Can you get Ukrainian citizenship through marriage?

Marriage does not give citizenship automatically

Article 2 of the Law of Ukraine "On Citizenship of Ukraine" No. 2235-III sets the principle that a foreigner does not acquire Ukrainian citizenship automatically by marrying a Ukrainian citizen. Likewise, a citizen does not lose citizenship through divorce. Marriage therefore opens a path to citizenship, but it does not replace the procedure of acceptance into citizenship (naturalization) under Article 9 of the law. The overall picture is in the guide to the ways of acquiring Ukrainian citizenship.

What marriage gives you

The main benefit concerns the residence period. The general rule requires continuous residence in Ukraine for the last five years. This condition does not apply to foreigners who have been married to a Ukrainian citizen for more than three years. Nor does it apply to those who were in such a marriage for more than three years if the marriage ended because the Ukrainian spouse died.

There is one more refinement in the law. The marriage duration requirement does not apply to foreigners who received an immigration permit under Article 4(3)(1) of the Law "On Immigration", that is, as spouses, children or parents of Ukrainian citizens. This group of grounds is described in the article on permanent residence outside the quota.

Which conditions remain

Marriage does not exempt you from the other conditions of Article 9. The applicant must recognise and comply with the Constitution and laws of Ukraine. The applicant must also know the basics of the Constitution and the history of Ukraine and speak the state language at the level set by the National Commission on State Language Standards, which the exams confirm. An immigration permit and lawful means of subsistence are required too.

For the spouse of a citizen the usual order of steps is as follows:

The first stage is covered in the article on a residence permit through marriage, and the second in the guide to permanent residence.

Below, the general conditions are set against those for the spouse of a Ukrainian citizen.

1. 1a посвідка на тимчасове проживання (temporary residence permit, TRP) on the basis of marriage;
2. 2an immigration permit and a посвідка на постійне проживання (permanent residence permit, PRP);
3. 3an application for acceptance into citizenship.

Exams

A citizen's spouse sits the exams on the general terms. Only three groups are exempt from them. These are persons declared legally incapable by a court, persons with a disability related to impaired sight, hearing or speech, and persons with mental disorders confirmed by a medical report. How the exams work is explained in the article on the citizenship exam.

Document on foreign citizenship

Together with the application you file one of four documents. It may be a declaration recognising oneself as a citizen of Ukraine, an undertaking to terminate foreign citizenship, a declaration of renunciation of foreign citizenship or a declaration of absence of foreign citizenship. If the applicant gives an undertaking to terminate foreign citizenship, the document confirming this is filed within two years of acquiring Ukrainian citizenship. More detail is in the article on multiple citizenship.

The couple's children

If the family has a child who is a foreign national, the child has separate routes to citizenship. The law allows acceptance into citizenship of a child who lives in Ukraine and one of whose parents or legal representative holds a permanent residence permit. For such a child the conditions on exams, residence period, immigration permit and means of subsistence do not apply. Where one parent is already a Ukrainian citizen, the child is registered as a citizen at that parent's request. Citizenship of citizens' children is covered in the article on citizenship by birth.

Means of subsistence

The condition on lawful means of subsistence applies to the spouse of a citizen as well. You can meet it with income from work or business, a pension or other lawful receipts. The list of documents and the requirements for them are set by the procedure for considering citizenship applications, so prepare the papers for the most recent period in advance, together with the documents for the exams.

Sham marriage

Already at the immigration permit stage, the ДМС (State Migration Service, DMS) checks the marriage. Article 4-1 of the Law "On Immigration" lists circumstances in which a marriage is not accepted as a ground, such as the absence of a shared household or a common language, and provides for interviews. If the marriage is found to be a sham, that also closes the route to citizenship through it.

How to apply

The application for acceptance into citizenship is filed with the DMS. It comes with the marriage certificate, a document proving the other spouse's citizenship, documents on the immigration permit and on means of subsistence, and proof of the passed exams. The decision is taken by the President of Ukraine, and the date of acquiring citizenship is the date of the decree. The full list is in the article on documents for Ukrainian citizenship.

Lawyer's experience

Spouses of Ukrainian citizens most often expect marriage to bring citizenship straight away. In practice there are several stages, and the longest of them is usually the immigration permit. I advise planning the whole route from the start, so that you never lose a valid ground for your stay at any stage.

My second piece of advice is about language. The state language exam at the required level takes preparation, so it is better to start learning while you are still at the permanent residence stage.

If you are married to a Ukrainian citizen and plan to become one yourself, book a migration law consultation and I will draw up a plan from the residence permit to the decree.

Frequently asked questions