Multiple citizenship in Ukraine: who will be affected by the new law and who will be able to keep two passports?

Ukraine officially recognizes multiple citizenship. Find out under what conditions it is permitted to have two passports, who will lose Ukrainian citizenship, and how the new law will affect Ukrainians abroad and foreigners who want to become citizens of Ukraine

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On June 18, 2024, the Verkhovna Rada finally adopted draft law No. 11469, which legalizes multiple citizenship in Ukraine. This decision is a historic step that opens up new opportunities for millions of Ukrainians abroad and for foreigners who plan to live or work in Ukraine. However, the recognition of multiple citizenship is accompanied by clear conditions, exceptions, and new grounds for losing Ukrainian citizenship.

Read also: Advantages, risks, and legal nuances of multiple citizenship.

Multiple citizenship in Ukraine: what the new law provides

Recognition of multiple citizenship will depend on whether foreign citizenship is included in the list of countries approved by the Cabinet of Ministers of Ukraine. The government will have the authority to form this list, and the law does not specify how often it can be changed.

It should be noted that the table of amendments to the second reading of this bill is 560 pages long. Its final version was considered twice by the relevant parliamentary committee: on May 21, the bill was recommended for adoption, but after additional amendments, on June 9, the committee revised the text again.

Who will be able to have multiple citizenship in Ukraine?

The main idea of the law is that multiple citizenship will only be allowed for persons whose second passport is issued by a country from a special list approved by the Cabinet of Ministers of Ukraine. In other words, the right to dual citizenship is not absolute — it depends on foreign policy criteria and government decisions.

Read also: What documents are required for immigration to Ukraine for persons who previously had Ukrainian citizenship?

Which countries may be included in the list?

Although the list of countries has not yet been published, the text of the law states that in the process of forming the list, the government will take into account:

● the country's membership in the European Union;

● support for Ukraine through the introduction of sanctions against russia.

Therefore, it is not yet known which countries will be included in the list, but earlier, in January 2024, President Volodymyr Zelensky submitted an alternative bill No. 10425 with a similar purpose.

Draft 10425 explicitly named the countries whose citizens would be granted simplified access to Ukrainian citizenship. These include Austria, Germany, the US, Japan, the UK, France, Poland, Italy, and other countries in Europe, North America, and Asia.

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In what cases will multiple citizenship be officially recognized?

According to the new Article 5-1 of the Law of Ukraine “On Citizenship,” the citizenship of another country is recognized in the following cases:

● if a Ukrainian citizen has obtained citizenship of a country whose citizens are entitled to simplified acquisition of Ukrainian citizenship (according to the list of the Cabinet of Ministers);

● if a foreigner who is a citizen of a country on the Cabinet of Ministers' list acquires Ukrainian citizenship through a simplified procedure;

● when a child automatically acquires Ukrainian citizenship and the citizenship of another country at birth;

● if a child who is a citizen of Ukraine acquires the citizenship of their foreign adoptive parents;

● when a Ukrainian automatically acquires another citizenship through marriage to a foreigner;

● in the case of automatic acquisition of citizenship of another country by an adult Ukrainian in accordance with the legislation of that country, without official confirmation.

A citizen of Ukraine who also has citizenship of another state included in the government's list may renounce Ukrainian citizenship upon application, regardless of where they reside (i.e., in the country of residence). However, if citizenship was obtained in a country included in the Cabinet of Ministers' list, renunciation of Ukrainian citizenship is not mandatory.

However, if a Ukrainian citizen voluntarily obtains citizenship of a country not included in the Cabinet of Ministers' list, this may be grounds for losing Ukrainian citizenship.

When can multiple citizenship lead to the loss of Ukrainian citizenship?

The new law provides grounds for losing Ukrainian citizenship. The main ones are:

1. Voluntary acquisition of citizenship of a state whose citizens are not eligible for simplified acquisition of Ukrainian citizenship (provided that they have reached the age of majority at the time of acquisition).

Voluntary acquisition includes cases where a Ukrainian citizen has submitted an application or petition for foreign citizenship in accordance with the legislation of that state.

Important: russian citizenship acquired in temporarily occupied territories or after deportation is not considered voluntary (even if an application had to be submitted for this purpose, or in the case of compulsory acquisition of a passport after deportation from the TOT). Exceptions are situations where a person knowingly contributes to aggression against Ukraine or poses a threat to national security in accordance with the Law of Ukraine “On National Security of Ukraine.”

Multiple citizenship is also not recognized as voluntary in the cases described in paragraphs 1-4 of part one of Article 5-1 (for example, dual citizenship of a child by birth or adoption, marriage, etc.).

2. Obtaining Ukrainian citizenship on the basis of false information or forged documents.

3. Contract service in the Armed Forces of the russian federation.

4. Conviction in Ukraine for crimes against national security, peace, creation of or participation in criminal organizations, criminal communities, or the spread of criminal influence.

5. Participation in armed aggression against Ukraine on the side of the russian federation.

If one of these grounds is established, Ukrainian citizenship shall be terminated from the date of issuance of the relevant presidential decree.

What will change for those who have already acquired citizenship or are waiting for it?

After the new law comes into force, persons who have already acquired Ukrainian citizenship or have applied for it under the old version of the law and have submitted a declaration of renunciation of foreign citizenship will have the right to submit a declaration of recognition of themselves as citizens of Ukraine, provided that they are citizens of a country on the Cabinet of Ministers' list.

This declaration is a document in which a person officially states that in legal relations with Ukraine, they recognize themselves as a Ukrainian citizen only.

When will the law on multiple citizenship come into force and what else does the Cabinet of Ministers need to do?

The law will come into force six months after its official publication. During this period, the Cabinet of Ministers must:

● develop a procedure for resolving issues related to public service for persons with multiple citizenship (in particular, determine restrictions for persons with russian citizenship if they hold positions in government bodies);

● publish a list of countries whose citizens will be able to obtain Ukrainian citizenship through a simplified procedure.

If you have any questions and would like clarification regarding citizenship of Ukraine or other countries, please contact the immigration lawyers at Visit Ukraine. Our specialists provide consultations and professional legal support for Ukrainians abroad, as well as for foreigners who want to obtain or retain Ukrainian citizenship.

Leave a request for a consultation on the website, and our specialists will answer all your questions and help you navigate the complex legal aspects of citizenship refusal and acquisition.

We remind you! Obtaining Ukrainian citizenship for foreigners is a complex process that depends on many factors. Read more about the grounds on which foreigners most often obtained Ukrainian citizenship in 2024 and how trends have changed compared to previous years in our previous article.

Photo: NurPhoto via Getty Images

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