We often receive inquiries about dual citizenship in Ukraine. As of August 2024, Ukraine still operates under a single citizenship policy, meaning that all foreigners who wish to acquire Ukrainian citizenship must first renounce their previous citizenship. However, Ukraine is on the path to enshrining the right of citizens to hold multiple citizenships. On August 7, 2024, President Zelenskyi once again submitted Bill No. 11469 to the Parliament, proposing amendments to certain laws of Ukraine to ensure the realization of the right to acquire and retain Ukrainian citizenship.
In this article, we will examine the provisions proposed in the new bill that would allow dual citizenship in Ukraine.
Permissible Cases of Dual Citizenship in Ukraine
Currently, citizens of not all countries will be able to take advantage of the benefits of dual citizenship in Ukraine.
The list of permitted combinations is clearly defined by the bill’s provisions:
- Simultaneous acquisition of Ukrainian citizenship by a child at birth and citizenship of another state or states.
- Acquisition of citizenship by a child who is a Ukrainian citizen and the citizenship of their adoptive parents.
- Automatic acquisition of another citizenship by a Ukrainian citizen as a result of marriage to a foreigner.
- Automatic acquisition of another citizenship by a Ukrainian citizen who has reached adulthood, provided that the Ukrainian citizen has not received a document confirming the possession of citizenship of another state.
- Acquisition of Ukrainian citizenship by foreigners who are citizens of countries included in the list of states whose citizens acquire Ukrainian citizenship under a simplified procedure (EU countries, G7, Norway, and Switzerland).
- Acquisition of citizenship by a Ukrainian citizen in the countries included in the list of states whose citizens acquire Ukrainian citizenship under a simplified procedure (EU countries, G7, Norway, and Switzerland).
- Multiple citizenships will not be recognized for individuals who are citizens of an aggressor state, an occupying state, or a state that does not recognize the territorial integrity and sovereignty of Ukraine or refuses to acknowledge the illegality of encroachments on Ukraine’s territorial integrity and sovereignty (Russia, Armenia, Belarus, Bolivia, Cuba, North Korea, Nicaragua, Sudan, Syria, Zimbabwe, Venezuela).
Special Conditions for Acquiring and Restoring Ukrainian Citizenship for Certain Categories of Foreigners (Dual Citizenship)
This will be an entirely new phenomenon for Ukrainian citizenship law, as previously citizens of all countries had the same requirements for acquiring or being accepted into Ukrainian citizenship:
- Citizens of EU countries, G7, Norway, and Switzerland can submit a declaration recognizing themselves as a Ukrainian citizen instead of an obligation to renounce their current citizenship. They will also have two years from the date of acquiring citizenship to pass exams on Ukrainian history, the Constitution of Ukraine, and the Ukrainian language proficiency.
- Foreigners who have served in the military or provided instructional (shooting, tactical, medical, radio engineering, explosive, and other) assistance to units of the Armed Forces of Ukraine or other military formations established according to Ukrainian law can submit a declaration renouncing foreign citizenship and recognizing themselves only as a Ukrainian citizen. They will also have two years from the date of acquiring citizenship to pass exams on Ukrainian history, the Constitution of Ukraine, and the Ukrainian language proficiency.
Clarification of the Conditions for Acquiring Ukrainian Citizenship by Birth, Territorial Origin, and Conditions for Acceptance into Ukrainian Citizenship
These changes aim to simplify the procedure for certain categories of individuals and to align the legislation with modern challenges:
- The grounds for acquiring citizenship are expanded for children born in Ukraine or abroad to foreigners, stateless persons who permanently reside in Ukraine, or persons granted asylum in Ukraine, provided that the child has not acquired citizenship of another state.
- A child born to a Ukrainian citizen and a stateless person is automatically considered a Ukrainian citizen without the need to obtain citizenship.
- The grounds for acquiring Ukrainian citizenship by territorial origin are abolished if the person, or at least one of their parents, or their grandparents, or their great-grandparents, or their siblings (full and half-siblings), son or daughter, grandson or granddaughter, permanently resided before August 24, 1991, in the territory that became Ukraine or other territories that at that time were part of the Ukrainian People’s Republic, Western Ukrainian People’s Republic, Ukrainian State, Ukrainian Socialist Soviet Republic, Transcarpathian Ukraine, Ukrainian Soviet Socialist Republic.
- The minimum marriage duration is increased to three years (currently two years) for foreigners married to a Ukrainian citizen who wish to be accepted into Ukrainian citizenship.
Revision of Grounds for Loss of Ukrainian Citizenship
It should be noted that deprivation of Ukrainian citizenship is impossible under any grounds other than the third, if it is the only citizenship, and if the person would become stateless as a result
- Voluntary acquisition of citizenship by a Ukrainian citizen from an aggressor state or occupying state or from a state not included in the list of states whose citizens acquire Ukrainian citizenship under a simplified procedure (EU countries, G7, Norway, and Switzerland), provided that at the time of such acquisition they were an adult.
- Use of a foreign passport document by an adult Ukrainian citizen on the territory of Ukraine, resulting in threats to national security and/or Ukraine’s national interests.
- Acceptance into Ukrainian citizenship as a result of providing false information, forged documents, or failure to meet the conditions for renouncing previous citizenship or passing exams.
- Establishment of the fact of military service under contract in a state recognized by the Verkhovna Rada of Ukraine as an aggressor state or occupying state.
- Entry into force of a guilty verdict by a court against individuals convicted in Ukraine for crimes against the foundations of Ukraine’s national security, crimes against peace, security of humanity, and international law, for committing a terrorist act, aiding a terrorist act, public calls for committing a terrorist act, creation of a terrorist group or organization, for financing terrorism, creation of a criminal organization, leadership of such an organization or its structural parts, creation of a criminal community, establishment or dissemination of criminal influence, aiding participants in criminal organizations and concealing their criminal activities.
- Participation in armed aggression against Ukraine as part of armed formations of an aggressor state or occupying state, or a state that is in armed conflict (war) with Ukraine, or aiding (supports) the commission of armed aggression against Ukraine.
Many people from Ukrainian diasporas in Canada, the USA, and other countries are awaiting the approval of dual citizenship in Ukraine, as this would allow them to become citizens of their historical homeland without losing their current citizenship. Learn more about acquiring Ukrainian citizenship by descent via this link.
If your grandparents or great-grandparents were born in Ukraine and you wish to obtain Ukrainian citizenship but are waiting for the approval of the dual citizenship provision, we advise you to start taking the first steps now. In most cases, documents confirming the birth of ancestors in Ukraine are already in the archives. In such cases, you should first submit requests and obtain copies of archival records, and then establish the fact of Ukrainian descent of the applicant through the court. This process usually takes 5-6 months. With a court decision confirming your Ukrainian descent, you will be able to obtain the right to permanent residence in Ukraine now, or wait for the approval of the dual citizenship provision, or first obtain permanent residency and then citizenship.
Conclusion
The bill on dual citizenship in Ukraine is of great importance to citizens, especially those with Ukrainian roots or ties to other countries. It will strengthen ties with the Ukrainian diaspora and allow citizens to retain the rights and privileges of multiple citizenships. This is a step towards recognizing the realities of the modern world, where citizens can have close ties to several countries simultaneously.
