Publication date: 15.07.2024
Obtaining Ukrainian citizenship by foreigners: legal aspects and procedure
Introduction
Obtaining Ukrainian citizenship by foreigners is an important procedure that opens up new opportunities and rights for them, and also requires compliance with certain legal norms and requirements. This article examines the main legal aspects and procedure for obtaining Ukrainian citizenship by foreigners, including the grounds for obtaining citizenship, the documents required, the stages of the procedure and the court practice in this area.
Legal framework
The legal framework governing the acquisition of Ukrainian citizenship by foreigners includes the Constitution of Ukraine, the Law of Ukraine "On Citizenship of Ukraine", Presidential Decrees, international treaties ratified by Ukraine, and by-laws. In accordance with these acts, Ukrainian citizenship may be acquired by birth, by territorial origin, as a result of admission to citizenship, restoration of citizenship, and on other grounds provided for by international treaties of Ukraine.
Grounds for acquiring citizenship
The Law of Ukraine "On Citizenship of Ukraine" provides for several grounds for acquisition of citizenship by foreigners:
Birth on the territory of Ukraine: Ukrainian citizenship is acquired automatically if a child is born on the territory of Ukraine to foreign parents permanently residing in Ukraine, or if a child is born on the territory of Ukraine to stateless persons.
Territorial origin: Citizenship of Ukraine may be granted to persons who have documentary evidence that they or their relatives up to the second degree of kinship were born or permanently resided in the territory that belongs to the present-day territory of Ukraine.
Admission to Ukrainian citizenship: Foreigners who have been legally residing in Ukraine for at least five years may apply for Ukrainian citizenship. For this purpose, a number of conditions must be met, such as knowledge of the Ukrainian language, compliance with the Constitution and laws of Ukraine, availability of legal sources of income, etc.
Renewal of citizenship: A person who used to be a citizen of Ukraine but has lost this citizenship may apply for restoration of citizenship.
The procedure for obtaining citizenship
The procedure for obtaining Ukrainian citizenship consists of several stages, each of which requires the submission of certain documents and compliance with the established requirements:
Preparation of documents: To apply for citizenship, an applicant must prepare a package of documents, including an application, a passport, a document confirming the legality of stay in Ukraine, documents confirming the availability of legal sources of income, a certificate of knowledge of the Ukrainian language, as well as other documents depending on the grounds for citizenship.
Submission of theapplication: An application for citizenship is submitted to the territorial body of the State Migration Service of Ukraine at the applicant's place of residence.
Consideration of the application: Upon submission of the application and all required documents, the territorial body of the State Migration Service begins the process of consideration of the application. This stage includes verification of the authenticity of the submitted documents, the applicant's compliance with the requirements of the law, and verification of the existence of grounds for refusal to grant citizenship.
Decision-making: Based on the results of the application review, the territorial body of the State Migration Service of Ukraine prepares a conclusion, which is submitted to the Commission under the President of Ukraine on Citizenship. The final decision on granting citizenship is made by the President of Ukraine on the basis of the conclusion of the Commission.
Taking the oath: After receiving a decision on granting citizenship, the applicant is obliged to take an oath of allegiance to Ukraine, which is the final stage of the citizenship procedure.
Court practice in the field of citizenship acquisition
Case law in the field of Ukrainian citizenship acquisition reflects various aspects of this procedure, including appeals against decisions to refuse to grant citizenship, verification of compliance with legal requirements, consideration of cases on the recognition of citizenship as invalid, etc. Here are some examples of court cases:
Appeal against refusal to grant citizenship: In this category of cases, applicants appeal against the decision of the State Migration Service or the Presidential Commission on Citizenship to refuse to grant citizenship. For example, the applicant may argue that the refusal was made without proper consideration of the submitted documents or in violation of procedural rules.
Verification of compliance with legal requirements: The court may consider cases concerning compliance with legal requirements during the citizenship procedure. For example, in cases where the applicant does not meet the requirements for the period of residence in Ukraine or knowledge of the Ukrainian language, the court may confirm the legitimacy of the refusal to grant citizenship.
Recognition of citizenship as invalid: In cases where it is found that citizenship was granted on the basis of false or fake documents, the court may recognise such citizenship as invalid. For example, in case of falsification of documents on territorial origin or legal sources of income, the court may decide to deprive the person of citizenship.
Conclusion.
Obtaining Ukrainian citizenship by foreigners is a complicated procedure that requires compliance with a number of legal rules and requirements. Ukrainian legislation provides for various grounds for acquiring Ukrainian citizenship, including birth in Ukraine, territorial origin, admission to citizenship, restoration of citizenship, etc. Court practice in this area plays an important role in ensuring compliance with the law and protecting the rights of applicants. Further improvement of the legislation and its application practice is essential to ensure an efficient and fair process of acquiring Ukrainian citizenship.
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