Document #1313405
IRB – Immigration and Refugee Board of Canada (Author)
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.
References
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)
Attachment
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.