The procedure for renouncing citizenship of Ukraine differs from the process of renouncing citizenship of other countries, since the new law of the Russian Federation, adopted in 2021, has made it somewhat easier for Ukrainians to renounce citizenship. In the article we will look at in what cases a refusal is necessary, how to fill out an application, how to have it certified by a notary, where the renunciation of Ukrainian citizenship is sent, what documents will be needed to carry out the procedure. In addition, we will answer the question of whether renunciation of citizenship, in the understanding of Russian laws, entails automatic termination of Ukrainian citizenship. In conclusion, we provide step-by-step instructions on the procedure for renouncing Ukrainian citizenship.
Differences in the legislation of Russia and Ukraine regarding the concept of “renunciation of citizenship”
There is a lot of conflicting information on the Internet regarding the need to renounce Ukrainian citizenship. Many believe that refusal is necessary in any case - regardless of the basis on which the Ukrainian applies for Russian citizenship. It's a delusion.
In addition, confusion arises when answering the question of whether a Ukrainian needs to renounce Ukrainian citizenship if he is already a citizen of the Russian Federation (that is, has two citizenships), and how to do this. Let's deal with these issues once and for all, based on the legislation of Russia and Ukraine.
In Ukraine there is no concept of “renunciation of citizenship”
First, let’s look at the differences between the term “renunciation of citizenship” in the legislation of the Russian Federation and Ukraine. Issues of citizenship in the Russian Federation are regulated by the law “On Citizenship of the Russian Federation” dated May 31, 2002 No. 62-FZ (hereinafter referred to as the citizenship law). Issues of termination of citizenship of Ukraine are regulated by the Law of Ukraine “On Citizenship of Ukraine” dated January 18, 2001 No. 2235-III (hereinafter referred to as the Law on Citizenship of Ukraine), namely Art. 17, 18.
In Ukraine there is no procedure, called in Russia “renunciation of citizenship”, provided for by the legislation of the Russian Federation. There is only a procedure called “renunciation of Ukrainian citizenship.” Exit is possible only if the Ukrainian goes through all the steps provided for by the legislation of Ukraine:
- Permanently resides abroad and acquired citizenship of another state (in the situation we are considering, acquired Russian citizenship).
- I applied to the Ukrainian authorities to renounce my citizenship.
- A Decree of the President of Ukraine was issued on the renunciation of Ukrainian citizenship of Ukraine.
In addition, in Ukrainian legislation there is the concept of “loss of citizenship” (Article 19 of the Law on Citizenship of Ukraine). The basis for loss of Ukrainian citizenship is the voluntary adoption of Russian citizenship by an adult Ukrainian. However, in the same article. 19 states that the date of termination of citizenship in the event of its “loss” is the date the President of Ukraine issues a decree on this. Will this decree be issued if a Ukrainian receives Russian citizenship? Practice shows that it is unlikely.
Thus, renunciation of Ukrainian citizenship in order to obtain Russian citizenship will only matter for Russia, but not for Ukraine. For the Ukrainian authorities, a person who has received Russian citizenship (even if he has renounced Ukrainian citizenship in the understanding of Russian legislation) will still be considered a Ukrainian, with all the ensuing consequences (mutual rights and obligations). According to the legislation of the Russian Federation, such a Ukrainian will formally be considered a person with two citizenships (not double, but two - these are different concepts).
Grounds for deprivation of citizenship
There is a list of legal grounds for deprivation of Ukrainian citizenship. You can lose it for the following reasons:
- a newborn is deprived of permanent resident status if he simultaneously acquires a second citizenship in another country by birth;
- the child acquires the citizenship of his parents upon adoption;
- automatic acquisition of the status of a subject upon marriage with a citizen of another state;
- Ukraine may deprive of citizenship in the absence of an appropriate document on the acquisition of another citizenship;
- registration in the territory fraudulently;
- voluntary entry into military service of another state under a contract.
It is problematic to challenge deprivation of permanent resident status in court in the future. Before renouncing citizenship, you should carefully weigh the pros and cons of the decision and make sure that you make the right choice. It will not be possible to exit urgently; this will require a certain period, during which time you can apply for another citizenship.
When should a Ukrainian renounce Ukrainian citizenship under Russian law, and when should he not?
It is important to understand that the legislation of the Russian Federation requires foreigners who wish to become Russian citizens to renounce their previous citizenship. This requirement also applies to citizens of Ukraine (although the procedure for carrying out the refusal procedure is different for them - special).
The Law on Citizenship of the Russian Federation provides many grounds for obtaining Russian citizenship - in a general and simplified manner. We wrote in detail about the grounds for obtaining citizenship by Ukrainians in this article.
Does the need to renounce Ukrainian citizenship depend on the chosen basis for acquiring Russian citizenship?
Renunciation of Ukrainian citizenship in order to obtain Russian citizenship is mandatory in cases where a Ukrainian:
- Receives Russian citizenship in the general manner (clause 10 of the Regulations approved by Decree of the President of the Russian Federation of November 14, 2002 No. 1325).
- Receives citizenship of the Russian Federation as a native speaker of the Russian language (clause “g. 1”, clause 14 of Regulation No. 1325).
- Becomes a citizen of the Russian Federation on the basis of participation in the State Program for the Resettlement of Compatriots (clause “z”, clause 14 of Regulation No. 1325).
- Becomes a citizen of the Russian Federation through a parent who lives in Russia and has citizenship of the country (clause 15 of Regulation No. 1325).
- Receives Russian citizenship on any of the simplified grounds (clause “d”, clause 14 of Regulation No. 1325).
In cases where a Ukrainian has received political asylum in the Russian Federation or is recognized as a refugee, renunciation of citizenship is not required (clause 10 of Regulation No. 1325).
Why does the procedure for renouncing citizenship for Ukrainians differ from the generally accepted one?
In 2021, a new law “On Amendments to the Law “On Citizenship...” and Art. 8 and 14 of the Law “On the Legal Status of Foreign Citizens...” dated July 29, 2017 No. 243-FZ.
This regulatory act introduced changes to the procedure for Ukrainians to renounce Ukrainian citizenship in order to obtain Russian citizenship. Now, Ukrainians who want to become Russians as native speakers of the Russian language do not have to go through the procedure of renouncing Ukrainian citizenship.
All that needs to be done is to send a notarized application for renunciation of Ukrainian citizenship to the consular department of the Ukrainian Embassy in the Russian Federation. It should be noted that Ukrainians receive the status of Russian citizens under the Russian speaker program most often.
To confirm his intention to renounce citizenship, a Ukrainian must present to the Ministry of Internal Affairs for Migration Affairs a copy of the application for renunciation of Ukrainian citizenship, certified by a notary.
Accordingly, for the Russian authorities, the decision of the Ukrainian authorities on whether a person’s renunciation of Ukrainian citizenship is confirmed or not does not matter. It is enough to prove that the Ukrainian expressed his intention to withdraw from it. Below is an excerpt from the official website of the Ministry of Internal Affairs of the Russian Federation.
The news about simplifying the renunciation of citizenship for Ukrainians can be seen in the video below.
Important! According to Ukrainian legislation, a renunciation of citizenship sent to the Ukrainian Embassy does not entail the Ukrainian’s renunciation of Ukrainian citizenship. Next, we will look at how to renounce Ukrainian citizenship in 2021.
How long does the procedure take?
The entire procedure takes about 12 months. The commission members will need this time to:
- Carefully review the case materials;
- Make an adequate decision;
- Prepare a decree and submit it to the head of state for signature.
The time spent on sending materials is not included in the total period allotted for the procedure (regulations on the citizenship commission).
If the applicant submits documents of inadequate quality or not in full, the commission returns the application. After resubmission, the countdown of deadlines begins again.
How to renounce Ukrainian citizenship while in Russia or Ukraine: step-by-step instructions
To renounce Ukrainian citizenship, you must send a notarized application to the Consulate of Ukraine.
To do this you will need:
- Choose any notary (since renunciation of Ukrainian citizenship is carried out only through a notary). To find a notary, you can use the official website of the notary chamber.
- Pay state fees and legal and technical services. Payment details can be obtained by contacting the selected notary. The state fee is 100 rubles, and the price for paying for services is 1,400 rubles. Prices in Ukraine must be clarified with Ukrainian notaries.
- Wait until the notary prepares an application to renounce Ukrainian citizenship and sign it. Please note that you must take 2 copies of the notary application. The text of the statement is simple: “In connection with the intention to acquire citizenship of the Russian Federation, I renounce Ukrainian citizenship and ask to formalize my renunciation of Ukrainian citizenship.” Other variations are possible, since the law does not provide for a specific phrase that cannot be modified.
- Send an application to the authorized state body of Ukraine in the Russian Federation. Where to send a letter renouncing Ukrainian citizenship? After receiving 2 notarial applications (original and notarized copy) about renunciation of Ukrainian citizenship, one of them must be sent to the Consular Section of the Ukrainian Embassy in the Russian Federation. In Moscow, the consulate is located at: 125009, Moscow, Leontyevsky Lane, 20. In St. Petersburg: 191124, St. Petersburg, st. Bonch-Bruevich, 1-V. To send a letter, you need to come to any branch of the Russian Post, indicate to the employee that it is necessary to send a valuable letter with a list of the contents and a receipt. In the list of attachments, it is required to write that you sent “a copy of the application for renunciation of Ukrainian citizenship with the notarized signature of the applicant.” In addition, you must indicate which embassy the document is being sent to. It is necessary to keep the shipping receipt and an inventory of the attachment (they will be needed to obtain a residence permit or Russian citizenship).
These are all the necessary steps. It is possible to renounce citizenship both in Russia and in Ukraine, since the notarized renunciation of Ukrainian citizenship is sent by mail. Next, you will need to submit an application and documents for a residence permit (if it has not yet been received) or citizenship. We wrote about this here and here.
Required documents
Before going to the Ukrainian embassy, you should make sure that you have a complete package of documents. It should consist of:
- foreign passport;
- applications for termination of citizenship;
- 4 photo cards 3.5x4.5 cm;
- certificates (certificates) about the start of the procedure in the Russian Federation;
- receipts for payment of state duty;
- birth certificate and written consent of the child (for minors).
The father or mother can submit documents for the children.
Filling out an application for renunciation of citizenship and its notarization
Filling out the application is not difficult. The fact is that it is actually filled out by a notary. They already have ready-made forms and a sample application for renunciation of Ukrainian citizenship. The state fee is paid directly at the notary, in cash or by card, i.e. There is no need to go somewhere separately.
The application form for renunciation of Ukrainian citizenship is as follows:
We remind you that it is also necessary to have a copy of this application certified by a notary, since this is what will need to be submitted to the Ministry of Internal Affairs when obtaining a residence permit or Russian citizenship.
When sending an application by a valuable letter with acknowledgment of delivery and a description of the attachment, you will need to take a shipping receipt, which will also be needed in the future as proof of the fact that the application was sent to the Ukrainian Consulate. Although the law does not require you to provide an inventory of the contents, it is recommended to take it from the post office - it is easier to provide the document than to argue with the inspector accepting the documents.
applications for renunciation of Ukrainian citizenship can be found here.
We remind you that submitting an application does not terminate Ukrainian citizenship, since Ukrainian legislation does not contain the concept of “renunciation of citizenship” and defines the procedure for renouncing citizenship. Accordingly, for Ukraine a person remains a citizen of this country. To renounce Ukrainian citizenship, you will need to take a number of actions, which we will discuss below.
What the Ukrainian law “says”
You can cease to be a Ukrainian citizen in connection with the loss of citizenship or in connection with renunciation of it. The loss is usually initiated by the state if a person has committed some actions incompatible with the title of citizen.
But only the citizen himself can initiate an exit. But this is still not enough. It is necessary that the state respond positively to his petition. Then, by mutual consent of the person and the state, the citizen ceases to be such and receives documents confirming this fact.
Exiting Ukrainian citizenship in 2021 – detailed step-by-step procedure
At the beginning of the article we already wrote that, according to Art. 18 of the Law of Ukraine “On Citizenship of Ukraine” dated January 18, 2001 No. 2235-III, citizens who permanently reside abroad can submit a petition to renounce Ukrainian citizenship.
In order to carry out the procedure for renouncing Ukrainian citizenship, you will need a foreign passport - i.e. document proving the identity of a citizen of Ukraine abroad. It can be obtained both through the Ukrainian consulate in Moscow and in Ukraine. In addition, you will need to complete the procedure for leaving for permanent residence in the Russian Federation. The last step will be submitting an application to the consular office to renounce Ukrainian citizenship.
Obtaining a foreign passport through the Consular Section of the Ukrainian Embassy in the Russian Federation
To obtain a foreign passport, you will need to apply to the Consular Section of the Ukrainian Embassy in the Russian Federation in Moscow, or any other Ukrainian Consulate in Russia. Address in Moscow: 125009, Moscow, Leontyevsky lane, 20.
The following documents will be needed:
- Application form. It is generated electronically when submitting documents. Accordingly, there is no need to separately search for its form and fill it out.
- Passport of a citizen of Ukraine or other document confirming identity and citizenship.
- A document confirming the permanent residence or temporary stay of a citizen of Ukraine abroad (a document confirming registration in the Russian Federation, for example a residence permit with a registration stamp or another).
- A copy of the migration card.
- TIN.
- Birth certificate.
- Marriage certificate (if available).
- Receipt of payment of the consular fee (90 US dollars or 5685 rubles).
It takes 3 months to issue a foreign passport.
Obtaining a foreign passport without leaving Ukraine
Documents are submitted to a division of the State Customs Service of Ukraine or to the center for the provision of administrative services (TSNAP). The cost depends on the production time. 20 days – 557.32 hryvnia, 3 days – 810.32 hryvnia.
The following documents will be needed:
- Application form. It is printed by the employee receiving the documents, i.e. no need to fill out in advance.
- Passport.
- Birth certificate.
- Receipt for payment of state duty.
The application is processed from 3 to 20 days (depending on the selected period of receipt and the amount of state duty paid).
Departure for permanent residence in Russia and registration of permanent residence (permanent residence)
You can complete the procedure both in Ukraine and in Russia (through the Ukrainian Embassy in Moscow or another city in the Russian Federation). In the first case, the procedure is suitable for those who have not yet been discharged from their place of residence in Ukraine, and in the second - for those who have been discharged using an internal passport in Ukraine. Let's look at both procedures.
To complete the process at the Ukrainian Consulate you will need:
- Application form in 4 copies. To be filled out directly at the consular department.
- Certificate from the place of permanent residence in the Russian Federation (residence permit, temporary residence permit, or a copy of the passport of a citizen of the Russian Federation) with copies in 4 copies.
- Photocopies of the passport of a citizen of Ukraine – 4 copies.
- 4 photographs – color, without corners, 35 by 45 millimeters. They need to be pasted into the forms.
- Notarized copies of birth certificate – 4 pieces.
- Notarized copies of the marriage certificate (if married) – 4 pieces.
- Notarized certificate of change of full name (if changed).
- Notarized copies of birth certificates for children under 18 years of age (if there are children) – 4 copies.
- Notarized consent of the applicant's parents and one of the spouses living in Ukraine about the absence of material claims against the applicant and objections regarding permanent residence in Russia - original and 3 notarized copies. If parents or spouse are deceased, 4 notarized copies of death certificates are provided.
- Notarized statement of the second parent living in Ukraine about his consent that the child will leave with the other parent for permanent residence in the Russian Federation - original and 3 notarized copies.
- Receipt of payment of the consular fee (about 12,000 rubles).
A positive decision on granting a request for permanent residence is made within six months.
Based on the results of the review, in addition to the decision, the following document will be provided:
Accordingly, in order to put a stamp on departure for permanent residence in your passport, you will need to return to Ukraine, to your place of residence (to visit the migration service). If for some reason there is no opportunity or desire to return, you can issue a power of attorney to another person.
To undergo the procedure in Ukraine, you will need:
- A copy of all pages of the passport.
- A copy of the identification code.
- Notarized copy of the birth certificate.
- Notarized copy of the change in name (for those who changed).
- Statement from the parents of consent to travel abroad of an applicant for permanent residence in the Russian Federation, certified by a notary. If the parents are not alive, a notarized copy of the death certificate.
- Notarized certificate of marriage and divorce (if these documents are available).
- Your spouse’s consent to your travel abroad, certified by a notary.
- Consent for the departure of children aged 14 to 18 years, certified by a notary.
- Notarized copies of children's birth certificates.
- For men - a copy of the military ID.
- Certificate of no criminal record.
- A copy of a foreign passport.
- 2 photos 35 by 45 mm.
- Receipt for payment for migration service services (about 200 hryvnia).
- Application - filled out on the spot, issued by a migration service employee.
Documents are submitted to the migration service at the place of residence. The decision is made within 3 months, and as a result of the procedure, the necessary stamp is placed in the passport about departure for permanent residence in the Russian Federation.
Registration of renunciation of Ukrainian citizenship
In order to renounce Ukrainian citizenship, you will need to submit the necessary documents to the Consular Section of the Ukrainian Embassy in the Russian Federation.
The following papers will be needed:
- 4 photographs measuring 35 by 45 mm.
- 4 applications for renunciation of Ukrainian citizenship.
- 4 photocopies of a foreign passport (do not forget that you must put a mark on permanent residence in it).
- A document confirming the possibility of admission to Russian citizenship - 4 copies of the notification of the possibility of admission to Russian citizenship (if you received it through participation in the program for native Russian speakers), or a certificate from the Main Directorate for Migration of the Ministry of Internal Affairs stating that documents for citizenship have been submitted (with 3 copies), or 4 copies of a passport of a citizen of the Russian Federation (if you have already become a citizen of Russia).
- Receipt for payment of the consular fee ($300 or 18,940 rubles).
The period for consideration of the application is up to 1 year. Citizenship is terminated from the moment the President of Ukraine issues a corresponding decree.
Thus, in order to obtain Russian citizenship, Ukrainians must first send a notarized renunciation of Ukrainian citizenship to the Ukrainian Consulate. A sample of renunciation of Ukrainian citizenship from a notary is available for download in the article. However, refusal does not mean that the Ukrainian will cease to have Ukrainian citizenship. In order to renounce Ukrainian citizenship, you will need to go through the procedure described above.
