Russia: Information on whether the children of military officers withdrawn from Estonia to Russia in 1993 would have Russian citizenship, and if active servicemen in the Russian army and their families stationed in former Soviet republics would automatically have Russian citizenship
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 February 1994 |
| Citation / Document Symbol | RUS16671.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Russia: Information on whether the children of military officers withdrawn from Estonia to Russia in 1993 would have Russian citizenship, and if active servicemen in the Russian army and their families stationed in former Soviet republics would automatically have Russian citizenship, 1 February 1994, RUS16671.E, available at: https://www.refworld.org/docid/3ae6ad8438.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. |
According to information sent to the DIRB in Ottawa by a professor of political science at the University of Toronto with an expertise in Russian-Soviet law, a child of military officers withdrawn from Estonia to Russia in 1993 would have Russian citizenship automatically if his or her parents were Russian citizens and the child was under 18 years of age (23 Feb. 1994). The child's parents would be Russian if they were born in the RSFSR and one of their parents was a citizen of the USSR, or, if the child's parents moved to Russia after 14 July 1993 (ibid.). However, if the child was over 18 years of age, his or her parent's current citizenship and movements would have no bearing on the child's citizenship (ibid.).
According to the source, the wording of section 13.2 of the Russian citizenship law suggests that if the same child were over 18 years old they could be granted citizenship upon making an application (ibid.). However, the source stressed that an application process is necessary, and the law provides for refusals (ibid.).
The source stated that if a person does not qualify under Article 13.2, they may have the right to acquire Russian citizenship by registration under Article 18 (d) (ibid.). The source added that according to the revised version of this article, any former USSR citizen still living in another former republic of the USSR has three years to apply for citizenship by registration (ibid.). The source added that, before 14 February 1993, former USSR citizens in the Baltic States lacked this right since Russia recognized Baltic independence before 1 September 1991 (ibid.). He also stated that this right is far from automatic (ibid.).
The source stated that any former citizen of the USSR already outside that area would not qualify under Article 18, and that they would have to apply for Russian citizenship under Article 19, which requires that a person has lived in the RSFSR for at least three years in order to be eligible (ibid.).
The source added that active servicemen in the Russian army stationed in former republics have, since 14 July 1993, been considered Russian citizens automatically under Article 13.1 (ibid.). Before 14 July 1993, the status of members of the Russian army stationed abroad was not defined by law, and according to the source, individuals were presumably subject to the same rules as other former Soviet citizens and would have to meet the requirements of Articles 13.2, 18 or 19 (ibid.).
For additional information please refer to the attached documents.
This response was prepared after researching publicly accessible information currently available to the DIRB 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.
Reference
Professor of political science, University of Toronto. 23 February 1994. Information faxed to the DIRB, Ottawa.
Attachments
Official Kremlin International News Broadcast. 19 March 1993. "Defense Ministry Press Conference on Recruitment of Armed Forces." (NEXIS)
Professor of political science, University of Toronto. 23 February 1994. Information faxed to the DIRB, Ottawa.
Russia. Supreme Soviet of the Russian Federation. 1992. Law of the Russian Soviet Federative Socialist Republic on Citizenship of the RSFSR. Moscow: Supreme Soviet of the Russian Federation.