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LEGAL SERVICES

	QUESTIONS AND ANSWERS REGARDING CITIZENSHIP

How to become an Ukrainian citizen?

Citizenship of Ukraine is a legal connection between Ukraine and a physical person embodied in mutual rights and obligations. The Ukrainian Law on Ukrainian Citizenship of January 18^th of 2001 and the Presidential Decree # 215 of March 27^th of 2001 are the main normative acts on citizenship.

According to the Ukrainian Law on Ukrainian Citizenship Ukrainian citizenship is acquired:

By birth
By territorial origin.
By being granted Ukrainian citizenship.
By resuming Ukrainian citizenship.
By being adopted.
By becoming a guardian or a trustee of an Ukrainian child.
By introducing guardianship of a person admitted incapable in court.
By one or two parents of a child being Ukrainian citizens.
By confirming the fact of parentage.
On other grounds stipulated by international treaties of Ukraine. As of today these are bilateral agreements of Ukraine on simplified procedure of citizenship change with the republics if Belarus, Kazakhstan, Tadzhikistan and Kirghizia.

Departments and the regional head departments of the Ministry of Internal Affairs of Ukraine shall adopt a decision on granting Ukrainian citizenship within 3 months. It is the President of Ukraine who takes decisions on granting Ukrainian citizenship. In general consideration of an application for citizenship usually takes 1 year.

How to register at a place of residence?

An Ukrainian citizen, a foreigner or a stateless individual legally staying in Ukraine shall register at a new place of residence within ten days.

To be registered an individual shall submit:

Written application. Children of the age from 15 to 18 shall submit their applications personally. Should an individual fail to address an authorized body, registration can take place by proxy attested according to the established procedure.
Passport document. If a child is under 16 years old, there should be submitted a birth certificate or a Ukrainian citizenship certificate. A foreigner or a stateless individual shall additionally submit a permanent or temporary residence card.
A state duty receipt or an exemption document.
Two copies of a deregistration certificate.

How to deregister at a place of residence?

Deregistration procedure takes place within seven days on the grounds of an application from an individual, inquiry of a registration body at a new place of residence, final judgment of a court (misappropriation or deprivation of living premises, deeming of a citizen missing or dead), and death certificate. Children of the age from 15 to 18 shall submit applications personally.

How to have a passport of a Ukrainian citizen issued?

According to the Provision on a Passport of an Ukrainian citizen set forth by the resolution # 3423-XII of September 3rd of 1993:

any Ukrainian citizen is issued a passport of an Ukrainian citizen after reaching 16 years of age;
a passport is issued and changed to a citizen within a month at an address of residence;
new photos are stuck in a passport after reaching 25 and 45 years of age;
to receive, to exchange a passport, or to have new photos stuck in it a citizen shall submit documents and photos within a month after reaching proper age, changing a first, middle or last name, finding discrepancies in notes or finding it unsuitable for use.

To have a passport issued one has to submit the following documents:

application for a passport (to be filled out personally);
birth certificate;
two photographs of 3,5 х 4,5 cm size;
a receipt of having paid a state duty or an original/copy of a tax-exempting document.

Additional documents (if required):

certificate of registration as an Ukrainian citizen;
certificate of return to Ukraine for long;
certificate of release from a penitentiary institution;
certificate of registration at a corresponding social institution (for homeless people).

How to have a passport re-issued instead of the lost or a stolen one?

Any Ukrainian citizen is supposed to thoroughly keep his or her passport. Should it be lost, a citizen shall immediately inform passport service on that (item 19 of the Provisions on Passport of an Ukrainian citizen approved by the resolution # 3423-XII of Verkhovna Rada (the Supreme Council) of Ukraine of September 2ns of 1993).

The list of documents required to have a passport reissued instead of the lost or stolen:

statement of having one's passport lost or stolen making known a place, time and circumstances under which it was lost or stolen;
an application for a passport of the established sample;
three photographs of the 3,5 х 4,5 cm size;
a birth certificate and a marriage certificate (if available);
a receipt of having paid a state duty or an original/copy of a tax-exempting document;
documents entitling to have notes about children and make any payments without one's identification code (if available);
certificate of violation or refusal to initiate a criminal case after citizens' addressing internal affairs organs as far as a stolen passport is concerned.

How to change one's passport?

A passport can be changed only in the following cases:

by getting a new name, middle name or family name;
by finding discrepancies in passport data;
by finding a passport unsuitable for use;

To change a passport an individual shall submit:

application;
passport to be changed;
two photographs of the 3,5х4,5 centimeters size;
a receipt of having paid a state duty or an original/copy of a tax-exempting document;
documents confirming conditions under which a passport is subject to change.

What is a new sample of a passport for travelling abroad is like?

There has been a common tendency recently underway to strengthen law enforcement component of migration policy and introduce biometrical identification of foreign passports owners.

Accounting for Ukrainian Eurointegration attempts Verkhovna Rada (the Supreme Council) of Ukraine resolution # 719-V of February 23 set forth Provisions on Passports for Traveling Abroad of a New Sample meeting International Requirements.

To practically implement the given document the Cabinet of Ministers of Ukraine adopted its Resolution # 858 of June 26 of 2007 on approving requirements specifications of the sample of Ukrainian passports for traveling abroad and amendments introduced into some acts by the Cabinet of Ministers of Ukraine.

The resolution set a new sample of a foreign passport complying to the requirements of the International Civil Aviation Organization (ICAO) as well as the procedure of centralized processing and issuing new documents.

According to the new standards a passport for traveling abroad has a blue cover, having 25 degrees of protection. In particular, the page with laser-printed information on an owner is made up of multi-layer polycarbonate coated for protection. Inner pages of the document have background national graphic patterns reproduced with the help of ornaments and heraldry pertaining to corresponding regions.

Combination of modern materials with up-to-day technologies used to make new passports for traveling abroad ensures maximum protection from fake.

How to have a passport for traveling abroad issued?

Passport for traveling abroad is issued within the period from 10 (pre-term issue) to 30 days.

To receive such a passport nationals have to address a division of the Department on Citizenship, Immigration and Registration of Natural Persons and submit to there the following documents:

an Ukrainian passport, a birth certificate (for persons before 16);
a copy of an identification number issued by a taxation body except for individuals who officially informed relative authorities of having refused such a number due to religious or other beliefs;
a state duty receipt or a document confirming complete or partial state duty exemption;
individuals at the age from 18 to 25 subject to military conscription shall subject a note from a relative military enlistment office allowing them to leave Ukraine along with their applications.

The current legislation does not stipulate any other documents.

Besides, according to legislation territorial divisions and subdivisions of the State Department on Citizenship, Immigration and Registration of Natural Persons inspect terms and conditions limiting the right of a citizen to leave Ukraine, with a citizen paying HUA 10.2 (HUA 20.40 in the case of pre-term inspection) for services provided by information departments of internal affairs bodies under the decree # 152/52/29 issued by the Ministry of Foreign Affairs, the Ministry of Finances and the Ministry of Economy of Ukraine of March 15 of 2000 and registered under the number 305/4526 by the Ministry of Justice on May 25^th of 2000.

According to the Article 3 of the Decree on State Duty of the Cabinet of Ministers of Ukraine nationals shall pay a state duty in the amount of non-taxable ten minimal wages in total coming up to HUA 170. Pre-term issue (up to ten working days) increases state duty by 100% totaling to 340 HUA.

Who is eligible to immigrate to Ukraine?

Immigration is an arrival or stay in Ukraine of foreigners or stateless individuals for long in the way prescribed by law.

In accordance with the provisions set forth by the Article 4 of the Ukrainian law on Immigration immigration permit is granted to the following categories of immigrants:

Scientists and artists, whose immigration meets Ukrainian interests.
High-skilled workers, who are in acute demand in the Ukrainian economy.
Individuals who have made a foreign investment of foreign convertible currency in the Ukrainian economy in an amount equivalent to not less than 100 thousand dollars and registered in the order set forth by the Cabinet of Ministers of Ukraine.
Individuals, who are siblings, grandfathers or grandmothers, grandsons or granddaughters of Ukrainian nationals.
Individuals, who previously were in the Ukrainian citizenship.
Parents, a husband (wife) of an immigrant and his or her underage children.
Individuals, who have lived continuously in Ukraine for three years after being granted refugee status or asylum in Ukraine as well as their parents, husbands (wives) and underage children living with them.
One of spouses, if the second spouse, with whom he or she is married for over two years, is a citizen of Ukraine, plus children and parents of Ukrainian citizens.
Guardians or trustees of Ukrainian citizens and those who are under guardianship of Ukrainian citizens.
Individuals entitled to citizenship of Ukraine by territorial origin.
Persons whose immigration is of state interest for Ukraine.
Ukrainians who live abroad, foreign spouses of Ukrainians and their children in the case of their joint entry and stay in Ukraine.

Extension of stay in Ukraine

In accordance with the Ukrainian law the following documents are required to extend stay of foreigners and stateless individuals in Ukraine:

If a host side is a physical person, there should be a written application submitted by a host side to extend stay of an invited individual. If application is written out by a physical person, a valid passport or a permanent residence card shall be submitted. If application is written out by an invitee, it shall be attested in the order established by legislation at a residence place of a host side.
If a host side is a legal entity, there should be a written application from a legal entity submitted by its representative, with requisites of a host legal entity available (plus documents initially provided to confirm the fact of state registration). If accommodation provided for a foreigner of a stateless individual for living does not belong to a host side, application shall be approved at a place of residence by hotel executives or a housing body, etc.
Written application of a foreigner or a stateless individual to extend period of stay submitted personally or by a host physical person.
Passport of a foreigner or a stateless individual and his or her immigration card (if available).
4 photographs of a foreigner or a stateless individual of a 3,5cm x 4,5 cm size.
Receipt of having paid state tax for stay extension.
Receipt of having paid services that can be provided by the Department of Citizenship, Immigration and Registration of Natural Persons according to the Decree of the Cabinet of Ministers of Ukraine on the List of Paid Services Provided by Organs and Divisions of the Ministry of Internal Affairs # 795 of June 4^th of 2007 (if provided).

What are liabilities for breaching Ukrainian migration legislation?

Extract from the Code of Ukraine on Administrative Offences:

Article 197. Staying without passport

Stay of citizens eligible for a passport without a passport, stay by a non-valid passport or stay without being registered shall result in a warning or a fine from one to three minimal wages (from HUA 17 to HUA 51).

Article 198. Deliberate damage to a passport or its loss by negligence.

Deliberate damage to a passport or negligent keeping of a passport that lead to its loss shall result in a warning or a fine from one to three minimal wages (from HUA 17 to HUA 51).

Article 199. Allowed stay without a passport.

Staying of citizens without passports, staying by non-valid passports, staying without registration as well as allowing citizens without passports or registration to stay in owned or occupied living quarters shall result in a warning or a fine from one to three minimal wages (from HUA 17 to HUA 51).

Article 200. Hiring for a job without a passport.

Hiring citizens for a job without passports or with non-valid passports by officials at enterprises, establishments, organizations shall result in a fine from one to three minimal wages (from HUA 17 to HUA 51).

Article 201. Unlawful withdrawal of passports and accepting them as collateral

Unlawful withdrawal of passports by officials and accepting them as collateral shall result in a fine from one to three minimal wages (from HUA 17 to HUA 51).

Article 203. Violation of stay and transit rules in Ukraine by foreigners and stateless individuals.

Violation of rules of staying in Ukraine i.e. staying without documents entitling to live in Ukraine, staying by non-valid or expired documents, employment without relevant employment permits, if prescribed by Ukrainian legislation, violation of the established order of movement or unwillingness to leave Ukraine after stay period is over, as well as violation of transit through the territory of Ukraine except for violations envisaged by the second pert of the given article shall result into imposed fines in an amount from twenty to forty tax-exempt minimal wages (from HUA 340 to HUA 680). Violation of the established order of registration or period of allowed stay in Ukraine by foreigners or stateless individuals disclosed at Ukrainian state border check points shall result in a fine in an amount from twenty to forty minimal wages (from HUA 340 to HUA 680).

Article 204. Violation of the procedures of employment, admission for study, registration, de-registration for foreigners or stateless individuals, and issuing documents for them.

Violations by officials at enterprises, establishments and organization regardless of their forms of ownership, including foreign economic entities operating in the Ukrainian territory, of the prescribed procedures of employment, admission for study or accommodation for foreigners or stateless individuals, as well as other violations helping in any way foreigners or stateless individuals to be unlawfully registered, issued documents or to stay in Ukraine after period of their stay is over shall result into imposed fines in an amount from fifty to two hundred tax-exempt minimal wages.

Article 205. Failure to take measures to ensure timely registration of foreigners or stateless individuals.

Failure of citizens, who invited foreigners or stateless individuals to Ukraine for a private visit and provided them with housing, to take measures to ensure their timely registration shall result in a warning or a fine in an amount from five to thirty minimal wages (from HUA 85 to HUA 510).

Article 206. Violation of the order to provide foreigners and stateless individuals with housing, vehicles and assistance in provision of other services.

Provision of foreigners and stateless individuals with accommodation, vehicles, assistance in their registration, issuing documents for their stay or study, employment and other services violating the established rules of foreigners' and stateless individuals' stay or transit in the territory of Ukraine, should such actions have nothing to do with illegal crossing the state border of Ukraine, shall result into imposed fines in an amount from fifty to one hundred minimal tax-exempt wages (HUA 850 – 1700).

Article 206-1. Illegal transportation of foreigners and stateless individuals in the territory of Ukraine.

Transportation of foreigners or stateless individuals violating the established rules of foreigners' and stateless individuals' stay in Ukraine and their transit through the territory of Ukraine, should such actions have nothing to do with illegal crossing the state border of Ukraine, shall result into imposed fines in an amount from fifty to one hundred minimal tax-exempt wages (HUA 850 to HUA 1700). Fitting out vehicles by their owners or drivers as vehicles with deliberately conspicuous hiding places to transport illegal migrants shall result into fines imposed on their owners or officials at enterprises, establishments, organizations responsible for technical equipment and maintenance of vehicles in an amount from one hundred to two hundred tax-exempt minimal wages (from HUA 1700 to HUA 3400), with a vehicle being confiscated, and fines imposed on drivers in an amount from one hundred to two hundred minimal tax-exempt wages (from HUA 1700 to HUA 3400).

Actions stipulated by the first or the second parts of the given article, if repeated or resorted to by a group of persons concerning several foreigners of stateless individuals, as well as transportation of foreigners or stateless individuals in specially equipped vehicles or conspicuous hiding-places for transportation of people shall result into imposed fines in an amount from fifty to five hundred minimal tax-exempt wages (HUA 2 250 to HUA 8500), with a vehicle likely confiscated.