Dual citizenship of Russia and Ukraine is a topical issue for both states. It would seem that it is in their interests to maximally and mutually simplify for their residents the opportunity to obtain citizenship of a neighboring country. However, today the procedures for issuing the desired document have a number of differences and peculiarities in both countries.
What is dual citizenship, how it differs from second citizenship
Dual citizenship means that a resident of a country simultaneously has citizenship of two states, between which an appropriate international treaty has been concluded, i.e. the rights, duties and responsibilities of a person in relation to these states are explained and regulated.
In other cases, we are talking only about two citizenships, i.e. for each of the states, the holder of the passport remains only its citizen. At the same time, a number of countries accept a second citizenship. Others impose restrictions on residents or even, relying on their own legislation, demand that they refuse a second passport.
Russia belongs to the first type of countries, and Ukraine belongs to the second.
How can a Ukrainian obtain Russian citizenship
Before starting the procedure for obtaining a Russian passport, a resident of Ukraine needs to study the legislation relating to this issue.
Is it possible, according to the legislation of Ukraine, to have dual citizenship with Russia
The answer to this question is given by the Constitution and the Law "On Citizenship of Ukraine No. 2235-III dated January 18, 2001". They contain a provision on the impossibility of having two citizenships: in the fourth article of the Constitution and in the second article of the law.
Article 19 develops the situation. According to it, the presence of a passport of another country automatically leads to the loss of the rights of a citizen of Ukraine.
As a punishment, the imposition of imprisonment for 3-10 years or a fine in the amount of:
- 170-510 hryvnia for individuals;
- 850-1700 hryvnia for civil servants and the military.
Due to the imperfection of the legislation, there were cases of seizure of the Ukrainian passport forcibly at the border control.
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How to get a Russian passport for a citizen of Ukraine
For the legal registration of a passport of the Russian Federation in the established general procedure, you should:
- Confirm fluency in the official language;
- Submit proof of 5-year legal stay in Russia;
- State the reasons for requesting citizenship;
- Confirm the availability of housing: own or rented;
- Submit income information;
- Submit a documentary fact of renunciation of past citizenship sent to a foreign country. institutions of the country on the territory of Russia.
Applicants for a Russian passport must:
1. Fill in the migration card at the Russian border checkpoint. At the same time, entry at the moment can be carried out according to the internal passport of Ukraine;
2. Register with the territorial department of the FMS at the place of residence within 5-7 days after entering the country. In this case, you should provide:
- A completed migration card with the specified date of entry and place of residence;
- Identity document (original and copy);
- Confirmed grounds for extension if the period of stay exceeds 3 months.
3. Obtain a temporary residence permit (RVP) with the FMS in Russia. It is a stamp-mark in the passport and allows a Ukrainian to work and live in the region for 3 years.
To apply for a temporary residence permit at the FMS department, you need:
- Completed migration card;
- Identity document;
- Honey. certificates of absence of infections, drug addiction and HIV;
- 2 copies of the application justifying the receipt of the TRP;
- Bank statements or proof of permanent income;
- 2 color photographs 3x4;
- Receipt of payment of state duty (1600 rubles).
RVP is issued on the basis of a special quota determined for a particular region, or outside the quota, but if there is a legal basis for this. The decision to issue a TRP under a quota is made up to 2 months. If there are no quotas, the deadline for granting a TRP may be up to 6 months.
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The recipient of the TRP has the right to apply for a permanent residence permit (residence permit). He is required to:
- Application in duplicate;
- Identity card + copies;
- Migration card;
- Payment of state duty for residence permit (registration cost 2000 rubles);
- Medical certificate and certificate of no criminal record.
Additionally, you may need:
- Birth certificates / passports of children;
- Marriage document;
- Bank statements.
The processing time for an application may vary.
Residence permit is given for a 5-year period. After that, you can apply for Russian citizenship. Since 2018, upon receiving it, a person is obliged to take the oath of a citizen of the Russian Federation.
At the same time, when submitting a request, Ukrainians can obtain Russian citizenship in a simplified manner: the application will be considered faster. Make out RVP not required - the application is submitted immediately for a permanent permit (analogue residence permit) and will be considered for about three months.
Return of Russian citizenship
Articles 13-15 of the Federal Law No. 62-ФЗ dated 05/31/2002 "On Citizenship of the Russian Federation" indicate that former citizens of the Russian Federation can restore a Russian passport. For Ukrainians, depending on the specific life situation, a simplified procedure for the restoration of Russian citizenship is also provided.
But according to the law, the rights to restoration are denied to persons involved in:
- Terrorism and extremist activities;
- Armed revolts and attempts to overthrow the constitutional order of Russia.
Obtaining Ukrainian citizenship by Russians
Next, we will consider how residents of our country can issue a request for a Ukrainian passport.
Does Russian legislation allow you to have dual citizenship with Ukraine?
Russian legislation gives a positive answer. Under Article 62 of the Constitution, you can obtain a foreign passport without losing your own. Article 6 of the Law on Citizenship of the Russian Federation as amended in 2018 only regulates the obligation of a Russian to notify the responsible federal service of the existence of another citizenship or residence permit of another state.
Violation of this rule is fraught with penalties: up to 200 thousand rubles... or otherwise provided for by article 330.2 of the Criminal Code of the Russian Federation.
Obtaining a passport of Ukraine by a citizen of the Russian Federation
Legal registration of a Ukrainian passport by a citizen of Russia is primarily distinguished by the fact that it is necessary to provide confirmation of the termination of the citizenship of another country.
The general procedure for consideration lasts 1-2 years. The candidate must meet the following requirements:
- Recognition of the Constitution of the country and its legislation;
- Stay in the country for 5 years or more;
- Financial solvency;
- Immigration permit;
- Demonstrated knowledge of the language.
By law, to apply for a passport, you must:
- Apply for an immigration permit. In Russia, it is issued under a quota at the consular offices of Ukraine, and in the latter it is issued at the department of the State Migration Service;
- Get a residence permit. It is provided either for 5 years, or indefinitely. It is required to build a package from:
- Statements;
- Copies of an identity document, translated into Ukrainian and certified by a notary;
- Immigration permits;
- Confirmation of no criminal record in two states;
- Certificate of absence of serious diseases (HIV / AIDS, tuberculosis, etc.).
- For minors - permission from both parents.
For a residence permit, you have the right to apply:
- Persons whose direct relatives live in Ukraine;
- A spouse whose marriage was contracted in the country;
- Investors and legally employed in the country;
- Full-time students of Ukrainian universities;
- Scientists or cultural workers;
- Refugees.
The state duty for a residence permit is about 2600 hryvnia. Also, the applicant must obtain a document-permission to renounce Russian citizenship. Terms vary: 1 month - 1 year.
After that, the person living abroad applies to the Ukrainian Diploma. representation, and located in the country - to the local branch of the migration service (or OVIR) in the region of residence. He submits:
- Statement;
- Photos 3x4;
- Received permission for immigration and renunciation of Russian citizenship;
- A document on 5-year residence in the territory of Ukraine;
- Residence permit;
- Confirmation of payment of state duty;
- For men of military age - military ID;
- A document on the state language proficiency and financial solvency.
Upon a positive review, the passport and ID card citizens will be prepared for about 20 days from the date of filing.
A simplified procedure is also envisaged: documents are considered from 2 to 4 months. The decision is made by the migration service or a special presidential commission.
The simplified procedure can be applied to those:
- Who was born or lived in the country until August 24, 1991;
- Who has direct relatives who are citizens of Ukraine.
In this case, the fact of their birth or residence there until August 24, 1991 is important.
Return of Ukrainian citizenship
This issue is regulated by the Law on Citizenship of Ukraine. Refunds are made only for those who were previously a citizen of this state and have lost this status on the basis of a legislative procedure.
Those wishing to restore their Ukrainian passport have the right to apply for a simplified procedure, however, they must submit an appropriate certificate confirming the fact of the legal termination of citizenship by way of withdrawal or loss. Abroad, on the fact of termination of citizenship, a certificate is issued by consular officers of Ukraine. If citizenship was terminated in the country, then you should contact the OVIR.
But not all those who have ceased to be citizens of Ukraine have the right to restore their citizenship. They are deprived of this right if:
- Accused of crimes against humanity;
- Received a verdict from a Ukrainian court for a grave or especially grave crime;
- Convicted abroad for crimes that are, according to the laws of Ukraine, grave or especially grave.
Dual citizenship in Crimea
In 2014, a referendum on reunification with Russia led to a massive change in the citizenship of the inhabitants of the Crimean peninsula. At the same time, the representatives of the new government in Crimea did not confiscate the passports of the former homeland, and the acquisition of Russian citizenship began with a direct application to the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of Russia, and not with the provision of certificates of renunciation of the previous citizenship.
Citizens living in Crimea were also affected by the rule on the need to notify the territorial body of the FMS at the place of residence, but a special reservation was made in relation to them. They were required to inform the FMS about the second passport only when it was issued after January 1, 2016.
Many residents of the peninsula have kept Ukrainian passports. Ukraine considers Crimea to be its own, but under occupation. Therefore, the authorities continue to demand that the Crimeans fulfill their civic obligations to the "homeland" and often declare from the rostrum that they regard their failure to fulfill them as a crime.
Obtaining Russian citizenship by Ukrainians, as well as issuing a passport of a neighboring state to Russians, is not a simple process, but in general it is legally regulated, with the possibility of its simplification in both countries. Difficulties can arise mainly when considering each specific case, but it happens that the persisting difficult political situation between the two states also affects.
