Requests for renouncing Ukrainian citizenship have increased since the beginning of 2023 against the backdrop of the second year of Russia’s invasion of Ukraine. In 2024, the number of requests to renounce Ukrainian citizenship reached a new high in anticipation of the tightening of mobilization legislation. Some Ukrainian citizens expressed a desire to sever their legal ties with the country. Each person has their own reasons, but most commonly, it is either the unwillingness to be subject to mobilization or a lack of support for the country’s political leadership. Whatever the reasons and motives, we are not entitled to judge anyone, as according to Article 1 of the Constitution of Ukraine, Ukraine is a democratic, social, and legal state.
How to Renounce Ukrainian Citizenship?
The right to renounce citizenship is regulated by the Law of Ukraine “On Ukrainian Citizenship,” specifically in Section III “Termination of Ukrainian Citizenship.” Article 17 provides grounds for renouncing Ukrainian citizenship:
- As a result of renouncing Ukrainian citizenship.
- As a result of losing Ukrainian citizenship.
- Based on provisions stipulated in international treaties. Each ground specifies specific situations and exceptions when a person can sever their legal ties with Ukraine. Let’s consider them in more detail.
Renouncing Ukrainian Citizenship
Renouncing Ukrainian citizenship is the most common way to terminate citizenship. Citizens permanently residing abroad can use this method. It is important to understand what the law considers “permanent residence abroad.” Ukrainian citizens permanently residing abroad are those who officially emigrated from Ukraine for permanent residency, meaning they have undergone a special procedure and have the corresponding stamp in their passport. Additionally, the right to permanent residence abroad can only arise with lawful grounds for residing in another country. This requires obtaining a visa, residency permit, or even citizenship of another country. Please note that renouncing Ukrainian citizenship is only possible if you already have the citizenship of another country or possess an official document issued by another country confirming that you will acquire its citizenship upon renouncing Ukrainian citizenship. In other words, to renounce citizenship, you must already have the passport of another country. This principle prevents cases of statelessness, as stipulated in paragraph 2 of Article 2 of the Law “On Ukrainian Citizenship.”
You can quickly obtain another country’s passport through repatriation to Israel with Jewish roots (taking only a few weeks) or through investments of at least $100,000 in Caribbean island nations. Another option is obtaining Maltese citizenship through investment in the country’s economy (expensive but an excellent option).
The law specifies that individuals against whom criminal proceedings are open or who have a final, effective criminal conviction cannot renounce citizenship. The date of renouncing Ukrainian citizenship is considered the date of issuance of the corresponding decree by the President of Ukraine.
Loss of Ukrainian Citizenship
The grounds for losing Ukrainian citizenship include:
- Voluntarily acquiring the citizenship of another country if the person has reached the age of 18 at the time of acquiring citizenship. In this case, voluntary acquisition of citizenship includes all cases where a Ukrainian citizen was required to submit an application to acquire citizenship under the legislation of the respective country.
- Acquiring Ukrainian citizenship based on Article 9 (naturalization) of the Law “On Ukrainian Citizenship” as a result of deception, intentional provision of false information or forged documents, including failure to fulfill obligations to renounce foreign citizenship, obligations to take exams on the fundamentals of the Constitution of Ukraine, the history of Ukraine, and proficiency in the state language.
- Voluntarily entering military service in another state that, according to the legislation of that state, is not a military duty or alternative (non-military) service. However, the following situations are not grounds for losing citizenship: a) Simultaneous acquisition of Ukrainian citizenship and the citizenship of another state or states by a child at birth. b) A child, who is a citizen of Ukraine, acquiring the citizenship of their adoptive parents due to their adoption by foreigners. c) Automatic acquisition by a citizen of Ukraine of another citizenship as a result of marrying a foreigner Similar to renouncing citizenship, individuals against whom criminal proceedings are open or who have a final, effective criminal conviction cannot lose citizenship. The official date of losing Ukrainian citizenship is considered the date of issuance of the decree by the President of Ukraine.
Real Situation
Analyzing publicly available statistical information from the Migration Service of Ukraine, one can conclude that renouncing Ukrainian citizenship is practically impossible. In 2023, only 14 individuals lost Ukrainian citizenship, likely due to political motives. For a country of 40 million, this number is extremely small. It is clear that during an armed conflict, no country would be interested in losing its citizens. On the other hand, the question remains about how legal these barriers are.
What to Do?
In practice, renouncing Ukrainian citizenship during a war seems impossible. However, if you plan to reside in another country and possibly obtain another country’s passport in the future, many options remain open. In some countries, you can apply for a temporary residence permit, which can be converted into permanent residency and then citizenship after a few years. Please note that obtaining temporary protection does not guarantee such rights. Some options allow for quick citizenship acquisition, such as repatriation or citizenship-by-investment programs. You can explore available options on our website [link].
If you wish to receive consultation and process documents for residence in another country, feel free to contact us. We will be happy to assist you!
