Zelenskyy announces a bill on multiple citizenship

Zelenskyy announces a bill on multiple citizenship

What happened? 

The Verkhovna Rada has registered President Volodymyr Zelenskyy's draft law on multiple citizenship.

The document was published on the parliament's website.

The draft law, among other things, defines the specifics of acquiring Ukrainian citizenship, the categories of people who must submit an undertaking to terminate their foreign citizenship, introduces a declaration of recognition as a citizen of Ukraine and defines the list of states whose citizens can obtain Ukrainian citizenship under a simplified procedure.

The President of Ukraine proposes to include the United Kingdom of Great Britain and Northern Ireland, Canada, Norway, the United States, Switzerland, Japan and the countries of the European Union. In the explanatory note, the President of Ukraine says that the draft law does not affect the market environment, regional development, increasing or decreasing the capacity of territorial communities, the labour market and other areas.

"We have been working on this decision for a long time and have thought through everything to the smallest detail. And the draft law introduced by the President is key to launching this mechanism," 

said Dmytro Kuleba, Minister of Foreign Affairs of Ukraine.   

He also noted that multiple citizenship would not allow Ukrainian citizens subject to military service to cross the border during martial law.

"We did not reinvent the wheel. Many countries have institutions of multiple citizenship. We assume that Ukraine will be a member of the European Union,"

said Minister Kuleba.

What is the draft law about?

The simplified procedure involves submitting a declaration of recognition of oneself as a citizen of Ukraine instead of an obligation to terminate foreign citizenship, as it was before.

By signing a declaration of recognition as a citizen of Ukraine, foreigners define themselves in legal relations with Ukraine only as its citizens. 

"If a citizen of Ukraine has acquired the citizenship (nationality) of another state or states, in legal relations with Ukraine, he/she is recognised only as a citizen of Ukraine. If a foreigner has acquired Ukrainian citizenship, in legal relations with Ukraine, he is recognised only as a citizen of Ukraine." 

This provision of the law remains unchanged.

Categories of people who will be able to have such a document:

  • refugees or those who have found asylum in Ukraine;
  • military personnel serving under contract in the Armed Forces of Ukraine, the State Transport Special Service or the National Guard and their spouses and children;
  • foreigners with a residence permit;
  • those with outstanding services to Ukraine.

Moreover, citizens of national interest and citizens of the aggressor or occupying country, i.e. Russians who have been persecuted in their country and can prove it, will be able to obtain this document.

On January 27, 2015, the Verkhovna Rada of Ukraine officially recognised Russia as an aggressor state.

Temporary residence permits and immigration permits to Ukraine

Foreigners fighting on the side of Ukraine will be granted temporary residence permits if their participation in combat or service missions is confirmed. They will be able to stay in Ukraine legally, even if their passports have expired or are subject to exchange.  

This provision will apply to those fighting in the Ukrainian Defence Forces for at least six months.

The new draft law also allows immigration to Ukraine for foreigners if they are married to a Ukrainian who was killed or is a member of the Armed Forces or other military formations. Such an application can be submitted only during martial law and within six months of its cancellation.

Grounds for losing Ukrainian citizenship

Voluntary acquisition of the citizenship of the aggressor state will be the grounds for the loss of Ukrainian citizenship, as well as the acquisition of citizenship of a country whose citizens are not eligible for the simplified procedure for obtaining Ukrainian citizenship.

In addition, the use of a foreigner's passport in Ukraine provided that the person has Ukrainian citizenship, forgery of documents, contract service and participation in the armed forces of the aggressor state, as well as a threat to Ukraine's national security, peace, international legal order may be grounds for refusal to obtain Ukrainian citizenship.

The President also proposes to update the list of categories of people who cannot obtain Ukrainian citizenship. The list includes:

  • convicted in Ukraine for committing a grave or especially grave crime, taking into account the level of threat to the national security of the state;
  • committing actions on the territory of another state that are grave or especially grave crimes according to the Criminal Code; 
  • people who pose a threat to Ukraine's national interests, security, public order, sovereignty, and territorial integrity. 

What preceded the registration of the draft law?

On February 26, 2021, the National Security and Defence Council instructed the Ukrainian government to resolve the issue of multiple (dual) citizenship. 

On September 22, 2021, Ukrainian President Volodymyr Zelenskyy proposed to introduce dual citizenship for Ukrainians living abroad.

At the same time, he stated that dual citizenship was impossible for people living in "unfriendly states". 

Later, in early December 2021, Volodymyr Zelenskyy submitted a draft law on multiple citizenship to the Verkhovna Rada, but the parliament did not consider the document