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Ukrainian citizenship

The question of granting of citizenship of Ukraine is adjusted by the Law № 2235-III from January 18, 2001 «About citizenship of Ukraine».

A Ukrainian citizenship may be acquired by granting the citizenship of Ukraine.

In order to obtain citizenship on the basis of the above reasons the person shall:

- recognize and observe the Constitution of Ukraine and the laws of Ukraine;

- undertake to terminate foreign citizenship or not to have foreign citizenship;

- live on legal basis on the territory of Ukraine during the last five years;

- obtain permit to permanent residence in Ukraine;

- speak state language or understand it in volume sufficient for communication;

- have legal sources of existence.

Shall not be the citizen of Ukraine the person who:

1) commuted crime against humanity or genocide;

2) is convicted in Ukraine to deprivation of liberty for grave crime (until serving of convictions);

3) committed on the territory of other state the act which is recognized as grave crime by the legislation of Ukraine.

A specially authorized central body of executive power on citizenship issues and bodies subordinate thereof shall accept from the persons applications together with other documents related to obtaining and withdrawal of the citizenship of Ukraine, verify their accuracy and together with their conclusion shall send them to consideration of the Commission for citizenship issues at the President of Ukraine. The Commission shall consider applications of the persons about their acceptance to the citizenship of Ukraine, withdrawal of the citizenship of Ukraine and submission about loss of the citizenship of Ukraine and submit suggestions to the President of Ukraine regarding satisfaction of these applications and submissions. Having obtained these proposals the President of Ukraine shall make decision and issue decrees on acceptance of a person to the citizenship of Ukraine and termination of the citizenship of Ukraine.

Decision about becoming a citizen of Ukraine shall be cancelled, if the person obtained it by deceit, due to presenting deliberately false information or documents, concealment of any significant fact at presence of which the person cannot obtain the citizenship of Ukraine.

The question of granting of resident permit of Ukraine is adjusted by the Law № 2291-III from June 07, 2001 «On immigration».

According to the Law of Ukraine “On immigration”, immigration is arrival in Ukraine according to the set by the Law procedure, of foreigners for permanent residence. Immigrant is a foreigner who obtained immigration permit and arrived in Ukraine for permanent residence, or, while staying in Ukraine on legal grounds obtained immigration permit and remained in Ukraine for permanent residence.

Immigration permit over the immigration quota is granted to one of the married couple provided that the other one to whom s/he is married for over than two years is the citizen of Ukraine.

Applications for granting immigration permit are submitted by:

• the persons who permanently reside outside Ukraine - to the diplomatic representations and consular posts of Ukraine abroad at the place of their permanent residence;

• the persons who stay in Ukraine on legal basis - to the bodies of the specially authorized central body of executive power on immigration issues at the place of their residence.

The Law prohibits granting immigration permit to:

- the persons condemned to deprivation of liberty for the term exceeding one year for commitment of offence that is considered as crime according to the laws of Ukraine provided that conviction has not been spent or lifted;

- the persons who committed crime against peace, military crime or crime against humaneness and humanity as per international law, or those searched for due to commitment of offence that is recognized as a grave crime according to the laws of Ukraine, as well as those as regards to whom criminal case is initiated provided that preliminary investigation of the case has not been finished;

- the persons ill with chronic alcoholism, toxicomania, drug-taking or infectious diseases the list of which is defined by the central body of executive power on healthcare;

- the persons who wrote deliberately unreliable information in the application for residence permit or submitted faked-up documents;

- the persons who cannot arrive in Ukraine legally;

- in other cases envisaged by the laws of Ukraine.

The diplomatic representation or the consular post of Ukraine shall register immigration visa upon application of the person who permanently resides outside Ukraine and obtained immigration permit. Such visa shall be valid for one year starting from the day of its registration. After the immigrant's arrival in Ukraine s/he shall apply within five working days to the specially authorized central body of executive power on immigration issues at the place of residence with the application for issue of the certificate for permanent residence. The application shall be supplemented with the copy of the applicant's passport document with inserted immigration visa and the copy of decision about granting immigration permit. The specially authorized central body of executive power on immigration issues shall issue the certificate for permanent residence to the immigrant within a week starting from the day of acceptance of the application.

Karina Duvall
Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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