Status to which a foreigner married to a Ukrainian citizen would be entitled; documents to be provided; procedures to be followed in making an application [UKR32743.E]

On 4 February 1994 the Supreme Rada of Ukraine passed the attached Law on the Legal Status of Aliens (Canadian Embassy 20 June 1994; Proxen Mar. 1994). Under the Law, "unless otherwise provided by Constitution, etc., foreigners have same rights, freedoms and obligations as citizens" and are equal in law "irrespective of origin, ethnicity, social or financial status, religious affiliate, etc." (Canadian Embassy 20 June 1994; Proxen Mar. 1994). As well, "immigration/permanent residence is possible if person concerned has legal source of income in Ukraine, has close relatives (defined as parents, children, siblings, spouse) in Ukraine, is dependent of Ukrainian citizen, has Ukrainian citizen as a dependent" (Canadian Embassy 20 June 1994; Proxen Mar. 1994).

A 4 January 1993 letter from the Consular Division of the Embassy of Ukraine in Washington, DC (attached to UKR12746 of 6 January 1993) states that entry to Ukraine for permanent residence requires the following documents "filled [in] in Ukrainian or translated from English into Ukrainian":

Application (3 copies) addressed to the Ambassador of Ukraine ... asking permission to join close relatives in Ukraine. ...
Questionnaire-Application - completely filled out (3 copies) ...
Autobiography (3 copies) - detailed description of your life, facts about your close relatives permanently residing in Ukraine and abroad;
4 passport-sized photos;
Health certificate from your physician translated into Ukrainian and certified by a notary public;
Physical examination report (attached) filled in by you and your physician;
Consular fee ... (check or money order);
One or two letters from the relatives permanently residing in Ukraine, inviting you to come to join them and standing [sic] their readiness to provide you with accommodation and care during the initial period of the stay in Ukraine;
Documents providing your biography facts such as: Passport, Birth Certificate, Certificate of Naturalization, Certificates of education, records from your places of work or study, military records, copies of Driving license, Social Security card and other supporting documents.

On 20 May 1997 the Law of Ukraine On Ukrainian Citizenship 1991 and its 1993 and 1994 amendments was further amended and added to (Ukraine 20 May 1997). Under Article 16 - Admission to Ukrainian Citizenship - (formerly Article 17 - Adoption of Ukrainian Citizenship) of the amended law, there are five conditions of admission to Ukrainian citizenship:

recognition of and compliance with the Constitution and the laws of Ukraine;
not holding foreign citizenship;
continuous residence on legal grounds on the territory of Ukraine throughout the past five years;
command of the Ukrainian language within the extent that is sufficient for communication;
availability of legal sources of subsistence.

However, the Law also states that:

The requirements of Paragraph 1 [the conditions listed above] and of Items 3 and 4 of part 2 of this Article shall not extend to persons who are married to Ukrainian citizens.
Items 3 and 4, part 2 state:
Ukrainian citizenship shall not be granted to persons who:
3) are under investigation or evade punishment or have committed a crime on the territory of another state;
4) serve in the armed forces, security service, law enforcement bodies, or bodies of the judiciary or state authority and governance in a foreign state.

Article 17 of the 1991 Law on Ukrainian Citizenship included the following paragraph:

A simplified procedure for granting citizenship of Ukraine may be used with respect to women who have married citizens of Ukraine at their request and on condition that they resign any foreign citizenship.

This paragraph is not in the 1997 Law which makes reference only to "persons who are married to Ukrainian citizens."

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.


Canadian Embassy, Kiev. 20 June 1994. Correspondence.

Embassy of Ukraine, Washington, DC. 4 January 1993. Correspondence from Consular Division.

Proxen Law Firm, Kiev. March 1994. Legal Review. Vol. 1, No. 6. "Summary of the Law of Ukraine 'On Legal Status of Foreigners'."

Ukraine. 20 May 1997. Law on the Introduction of Amendments and Additions to the Law of Ukraine on Ukrainian Citizenship. (REFWORLD)

_____. 8 November 1991. Law on Citizenship. (Originally printed in Pravda Ukrainy, in Russian, on 14 November 1991 and translated into English by FBIS: FBIS-USR-91-962 30 Dec. 1991, pp. 46-51)


Ukraine. Law on the Legal Status of Aliens. 4 February 1994. (unofficial translation). Kyiv: Council of Advisors to the Presidium of the Parliament of Ukraine Migration Problems Research Centre, 1996.