The legalization of multiple citizenship in Ukraine has become one of the most notable initiatives of the parliament in recent times. For the first time since the independence of our state, the Law of Ukraine “On Amendments to Certain Laws of Ukraine on Ensuring the Implementation of the Right to Acquire and Preserve Citizens”, which is popularly called simply – on multiple citizenship, was adopted and will enter into force in six months. It is aimed at recognizing the actual situation when millions of Ukrainians, especially those who found themselves abroad, received foreign passports without losing their connection with Ukraine. Officials hope that this law will create opportunities for the return of a large part of the millions of Ukrainians who fled the war and preserve their legal ties to their native country.
Lawyers from the “Repeshko and Partners” Bar Association provided expert comments on the key provisions of this law. They explained in detail in which cases the presence of another citizenship is recognized as legal for citizens of Ukraine, which of the foreigners can apply for Ukrainian citizenship in a simplified manner, which categories of persons do not have the right to multiple citizenship, as well as which circumstances are defined as grounds for losing Ukrainian citizenship.
Multiple citizenship (citizenship) is the simultaneous belonging of a person to the citizenship (citizenship) of two or more states. The presence of a citizen of Ukraine of citizenship (citizenship) of another state is recognized in the following cases:
1) simultaneous acquisition by the child of the citizenship of Ukraine and the citizenship (citizenship) of another state or states by birth;
2) acquisition by a child who is a citizen of Ukraine of the citizenship (citizenship) of his adoptive parents as a result of his adoption by foreigners;
3) automatic acquisition by a citizen of Ukraine of another citizenship (citizenship) as a result of marriage with a foreigner;
4) automatic acquisition by a citizen of Ukraine who has reached the age of majority of another citizenship (citizenship) as a result of the application of the legislation on the citizenship of a foreign state, if such a citizen of Ukraine has not received a document confirming that he has the citizenship (citizenship) of another state;
5) acquisition of Ukrainian citizenship in the simplified procedure provided for Article 10-1 of this Law, by foreigners who are citizens (subjects) of states whose citizens (subjects) acquire Ukrainian citizenship in a simplified manner;
6) acquisition by a citizen of Ukraine of citizenship (citizenship) of states whose citizens (subjects) acquire Ukrainian citizenship in a simplified manner.
This concerned the citizens of Ukraine. Now let’s consider what is related to foreign citizens. The law establishes a simplified procedure for the acquisition of Ukrainian citizenship and the renewal of Ukrainian citizenship by foreigners. By the way, the new changes provide for the following.
States whose citizens (subjects) acquire Ukrainian citizenship in a simplified manner are determined by the Cabinet of Ministers of Ukraine on the basis of the procedure approved by it. This list does not yet exist, but the law states that when determining the states whose citizens acquire Ukrainian citizenship in a simplified manner, the state’s membership in the European Union, the state’s use of restrictive measures (sanctions) in connection with armed aggression against Ukraine (these are countries such as the USA, Canada, and Australia) are taken into account. Therefore, even those compatriots who will currently receive citizenship in the specified countries will not lose Ukrainian citizenship accordingly.
It should be noted that persons who are citizens of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state or an occupying state, or who are citizens (citizens) of states whose citizens (subjects) cannot acquire Ukrainian citizenship, cannot have multiple citizenships under Ukrainian law. Along with the application for acquiring, accepting or renewing the citizenship of Ukraine, such a person submits an obligation to terminate the foreign citizenship of such countries and a declaration of recognition as a citizen of Ukraine. That is, citizens of the Russian Federation can claim to obtain Ukrainian citizenship, but only in case of relinquishment of Russian citizenship, and they are not subject to the provision of the law on the possibility of retaining one’s own citizenship and obtaining Ukrainian citizenship at the same time.
To acquire Ukrainian citizenship, citizens of countries from the relevant list must comply with all general conditions necessary for acquiring citizenship, including passing the relevant exams (without any delays).
The following categories of foreigners can acquire Ukrainian citizenship in a simplified manner:
1) recognized as a refugee or granted asylum in Ukraine;
2) who, in accordance with the procedure established by the legislation of Ukraine, performs military service under a contract in the Armed Forces of Ukraine, the State Special Transport Service, the National Guard of Ukraine, including who has been awarded a state award of Ukraine, or is one of the spouses of such a person, or is a child of such a person, or a child of one of the spouses, or one of the parents of the spouse;
3) who, in accordance with the procedure established by the legislation of Ukraine, performed military service under a contract in the Armed Forces of Ukraine, the State Special Transport Service or the National Guard of Ukraine, whose contract has been terminated (terminated), and who has been discharged from military service for certain reasons specified in the law, including who has been awarded a state award of Ukraine, or is one of the spouses of such a person, or is a child of such a person, or a child of one of the spouses, or one of the parents of the spouse;
4) who received a temporary residence permit on the basis of part the twentieth or the twenty-fourth Article 4 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons” or is one of the spouses of such a person, or is a child of such a person, or a child of one of the spouses, or one of the parents of the spouse;
5) who has significant merits for Ukraine or whose acceptance into Ukrainian citizenship is of state interest for Ukraine, or is one of the spouses of such a person, or the child of such a person, or the child of one of the spouses of such a person;
6) who is a citizen of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state or an occupying state, and has been persecuted in the country of his/her citizenship for political reasons, which is confirmed by a document provided for by this Law, or is one of the spouses of such a person, or a child of such a person, or a child of one of the spouses of such a person;
7) who is the second spouse of a person who, in accordance with the procedure established by the legislation of Ukraine, performed military service under a contract in the Armed Forces of Ukraine, the State Special Transport Service or the National Guard of Ukraine and died in the performance of official duties, or is the child of such a person, or the child of one of the spouses of such a person, or one of the parents of the spouse;
8) who is the second spouse of a citizen of Ukraine who, in accordance with the procedure established by the legislation of Ukraine, is serving in the Armed Forces of Ukraine, other military formations formed in accordance with the laws of Ukraine, and state bodies, or is a child of one of the spouses, or one of the parents of the spouse;
At the same time, persons who have significant merits for Ukraine or whose acceptance into Ukrainian citizenship is of state interest for Ukraine are foreigners and stateless persons whose activities are in the economic and humanitarian spheres, in particular in the spheres of education, science, culture, art, sports, social sphere and/or in the sphere of health care, state administration, in the spheres of national security and defense, fighting crime, protection of constitutional rights and freedoms of man and citizen, strengthening of Ukraine’s international authority, philanthropy and other important spheres of the public life of Ukraine, is the basis for the preparation by the central bodies of the executive power in the relevant field of a submission to the President of Ukraine that the acceptance of such persons to the citizenship of Ukraine is of state interest for Ukraine or such persons have significant merits for Ukraine.
It should be emphasized that the persecution of a person for political reasons means a violation of a person, a criminal case (opening of criminal proceedings), illegal detention, illegal arrest, illegal detention or otherwise illegal deprivation of personal freedom by law enforcement and/or judicial bodies of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state, an occupying state, committed in violation of the fundamental guarantees established by the Convention on the Protection of Human Rights and fundamental freedoms and the protocols to it, in connection with the implementation by such a person of activities aimed at expressing views, values, positions regarding the defense of the state sovereignty of Ukraine, its independence, territorial integrity and inviolability, the democratic constitutional system and other national interests of Ukraine.
It is important to know that a person cannot be admitted to the citizenship of Ukraine:
1) who has been convicted in Ukraine of committing a serious or particularly serious crime (before the conviction is expunged or expunged), taking into account the level of threat to the national security of the state;
2) who committed an act recognized by the Criminal Code of Ukraine as a serious or particularly serious crime on the territory of another state;
3) which by its illegal actions creates/created a threat to the national security of Ukraine in the sense of Law of Ukraine “On the national security of Ukraine”.
In addition, the law provides for the case when it may be unrealistic to personally submit documents to the state authorities of one’s country about renunciation of Russian or other citizenship, and therefore the law allows, instead of a certificate of this, to submit a declaration of renunciation of another citizenship and an application to recognize oneself as a citizen of Ukraine only. Declaration of renunciation of foreign citizenship and recognition of oneself only as a citizen of Ukraine – a document certifying a foreigner’s renunciation of citizenship (citizenship) of another state or citizenships (citizens) of other states submitted by a foreigner:
- who has been recognized as a refugee or who has been granted asylum in Ukraine;
- who, in accordance with the procedure established by the legislation of Ukraine, performs military service under a contract in the Armed Forces of Ukraine, the State Special Transport Service, the National Guard of Ukraine, including who has been awarded a state award of Ukraine, or is one of the spouses of such a person, or is a child of such a person, or a child of one of the spouses, or one of the parents of the spouse;
- who, in accordance with the procedure established by the legislation of Ukraine, performed military service under a contract in the Armed Forces of Ukraine and in other relevant formations, including who was awarded a state award of Ukraine, or is one of the spouses of such a person, or is a child of such a person, or a child of one of the spouses, or one of the parents of the spouse;
- who received a temporary residence permit on the basis of ch. 20 or Ch. 24 Article 4 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”, or is one of the spouses of such a person, or is a child of such a person, or a child of one of the spouses, or one of the parents of the spouse;
- who has significant merits for Ukraine or whose acceptance into Ukrainian citizenship is of state interest for Ukraine, or is one of the spouses of such a person, or the child of such a person, or the child of one of the spouses of such a person;
- who is a citizen of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state or an occupying state, and has suffered persecution in the country of his/her citizenship, which is confirmed by a document provided for by this Law, or is one of the spouses of such a person, or is a child of such a person, or a child of one of the spouses of such a person;
- who undertook to terminate foreign citizenship and in whom there are reasons independent of him for not receiving a document on termination of foreign citizenship (citizenship) or foreign citizenships (citizens) or is a child of such a person;
- who is a citizen of a state whose legislation provides for the automatic termination of a person’s citizenship (citizenship) of this state simultaneously with the acquisition of citizenship of another state, or is a child of such a person;
- who is the second spouse or one of the parents of the spouse, the child of a person or the child of one of the spouses of a person who, in accordance with the procedure established by the legislation of Ukraine, performed military service under a contract in the Armed Forces of Ukraine, the State Special Transport Service or the National Guard of Ukraine and died while performing official duties,
- who is the second spouse of a citizen of Ukraine who, in accordance with the procedure established by the legislation of Ukraine, is serving in the Armed Forces of Ukraine, other military formations formed in accordance with the laws of Ukraine, or is a child of one of the spouses, or one of the parents of the spouse;
It should be noted that grounds for loss of Ukrainian citizenship include, among other things:
- Voluntary acquisition by a citizen of Ukraine of the citizenship of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state or an occupying state, or citizenship (citizenship) of a state whose citizens (subjects) cannot acquire Ukrainian citizenship in a simplified manner, if at the time of such acquisition he has reached the age of majority.
- Establishing the fact of participation in armed aggression against Ukraine by a state recognized by the Verkhovna Rada of Ukraine as an aggressor state or an occupying state, or which is in an armed conflict with Ukraine or contributed (contributes) to the commission of armed aggression against Ukraine and/or participation in the occupation administration of the Russian Federation on the temporarily occupied territory of Ukraine.
At the same time, the citizenship of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state or an occupying state is not considered voluntarily acquired in the temporarily occupied territory of Ukraine, including if the acquisition of such citizenship required an application or petition for its acquisition in accordance with the procedure established by such a state, as well as in the case of acquisition by a citizen of Ukraine who was illegally deported from the temporarily occupied territory of Ukraine, citizenship of a state recognized by the Verkhovna Rada of Ukraine by an aggressor state or an occupying state, except when the actions of such a person are aimed at propaganda of war, public support of armed aggression against Ukraine or pose threats to national security and/or national interests of Ukraine in the sense Law of Ukraine “On the national security of Ukraine”.
As you can see, the adopted changes are aimed not only at the preservation of citizenship by Ukrainians, but also encourage foreigners to Ukrainian citizenship in every possible way, providing various benefits and incentives while trying to simplify the procedure for some categories.
