Banning second citizenship in Ukraine: how children born in the USA can suffer - ForumDaily
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The prohibition of second citizenship in Ukraine: how children born in the USA can suffer

Фото: Depositphotos

Фото: Depositphotos

In Ukraine, with a new force talking about prohibition of dual citizenship. Several officials suspected of corruption were found to have passports from other countries. After this, President Poroshenko proposed automatically depriving Ukrainians of citizenship with multiple passports. The Ukrainian diaspora in America was indignant - because of this innovation, according to their calculations, About 5 million overseas Ukrainians will lose citizenship. In addition, children of Ukrainian parents born in the United States may be at risk - now they automatically receive both American and Ukrainian citizenship. ForumDaily figured out the intricacies of Ukrainian legislation and found out how Ukrainian citizenship is now obtained for a child born in the United States.

Everything that is not prohibited is permitted

Although dual citizenship does not apply in Ukraine, not everything is clear on this issue. Officials are reluctant to talk about this, but, in fact, there is neither a direct permission nor a direct prohibition of dual citizenship - Ukrainian legislation does not recognize it in principle. The press service of the Migration Service of Ukraine confirmed to ForumDaily that no punishment is provided for a Ukrainian citizen for having citizenship of other countries.

Civil law lawyer Yana Shapiro emphasizes: “The Law “On Citizenship of Ukraine” does not mention such a concept as “dual citizenship” at all. That is, there are absolutely no prohibitions or legal regulations of such relations. This law also specifies the fundamental principles on which the institution of citizenship in Ukraine is based. One of these principles - “single citizenship” - states that if a citizen of Ukraine has acquired the citizenship of another country, then in legal relations with Ukraine he is recognized only as a citizen of Ukraine. If a foreigner has acquired Ukrainian citizenship, in legal relations with Ukraine he is also recognized only as a citizen of Ukraine.”

Ukrainian Consul in Chicago Igor Bodnar explains: “A person can have several citizenships. But in each country he will have the rights and responsibilities that the given state provides him as its citizen. He will not be able to wave an American passport in Ukraine and impose the requirements that he is granted as an American citizen on US territory. The concept of “dual citizenship” and “two citizenships” are different things. Each country will consider him only its citizen.”

Legislative know-how

This state of affairs existed for more than 20 years and no one really cared. However, during the investigation of the latest corruption scandals in Ukraine, it turned out that the suspected officials and deputies have passports of other states, and often more than one. Even unofficial data was voiced that almost every third Ukrainian deputy is a citizen of another country. President of Ukraine Petro Poroshenko subsequently submitted to the Verkhovna Rada a bill banning dual citizenship. The document obliges a Ukrainian who has received a passport of another state to renounce Ukrainian citizenship. Those citizens of Ukraine who will have several passports at the time the law comes into force must renounce their foreign citizenship within six months.

The bill caused a flurry of criticism from all sides. Ukrainians abroad were indignant and worried. According to estimates of the Public Association of Ukrainians in the United States Razom for Ukraine, the adoption of such a law will lead to automatic deprivation of citizenship of about 5 millions of Ukrainians.

“We consider the President’s initiative to limit the rights of foreign Ukrainians ill-considered, and also such that it will lead to negative consequences for Ukraine due to the loss of significant support for Ukrainians in other countries that today are an outpost of lobbying Ukraine’s interests,” they said. Ukrainian Americans called the bill anti-state and urged it not to take.

In Ukraine, it was proposed to extend its effect only to officials and deputies. In general, 3 has already registered various bills on this issue in the parliament, and it’s unclear how the battle of initiatives will end.

Two in one: American and Ukrainian citizenship

The issue of American and Ukrainian citizenship arises in 2 cases:

  1. when a Ukrainian goes through a naturalization process and becomes a US citizen;
  2. when a child is born in the United States and one or both of his parents are Ukrainians, in this case, by birth, he immediately receives the right to American and Ukrainian citizenship.

The current legislative conflict allows in both cases to have both American and Ukrainian citizenship.

The Migration Service of Ukraine explains: this is the right of a citizen, and not the obligation to renounce Ukrainian citizenship after undergoing the naturalization procedure in the United States. Accordingly, no one punishes for the fact that after acquiring American citizenship, a person will also keep a Ukrainian passport.

Фото: Depositphotos

Фото: Depositphotos

Similarly, a child born in the United States to Ukrainian parents can, in addition to his American citizenship, easily become a citizen of Ukraine.

“According to Article 7 of the Law of Ukraine on Citizenship, a child who, at the time of his birth, at least one of his parents is a citizen of Ukraine, also receives Ukrainian citizenship. The consular office issues a certificate of the established form confirming that the child has Ukrainian citizenship, signed by the consul. And this certificate is a complete replacement for the Ukrainian birth certificate,” says Ukrainian Consul in Chicago Igor Bodnar.

How to get Ukrainian citizenship for an American child

One of the parents of the child must provide the consulates of Ukraine in San Francisco, Chicago, New York or the embassy in Washington in total several documents:

  1. current Ukrainian passport or other document specified in article 5 of the Law of Ukraine “On Citizenship”, to confirm the fact that the child is a citizen of Ukraine at the time of his birth;
  2. American child's birth certificate with apostille affixed Secretary of state your state;
  3. a translation of this birth certificate, certified by a notary. If the translation was made and notarized in the United States, then an apostille is also needed for his signature. If the translation was done in Ukraine and it was assured by a Ukrainian notary, then the second apostille on the document is not needed.
  4. statement for the acquisition of Ukrainian citizenship for the child.

“The parent signs an application at the consulate and after 7 working days we issue a certificate stating that the child is a citizen of Ukraine. With this certificate, the child will be able to obtain a Ukrainian passport, a foreign passport and all the necessary documents in the future. Moreover, the consulate issues a certificate confirming that the child has Ukrainian citizenship free of charge,” Ukrainian Consul in Chicago Igor Bodnar explained to ForumDaily.

Ukrainian Yana Klimova from Odessa gave birth to a child in Los Angeles long before all this legislative fever. Returning to her homeland, in 2014 she began to obtain Ukrainian citizenship for her child through the Ukrainian Consulate in San Francisco. I submitted all the necessary documents. As a result, it took a week and a half to obtain Ukrainian citizenship for the child. “The documents from the consulate arrived in 10 days. I, however, called the consulate with a request to speed up the process. In general, on the consulate’s website they write that this can take up to a month,” Yana clarifies.

 

But for Ukrainian Liza (she asked not to give her last name), obtaining Ukrainian citizenship for an American daughter turned into a catastrophe.

“My daughter is 10 years old, she was born in the USA. My daughter has an American passport, an American birth certificate, a social security number (SSN), I received all this in the USA immediately after giving birth. But when I left the States, I did not get an apostille on my American birth certificate,” says the girl.

Reference: An apostille is a confirmation by the state of the fact that a document is signed by the person actually indicated on the document, who has the authority to do so. This is a form of legalization of documents issued in other countries. In Ukraine, they don’t know what, for example, an American birth certificate should actually look like. Therefore, the relevant authority puts its stamp on it - an apostille. And thereby confirms its authenticity.

In Ukraine, Liza did not receive any documents for a child, as she decided that the American birth certificate would be enough. Social benefits did not receive. The child went to kindergarten, now attends school. During the holidays, the girl often traveled around Ukraine, and did not leave the country.

“When the grandmother wanted to take the girl and go to the States with her, it turned out that not a single notary wanted to certify the child’s exit permit, since there was no apostille on her birth certificate,” says Lisa. No matter how hard she tried to get an apostille while in Ukraine, she was unsuccessful - this can only be done in the States.

As a result, the grandmother had to fly to the USA and, on Lisa’s behalf, obtain an apostille on the child’s birth certificate. “It’s better and easier to resolve all issues with registration on the spot while you are still in the USA, because there it takes 2-3 days maximum and without spending as much time and money as I did. Be careful with such an important nuance as an apostille,” Lisa shares her experience.

Фото: Depositphotos

Фото: Depositphotos

Olga from Kiev also gave birth to a child in the USA. After receiving a certificate at the consulate on the acquisition of a child of Ukrainian citizenship and putting an apostille on the US birth certificate, in January 2016, she returned with the child to Ukraine. I registered a child for 2 of the week, and then made payments on child birth in Ukraine.

“The local social security department makes an appointment 2 weeks in advance, and the whole procedure, if you have all the required documents, takes 20 minutes. The first payment was in 1,5 - 2 months,” Olga shares.

If in Ukraine citizens are prohibited from having 2 citizenship, children born in the USA will be one of the categories that will suffer the most. Parents will be forced to make a choice: either not to receive Ukrainian citizenship for a child, thus losing all social benefits, or to refuse American citizenship, closing a wide window of opportunities for their children.

It is not yet clear how Ukrainian legislators plan to change the process of obtaining Ukrainian and American citizenship for children. However, the risk that “they wanted the best, but it turned out as always” is quite large. It is unlikely that it will be possible to overcome corruption in Ukraine with the help of such a measure, and it is easy to turn the Ukrainian diaspora against itself and take away the prospects of children if they have to renounce American citizenship.

See also:

In Ukraine, they want to deprive citizenship of persons with dual citizenship

How to get US citizenship, if the spouse - American

10 steps to naturalization: the process of obtaining US citizenship

9 links to help prepare for the naturalization test

Updated answers to tests during naturalization

Miscellanea US citizenship Ukrainian citizenship
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