- 1 HOW TO GET CITIZENSHIP OF UKRAINE
- 2 HOW TO GET CITIZENSHIP OF UKRAINE FOR INCAPACITED PERSON
- 3 HOW TO GET A CITIZENSHIP FOR A CHILD AFTER RECOGNITION OF FATHERHOOD AND MOTHERHOOD
- 4 ACQUISITON OF UKRAINIAN CITIZENSHIP BY BIRTH
- 5 ACQUISITION OF CITIZENSHIP UNDER A SIMPLIFIED PROCEDURE BY BIRTH OF A FOREIGNER OR HIS RELATIVES
- 5.1 Grounds for citizenship acquisition under a simplified procedure
- 5.2 Stages of Ukrainian citizenship acquisition under a simplified procedure
- 5.3 RESTORATION OF THE CITIZENSHIP OF UKRAINE
- 5.4 Grounds for restoration of the citizenship of Ukraine
- 5.5 Stages of the restoration of the citizenship Ukraine
- 5.6 Reasons for refusal to restore citizenship of Ukraine
- 6 GETTING CERTIFICATE ON CITIZENSHIP OF THE CHILD
- 7 ACQUSITION OF UKRAINIAN CITIZENSHIP ON THE GROUND OF TERRITORIAL ORIGIN
HOW TO GET CITIZENSHIP OF UKRAINE
Many foreigners living in Ukraine, after all, get an opportunity to be accepted to citizenship. If this happens to you, you have to carry out some legal procedures to make this opportunity real. To avoid mistakes and save your time you can contact professional lawyers of “Bachynskyy, Kolomiets and partners” for assistance.
Grounds to get citizenship of Ukraine
In most cases, to become eligible for citizenship, you will need to meet six requirements.
First, you must observe the Constitution and other laws. Second, not to have citizenship of any other country or abandon it. Also, you should legally live in Ukraine for five years without interruption. In addition, you should have immigration permit, know Ukrainian language well enough to communicate, and have a legitimate source of income.
This rule has exceptions – people who can get the citizenship by a simplified procedure. These exceptions include the following categories of people: born on Ukrainian territory, children of citizens of Ukraine, children who were born in Ukraine or were found as babies here, people who had Ukrainian citizenship earlier, and disabled persons, whose guardians are citizens of Ukraine.
The procedure of getting citizenship in Ukraine
If you want to get Ukrainian citizenship and have a right to it, you will go through several steps. The first step is to collect the necessary documents. Here’s the list:
- Passport or other document identifying person;
- A copy of permanent residence permit (Ukrainian or foreign);
- Bank receipts (confirmation of duty payment);
- Three photos, sized 35 x 45 mm;
- A document confirming that you have no other citizenship or your commitment to stop or change this citizenship, under international instruments;
- A document confirming that you speak Ukrainian;
- Document confirming one’s disability (if available and if needed);
- Document confirming the special right to citizenship (if needed);
- Document confirming you have a legitimate source of income for the last six months;
- Translation of documents in Ukrainian
Some people may not pay the state fee (the disabled of first and second groups). If you belong to such categories, you will need to submit appropriate confirming documents instead of bank receipts.
The next step is to write an application. Use all your attentiveness and carefulness, as any mistake may be a reason for denial of granting you citizenship. You can find example of the application online (official web-site of the State Migration Service). The filled application is to be submitted to the territorial department of the State Migration Service at the place of your residence. The examination of documents is long but lasts not more than 1 year. A special certificate of citizenship is a result of the entire procedure. Afterwards you will get a Ukrainian passport based on this certificate.
Grounds for denial of granting Ukrainian citizenship
There are certain categories of people who cannot receive Ukrainian citizenship. For example:
- Those who committed crimes against humanity or genocide;
- Those convicted in Ukraine (until the end of sentence) and those who committed grave offenses abroad;
- Those who didn’t confirm their right to citizenship of Ukraine;
- Those who made mistakes in the submitted documents.
Getting the citizenship of Ukraine is rather complicated. If you are not 100% sure that you prepare all the documents correctly, we strongly recommend using a qualified legal aid. “Bachynskyy, Kolomiets and partners” provides a full specter of legal services. Our company is ready to help you with a wide specter of immigration issues.
HOW TO GET CITIZENSHIP OF UKRAINE FOR INCAPACITED PERSON
An incapacitated person may obtain Ukrainian citizenship if he/she has a Ukrainian guardian.
Grounds for getting citizenship of Ukraine for incapacitated person
A foreigner or a stateless person legally residing in Ukraine may obtain citizenship under the accelerated procedure if he/she is under the guard of Ukrainian citizen. This becomes possible when Ukrainian court founds the person incapacitated, and the person who has Ukrainian citizenship gets the status of guardian of this person. For getting this status, the potential guardian must collect documents confirming he is able to maintain an incapacitated person, and meets certain requirements (health, positive characteristics, availability of housing and work, etc.). Then, if guardianship was issued, a guardian can apply for citizenship for an incapacitated person.
Stages of getting citizenship of Ukraine for incapacitated person
First, one must collect the following documents:
- Copy of passport of a guardian or other document confirming Ukrainian citizenship;
- A copy of a court decision about the guardianship;
- Document confirming the incapacitated person living in Ukraine;
- Two photographs of incapacitated person (size 3.5 x 4.5 cm).
Foreign, diplomatic and official passports, ID-card of seaman, crewmember, etc. may be the document confirming citizenship.
Second, you will have to fill in an application for citizenship for incapacitated person. You can ask for a sample of application at the office of the State Migration Service, or found it on the Internet. Writing an application, be very careful and check it. Improper filling the documents is a major reason for refusal in granting Ukrainian citizenship. If you have any problems, you can use the services of a law firm to simplify the process.
Third, you need to submit an application to the territorial department of the State Migration Service at the place of your residence. Examination of the application by public officials and issuing of certificates is free. They will consider the application during three months. Then, if the documents are properly filled and the grounds for getting citizenship of Ukraine are confirmed a certificate of registration of citizens is issued to the applicant. With this document, one can get Ukrainian passport.
Ukraine does not recognize dual citizenship. Incapacitated person whom you are getting Ukrainian citizenship for, must renounce any other citizenship(-s) he or she has.
HOW TO GET A CITIZENSHIP FOR A CHILD AFTER RECOGNITION OF FATHERHOOD AND MOTHERHOOD
A child, whose parent is a stateless person, may obtain a citizenship if a citizen of Ukraine recognizes himself/herself to be the child’s parent. In this case the child obtains Ukrainian citizenship even being of major age. But if the child has a foreign citizenship he must refuse from it.
Peculiarities of getting a citizenship for a child after recognition of fatherhood and motherhood
Such child has a right to citizenship during the whole life.
Stages of getting a citizenship for a child after recognition of fatherhood and motherhood
First of all, one shall gather the following documents:
- Passport or another document that identifies a person;
- Copy of permanent residence in Ukraine;
- Copy of passport or other document confirming Ukrainian citizenship of parents;
- Copy of court decision on recognition of fatherhood and motherhood;
- Copy of other parent passport, confirming he/she doesn’t have Ukrainian citizenship;
- Copy of birth certificate;
- Documentary confirmation of other citizenship absence or obligation to stop foreign citizenship (for majors);
- Written consent to get Ukrainian citizenship (for minors from 14 to 18);
- 2 photos 3,5 x 4,5 cm (for children over 7);
- Notarized copies of the documents, translated into Ukrainian.
Then one has to fill in an application form. An example may be taken at the State Migration Service. One shall be very careful when filling in the application, as any mistake is a ground for refusal in granting Ukrainian citizenship.
All the documents are to be submitted to the State Migration Service at the place of your registration. It will be examined during 3 months. If everything is done correctly you will be given a certificate that, in future, will be a basis for issuing a Ukrainian passport. We stress the point that if the documents are filled with mistakes it is a basis for refusal.
It must be taken into account that if you had a foreign citizenship earlier, you should pay all your debts in the foreign country, to avoid problems with refusal from the foreign citizenship and obtaining Ukrainian one.
ACQUISITON OF UKRAINIAN CITIZENSHIP BY BIRTH
Acquisition of Ukrainian citizenship by birth is one of the ways to realize a right to citizenship of Ukraine.
Under the Law “On Citizenship of Ukraine” a person has the right to citizenship of Ukraine in the following cases:
- If one or both of parents are citizens of Ukraine;
- If the person was born in Ukraine, and his/her parents do not have Ukrainian citizenship, but they stay in Ukraine legally;
- If the person was born outside Ukraine, the parents do not have Ukrainian citizenship, but legally stay in Ukraine, and the person has not obtained the citizenship of another state by birth in its territory;
- If the person was born in Ukraine, his/her parents are foreign citizens or don’t have citizenship at all, but legally live in Ukraine, and if the person has not acquired citizenship of one of parents;
- If the person was born in Ukraine, her parents (both or one of them) had a refugee status or were granted asylum in Ukraine, and if the person has not acquired citizenship of one of parents;
- If a newborn person was found in Ukraine, and her parents are unknown.
A person, who meets one of the listed items, becomes a citizen of Ukraine immediately after his/her birth.
The procedure for acquiring citizenship of Ukraine by birth
A certificate of citizenship by birth is documentary evidence of belonging to Ukrainian citizenship.
To achieve it, you must:
- Apply to the subdivision of the State Migration Service of Ukraine at the place of residence or one of your parents;
- Submit all the necessary documents;
- Fill in an application.
Documents required for the citizenship of Ukraine
During the preparation of necessary documents, the person who submits the documents should be extremely careful, especially when writing personal data. The presence inaccuracies, spelling or typographical mistakes, incorrect data in the documents or lack of required documents may be grounds for denial in acquiring citizenship.
If you have got original documents in foreign languages, you must provide notarized translations of them into Ukrainian.
It is necessary to submit the following documents:
- A passport or other document identifying you;
- Document confirming your place of residence;
- Copy of birth certificate of the applicant;
- Document confirming citizenship of Ukraine of parents or one of them, or confirmation of their legal stay within the territory of Ukraine;
- A declaration of absence of another country citizenship (if necessary);
- A copy of the refugee certificate of one parent or both, if they have refugee status (if necessary);
- Filled application form.
As usually, the documents are examined by the State Migration Service during 3 months.
Reasons of refusal
They are the following:
- Applicant has no legal grounds for acquisition of Ukrainian citizenship by birth;
- There are mistakes or false information in the submitted documents.
ACQUISITION OF CITIZENSHIP UNDER A SIMPLIFIED PROCEDURE BY BIRTH OF A FOREIGNER OR HIS RELATIVES
Some citizens have a right to obtain Ukrainian citizenship under a simplified procedure. For example, people who were born or lived in Ukraine before independence declaration in 1991, or whose relatives were born or lived in Ukraine at this time. For such people it is much easier to obtain citizenship, it takes less time and documents.
Grounds for citizenship acquisition under a simplified procedure
Under current legislation, they are the following:
- You were born or lived in Ukraine before August 24, 1991;
- One of your relatives listed below were born or lived in Ukraine before August 24, 1991:
- Your child;
- Your father or mother;
- Your grandfather or grandmother;
- Your grandson or granddaughter;
- Your brother or sister.
People who meet one of these items can be given citizenship of Ukraine under the prescribed procedure.
Stages of Ukrainian citizenship acquisition under a simplified procedure
- Collecting documents:
- A document that identifies you (passport, as usual);
- Birth certificate or certificate on residence in Ukraine (of yours or your relative);
- Documents proving family relations with a relative that was born or lived in Ukraine (if necessary);
- The document on absence of another citizenship or statement of renunciation from it;
- Notarized translation of foreign documents into Ukrainian.
There can be quite a large number of documents proving family ties in some cases. Their list can include birth certificate, marriage certificate, a certificate of name change, etc. Thus, a married woman whose maternal grandmother lived on the territory of Ukraine will have to assemble a package of six documents (if her mother and grandmother had changed their family names at marriage). Loss of documents makes the whole procedure longer and more complicated, but it not impossible, as documents can be restored by using the services of specialists.
- Filling an application form
Its sample can be taken at the State Migration Service of Ukraine. We remind everyone to be very careful when filling the application. Besides, you have to take2 photos of yours, sized 3.5 x 4.5 cm.
- Submitting all the documents to the territorial subdivision of the State Migration Service of Ukraine and waiting for their reply and decision, whether you are granted Ukrainian citizenship or not.
There may be several reasons for a negative decision. For instance, if there are some mistakes in your documents or they are not enough to confirm your legal status. You can correct these mistakes and try again.
One shall keep in mind that double citizenship in Ukraine is forbidden.
RESTORATION OF THE CITIZENSHIP OF UKRAINE
If you have lost the citizenship of Ukraine for some reason and want to renew it, you do not need to repeat the entire procedure of getting citizenship from the very beginning. There is an easier and faster procedure. Thus the state establishes favorable conditions for Ukrainians who want to return home.
Grounds for restoration of the citizenship of Ukraine
This procedure is for everyone who had had Ukrainian citizenship before, but lost it for some reasons (for example, because of obtaining foreign citizenship). However, since Ukraine does not recognize dual citizenship, as soon as you restore Ukrainian citizenship, you lose all the others. That is why this procedure is the best for those who decided to return home forever.
Stages of the restoration of the citizenship Ukraine
If you decide to restore Ukrainian citizenship, you will need to perform some procedures to exercise their right to it. The first of these is a collection of documents. Here’s their list:
- Passport or other document that identifies you;
- The documentary confirmation of permanent residence in Ukraine or abroad;
- Notarized translation of documents in Ukrainian;
- Two photos, sized 3.5 x 4.5 cm.
In some situations, you may need additional documents that will certify your right for Ukrainian citizenship; sometimes it is necessary to contact a qualified lawyer for help. For example, one may need their birth certificate, declaration of renunciation of foreign citizenship, documents proving your kinship with a citizen of Ukraine, etc. A lawyer can help you to find out which document is needed in your case.
Filling an application is the next step. An example may be taken in the office of the State Migration Service of Ukraine, or found on the Internet. The application must be filled in Ukrainian and without mistakes; any mistake or correction may be a ground for denial of citizenship restoration. The documents and the application should be submitted to the Department of State Migration Service of Ukraine. Documents will be considered for up to three months and if you did everything correctly, you will be given a certificate of citizenship, and get a passport on its basis. Documents must be applied personally by the applicant. Services of the Migration office in this case are free of charge.
Reasons for refusal to restore citizenship of Ukraine
- Improperly filled documents;
- Absence of right to obtain citizenship;
- Crimes against humanity or genocide, committed by an applicant;
- Previous conviction in Ukraine for a serious or especially serious crimes;
- Commitment of crimes abroad, considered to be serious or especially serious crimes in Ukraine;
- An applicant lost citizenship for the first time since it was discovered that he had got it by cheating, by false information or by forged documents.
In some cases, such as improper paperwork, you can correct mistakes and try to apply again. You may need legal advice to help with restoration of Ukrainian citizenship.
GETTING CERTIFICATE ON CITIZENSHIP OF THE CHILD
Confirmation of citizenship is one of the most important acts. A birth certificate confirms only family relations, but not the citizenship of a person. But if parents are Ukrainian citizens and a child was born in Ukraine, there is no need in getting certificate on citizenship.
Cases when certificate on citizenship of the child is issued
- If only one of parents has Ukrainian citizenship – in this case a child gets Ukrainian citizenship by birth;
- If both parents are foreigners but their child was born during their legal stay in Ukraine – in this case child can get Ukrainian citizenship in a simplified way.
How to get the certificate on citizenship of the child? Steps:
If one of the situations prescribed above take place, your steps are the following.
First, one must collect documents. Here is their list:
- A notarized copy of your child’s birth certificate;
- A copy of the passport of the parent who is a citizen of Ukraine (for the first case);
- Copies of passports of both parents (the second case);
- A copy of the document certifying the foreign citizenship of the child or the certificate of citizenship absence;
- Two photos of the child, size 3,5 x 4,5 cm (for children aged 5 years and more).
Second, you have to write an application and submit it with the documents in the territorial department of State Migration Service of Ukraine at the place of your residence. Writing a statement, one should be as careful as possible, and repeatedly check the written data. Errors in the documents can significantly complicate the procedure. The sample of an application and instructions towards its filling can be found online, or get the State Migration Service department.
Your application will be examined nearly three months by the Migration Service, and if you have done everything correctly, you would be given a certificate of citizenship for your child. With this certificate you can get a travel document for your child and a permanent residence permit for the parent who does not have Ukrainian citizenship.
The issuance of such certificates is free, but you can use the services of law firms to simplify the procedure or to make it faster. The application must be submitted by one of the parents or their legal representative.
The State may refuse to issue a certificate if there is no confirmation of any reason to receive it, or there are mistakes in the documents. Thus, in some cases you may need a qualified lawyer.
Ukraine does not recognize dual citizenship; you should choose what citizenship you want your child to get. Getting Ukrainian citizenship means refusal from citizenship of other country; getting another citizenship in future means refusal from citizenship of Ukraine.
ACQUSITION OF UKRAINIAN CITIZENSHIP ON THE GROUND OF TERRITORIAL ORIGIN
Under current legislation there are different ways to acquire Ukrainian citizenship. Acquisition of Ukrainian citizenship due to territorial origin is one of them. Such possibility may turn into reality if a person meets the following requirements:
- One of his/her close relatives has a documentary written and notarized confirmation of their residing within the territory of Ukraine before August 24, 1991;
- One of his/her close relatives has been living for a long time within the territories that belonged to Ukrainian state formations.
We stress the point that documents for acquisition of Ukrainian citizenship are to be submitted personally. Moreover, a person who wants to acquire Ukrainian citizenship must write a denial from his/her previous citizenship. Even if you are a citizen of a few countries, Ukrainian legislation requires stopping these legal statuses. A refugee must deny from his status or from asylum.
Acquisition and termination of Ukrainian citizenship procedure
The date of state registration is considered to be the date of citizenship acquisition. The list of documents required is the following:
- 2 photos of the applicant;
- Written obligation to terminate foreign citizenship;
- Birth certificates;
- Written consent for acquisition of Ukrainian citizenship (for children under 14-year age), etc.
Termination of another citizenship is possible only if the applicant does not have financial debts or political conflicts with government of his/her previous country.