What will change Draft Law No.11469 for applicants for Ukrainian citizenship

On August 7, 2024, the President of Ukraine submitted to the Verkhovna Rada, Ukrainian Parliament, Draft Law No.11469 on amendments to certain laws of Ukraine regarding the implementation of the right to acquire and retain Ukrainian citizenship, proposing the introduction of the institution of multiple citizenship in Ukraine.

For the second time this year, the Office of the President has devised such an initiative. The previous Draft Law No.10425 was ready for the first reading in the Parliament and had a few alternative draft laws, but never made it to the Verkhovna Rada. A similar fate befell draft law No.2590 submitted in 2019.

It is still unclear why Draft Law No.11469 is being suggested as a new legal initiative. Given the fact that the text of Draft Law No.11469 is built upon Draft Law No.10425, it could have been submitted as part of refining the previous Draft Law No.10425.

Introducing the concept of dual citizenship in Ukraine is a contentious issue, as the Constitution of Ukraine enshrines the principle of single citizenship. To avoid legal collisions and fully implement the mechanism of dual citizenship, amendments to the Constitution are necessary. This issue has been discussed for a long time now.

Acquiring Ukrainian Citizenship as a Second Citizenship:

The Draft Law stipulates a simplified procedure for citizens of certain countries to apply for Ukrainian citizenship. However, it is not yet clear which countries will be included in this list, as it must be approved by a separate law.

The simplified procedure here means that such individuals are not required to pass exams in Ukrainian language, history, and the basics of the Constitution when applying for citizenship. However, they are obligated to pass these exams within no more than three years from the date of acquiring Ukrainian citizenship.

No new grounds for acquiring or granting Ukrainian citizenship are being proposed. Citizenship can continue to be obtained only through the existing three methods: acquisition, acceptance, or restoration.

Citizenship can be acquired through birth, territorial origin, or as a result of adoption or the establishment of guardianship or custody.

Citizenship of Ukraine can be granted based on continuous residence in Ukraine for the past five years.

Citizenship based on the territorial origin

Currently, individuals can acquire Ukrainian citizenship if they or their relatives were born or resided in territories that became part of Ukraine after it gained independence before August 24, 1991.

The Draft Law proposes revoking individuals’ right to acquire Ukrainian citizenship if they or their relatives were not born but only resided in the specified territories.

No explanation is given on the proposed changes in the explanatory note or press releases. We think that during this challenging period for Ukraine, with the demographic and migration situation being critical, excluding certain grounds for obtaining citizenship will only deteriorate the situation.

Naturalization

Currently, individuals have the right to be granted citizenship if they have continuously resided in Ukraine for the past five years on a temporary or permanent residence permit.  Exceptions are made for those married to a Ukrainian citizen or serving in the Ukrainian military. The Draft Law now proposes to remove the possibility of granting citizenship to individuals with a temporary residence permit.

To obtain Ukrainian citizenship, individuals will need, according to the Draft Law, to reside in Ukraine for 10 years: first, 5 years to obtain a permanent residence permit (in the absence of other grounds for obtaining it) and then another 5 years before applying for citizenship. This makes the process significantly longer compared to the more lenient requirements that most of the European countries have. For example, in Germany, the residency requirement for obtaining citizenship was recently reduced from 8 to 5 years, and in certain cases, to 3 years.

For those seeking citizenship as the spouse of a Ukrainian citizen, the required duration of marriage may be increased from 2 to 3 years.

The draft law proposes to extend this requirement to persons applying for citizenship, except for those who obtain citizenship under a simplified procedure, the military, children and incapacitated persons.

Language Exams

The Draft Law proposes introducing this requirement for those applying for citizenship acquisition. Exceptions are made for those obtaining citizenship through a simplified procedure, military personnel, children, and legally incapacitated individuals.

Loss of Citizenship

The Draft Law suggests a complete revision of the grounds for the loss of Ukrainian citizenship. Acquiring citizenship will no longer be grounds for losing Ukrainian citizenship if it is citizenship of a country included in a legally defined list.

The voluntary acquisition of citizenship of a state recognized by Ukraine as an aggressor or occupying state will be grounds for losing Ukrainian citizenship. The same applies to acquiring the citizenship of any state not listed as one with a simplified procedure. Essentially, multiple citizenship is possible only for people wanting to hold a passport of a country from the legally defined list. Commenting on this provision in Draft Law No.10425, the Main Scientific and Expert Department of the Parliament noted that such an approach would amount to a violation of the principle of equality before the law. We cannot disagree with this.

The Draft Law proposes that foreigners obtaining Ukrainian citizenship through a simplified procedure would have the legal right to hold dual or multiple citizenship and enjoy all the rights and freedoms of a Ukrainian citizen. In contrast, Ukrainian citizens acquiring citizenship of other states not included in that list of countries (whose citizens can obtain Ukrainian citizenship through a simplified procedure) would risk losing Ukrainian citizenship and all the rights as Ukrainian citizens.

Among the grounds for the loss of citizenship outlined in the Draft Law are the use of a foreign passport within Ukraine, providing false information or forged documents to obtain citizenship, serving in the military of an aggressor state, committing crimes against peace, humanity, international order, or committing a terrorist act. Additionally, it includes the failure of individuals who acquired Ukrainian citizenship through a simplified procedure to pass the Ukrainian language, history, and the Constitution knowledge exams the within the prescribed timeframes.

A new positive aspect of this Draft Law, compared to previous legislative initiatives, is the introduction of sanctions for failing to pass the exams, which had not been stipulated before.

Unfortunately, the Draft Law overlooks an important issue: the timeframes for processing applications for the acquisition and termination of citizenship. The final decision in both cases is made by the President of Ukraine, and due to the lack of any legislative mechanisms of influence. From our experience, the processing time for these applications could be 5 or more years.

Among the positive changes in the Draft Law is the introduction of simpler procedures for foreigners serving in the military under contract, as well as for the families of military personnel.

Draft Law No.11469 introduces the concept of multiple citizenship in Ukraine; however, the text of the Draft Law contains several legal collisions as well as technical errors that need to be addressed. These changes must be implemented in line with the principles of equality and legal certainty for all Ukrainian citizens.

First was published at The Page