Obtaining Ukrainian citizenship (naturalization)

In this article we will talk about admission to Ukrainian citizenship of an adult foreigner (who has citizenship of another country) on their own request (on the basis of Article 9 Law of Ukraine on “Citizenship of Ukraine”). This article provides short summary of key legal aspects related to the matter.

This article shall not apply to persons who have been granted refugee status in Ukraine or asylum in Ukraine.

In Ukraine there are two main legislative acts, which regulates matter of admission to Ukrainian citizenship.

• Law Of Ukraine “On Citizenship of Ukraine” (primary law)

• “Order regarding proceeding applications and submissions on citizenship of Ukraine and the implementation of adopted decisions”, approved by Decree №215 of the President of Ukraine dated 27 March 2001 (only UA link available) (description of administrative procedure)

Who can be admitted to Ukrainian citizenship?

According to Article 9 Law of Ukraine on “Citizenship of Ukraine” any foreigner, who legally resides (stays) on the territory of Ukraine can be admitted to Ukrainian citizenship upon his or her request. However, the following six conditions must be met simultaneously:

• (1) recognition of and compliance with the Constitution of Ukraine and the laws of Ukraine

• (2) submission of an obligation to terminate foreign citizenship

• (3) continuous lawful residence in the territory of Ukraine for the past five years

• (4) obtaining immigration permit

• (5) speaking the state language or understanding it to the extent sufficient for communication

• (6) existence of the legal livelihood

Each of these conditions has its own legal aspects.

How to determine if you are eligible for Ukrainian citizenship admission?

Beforehand, we recommend to understand whether a foreigner meets two important conditions:

• (3) continuous lawful residence in the territory of Ukraine for the past five years

• (4) obtaining immigration permit — this is the most important document and to obtain it, you have to go through different administrative procedure

So, meeting conditions (3) and (4) are the key.

Other conditions, namely (1), (2), (5) and (6) — is standard requirements to be admitted to almost any citizenship, therefore, such conditions can easily be met if a foreigner will agree to them.

Legal aspects of meeting six legislative conditions to be admitted to citizenship of Ukraine

(1) recognition of and compliance with the Constitution of Ukraine and the laws of Ukraine

• this is a purely declarative statement in the form of a written request, in which foreigner undertakes to recognize of and compliance with the Constitution of Ukraine and the laws of Ukraine

(2) submission of an obligation to terminate foreign citizenship

• as of this time the Constitution of Ukraine stipulates restriction for Ukrainian citizens to have only one citizenship — Ukrainian. Thus, if a foreigner acquiring Ukrainian citizenship, he/she must renounce from all other citizenships

• during submission of documents to obtain citizenship it is enough to submit simple declaration in which foreigner guarantees, that he/she undergoes procedure of exiting from citizenship of other countries

• it is important to know, that Ukrainian legislation strictly indicates necessity of undergoing procedure of exiting from other citizenships, and requires submission of official documents regarding exit from their citizenships during two years after obtaining Ukrainian citizenship

• foreigners being citizens (patrials) of multiple states shall submit an obligation to terminate these states’ citizenship (nationality)

(3) continuous Residence on the Territory of Ukraine for the past 5 years

• continuous Residence on the Territory of Ukraine — residence in Ukraine of a person, if his/her one-time trip abroad on private business did not exceed 90 days, and 180 days in total for a year

• only lawful residence on the territory of Ukraine counts (for example, having a residence permit is a lawful ground to reside (stay) in Ukraine)

• this requirement shall not apply to foreigners who have been married to a citizen of Ukraine for over two years, and to the foreigners who were married to a citizen of Ukraine for over two years and whose marriage has been terminated because of the latter’s death

(4) obtaining immigration permit

• immigration shall mean staying in Ukraine of foreigners with the purpose of the permanent residence

• for official immigration to Ukraine (registration of moving to Ukraine on permanent basis) it is mandatory to receive permit for immigration issued on the basis of Law Of Ukraine “On Immigration”

(5) speaking the state language or understanding it to the extent sufficient for communication

• it is required to receive certificate of Ukrainian language level. Such certificate issued by the National Commission for Standards of the State Language based upon results of examination

• examination consist of four parts: “Listening” and “Reading” (1 hour), “Writing” (40 minutes) and “Speaking” (20 minutes)

• here you can familiarize with key requirements to examination Ukrainian language, and here you can read relevant program of examination, and also here are described some of the key elements of undergoing such examination. Examples of tasks for examinations you will find here

• it is not mandatory to have excellent knowledge level of Ukrainian language, however it is required to have the ability to write at least 200–300 words, conduct small dialogues and understand at least the essence of the conversation. It is necessary to take Ukrainian language courses beforehand

• this requirement shall not apply to physically handicapped persons (blind, deaf, dumb)

(6) existence of the legal livelihood

• required to provide documents proving legal sources of financial security during the last six months at the time of submitting application for acquiring Ukrainian citizenship

• if a person submits a document on the financial security from their own savings, the amount of funds on a bank account must be at least 20 minimums cost of living per person (approximately $2000)

Is it necessary to renounce the current citizenship of another country to obtain Ukrainian citizenship?

Yes, all citizenships have to be revoked. It the condition (3). Besides that, it is stipulated I the Article 4 of the Constitution of Ukraine (in Ukraine, exists only one citizenship — Ukrainian). But there are some details to that.

During submission of documents and obtaining of Ukrainian citizenship it is enough for foreigner to provide a simple declaration in which foreigner guarantees, that he/she undergoes procedure of exiting from citizenships of another countries. Therefore, you will be able to receive Ukrainian citizenship even before, the foreigner exits from the citizenship of another country.

Which documents should be prepared for submission of application for acquiring Ukrainian citizenship?

It is necessary to prepare and submit:

1. an application for acquiring Ukrainian citizenship (in two samples);

2. valid passport for traveling abroad (and it`s translation);

3. a document, which proves lawful residence on the territory of Ukraine (usually, it is permanent residence permit in Ukraine);

4. a state fee payment receipt for administrative services regarding citizenship issuance (approximately $1);

5. three photos (size 35 x 45 мм);

6. an obligation to terminate foreign citizenship;

7. a document, which proves continuous lawful residence in the territory of Ukraine for the past five years (usually it is enough to provide passport for traveling abroad with stamps about Ukrainian border crossing);

8. a document, which proves obtaining of immigration permit to Ukraine

9. a document confirmation of acquiring state language skills on the level which is enough to communicate

10. a document, which proves availability of legal sources for financial security during submission of application for acquiring Ukrainian citizenship. If a person submits a document on the financial security from their own savings, the amount of funds on a bank account must be at least 20 minimums cost of living per person (approximately $2000).

Also, separately foreigner will need to provide:

1. a document issued by an authorized body of a foreign state which proves, that a person has not committed serious or particularly serious crimes (felony), crimes against humanity and has not committed genocide on the territory of a foreign state.

Statement and other documents on citizenship foreigner has to submit in person (presence of a lawyer is allowed).

On the first stage all prepared documents have to be submitted to Territorial Bodies of State Migration Service of Ukraine within a place of living of a foreigner.

From which moment foreigner acquire Ukrainian citizenship?

The date of acquiring Ukrainian citizenship is a date of issuance of a relevant Decree of the President of Ukraine, which is prepared by the Presidential Commission on Citizenship.

Usually, relevant Decree of the President of Ukraine is adopted at least once a year.

How the procedure is happening (briefly)

Firstly, all of the documents are submitted to State Migration Service of Ukraine (SMS), which examines completeness of such documents and starts additional checking of a foreigner.

Further, relevant commission of the SMS must draw up an opinion on the admission of a foreigner to the citizenship of Ukraine and send the documents to the Presidential Commission on Citizenship.

Next thing, the Presidential Commission on Citizenship decides whether to submit to the President of Ukraine a proposal to make proposal for the President of Ukraine regarding satisfaction of such applications and admission of a foreigner to Ukrainian citizenship and sends to the President of Ukraine a decision and a draft decree of the President of Ukraine on citizenship of Ukraine.

The President of Ukraine signs a relevant decree.