Citizenship plays a big role in human life. This is not just belonging to a particular country, but a stable relationship, consisting of rights and obligations. Is dual citizenship possible in Ukraine? Answers to this and some other questions will be provided in the article.
Contradictions
It is immediately worth noting that dual citizenship in Ukraine has long been a problem for many people. The reason for this is very simple - the imperfection of the Ukrainian legislative framework. There are still many controversial, and often even unresolved issues, due to which obtaining dual citizenship in the Ukrainian state remains a great difficulty.
So what are the contradictions? In short, the Ukrainian authorities consider dual citizenship illegal and unacceptable. This is a truly strange approach. It seemed that most of the advanced countries of the world were quite loyal to the acquisition of their second, third or tenth passports by their citizens . Ukraine, in turn, legislates a ban on the possibility of obtaining foreign citizenship as an additional one.
Legislation of Ukraine
The absence of the opportunity to obtain a second citizenship is evidenced by the following regulations:
- the constitution of Ukraine, namely its fourth article;
- article 2 of the Citizenship Act;
- Article 19 of the Law on Citizenship, which regulates the loss of membership in Ukraine in the event of full residence and work in another country.
And at the same time, the mentioned law states that obtaining a passport of a foreign state is not a reason for depriving a citizen of citizenship (which implies many rights and obligations). It is difficult to understand how exactly membership differs from citizenship, and why the loss of one does not entail the loss of the other. Most likely, the Ukrainian authorities can take away the passport.
It is very important to say only one thing: the entire system existing in Ukraine requires serious revision. The ban on dual citizenship in Ukraine should either be lifted, or at least somewhat simplified. So, it is worth paying attention to the procedure for imposing fines and penalties for concealing the fact of obtaining a foreign passport.
The problem on the border with Russia
Dual citizenship in Ukraine, although prohibited, but in some cases is regulated by special agreements. Currently, there are only two such agreements: with Tajikistan and Turkmenistan. Children born in a family with dual citizenship have full rights to Ukrainian citizenship. The conclusion can be drawn as follows: the punishment for dual citizenship in Ukraine will follow only if it is inconsistent. The permission of the relevant authorities will help to reach an agreement established in advance.
At the moment, Ukrainians have a number of reasons why they want to get a Russian passport. These are economic difficulties, low salaries, and problems with employment. Despite the fact that dual citizenship is prohibited in Ukraine, many people still try to find loopholes in the law and outwit the current government. What options are worth highlighting here?
Russia and Ukraine: how to get settled in two countries at once?
It's no secret that a large number of Ukrainian citizens often go to the Russian Federation to earn money. Moreover, this can be done quite legally: it is enough to draw up an employment contract with a partner from another country, to obtain a patent, residence permit and some other documents. However, it will not work for a long time: the maximum period, as a rule, is 90 days. Otherwise, the Ukrainian authorities will simply take away the passport.
The second option is even more radical. It is about getting a permanent residence in Russia. However, such actions will lead, as you know, to not the best consequences: the Ukrainian will lose his internal passport and will be fined a decent amount.
Obtaining Ukrainian citizenship
Some citizens may have a difficult question: will it be possible to restore their Ukrainian citizenship, while having citizenship of the Russian Federation? The scheme, I must say, is not simple. The thing is that Russia and Ukraine did not conclude a corresponding international agreement between themselves. And therefore, to become a citizen of Ukraine, being a native of the Russian Federation, will work out only if you refuse a Russian passport. The same goes for the reverse situation.
In addition, in 2017, the Ukrainian authorities started talking seriously about introducing a visa regime with Russia. If an appropriate decision is made, it is possible that to cross the border you will have to issue a passport. Naturally, this will further complicate the situation.
Obtaining dual citizenship by Russians
Russian law provides for dual citizenship. But Ukrainian laws openly contradict Russian ones. The main difficulty in obtaining a passport of a neighboring country will be the preservation of the Russian passport. Most likely, the Ukrainian authorities will demand to abandon it.
In the Ukrainian state there is a simplified scheme for obtaining citizenship for certain categories of people. So, if a Russian filed was born on Ukrainian territory, has close relatives in a neighboring country, or has lived in the Ukrainian SSR for a long time, then he should contact the Ukrainian embassy or directly to the Ukrainian FMS. In these instances, the Russians will surely be helped to draw up all the necessary papers.
And yet, is it possible to have dual citizenship in Ukraine? Is there really no working way to get a second passport? One option is nevertheless available, which is often used by Ukrainians themselves. The only question is how long this method will work.
The main way to obtain dual citizenship
The Ukrainian must prepare all the necessary documentation for submission to the local office for migration management (FMS). The management also receives a completed written application for withdrawal from citizenship of Ukraine. The application must be completed by a notary public and divided into several copies. Then the written application is sent to the consulate. To many, this kind of action will seem a little creepy, but there’s nothing to be afraid of. The procedure for renouncing citizenship looks different.
The following is a permanent residence in the Russian Federation. An internal Ukrainian passport is handed over, only a passport with the necessary mark remains on hand. The FMS has no right to take away the Ukrainian passport. As a result, in Ukraine, a citizen retains all the same rights and obligations. A person only loses a passport. In Russia, the Ukrainian has full citizenship.
Can this method be considered legal? Yes and no. It is rather a legal loophole with a huge amount of risks. Which ones? This will be described later.
About liability
Often, applicants for Russian citizenship can be severely punished for wanting dual citizenship in Ukraine. Responsibility can be expressed in a variety of ways. Fortunately, the Ukrainian authorities so far cannot boast of an official document that strictly regulates penalties for obtaining a second passport.
Nevertheless, the courts can do the following:
- to deprive the passport;
- fine (and the amount of the fine can be very, very decent);
- significantly restrict the rights.
Separately, it is worth highlighting the issue of marriages. A spouse with Ukrainian citizenship can take Russian citizenship. The deprivation of the first citizenship will be unlawful. What does this mean? Everything is very simple: marriage is the only legal way to retain both citizenships at the same time.
Will there be changes in Ukrainian legislation?
Will a law on dual citizenship in Ukraine be adopted shortly? The question is very difficult. On the one hand, deputies of the Verkhovna Rada periodically touch upon this topic. And you can’t say that to no avail. So, in 2017, Ukraine was able to achieve a visa-free regime with European countries. It is possible that in the next couple of years a new law will be enacted, fixing the possibility of obtaining additional citizenship. The only question is what place the Russian Federation will occupy in this law. On the one hand, this is the most “desirable” country for many citizens of Ukraine. On the other hand, the strained relations between the Russian Federation and Ukraine may become a possible obstacle to the law on dual citizenship. Simply put, if the Ukrainians will be able to obtain additional citizenship, it is unlikely in Russia.