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Exams on the fundamentals of the Constitution and the history of Ukraine for naturalization: the situation as of February 2024

Exams on the fundamentals of the Constitution and the history of Ukraine for naturalization

In April 2023, President Zelensky signed Law No. 2996-IX “On Amending the Laws of Ukraine “On Citizenship of Ukraine” and “On Ensuring the Functioning of the Ukrainian Language as a State Language” regarding the conditions for naturalization in Ukraine”.

The law entered into force on October 27, 2023. Therefore, from this date, all foreigners who submit documents for naturalization in Ukraine in accordance with Article 9 of the Law of Ukraine “On Citizenship” must also submit documents for taking exams:

  • to determine the level of proficiency in the state language;
  • on the fundamentals of the Constitution of Ukraine;
  • on the history of Ukraine.

The Ukrainian language exam is not a new requirement, and the procedure for taking it is known. This responsibility falls under the National Commission for State Language Standards.

However, regarding the newly introduced exams on the fundamentals of the Constitution and the history of Ukraine, there are many questions. The Draft Procedure, which is supposed to regulate everything, is still under development and discussion in the Ministry of Education and Science. That is, at present, the requirement to take exams for naturalization exists, and it has been in effect for almost 4 months, but there is no physical opportunity to take these exams because the Procedure has not yet been adopted.

Territorial units of the State Migration Service, when applying, report that due to this uncertainty, they have temporarily suspended the acceptance of documents for naturalization in Ukraine under Article 9.

Let us remind you who can be admitted to citizenship under this article:
  • foreigners who have legally resided continuously in Ukraine for 5 years;
  • foreigners who have been married to a Ukrainian citizen for more than 2 years and have obtained permission for immigration;
  • refugees, persons granted asylum, and stateless persons who have resided in Ukraine for the last 3 years from the moment of entry or from the moment of obtaining the relevant status;
  • foreigners and stateless persons who, in accordance with the legislation of Ukraine, serve in the Armed Forces of Ukraine, the State Special Transport Service, or the National Guard of Ukraine under a contract – 3 years of continuous residence in Ukraine from the moment of concluding the contract;
  • foreigners and stateless persons whose naturalization is of state interest, servicemen awarded a state award, foreigners with other significant merits to Ukraine, and those who assisted in repelling the armed aggression of the Russian Federation.

We will closely monitor the latest news and will definitely inform you as soon as the issue of taking exams on the fundamentals of the Constitution and the history of Ukraine is resolved.

If you have Ukrainian roots, you can already apply for citizenship. Contact us now, and we will be happy to assist you!

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Our team is a cohesive collective of highly skilled lawyers with years of experience in the field of law. We embarked on our journey with a focus on migration and corporate law, and have evolved by expanding our practice to include investment law, IT law, and intellectual property law. Our mission is to assist foreigners and Ukrainian citizens in navigating complex legal procedures with ease and providing a high level of service to ensure client satisfaction.

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