How do you get Ukrainian citizenship by territorial origin?

Who qualifies

Article 8 of the Law "On Citizenship of Ukraine" No. 2235-III gives a foreigner or a stateless person the right to citizenship by territorial origin. The condition is that the person, or at least one of their relatives, was born or permanently lived before 24 August 1991 on a territory that became Ukrainian territory under the Law "On Succession of Ukraine". The law counts the following people as relatives:

Children of a person who qualifies have the right as well. How this route compares with the others is explained in the guide to the ways of obtaining Ukrainian citizenship.

• parents;
• grandfathers and grandmothers;
• great-grandfathers and great-grandmothers;
• brothers and sisters, both full and half siblings;
• sons and daughters;
• grandsons and granddaughters.

Historical territories

A second part of the rule covers other territories. It applies where, at the time of a relative's birth or residence, the place belonged to one of these states:

For these territories the list of relatives is shorter. It covers the person themselves and their parents, grandparents, great-grandparents and siblings.

This rule helps descendants of people who lived on land that later became part of neighbouring states. Your main task here is to prove that the relative's place of birth or residence belonged to one of these states on the relevant date.

• the Ukrainian People's Republic;
• the West Ukrainian People's Republic;
• the Ukrainian State;
• the Ukrainian Socialist Soviet Republic;
• Carpatho-Ukraine;
• the Ukrainian Soviet Socialist Republic;
• the Crimean People's Republic;
• the Crimean Autonomous Soviet Socialist Republic.

Children of foreigners with permanent residence

A separate rule in Article 8 covers children born in Ukraine after 24 August 1991 to foreigners holding a посвідка на постійне проживання (permanent residence permit, PRP) who did not acquire Ukrainian citizenship at birth. They also have the right to citizenship by territorial origin. One of the legal representatives files the application, and after reaching adulthood the person can file it themselves. Citizenship by birth is covered in the article on citizenship by birth.

Conditions

Acceptance into citizenship under Article 9 sets conditions on the length of residence, an immigration permit and means of subsistence. Article 8 has none of them. Only two conditions remain. First, the person recognises and complies with the Constitution and laws of Ukraine, which they confirm in the application. Second, they 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.

Who cannot acquire citizenship this way

Citizenship by territorial origin is not available to anyone who would be refused acceptance into citizenship under part 8 of Article 9 of the law. This includes, in particular, people convicted in Ukraine of a grave or especially grave crime until the conviction is expunged, people who committed such a crime abroad and people whose actions threaten national security. Nor can citizenship be acquired by a person whose earlier decision on registering citizenship was cancelled.

Proof of origin

Proving your origin is the hardest part of the case. You need documents on your relative's birth or permanent residence on the relevant territory before 24 August 1991, plus a chain of kinship documents linking you to that relative. These are usually birth certificates for every generation, archive records, old passports with a residence registration stamp, military ID books and employment record books.

Foreign documents are legalised or apostilled and translated, as explained in the article on apostille and legalisation. When a relative's surname changed, for example after marriage, add the marriage certificates so that the chain stays unbroken. The full list is in the article on documents for citizenship.

Document on foreign citizenship

Together with the application you file one of four documents. These are the declaration recognising oneself as a citizen of Ukraine, the undertaking to terminate foreign citizenship, the declaration of renunciation of foreign citizenship and the declaration of absence of foreign citizenship. Which one fits depends on your citizenship. Details are in the article on multiple citizenship.

When you become a citizen

Under Article 8 the date of acquiring citizenship is the date of the decision by the specially authorised bodies, that is, the ДМС (State Migration Service, DMS) or a consulate. No decree of the President is needed for this ground. This is why territorial origin is often a faster route than acceptance into citizenship.

Permanent residence as an alternative

Territorial origin also gives the right to an immigration permit outside the quota, except for former Ukrainian citizens. If the exams feel difficult for now, you can first obtain permanent residence and live in Ukraine, then apply for citizenship later. This is covered in the guide to permanent residence. Foreign Ukrainians have one more route, described in the article on the residence permit for foreign Ukrainians.

Lawyer's experience

Most cases stall on documents rather than on the right itself. A client knows that their grandmother was born in Ukraine, but there is no certificate, and archives take months to reply. So I advise starting with archive requests even before preparing for the exams.

My second tip concerns the chain. A single difference in the spelling of a surname between generations can stop the case, so check all the documents together, not one by one.

When you have Ukrainian roots, I will assess your documents and suggest where to start at a migration law consultation.

Frequently asked questions