In accordance to Ukrainian legislation an application for acquisition of Ukrainian citizenship can be denied or the already acquisition citizenship revoked, in case of certain circumstance.
Why a foreigner can be refused to obtain citizenship of Ukraine?
The territorial department of State Migration Service of Ukraine (hereinafter the SMSU) or Ukrainian embassy/consulate (hereinafter the MFA) checks the compliance of documents on establishing or registering citizenship of Ukraine with the requirements of the legislation of Ukraine and confirming the existence of facts with which the Law connects a person’s citizenship of Ukraine.
If during the review of application SMSU or MFA will establish that the submitted documents are not executed in accordance with the requirements of the legislation of Ukraine, these documents are returned to the territorial department of SMSU or MFA. The territorial department of SMSU or MFA shall send the documents to the applicant to eliminate the deficiencies. If the applicant within two months from the date of return of the documents does not eliminate the deficiencies and does not re-submit the documents, the territorial department of SMSU or MFA will terminate the proceedings on this application.
If during the review of application the SMSU or MFA will establish that the submitted documents do not confirm the facts to which the Law connects the person’s citizenship of Ukraine, the territorial department of SMSU or MFA shall make a reasoned decision to refuse belonging of a person to the citizenship of Ukraine.
Why a foreigner shall not obtain or can receive a revocation citizenship of Ukraine?
A person is not accepted into the citizenship of Ukraine:
1) has committed a crime against humanity or committed genocide;
2) sentenced in Ukraine to imprisonment for committing a serious or especially serious crime (until the expiration or removal of a criminal record), taking into account the level of threat to the national security of the state;
3) has committed an act on the territory of another state, which is recognized by the legislation of Ukraine as a grave or especially grave crime;
4) if a person tried to acquire the citizenship of Ukraine by deception, as a result of submitting knowingly false information or false documents, concealment of any material fact in the presence of which a person cannot acquire the citizenship of Ukraine.
What to do if your application for Ukrainian citizenship has been denied or the previously obtained citizenship revoked?
Decisions on citizenship may be appealed in court in the manner prescribed by law. Actions and inaction of officials who violate the procedure and deadlines for consideration of cases of citizenship and enforcement of decisions on citizenship may be challenged in court and administratively. Persons permanently residing abroad appeal to the courts for illegal actions or inaction of officials of diplomatic missions or consular posts of Ukraine in the manner prescribed by law.
Our immigration lawyer Ivan Goncharov has a wide and positive experience on appealing state authorities unlawful decisions.
