Residence and Acquisition of Ukrainian Citizenship by Foreigners Serving in the Armed Forces of Ukraine: Everything You Need to Know
Inhaltsübersicht
- Under what conditions can foreigners serve in the Armed Forces of Ukraine?
- What are the rights of foreigners serving in the Armed Forces of Ukraine?
- Right to stay in Ukraine for foreigners in the Armed Forces of Ukraine
- How can foreign servicemen in the Armed Forces of Ukraine obtain Ukrainian citizenship?
- What changes were adopted in the new draft law No. 9585?
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Foreigners recruited for military service in the Armed Forces of Ukraine have a legal right to stay in Ukraine. However, some requirements must be met to obtain citizenship. Learn more about the rules of residence/acquisition of citizenship for foreign military personnel in Ukraine
Following the Law of Ukraine “On Military Duty and Military Service”, foreign nationals may be enlisted for military service. Thus, by the Regulation on Military Service in the Armed Forces, approved by Presidential Decree No. 248/16 of June 10, 2016, citizens of other states and stateless persons legally residing in Ukraine may be enlisted for military service under a contract.
Presidential Decree No. 82/2022 of 28.02.2022 “On the Temporary Introduction of a Visa-Free Regime” provides for the introduction of a visa-free regime for foreigners seeking to perform military service under a contract, except for citizens of the aggressor country, starting from March 1, 2022. However, this does not exempt from the need to obtain a transit visa through the EU or other countries, if it is provided for by the rules of the foreigner's country of origin.
In our previous article, we discussed whether foreign nationals with a residence permit in Ukraine need a visa.
Under what conditions can foreigners serve in the Armed Forces of Ukraine?
Foreigners and stateless persons have the opportunity to serve in the Armed Forces of Ukraine under a contract, by the provisions of the Law of Ukraine “On Military Duty and Military Service”. They can hold the positions of private, sergeant and sergeant major.
Candidates can be persons who have no criminal record, are legally residing in Ukraine and meet the requirements: they are of suitable age, physically fit for service, have passed a professional and psychological selection and have the required level of physical fitness.
To begin the contracting process, foreigners apply to the military commissariat at their place of residence. Detailed conditions of admission, professional and psychological selection, the form of the contract and the rules for its conclusion are determined by the Decree of the President of Ukraine No. 248/2016. This document regulates the procedure for concluding and terminating a contract, assigning military ranks and other legal aspects of foreigners' service.
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What are the rights of foreigners serving in the Armed Forces of Ukraine?
Legislation provides for the possibility for foreigners who defend our country in the Armed Forces to obtain temporary residence permits, immigration permits and Ukrainian citizenship. In this way, the government recognizes their services to Ukraine and provides legal support to them and their families.
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Right to stay in Ukraine for foreigners in the Armed Forces of Ukraine
Foreigners and stateless persons (STPs) who have signed a contract with the Armed Forces of Ukraine and participate in the defense of the state have the right to stay in Ukraine legally. A contract with the Armed Forces of Ukraine or a military ID card is the basis for a long-term stay, provided that the foreigner has a valid passport or other identity document.
Foreigners who have signed a contract with the Armed Forces of Ukraine do not need to apply for a residence permit, as the duration of their stay in the country is determined by the duration of the contract. The contract can be automatically extended or terminated at the request of the serviceman, except during the period of military operations.
Upon completion of the contract, foreigners need legal grounds for further stay in Ukraine, as provided for by migration legislation. If they have the necessary documents, they can apply for an immigration permit and obtain a permanent residence permit.
Foreigners who continue to serve, have state awards or recommendations from the Ministry of Defense can obtain Ukrainian citizenship under a simplified procedure.
Also, foreigners and FDPs who provide instructional assistance, according to the Law “On the Legal Status of Foreigners and Stateless Persons,” can obtain a residence permit. The procedure is defined by the Resolution of the Cabinet of Ministers of Ukraine No. 322 and is carried out at the request of the unit commander or the submission of the Ministry of Defense.
To learn more about how to avoid mistakes in paying the military fee and fulfill your duties to the state in a timely manner, please follow the link.
How can foreign servicemen in the Armed Forces of Ukraine obtain Ukrainian citizenship?
Service in the Armed Forces of Ukraine is a way to obtain citizenship. Thus, according to Article 9 of the Law of Ukraine “On Citizenship of Ukraine”, a foreigner or stateless person may be admitted to Ukrainian citizenship upon their application.
The conditions for admission to Ukrainian citizenship are the simultaneous fulfillment of the following requirements:
1. Recognition and observance of the Constitution of Ukraine and laws of Ukraine.
2. Submission of a declaration on the absence of foreign citizenship (for stateless persons) or an obligation to terminate foreign citizenship (for foreigners).
3. Continuous legal residence on the territory of Ukraine for the last 5 years, except for persons who:
- Married to a Ukrainian citizen for more than 2 years;
- Persons who have been married to a citizen of Ukraine for more than 2 years, which was terminated due to his/her death;
- Persons recognized as refugees;
- Persons performing military service in the Armed Forces of Ukraine under a contract;
- Persons who serve in the Armed Forces of Ukraine under a contract and have been awarded a state award;
- Persons with outstanding services to Ukraine;
- Persons whose admission to citizenship is of national interest to Ukraine;
- Persons who have been granted a temporary residence permit by part 20 of Article 4 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”.
4. Obtaining an immigration permit, except for persons who:
- Perform military service in the Armed Forces of Ukraine under a contract;
- Serve in the Armed Forces of Ukraine under a contract and have been awarded a state award;
- Have outstanding services to Ukraine;
- whose citizenship is of national interest to Ukraine;
- Have received a temporary residence permit by part 20 of Article 4 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”.
5. Proficiency in the state language by the level established by the legislation of Ukraine. It is confirmed by a certificate of proficiency in the state language issued by the National Commission for State Language Standards based on the results of the exam. Does not apply to the categories of persons described in the previous paragraph.
6. Availability of legal sources of subsistence, except:
- Persons recognized as refugees;
- Persons serving in the Armed Forces under contract and awarded a state award;
- Persons who have outstanding services to Ukraine;
- Persons whose admission to citizenship is of national interest to Ukraine.
At the same time, there are several legislative initiatives to streamline the process of obtaining Ukrainian citizenship by verified foreign veterans.
Earlier, we told you that the Ukrainian government is trying to return refugees to their homeland by promising them jobs in the defense sector and a reservation from mobilization.
What changes were adopted in the new draft law No. 9585?
The Verkhovna Rada adopted draft law No. 9585, which enshrines a number of innovations regarding the procedure for acquiring Ukrainian citizenship by foreign military personnel in the Armed Forces of Ukraine, as well as their family members.
It is now possible to obtain a residence permit or citizenship even based on expired passports. Also, foreigners and stateless persons who participate in the defense of Ukraine as part of territorial defense or volunteer formations can apply for a temporary residence permit.
Family members of military personnel who have signed a contract to serve in the Armed Forces of Ukraine, the National Guard or the State Special Transport Service are also eligible for a temporary residence permit.
For citizens of russia and belarus who acquired Ukrainian citizenship after February 24, 2022, there is a requirement to submit a document on the termination of foreign citizenship within a year after the end of martial law. During this period, citizenship applications from Russian citizens are suspended to ensure national security.
Persons who obtained citizenship during martial law must pass exams on the fundamentals of the Constitution, the history of Ukraine, and the Ukrainian language. The military has two years after the end of martial law to fulfill these obligations.
Do the special requirements apply to citizens of belarus and russia?
The special requirements for obtaining Ukrainian citizenship do not apply to certain categories of citizens of russia and belarus. Among them:
- Persons with outstanding services to Ukraine, those whose citizenship is of state interest, and their family members;
- Military personnel who have signed a contract with the Armed Forces of Ukraine, the National Guard or the State Special Transport Service, including those who have received state awards, as well as their family members;
- Persons who terminated their contract for health reasons;
- Participants of territorial defense or volunteer formations that defended Ukraine, as well as their family members;
- Minor children with legal grounds for obtaining Ukrainian citizenship.
These categories have a simplified approach to citizenship procedures.
If you have any questions about obtaining Ukrainian citizenship, or need professional advice on how to prepare documents and submit applications to the relevant institutions, please contact the migration lawyers on the Visit Ukraine platform. Our specialists will provide full support in resolving legal issues, as well as provide one-time consultations.
We remind you! Visa-free regime simplifies entry to Ukraine, but a residence permit is required for long-term stay. Read more about how to apply for a residence permit, what documents are required, and whether the possibility of visa-free entry to Ukraine affects the entire process.
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Häufig
gestellte Fragen
Können sich Ausländer legal in der Ukraine aufhalten, wenn sie einen Vertrag mit den Streitkräften der Ukraine unterzeichnet haben?
Welche Rechte haben ausländische Militärangehörige bei den Streitkräften der Ukraine?
Können Familienangehörige von ausländischen Militärangehörigen eine Aufenthaltserlaubnis erhalten?
Welche Voraussetzungen müssen Militärangehörige erfüllen, um die ukrainische Staatsbürgerschaft zu erhalten?
Gibt es besondere Anforderungen für Bürger von Belarus und Russland?
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