Ukrainian citizenship on the basis of marriage
The topic of this article would be about obtaining Ukrainian citizenship by a foreigner or a stateless person, namely admission to citizenship. Everyone knows the general rule that enshrines consideration of an application for citizenship for no more than 12 months. In this article, we will analyze such a basis for obtaining citizenship as being married to a Ukrainian woman for more than 2 years.
Documents that must be submitted for admission to the citizenship of Ukraine:
- the application for admission to the citizenship of Ukraine (in two copies) is issued in the name of the President of Ukraine (paragraph 2 of the Application Procedure);
- three photographs (size 35 x 45 mm);
- declaration of statelessness
* a document in which a person reports the absence of foreign citizenship (citizenship) or citizenship (citizenship) with the justification of the reasons for such absence.
Either a declaration of renunciation of citizenship (if the legislation of the country to which such a person is subject provides for automatic termination, such person must not file a declaration of termination of citizenship (paragraph 45 of the Procedure)) or a declaration of change of citizenship (for foreigners who are citizens) states that have concluded an international agreement with Ukraine on the automatic termination of citizenship in case of acquisition of Ukrainian citizenship).
- a copy of the immigration permit (no legal act states that this copy must be notarized or otherwise)
- a document on knowledge or understanding of the state language (the Procedure states that this document can be issued by the head of the educational institution, the local executive body of Ukraine or local government executive body, but in practice, local executive bodies or local government executive bodies do not even know about their powers)
- a document on the availability of legal sources of subsistence (in simple words, a bank statement stating that your account has 12 subsistence minimums, as of April 16, 2021, it is UAH 27,240)
- a copy of the marriage certificate (no legal act contains information on whether the copy should be notarized) and the passport of the spouse who is a citizen of Ukraine.
The cost of citizenship is 8.5 hryvnias (0.5 of the non-taxable minimum income of citizens)
Bodies involved in the verification of documents and decision-making:
- State Migration Service;
- Commission under the President of Ukraine on Citizenship.
The first stage after the submission of documents is their verification, it is carried out by the State Migration Service. After verification of documents by the State Migration Service, the documents are sent to the Commission under the President of Ukraine on Citizenship, where they undergo a final verification, after which the Commission’s decisions are submitted to the President of Ukraine and a decision on Ukrainian citizenship is signed.
* p.89 of the Resolution states that in case of deficiencies the State Migration Service must return the documents within 2 weeks to correct the deficiencies, and the person must no later than 2 months from the date of receipt of documents, submit documents with corrected deficiencies to the LCA, otherwise, In this case, a decision will be made to terminate the proceedings on this application.
Refusal to accept Ukrainian citizenship
Refusal is possible if the person submitting the documents has committed:
- a crime against humanity or genocide;
- sentenced in Ukraine to imprisonment for committing a serious or especially serious crime (until repayment or removal of a criminal record);
- committed a serious or especially serious crime under the legislation of Ukraine on the territory of another state.
I would like to point out that the date of acquisition of Ukrainian citizenship in the cases provided for in this article is the date of issuance of the relevant Decree of the President of Ukraine.
According to the decision of the Poltava District Administrative Court of March 29, 2021, Case № 440/612/21, that the term of consideration of the application 12 months concerns the stage at which the Commission under the President of Ukraine on Citizenship which must within the period specified in 12 month. The main argument of the court is the existence of a provision on consideration of the application within 12 months in the section “Procedure for consideration of applications and submissions on citizenship by the Commission under the President of Ukraine on citizenship”.