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Publication date: 23.05.2024
lawyer, 23 years of experience in enforcement.
Procedure for admission to Ukrainian citizenship
According to Art. 9 of the Law of Ukraine "On the Citizenship of Ukraine" a foreigner or a stateless person can be admitted to the citizenship of Ukraine at their request.
To acquire citizenship, a person submits an application in the form in accordance with the Order of the Ministry of Internal Affairs No. 715, together with the documents established by clause 45 of the Procedure for Proceedings on Applications and Submissions on Ukrainian Citizenship and Implementation of Decisions.
According to paragraph 98, 106 of the procedure, in certain cases, the application is also submitted to diplomatic or consular institutions of Ukraine.
According to Art. 24 of the Law, the State Migration Service exercises authority to make decisions on the registration of the acquisition of Ukrainian citizenship for persons on all grounds, except as established in Clause 3 of Art. 6 of the Law.
In this case, the authority to register a person's acquisition of citizenship is exercised by the Commission under the President of Ukraine on citizenship issues, and the decision itself is taken by the President of Ukraine.
The territorial unit of the State Migration Service of Ukraine, to which the documents regarding the acceptance of a person to the citizenship of Ukraine are submitted, checks the compliance of the submitted documents with the requirements of the legislation of Ukraine.
In accordance with Clause 101 of the Procedure for Proceedings on Applications and Submissions on Citizenship of Ukraine and Implementation of Decisions, if during the inspection it is established that the documents submitted by the applicant are not completed in accordance with the requirements of Ukrainian legislation, the territorial division of the State Migration Service of Ukraine no later than after 2 weeks from the date of receipt of the documents, returns them to the applicant to eliminate deficiencies. The deadline for eliminating deficiencies is 2 months from the day the documents are returned to the applicant. After the expiration of this period, if the shortcomings have not been eliminated, the head of the territorial unit of the State Migration Service makes a decision to terminate the proceedings in this case.
The duly executed documents submitted by the applicant are sent to the territorial body of the State Migration Service of Ukraine no later than 2 weeks after their receipt (clause 101 of the Procedure).
According to clause 102 of the Procedure, the territorial body of the State Migration Service of Ukraine checks the compliance of the documents with the requirements of the Ukrainian legislation and their confirmation of the existence of facts with which the law links the possibility of accepting a person to the citizenship of Ukraine.
According to clause 102 of the Procedure, if during the inspection it is established that the documents submitted by the applicant are not executed in accordance with the requirements of the law, the specified documents are returned to the territorial division of the State Migration Service, which returns them to the applicant within a period of up to 1 week to eliminate the deficiencies. If the deficiencies have not been eliminated within 2 months from the date of receipt of the documents by the applicant, the head of the territorial division of the State Migration Service makes a decision to terminate the proceedings on this application.
If, during the inspection, it is established that the documents submitted by the applicant do not confirm the fulfillment of the conditions for admission to the citizenship of Ukraine, and also grounds are found, in the presence of which admission to the citizenship of Ukraine is not allowed, a conclusion is prepared that there are no grounds to satisfy the applicant's request and no later than It is sent to the State Migration Service for 3 months (paragraph 102 of the Procedure).
In accordance with clause 102 of the Procedure, the territorial body of the State Migration Service sends submitted documents to the bodies of the Security Service of Ukraine and the Ministry of Internal Affairs, which, within the limits of their competence, carry out further verification. The relevant bodies notify the territorial body of the State Migration Service about the results of the inspection within a period of no more than 2 months.
According to Clause 102 of the Procedure, if the documents are properly executed and confirm the fulfillment of the conditions for admission to the citizenship of Ukraine, and there are no grounds on which admission to the citizenship of Ukraine is not allowed, the territorial body of the State Migration Service prepares a conclusion on the possibility of satisfying the applicant's request and within the time limit more than 3 months from the date of receipt of the documents, sends this conclusion, together with other documents, to the State Migration Service.
In accordance with clause 103 of the Procedure, the State Migration Service checks the compliance of the submitted documents with the requirements of Ukrainian legislation, documents confirming the fulfillment of the conditions for acceptance into Ukrainian citizenship, the absence of grounds, in the presence of which acceptance into Ukrainian citizenship is not allowed.
According to clause 105 of the Procedure, the total period of consideration by the State Migration Service, its territorial bodies and subdivisions of applications and submissions on citizenship issues, on which decisions are taken by the President of Ukraine, should not exceed 8 months. (6 months for children, refugees and stateless persons).
ТекстPursuant to clause 103 of the Procedure, if during the inspection it is established that the documents submitted by the applicant are not properly executed, they shall, no later than within 1 month, be returned through the territorial body of the State Migration Service to the territorial division of the State Migration Service, and then are sent to the applicant. The deadline for eliminating deficiencies is 2 months. If the applicant does not eliminate the relevant deficiencies within the prescribed period, the head of the territorial division of the State Migration Service makes a decision to terminate the proceedings in the case.
Clause 103 of the Procedure states that if, during the inspection, it is established that the documents submitted by the applicant do not confirm the fulfillment of the conditions for acceptance into Ukrainian citizenship, as well as grounds are found, in the presence of which acceptance into Ukrainian citizenship is not allowed, the State Migration Service will terminate the proceedings in this case , about which, through the territorial division of the State Migration Service, no later than within 1 week, the applicant is informed.
If the documents are duly executed and confirm the fulfillment of the conditions for acceptance into Ukrainian citizenship, and there are no grounds for which acceptance into Ukrainian citizenship is not allowed, the State Migration Service approves the conclusion of the territorial body of the State Migration Service and sends it, together with the submitted documents, to the Commission under the President of Ukraine on citizenship issues (clause 103 of the Procedure).
In accordance with clause 110 of the Procedure, the relevant structural unit of the Office of the President of Ukraine carries out the preliminary processing and preparation of materials on Ukrainian citizenship for consideration by the Commission under the President of Ukraine on Citizenship.
Clause 111 of the Procedure establishes that the Commission under the President of Ukraine checks the compliance of the submitted documents with the requirements of Ukrainian legislation, documents confirming the fulfillment of the conditions for the acceptance of a person to the citizenship of Ukraine, the absence of grounds, in the presence of which the acceptance of a person to the citizenship of Ukraine is not allowed.
If, during the preliminary processing and consideration of the materials, it is established that the documents submitted by the applicant on acceptance of citizenship of Ukraine, approved by the State Migration Service or the Ministry of Foreign Affairs of Ukraine, are not drawn up in accordance with the requirements of the legislation and international treaties of Ukraine on citizenship issues, such applications, submissions and documents will be returned by the relevant structural subdivision of the Office of the President of Ukraine in accordance with the State Migration Service or the Ministry of Foreign Affairs of Ukraine for finalization and elimination of deficiencies (clause 110 of the Procedure).
Clause 111 of the Procedure establishes that if the Commission decides that there are no grounds for the President to accept applications for citizenship of Ukraine, the Commission returns the specified materials to the State Migration Service or the Ministry of Foreign Affairs of Ukraine together with a copy of such decision.
According to clause 111 of the Procedure, based on the results of the review, the Commission makes a decision to submit proposals to the President regarding the satisfaction of applications for acceptance into Ukrainian citizenship.
According to Clause 113 of the Procedure, the President of Ukraine makes the decision to accept a person as a citizen of Ukraine.
Clause 114 of the Procedure establishes that the Presidential decree on accepting a person as a citizen of Ukraine is sent to the State Migration Service and the Ministry of Foreign Affairs of Ukraine, as well as the Central Election Commission.
The State Migration Service sends notices of decisions made by the President through the territorial body of the State Migration Service to the territorial division of the State Migration Service at the place of residence of the persons in respect of whom the decision was made (clause 115 of the Procedure).
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