Ukrainian Citizenship
Ukraine is a country that strives to recognise and guarantee the rights and freedoms of every person, not only within its borders but also beyond them. In turn, every citizen must comply with the laws and regulations of the state and fulfil the established obligations.
Ukraine’s citizenship legislation is built on a number of principles that are recognised and observed:
- Single citizenship, which means that a person may hold only Ukrainian citizenship and excludes the possibility of acquiring the citizenship of other states.
- Prevention of statelessness, which means that every person has the right to Ukrainian citizenship and the possibility of depriving them of it is excluded.
- Recognition of the right of a citizen of Ukraine to change their citizenship, i.e. every person has the right to voluntarily change their citizenship under the procedures established by law.
- The impossibility of automatically acquiring Ukrainian citizenship by foreigners or stateless persons through marriage to a citizen of Ukraine, as well as the automatic termination of Ukrainian citizenship of one spouse due to the dissolution of the marriage or the termination of Ukrainian citizenship of the other spouse.
- Equality before the law of citizens of Ukraine, regardless of the grounds, procedure and moment of acquisition of Ukrainian citizenship, which guarantees that all citizens have the same rights and opportunities.
- Preservation of Ukrainian citizenship regardless of the place of residence of the citizen of Ukraine, which means that Ukrainian citizenship is retained irrespective of where the citizen lives.
These principles of Ukraine’s citizenship legislation are aimed at ensuring fairness, equality and the protection of the rights of every citizen. They reflect the principles on which our country is founded, contributing to the preservation of national identity and the harmonious development of society.
Without a lawyer
With a lawyer
As of 19 July 2022, citizens of Ukraine are able to travel to 144 countries and territories without a visa or with a visa obtainable on arrival. The Ukrainian passport ranks 35th in the world for travel freedom, according to the Henley Passport Index 2022.
In particular, Ukrainian citizens enjoy advantages, as their passports allow visa-free entry to the countries of the European Union. This opens up broad opportunities for travel, business and cultural exchange between Ukraine and the EU countries. Citizens of Ukraine can easily visit European Union countries for tourism, study or work purposes without the need to obtain a visa before travelling.
This clearly demonstrates the gradual improvement of Ukraine’s international standing and reputation, as well as the trust that the global community places in Ukrainian citizens. Better conditions for visa-free travel promote the development of tourism, support business ties and foster cultural exchange between countries. Ukraine continues to work on strengthening its international relations and increasing the level of travel freedom for its citizens.
Why immigration lawyer Ivan Goncharov?
When it comes to the legal intricacies of migration matters, it is best to turn to a specialised lawyer. Get a consultation.
Consulting an immigration lawyer in Ukraine is your advantage in immigration matters.
The procedure for obtaining Ukrainian citizenship is not simple. Every case is individual, and the process itself can be lengthy and bureaucratic.
The main legal acts governing Ukrainian citizenship are the Law of Ukraine “On Citizenship of Ukraine” and Decree of the President of Ukraine No. 215 of 27 March 2001.
Acquisition of Ukrainian citizenship is possible only at the initiative of the applicant themselves. This means that a person who wishes to become a citizen of Ukraine must submit the application on their own and go through the established procedures.
Not only stateless persons but also foreigners may apply for the acquisition of Ukrainian citizenship. However, such foreigners are obliged to renounce their foreign citizenship within 2 years from the moment of registration as a citizen of Ukraine.
Obtaining Ukrainian citizenship requires meeting a number of requirements, such as residence on the territory of Ukraine, knowledge of the Ukrainian language, the absence of criminal offences, and so on. Each case is examined and assessed individually, and the decision to grant Ukrainian citizenship is taken by the competent authorities in accordance with the law.
Thus, obtaining Ukrainian citizenship requires applicants to invest considerable time and effort and to fulfil the established requirements and procedures.
Additional information on Ukrainian citizenship
Obtaining Ukrainian citizenship involves various grounds and conditions. Here are the main ways of acquiring Ukrainian citizenship:
- By birth: A person may become a citizen of Ukraine if they were born on the territory of Ukraine and have legal recognition as a citizen.
- By territorial origin: If one of the parents is a citizen of Ukraine, the child may obtain Ukrainian citizenship.
- As a result of admission to citizenship: A person who is not a citizen of Ukraine may apply for the acquisition of Ukrainian citizenship under certain conditions and requirements.
- As a result of restoration of citizenship: A person who was previously a citizen of Ukraine but lost their citizenship may apply for restoration of Ukrainian citizenship.
- As a result of adoption: A child adopted by a citizen of Ukraine may obtain Ukrainian citizenship.
- As a result of the establishment of guardianship over a child: A child over whom guardianship has been established by a citizen of Ukraine may acquire Ukrainian citizenship.
- As a result of the establishment of guardianship over a person declared legally incapable by a court: A person who has been declared legally incapable by a court and over whom guardianship has been established by a citizen of Ukraine may obtain Ukrainian citizenship.
- In connection with one or both parents of the child holding Ukrainian citizenship: If one or both parents of the child are citizens of Ukraine, the child may obtain Ukrainian citizenship.
- As a result of the establishment of parentage: If a person is recognised as the father or mother of a child who is a citizen of Ukraine, they may obtain Ukrainian citizenship.
- On other grounds provided for by the international treaties of Ukraine: Ukraine may grant citizenship to persons on the basis of reciprocity with other countries in accordance with international treaties.
In each of these cases, to acquire Ukrainian citizenship it is necessary to meet certain requirements, procedures and conditions established by the legislation of Ukraine.
Is dual citizenship allowed in Ukraine?
Dual citizenship is not permitted in Ukraine. If a citizen of Ukraine has acquired the citizenship of another country or countries, then in relations with Ukraine they are legally recognised solely as a citizen of Ukraine. In other words, Ukrainian legislation provides that a citizen of Ukraine may not hold another citizenship in addition to Ukrainian citizenship.
First of all, if a foreigner has acquired Ukrainian citizenship, then in legal relations with Ukraine they are recognised solely as a citizen of Ukraine.
The acquisition of Ukrainian citizenship by persons who have undertaken to terminate their foreign citizenship is accompanied by the issuance of temporary certificates of a citizen of Ukraine for a period of up to 2 years. Passports of a citizen of Ukraine are issued to such persons only after the termination of their foreign citizenship or after the submission of an application to renounce their foreign citizenship.
In the case of the acquisition of Ukrainian citizenship by children aged 14 to 18, this is possible only with their consent. This means that such children must express their consent to the acquisition of Ukrainian citizenship, and without their consent such acquisition cannot take place.
Acquiring Ukrainian citizenship by birth
There are various legal grounds for acquiring Ukrainian citizenship by birth. Here are some of them:
- The parents, or one of the parents, were citizens of Ukraine at the time of the person’s birth.
- The person was born on the territory of Ukraine to stateless persons who legally reside in Ukraine.
- The person was born outside Ukraine to stateless persons who permanently reside on legal grounds on the territory of Ukraine and did not acquire the citizenship of another state by birth.
- The person was born on the territory of Ukraine to foreigners who legally reside in Ukraine and did not acquire the citizenship of either parent by birth.
- The person was born on the territory of Ukraine to a parent who was granted refugee status or asylum in Ukraine, and did not acquire the citizenship of the parent who was granted refugee status or asylum in Ukraine.
- The person was born on the territory of Ukraine to a foreigner and a stateless person who legally reside on the territory of Ukraine, and did not acquire the citizenship of the parent who is a foreigner.
- A newborn child found on the territory of Ukraine, both of whose parents are unknown (a foundling).
A person who is entitled to acquire Ukrainian citizenship by birth is a citizen of Ukraine from the moment of their birth.
Acquiring Ukrainian citizenship by territorial origin
Acquiring Ukrainian citizenship by territorial origin involves the following conditions:
- A stateless person or a foreigner who has submitted an undertaking to terminate their foreign citizenship and has filed an application for the acquisition of Ukrainian citizenship, as well as their minor children, may be registered as citizens of Ukraine if they meet one of the following conditions:
- They, or at least one of their parents, grandfather or grandmother, relatives (full and half siblings), brother or sister, son or daughter, grandson or granddaughter, were born or permanently resided before 24 August 1991 on territory that became part of the territory of Ukraine under the Law of Ukraine “On the Legal Succession of Ukraine”.
- They, or at least one of their parents, grandfather, grandmother, or full or half siblings, were born or permanently resided on other territories that, at the time of their birth or during their permanent residence, were part of the Ukrainian People’s Republic, the West Ukrainian People’s Republic, the Ukrainian State, the Ukrainian Socialist Soviet Republic, Carpathian Ukraine, or the Ukrainian Soviet Socialist Republic (Ukrainian SSR).
Thus, if a person or their parents have a connection with territory that became part of Ukraine under special laws, they may be entitled to acquire Ukrainian citizenship by territorial origin.
Acquiring Ukrainian citizenship by admission
Acquiring Ukrainian citizenship by admission involves the following legal grounds:
- A foreigner or a stateless person may be admitted to Ukrainian citizenship upon their application.
- The conditions for admission to Ukrainian citizenship are the simultaneous fulfilment of the following conditions:
- Recognition of and compliance with the Constitution of Ukraine and the laws of Ukraine.
- Submission of a declaration of the absence of foreign citizenship (for stateless persons) or an undertaking to terminate foreign citizenship (for foreigners).
- Permanent residence on legal grounds on the territory of Ukraine for the last five years.
- Obtaining an immigration permit.
- Command or understanding of the state language to an extent sufficient for communication.
- The existence of legal sources of subsistence.
These conditions must be met simultaneously in order to obtain Ukrainian citizenship by admission.
How to obtain Ukrainian citizenship through marriage
Yes, foreigners and stateless persons married to citizens of Ukraine may apply for admission to Ukrainian citizenship. In this case, the applicant must first obtain an immigration permit to Ukraine and be married for 2 years.
It is important to note that applicants married to citizens of Ukraine are not subject to the requirement of continuous legal residence on the territory of Ukraine for the last five years. This means that they may apply for admission to Ukrainian citizenship after 2 years of marriage, regardless of the length of their residence in the country.
How to obtain Ukrainian citizenship through investment — can Ukrainian citizenship be bought?
Obtaining Ukrainian citizenship through investment does not involve directly “buying” citizenship. The procedure for obtaining Ukrainian citizenship through investment includes the following steps and requirements:
- The foreigner registers a company in Ukraine and makes a significant investment in the assets of that company amounting to no less than USD 100,000. The investment may be made in the form of money in the company’s bank account or of property that can be legally identified.
- After registering the company and making the investment, the procedure requires obtaining an immigration permit, which is a mandatory stage. This process may take up to 12 months.
- After obtaining an immigration permit to Ukraine, the investor may apply for a permanent residence permit.
It is important to note that the investor must be present in Ukraine for at least 183 days during each of the following 5 years, which means continuous legal residence on the territory of Ukraine.
It should be emphasised that the procedure for obtaining Ukrainian citizenship through investment is not simple and requires compliance with a number of requirements and restrictions. It is recommended to consult a competent legal adviser or the migration service authorities for more detailed information and specific guidance.
Ukrainian language exam for acquiring Ukrainian citizenship
Confirmation of proficiency in the Ukrainian language is one of the important criteria for obtaining Ukrainian citizenship. To this end, the applicant must pass an exam on knowledge of the Ukrainian language, which is overseen by the National Commission on State Language Standards. The main requirements and procedures associated with this exam are as follows:
- The applicant must register online in the examination system to determine the level of proficiency in the Ukrainian language.
- The applicant must appear in person for the exam at the registered time at the chosen location, with an identity document and a means of electronic digital signature.
- The exam is conducted in the form of computer testing.
- The results of the exam are provided no later than 15 calendar days after the date of the exam.
- Proficiency in the state language is confirmed by a certificate of the state-established form.
- The state certificate obtained is stored in the Register of State Certificates.
Foreigners who plan to obtain Ukrainian citizenship are required to pay a fee for taking the exam, amounting to 492 hryvnias.
It is important to note that proficiency in the Ukrainian language is a mandatory element for obtaining Ukrainian citizenship. The exam procedure makes it possible to verify the level of language proficiency and ensures compliance with the requirements of Ukrainian legislation.
How long does it take to obtain a Ukrainian passport?
The time required to obtain a Ukrainian passport depends on the specific scheme and procedure that the applicant is pursuing. The options for obtaining citizenship may take from one to five or more years. It should be noted that the decision on admission to Ukrainian citizenship is taken by the President of Ukraine, except in cases where the applicant acquires citizenship by birth.
The process of examining an application may take around 1 year after all the necessary formalities have been completed. This period includes the verification of documents and compliance with the requirements regarding residence, integration and other requirements that may be established by law.
It should be noted that the time for obtaining citizenship may vary depending on individual circumstances, the volume of applications under review, the decisions of the authorities and other factors that may affect the process.
How to renounce Ukrainian citizenship
In accordance with the current legislation of Ukraine, a citizen of Ukraine who permanently resides abroad has the right, of their own will, to renounce Ukrainian citizenship. There are various scenarios in which this may be carried out. Some of them include the following cases:
- If a child has departed together with the parents for permanent residence abroad and the parents have renounced Ukrainian citizenship, the child may renounce Ukrainian citizenship together with the parents upon the application of one of the parents.
- If one of the parents has departed with the child for permanent residence abroad and is renouncing Ukrainian citizenship, while the other remains a citizen of Ukraine, the child may renounce Ukrainian citizenship together with the parent who is renouncing Ukrainian citizenship, upon that parent’s application.
- If one of the parents has departed with the child for permanent residence abroad and is renouncing Ukrainian citizenship, while the other is a foreigner or a stateless person, the child may renounce Ukrainian citizenship together with the parent who is renouncing Ukrainian citizenship, upon that parent’s application.
- If a child has departed for permanent residence abroad and their parents have renounced Ukrainian citizenship, the child may leave Ukraine upon the application of one of the parents.
- If a child has departed for permanent residence abroad with one of the parents and has renounced Ukrainian citizenship, while the other is a citizen of Ukraine, the child may renounce Ukrainian citizenship upon the application of the parent who has renounced Ukrainian citizenship.
- If a child has departed for permanent residence abroad with one of the parents and that parent has renounced Ukrainian citizenship, while the other is a foreigner or a stateless person, the child may renounce Ukrainian citizenship upon the application of the parent who has renounced Ukrainian citizenship.
In addition, there are other scenarios in which a child may renounce Ukrainian citizenship under the rules provided for by law.
It should be noted that renunciation of Ukrainian citizenship is permitted under certain conditions and procedures, and is not permitted if the person applying for renunciation has been notified of a suspicion of committing a criminal offence, or if there is a court conviction that has not yet been enforced.
It is important to bear in mind that the date of termination of Ukrainian citizenship is the date of issuance of the relevant Decree of the President of Ukraine. Until the relevant decree has been adopted, a person who has submitted an application for renunciation, or in respect of whom the question of loss of citizenship is being considered, remains a citizen of Ukraine with all the rights and obligations associated with that status.
Do not delay — contact a lawyer to receive better assistance and services. Get a consultation.