Ukraine: Clarification of an apparent discrepancy between the citizenship law (Articles 2 and 12) and a telex from External Affairs on whether a person born in Ukraine is automatically a Ukrainian citizen or must elect to become one within a year of the adoption of the law
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 February 1993 |
| Citation / Document Symbol | UKR12953 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Ukraine: Clarification of an apparent discrepancy between the citizenship law (Articles 2 and 12) and a telex from External Affairs on whether a person born in Ukraine is automatically a Ukrainian citizen or must elect to become one within a year of the adoption of the law, 1 February 1993, UKR12953, available at: https://www.refworld.org/docid/3ae6ac4dac.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Article 2 of the law On Ukrainain Citizenship outlines who is considered to be a citizen of Ukraine (Pravda Ukrainy 14 Nov. 1991). According to subsection 1 of this Article, "persons who at the moment of the entry of this law into force have been living in Ukraine...and who are not citizens of other states and have not spoken out against aquiring citizenship of Ukraine" are Ukrainian citizens. However, subsection 2 of this Article states that the following are also citizens:
persons working for the state, doing military service, or studying outside Ukraine, on condition that they were born on its territory or can prove that they have been residing permanently on its territory, and who are not citizens of their states, and who no later than one year after entry of this law into force express a desire to become citizens of Ukraine.
The telex from External Affairs Canada (3 Jan. 1992) merely provides a summary of the "salint [sic] points" of the Ukrainian law on citizenship. Point 3 of the telex appears to be simply a synthesis of both subsections of Article 2. In a telephone interview on 7 August 1993, a consular official at the Embassy of Ukraine in Washington stated that persons who left Ukraine before November 1991 must fill out an application for Ukrainian citizenship as citizenship is not received automatically by those not resident in Ukraine at the time the law entered into force.
Article 12 of the law defines the grounds on which an individual acquires Ukrainian citizenship. The telex from External Affairs appears to make no reference to this article.
References
Embassy of Ukraine, Washington. 7 August 1992. Telephone Interview with Official.
External Affairs Canada. 3 January 1992. Telex on Ukrainian Citizenship Law.
Pravda Ukrainy. 14 November 1991. "Ukrainian Law 'On Ukrainian Citizenship'." (FBIS-USR-91-962 30 Dec. 1991)