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Petryk Tetiana

Head of migration law practice

Lawyer, master of law, expert in the field of migration law.

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RENUNCIATION OF THE CITIZENSHIP OF UKRAINE

Under the renunciation of citizenship of Ukraine, the legislator understands the procedure during which a citizen expresses his voluntary will in order to lose political and legal ties with the state. This process is also called repatriation.

When does repatriation take place?

This is possible in the case when a person has received from another state a document stating that he will acquire the citizenship of that state, leaving the citizenship of Ukraine. Also, regardless of whether a citizen of Ukraine lives here or lives abroad, it is possible to file a petition for renunciation of Ukrainian citizenship. In addition, a child can leave the citizenship of Ukraine together with the parents. To do this, the parent must submit an appropriate application. When a child is adopted, one of the adoptive parents has this right.

Do I need the consent of the child to withdraw from the citizenship of Ukraine?

The answer to this question depends on the age of the child. For example, if we are talking about a child between the ages of 14 and 18, then the exit from the citizenship of Ukraine can take place only with his consent. So even the insistence of both parents or adoptive parents is not a reason for a child to withdraw from Ukrainian citizenship against his will. However, when it comes to a child under 14, consent is not required.

Questions sometimes arise as to whether it is possible to renounce the citizenship of our state for a child who acquired it at birth and has one of the parents who is a foreigner or a stateless person. In this case, exit from Ukrainian citizenship is possible, regardless of where the minor lives and where his parents live.

Important! Two types of renunciation of Ukrainian citizenship should be distinguished: exit and its loss.

  • Withdrawal from Ukrainian citizenship is formalized in the event that a person permanently resides abroad and, accordingly, has already received a permit in Ukraine for permanent residence abroad;
  • The loss of Ukrainian citizenship is relevant when the Ukrainian has already received the citizenship of the host country, as well as in the case of military service in the host country and as a result of obtaining Ukrainian citizenship in accordance with the Law on the basis of forged documents, facts and circumstances. The loss is initiated exclusively by the state body.

What is the key barrier to exiting Ukrainian citizenship?

The main obstacle to such an exit is if the person was informed of the suspicion of committing a crime. The same applies to situations where the conviction of the court has already entered into force and must be executed.

What is the procedure for renunciation of citizenship of Ukraine?

The application is considered for no more than one year. During this period, only consideration is taken into account, without the work of the commander’s or diplomatic mail. In order for a person to withdraw from the citizenship of our state, the relevant Decree is issued by the President of Ukraine. This is the procedure established by the current legislation. When a foreign diplomatic institution has received the Decree, it is obliged to bring it to the attention of the applicant within a week. An appropriate certificate is issued, as well as travel documents that the person owned as a citizen of Ukraine were confiscated.

 

In order to fulfill the decision of the President, there is a month. If a person has not applied to a diplomatic institution and has not returned the documents, such institution shall take the necessary actions within its powers to declare the document invalid.

Another important condition for renouncing Ukrainian citizenship is the payment of the consular fee.

When can a person be denied renunciation of citizenship?

This case covers situations in which:

  • A person lives in Ukraine, but he does not have a place for permanent residence abroad.
  • There is no foreign passport, and there are no guarantees of its acquisition.

Well, it is also worth mentioning the situation in criminal proceedings, which was discussed in more detail above. In all other cases, there are no obstacles to renunciation of citizenship.

If you need advice on this issue, Prikhodko&Partners specialists will be happy to advise and provide legal support for your request.

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1 question

Have you applied for a permit to leave for permanent residence abroad?

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2 question

Do you already have the citizenship of another state?

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No

3 question

Are you registered with the Ukrainian embassy in the country of your residence?

Yes
No
Petryk Tetiana
Head of migration law practice

Lawyer, master of law, expert in the field of migration law.

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