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Publication date: 20.02.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Quite often there are cases when a person who is a citizen of another state, but has Ukrainian roots, and because of this wishes not to sever ties with his homeland. The current legislation of Ukraine establishes the possibility for persons of Ukrainian origin, but citizens of other states, or stateless persons to obtain the status of a foreign Ukrainian. In general, a considerable role is played by the presence of Ukrainian ethnic origin, i.e. belonging to a certain person or his ancestors to the Ukrainian nation. Obtaining this status implies certain advantages, will endow persons who receive it with a certain amount of rights and responsibilities. Along with this, a fairly long and complicated procedure for acquiring the status has been established, and therefore the services of a lawyer may be recommended.
Analysis of the peculiarities of the status of a Ukrainian abroad:
Among the advantages that a person who has acquired the status of a Ukrainian abroad will receive are the following: free issuance of a multiple-entry visa for entering the territory of Ukraine, the right to work on the grounds and in the manner provided for citizens of Ukraine, the right to immigrate for permanent residence in Ukraine (if there is an appropriate permit), the right to study at Ukrainian universities at the expense of the state budget within quotas, etc. Therefore, this list of advantages concerns both social, linguistic, and cultural needs of Ukrainians abroad. Along with this, in order to acquire the status, compliance with the following conditions is necessary: Ukrainian national identity, Ukrainian origin, reaching the age of 16, and the absence of Ukrainian citizenship, as well as applying to the authorized bodies with the appropriate application. It is extremely important that a person who wishes to obtain this status can confirm his identity and ethnic origin with documents or testimonies. Actions by a person that contradict the national interests of Ukraine, or providing false data will entail consequences in the form of refusal to grant the desired status. As for the scope of rights that a foreign Ukrainian legally residing in Ukraine will have, it is similar to the scope of rights and responsibilities that citizens of Ukraine have (with some exceptions). The status is subject to termination in the following cases: a person submits an application; in case of acquisition of Ukrainian citizenship; if it is established that the person acquired the status by submitting false data, as well as if the person did not notify the Ministry of Foreign Affairs or a diplomatic institution about a change of surname, first name, place of residence or citizenship within 6 months.
Legal analysis of the procedure for obtaining the status:
1. The first step is to collect all the necessary documents, namely: the relevant application, identity documents, copies of those documents confirming Ukrainian origin, photos and a receipt for the payment of the certificate. The applicant can also add to his application the testimony of Ukrainians or other persons, in order to confirm his Ukrainian origin.
2. The collected documents are submitted to the Ministry of Foreign Affairs (if the applicant is in the territory of Ukraine), or to a diplomatic institution (if abroad). After 2 months, the submitted documents must be sent to the Commission, which is authorized to issue certificates.
3. Within 90 days, the Commission reviews the submitted documents and, based on the results of the review, makes a decision on issuing a certificate. The certificate will remain valid for 10 years with the possibility of re-registration.
Consultation of a migration lawyer in obtaining the status of a Ukrainian abroad:
Legal advice on migration issues may be needed at any of the above-described stages of the status obtaining procedure, as well as their legal advice on migration issues. Legal analysis of the situation, a balanced approach that will meet all the requirements of the law - this is what is guaranteed to increase effectiveness. A lawyer on migration consultation may also be necessary for the purpose of protecting the rights and interests of Ukrainians abroad, and even more so if it is a matter of filing a lawsuit with the court.
