The procedure of Ukrainian citizenship receipt
The procedure of Ukrainian citizenship receipt is a very difficult and rather long process that in all cases includes the implementation of a wide range of necessary conditions.
An application for Ukrainian citizenship can be submitted by foreign citizen (with the condition of termination of foreign citizenship) as well as by stateless person.
The main legal acts which regulate the procedure of citizenship receipt are the Law of Ukraine "On Citizenship of Ukraine", as well as the Decree of the President of Ukraine dated the 27th of March 2001 № 215 "The organization of the Law of Ukraine "On Citizenship of Ukraine" execution."
The grounds for Ukrainian citizenship
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The Act specifies the following grounds for the Ukrainian citizenship:
- By the right of birth;
- By the territorial origin;
- As a result of the naturalizing;
- In the case of restoration of citizenship;
- As a result of adoption;
- In case of a child custody or guardianship establishment, as well as a placing of a child in a child care institution or health care centre, foster home or transfer to a family-type orphanage;
- In connection with the custody of a person who has been recognized as incapable;
- In the case of a citizenship of one or more parents of the child;
- In connection with the recognition or establishment of paternity or maternity;
- Other grounds related to international treaties of Ukraine.
The procedure of citizenship receipt: where to start, whom to trust?
For information on how to become a citizen of Ukraine you can learn from the article, and to deal with the issues on the organization of procedure and documents receipt you can trust to the company "Status Ko".
A foreigner or a stateless person who wishes to receive the citizenship of Ukraine should submit under the established procedure an application as well as all the necessary documents related with the Ukrainian citizenship in a specially authorized central executive authority dealing with the issues of citizenship. After that the validity of the submitted documents, including the existence of the conditions for the citizenship of Ukraine or the establishment of the absence of such grounds should be verified. The results of such verification are sent to the Commission of the President of Ukraine to be approved, which is responsible for the entry into citizenship.
According to the results of the application approval the Commission of the President of Ukraine makes its proposals. In case of improper documents completion the application returns to the authorized central executive authority on citizenship to bring them into compliance with the current legislation of Ukraine.
Conditions for Ukrainian citizenship receipt
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According to the Art. 9 of the Law of Ukraine "On Citizenship of Ukraine" to satisfy the request of the foreigner or the stateless person it is also necessary to execute a range of conditions:
- The recognition and compliance with the Constitution and laws of Ukraine;
- A declaration confirming the absence of foreign citizenship in the case of stateless persons and for foreigners - a written obligation of renunciation of foreign citizenship;
- The living in Ukraine for the last five years without violating the legal basis of such residence;
- An immigration permit availability;
- The Ukrainian language proficiency to the extent that would be sufficient for communication;
- The completely legitimate resources for the existence on the territory of Ukraine.
The solution of the issue concerning the citizenship of Ukraine is adopted by the President of Ukraine. The date of signing the corresponding Decree is considered to be the date of the citizenship. According to the laws of Ukrainian every citizen also has the right to surrender citizenship. The Article 18 of the Law of Ukraine "On Citizenship" specifies the conditions how to surrender the citizenship of Ukraine. So under the general rule when leaving for permanent residence abroad and the presence of the corresponding application the person can surrender the citizenship of Ukraine on his own.
The procedure of renunciation of the citizenship
The renunciation of the citizenship of Ukraine is possible only in that case if the person has acquired the citizenship of another state or has a special document, which confirms that another citizenship will be received after the renunciation. The refusal to grant the renunciation of the citizenship of Ukraine suggests that the person referred to in the application, is indicted in a criminal case or has the effective court verdict against him.
In case of child’s leaving abroad for permanent residence with his parents, it is possible to renounce the citizenship of Ukraine under the application of one of the parents. The children of 14 - 18 ages can surrender the citizenship of Ukraine only with their personal consent, which is submitted in writing. The request can be submitted without such application in case of valid reasons, such as a child's illness, natural disasters and so on. The date of a special Decree of the President of Ukraine is considered to be the date of the renunciation of the citizenship of Ukraine.
The procedure of Ukrainian citizenship receipt
The following steps can be distinguished in the process of decision making by the bodies of migration service concerning the Ukrainian citizenship earning:
- Department, division or sector of the migration service, located in the district, town or the city, where the documents have been filed on the adoption of the citizenship of Ukraine, verify the compliance of the filed documents with the requirements of the current legislation of Ukraine.
- All the documents, drawn up in a proper way, submitted by the applicant, are sent to the Head Department of Migration Service of the correspondent region or Kyiv city not later than in 2 weeks term. Head Department of Migration Service calls attention to the compliance of documents with the requirements of the current legislation of Ukraine, and the availability of legal grounds for the granting the citizenship of Ukraine. In the case of a certain person’s restoration of the citizenship of Ukraine the submitted documents are sent to the authorities of the National Security Inspectorate of Ukraine, where within the existing competence it is verified the availability of the statutory grounds, which does not allow restoring the citizenship of Ukraine. The results of the inspection held by the bodies of the National Security Inspectorate of Ukraine and the Ministry of Internal Affairs of Ukraine are sent directly to the Head Department of the Migration Service in the region.
- If the documents are drawn up in a proper way and there is a proof under which it is allowed according to the laws to apply for acquiring the citizenship of Ukraine or the restoring the citizenship of Ukraine, the Director of the Head Department of the Migration Service in the region or his deputy accepts the decision on the possibility of Ukrainian citizenship granting.
- In case of all legal grounds for Ukrainian citizenship receipt or renunciation of citizenship, as well as proper documentation, the State Migration Service of Ukraine makes the conclusion concerning the possibility of satisfying the applicant's requests. Further the approved conclusion and the provided documents are sent to the Commission of the President of Ukraine on citizenship issues.
Terms of citizenship
The experience of "Status Ko" company in the issues of Ukrainian citizenship receipt allows to prepare a package of all necessary documents and to carry out a request in the state bodies.
The general term during which the authorities of the Migration Service made the consideration of applications and requests on the citizenship issues and the decision making shall not exceed eight months from the date of filing. It is possible to reduce the general term up to six months in case of Ukrainian citizenship granting for children and persons who have been granted a refugee status in Ukraine or asylum in Ukraine.
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