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  • Citizenship of Ukraine – obtaining, accepting, confirming and exiting.

Citizenship of Ukraine – obtaining, accepting, confirming and exiting.

Term 8-12 months

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The right to citizenship is one of the fundamental human rights in accordance with the Universal Declaration of Human Rights. It is citizenship that is the basis that gives a person with the status of a citizen the opportunity to own a full range of rights, freedoms and fulfill the obligations determined by the legislation of this state.

Citizenship of Ukraine according to the Law of Ukraine “On Citizenship” is a legal connection between an individual and Ukraine, which is expressed in their mutual rights and obligations.

Principles of Ukrainian legislation on citizenship

1) passport of a citizen of Ukraine;

2) passport of a citizen of Ukraine for traveling abroad;

3) a temporary certificate of a citizen of Ukraine;

4) diplomatic passport;

5) service passport;

6) seafarer’s identity document;

7) certificate of a crew member;

8) identity card for return to Ukraine.

 

Grounds for acquiring Ukrainian citizenship

 

Each state establishes its own grounds and requirements that must be met by persons who wish to obtain citizenship. Thus, Ukrainian citizenship is acquired on the following grounds (Article 6 of the Law of Ukraine “On Citizenship”):

1) by birth;

2) by territorial origin;

3) due to the adoption of citizenship;

4) as a result of restoration of citizenship;

5) due to adoption;

6) as a result of the establishment of custody or guardianship over the child, placement of the child in a child care or health care institution, in a family-type orphanage or foster family, or placement in the family of a foster caregiver;

7) as a result of the establishment of guardianship over a person recognized by the court as legally incompetent;

8) in connection with the stay in the citizenship of Ukraine of one or both parents of the child;

9) due to the recognition of paternity or maternity or the establishment of the fact of paternity or maternity;

10) on other grounds provided for by international treaties of Ukraine.

The procedure for obtaining citizenship of Ukraine

Two procedures for obtaining Ukrainian citizenship

Citizenship of Ukraine in a simplified manner Citizenship of Ukraine in general order
Obtaining Ukrainian citizenship in a simplified manner takes three months. Foreigners and stateless persons can apply for Ukrainian citizenship in a simplified manner:

  • by birth (art. 7);
  • by territorial origin (Art. 8);
  • as a result of restoration of citizenship (Art. 10);
  • by adoption (art. 11);
  • as a result of the establishment of custody or guardianship over the child, placement of the child in a child care or health care institution, in a family-type orphanage or foster family, or placement in a foster family (Article 12);
  • due to the establishment of guardianship over a person recognized by the court as legally incompetent (Article 13);
  • in connection with the stay in the citizenship of Ukraine of one or both parents of the child (Article 14);
  • due to acknowledgment of paternity or maternity or establishment of the fact of paternity or maternity (Article 15);
  • on other grounds provided for by international treaties of Ukraine.

The decision on applications and petitions regarding the citizenship of Ukraine in these cases is taken by the bodies of the migration service.

All foreigners who have grounds for obtaining Ukrainian citizenship in accordance with Art. 9 of the Law of Ukraine “On Citizenship of Ukraine”. The processing time is one year.

In this case, the President of Ukraine makes a decision on applications and petitions on issues of citizenship of Ukraine.

Belonging to Ukrainian citizenship

In addition to acquiring citizenship, the Law operates with the concept of establishing and registering belonging to the citizenship of Ukraine.

Article 3 of the Law “On Citizenship” defines belonging to the citizenship of Ukraine. So, the citizens of Ukraine are:

1) all citizens of the former USSR who at the time of the declaration of independence of Ukraine (August 24, 1991) permanently resided in the territory of Ukraine (are citizens of Ukraine since August 24, 1991)

( November 13, 1991) lived in Ukraine and were not citizens of other states (have been citizens since November 13, 1991)

3) persons who arrived in Ukraine for permanent residence after November 13, 1991 and who in the passport of a citizen of the former USSR of the 1974 sample by the internal affairs bodies of Ukraine entered the inscription “citizen of Ukraine”, and the children of such persons who arrived with their parents in Ukraine and at the time of arrival in Ukraine, they did not reach the age of majority, if the indicated persons submitted applications for registration of belonging to the citizenship of Ukraine (citizens from the moment of making a mark on the citizenship of Ukraine).

4) persons who have acquired the citizenship of Ukraine in accordance with the laws of Ukraine and international treaties of Ukraine.

Procedure for submitting documents

1. For the establishment, registration and verification of belonging to the citizenship of Ukraine, acceptance into the citizenship of Ukraine, registration of the acquisition of citizenship of Ukraine, withdrawal from the citizenship of Ukraine, a person submits an application, as well as other documents provided for by law, depending on the basis.

2. In cases stipulated by the legislation of Ukraine, for filing an application and other documents on citizenship issues, a state fee or consular fee is paid, a document confirming the payment of which is submitted together with applications and other documents on citizenship issues.

The size of the state duty is established by the Decree of the Cabinet of Ministers of Ukraine “On the state duty”: for filing applications for the adoption of Ukrainian citizenship 0.5 of the tax-free minimum income of citizens.

3. Applications on issues of citizenship are drawn up:

  • on the acceptance into the citizenship of Ukraine and on the renunciation of the citizenship of Ukraine – addressed to the President of Ukraine;
  • on the establishment and registration of belonging to the citizenship of Ukraine by a person residing on the territory of Ukraine – addressed to the head of the main department (department) of the migration service in the Autonomous Republic of Crimea, the region, the cities of Kiev and Sevastopol at the place of residence;
  • on the registration of the acquisition of Ukrainian citizenship by a person residing on the territory of Ukraine – addressed to the head of the main department (department) of the migration service in the Autonomous Republic of Crimea, the region, the cities of Kiev and Sevastopol at the place of residence;
  • on the establishment and registration of belonging to the citizenship of Ukraine by a person who permanently resides abroad – addressed to the head of the diplomatic mission or consular office of Ukraine at the place of residence;
  • on verification of belonging to the citizenship of Ukraine by a person who is abroad – addressed to the head of the diplomatic mission or consular office of Ukraine at the location of the person;
  • on the registration of the acquisition of Ukrainian citizenship by a person who permanently resides abroad – addressed to the head of the diplomatic mission or consular office of Ukraine at the place of residence.

4. An application on issues of citizenship is submitted in writing, indicating the date of its preparation and signed by the applicant.

The application for the citizenship of the child is signed by one of his parents or another legal representative of the child.

A person who registered a marriage before reaching the age of majority or has full civil legal capacity before reaching the age of majority in accordance with the Civil Code of Ukraine signs an application on citizenship issues independently.

An application for citizenship of an incapacitated person is signed by his guardian.

If the applicant is unable to sign the statement for illiteracy or physical disabilities, another person signs the statement at his request.

5. Applications and other documents on citizenship issues are submitted:

  • a person legally residing in Ukraine – in a department, department (sector) of the migration service in a district, a district in a city, a city of regional, republican (Autonomous Republic of Crimea) significance at the place of residence in Ukraine;
  • by a person who has been granted refugee status in Ukraine or asylum in Ukraine – to the department, department (sector) of the migration service in the district, district in the city, city of regional, republican (Autonomous Republic of Crimea) significance at the place of registration of the person;
  • by a person permanently residing abroad – to the diplomatic mission or consular office of Ukraine at the place of residence.

6. The application and other documents on citizenship issues are submitted by the applicant personally.

If there are valid reasons (illness of the applicant, natural disaster, etc.), the application and other documents on citizenship issues, at the request of the applicant, can be submitted by another person or sent by mail.

An application and other documents on the citizenship of an incapacitated person are submitted by her guardian.

An application and other documents regarding the citizenship of a child are submitted by one of his parents or another legal representative of the child at the place of residence of the child or one of his parents or other legal representative.

A person who registered a marriage before reaching the age of majority or has full civil legal capacity before reaching the age of majority in accordance with the Civil Code of Ukraine submits an application and other documents on citizenship issues independently.

When submitting an application and other documents on citizenship issues, an identity document of the applicant is presented, as well as a document confirming the applicant’s residence in Ukraine or his permanent residence abroad, and copies of such documents are submitted.

7. Consent to acquire the citizenship of Ukraine or renounce the citizenship of Ukraine for a child between the ages of 14 and 18 is provided to them in the form of a written application submitted in the presence of the child. If there are valid reasons (illness of a child, natural disaster, etc.), such an application can be submitted in the absence of the child. (Article 16 of the Law of Ukraine)

 

Registration of persons by citizens of Ukraine and issuance of documents

  • In the event that a person is a decision to establish belonging to the citizenship of Ukraine, the adoption of Ukrainian citizenship or registration of the acquisition of Ukrainian citizenship The Main Directorate (Directorate) of the Migration Service in the Autonomous Republic of Crimea, the region, the cities of Kiev and Sevastopol, a diplomatic mission or consular office of Ukraine at the place of his residence shall register a person as a citizen of Ukraine.
    Such a person is issued a certificate of registration of a person as a citizen of Ukraine , which is submitted to them in order to obtain documents confirming the citizenship of Ukraine.
  • Persons who live on the territory of Ukraine and have received Ukrainian citizenship , with the exception of persons who have undertaken the obligation to terminate foreign citizenship, departments, departments (sectors) of the migration service in the district, district in cities, cities of the regional, republican (Autonomous Republic of Crimea) value issue passports of a citizen of Ukraine .
    Persons who permanently reside abroad and have received Ukrainian citizenship, with the exception of persons who have undertaken an obligation to terminate foreign citizenship, diplomatic missions or consular offices of Ukraine issue passports of a citizen of Ukraine to travel abroad.
  • Persons who have acquired the citizenship of Ukraine and have undertaken an obligation to terminate foreign citizenship are issued temporary certificates of a citizen of Ukraine (for a period of 2 years). After being provided by these persons in the manner prescribed by law document on termination of foreign citizenship or declaration of renunciation of foreign citizenship, instead of temporary certificates of a citizen of Ukraine, depending on the place of residence, they are issued passports of a citizen of Ukraine or passports of a citizen of Ukraine for traveling abroad.
    Children between the ages of sixteen and eighteen, after their parents or legal representatives present in the manner prescribed by law, a document on the termination of foreign citizenship or a declaration of renunciation of foreign citizenship of a child, depending on the place of residence, a passport of a citizen of Ukraine or a passport of a citizen of Ukraine for traveling abroad.
    After persons, in accordance with the procedure established by law, provide a document on the termination of the foreign citizenship of a child under the age of sixteen, or a declaration on the renunciation of the foreign citizenship of a child under sixteen years of age, such children are issued a certificate of registration of a person as a citizen of Ukraine.
  • Persons who live in Ukraine and in respect of whom a decision has been made to establish their belonging to the citizenship of Ukraine in accordance with Article 3 of the Law, departments, departments (sectors) of the migration service in the district, district in cities , cities of regional, republican (Autonomous Republic of Crimea) significance issue a passport of a citizen of Ukraine in accordance with Article 3 of the Law, diplomatic missions or consular offices of Ukraine issue a passport of a citizen of Ukraine for traveling abroad.

Procedure for obtaining a temporary certificate of a citizen of Ukraine

As indicated above, after receiving a certificate of registration of a person as a citizen of Ukraine, a foreigner or stateless person who has undertaken to terminate foreign citizenship receives a temporary certificate of a citizen of Ukraine. Thus, a temporary certificate of a citizen of Ukraine is an identity document and confirming the citizenship of Ukraine, and is issued to a person who has reached the age of fourteen, who has acquired Ukrainian citizenship and has undertaken to terminate foreign citizenship within two years from the date of acquiring Ukrainian citizenship.

A temporary certificate is drawn up and issued to persons by the relevant VHI unit in case of their residence in Ukraine, diplomatic missions and consular offices of Ukraine in other states – in case of their residence abroad no later than 10 working days from the date of the applicant’s submission of documents.

A temporary certificate of a citizen of Ukraine is drawn up and issued to a person for a period of up to two years.

In case of expiration of the validity period of a temporary certificate of a citizen of Ukraine, the person to whom it was issued is issued a new temporary certificate of a citizen of Ukraine in the manner prescribed by this Law.

A temporary certificate is handed over to the appropriate subdivision of the VHI or a diplomatic mission or consular office of Ukraine in another state simultaneously with a document confirming the termination of a person’s foreign citizenship or a declaration of renunciation of foreign citizenship, and the applicant is issued a certificate of registration of a person as a citizen of Ukraine for further registration of a passport of a citizen of Ukraine.

Required documents:

  • application-questionnaire in the form established by the Ministry of Internal Affairs and the Ministry of Foreign Affairs;
  • two photographs measuring 35 x 45 millimeters;
  • certificate of registration of a person as a citizen of Ukraine;
  • a copy of the certificate of the state tax authority on the assignment of an identification number;
  • passport document or document that replaces it and confirming the identity of the applicant. If necessary, a certified translation of the text of the document into Ukrainian is submitted.

Procedure for obtaining a passport of a citizen of Ukraine

As indicated above, after receiving a certificate of registration of a person as a citizen of Ukraine, a foreigner or stateless person receives a passport of a citizen of Ukraine.

The passport is produced in the form of a card containing a contactless electronic carrier. Every citizen of Ukraine who has reached the age of 14 is required to obtain a passport. A passport is issued to persons under the age of 18 for four years, and to persons who have reached the age of 18 – for every 10 years.

Documents for issuing a passport are submitted to the centers for the provision of administrative services, a state enterprise that belongs to the management of the SMS, and its separate divisions (hereinafter referred to as authorized entities), territorial divisions of the SMS at the place of residence.

The applicant submits the following documents for obtaining a passport:

  • a birth certificate or a document confirming the fact of birth issued by the competent authorities of a foreign state (hereinafter – the birth certificate);
  • certificate of registration of a person as a citizen of Ukraine;
  • a document proving the identity of the legal representative / authorized person and a document confirming the authority of the person as a legal representative / authorized person;
  • documents confirming the payment of the administrative fee;
  • documents confirming information for entering additional variable information into a contactless electronic medium and into a passport (if such documents are available): about the place of residence – a certificate of the registration authority in the established form;
  • about the birth of children – birth certificates of children;
  • on marriage and divorce – a marriage certificate, a divorce certificate, a court decision on divorce that has entered into legal force, or a document issued by the competent authorities of a foreign state, in accordance with its national legislation, confirms the relevant fact;
  • about name change – a certificate of name change, birth certificate, marriage certificate, divorce certificate, court decision on divorce, which entered into legal force, or a document issued by the competent authorities of a foreign state, in accordance with its national legislation, confirms the corresponding fact;
  • certificate of assignment of the registration number of the taxpayer’s registration card from the State Register of Individuals – Taxpayers or a notice of refusal to accept it;
  • one photo 10 x 15 centimeters in size for entering a digitized face image by scanning – for issuing a passport for a person who cannot move independently due to a long-term health disorder, which is confirmed by a medical certificate of the relevant healthcare institution. The photo must comply with the requirements of the recommendations of the International Civil Aviation Organization (ICAO) Doc 9303.

The territorial subdivision of the SMS, the authorized entity, on the basis of the submitted documents, forms an application form (including obtaining biometric data, parameters).

The passport is issued:

– no later than 20 working days from the date of registration of the application form to receive it;

– no later than 10 working days from the date of registration of the application form for its urgent receipt.

Obtaining Ukrainian citizenship is a complex process that requires taking into account many legal subtleties. In order not to get confused in the numerous intricacies and peculiarities of legislation, to save your time and nerves, you can choose a reliable partner in the person of the specialists of the company “ STATUS KO “.

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