The law on multiple citizenship: how will case law change?

Advantages of introducing multiple citizenship

The introduction of multiple citizenship is a step that will have an extremely broad impact not only on the legal sphere but also on public life in general. This will place Ukraine among more than 120 countries worldwide whose legislation already permits multiple citizenship.

Firstly, it expands mobility opportunities: an additional citizenship provides Ukrainians with greater freedom of movement and access to labour markets, education, and healthcare services in other countries. This is particularly important for those seeking new opportunities for themselves or their children abroad.

Secondly, multiple citizenships offer an added layer of security—it serves as a kind of “backup option” on the world map, especially under martial law in Ukraine, allowing individuals to feel like full members of another society as well.

Thirdly, having another citizenship generally grants access to a range of additional rights and opportunities—from social guarantees to the investment markets of other states. This can help broaden horizons for both economic activity and personal development.

However, the benefits are not limited to Ukrainian citizens. Foreign nationals may also gain from the reform. For foreigners who own businesses or are interested in investing in Ukraine, dual citizenship offers the opportunity to move freely between Ukraine and their home country. This opens up broader possibilities for various forms of economic activity.

Equally important is the national-level significance of this reform. The recognition of multiple citizenships will allow Ukraine to strengthen ties with its diaspora, many of whom were previously forced to choose between retaining their Ukrainian citizenship or acquiring that of another country. This choice will no longer be necessary, which in the long term will serve as an additional incentive for the return to Ukraine of investments, innovations, and knowledge accumulated by Ukrainians abroad.

Last but not least, the Resolution of the Cabinet of Ministers of Ukraine No. 1412 of 5 November 2025 “On the Approval of the List of States Whose Citizens (Nationals) Acquire Ukrainian Citizenship under a Simplified Procedure” is another important step in the development. Under this Resolution, once the relevant law enters into force, a simplified procedure for acquiring Ukrainian citizenship will become available to nationals of five states: Canada, Germany, Poland, the United States of America and the Czech Republic. This will significantly ease their integration and allow foreign nationals from these countries to become part of Ukrainian society without the need to go through a lengthy bureaucratic process.

As a result, these changes will contribute to Ukraine’s development while enhancing its attractiveness to investors and potential citizens from around the world.

Current state of case law

At the same time, it should be borne in mind that even once the law on multiple citizenship enters into force, its practical application is unlikely to proceed smoothly in all cases. Experience shows that issues related to Ukrainian citizenship often become the subject of judicial proceedings. Such cases typically involve individuals challenging decisions, actions, or inaction of public authorities, as well as seeking to establish legal facts concerning their citizenship.

Today, citizenship-related disputes can broadly be divided into two main categories: cases concerning the acquisition of Ukrainian citizenship and cases concerning its loss. A clear example of the first category includes situations in which refusals by the State Migration Service of Ukraine to admit a foreign national or stateless person to Ukrainian citizenship are appealed. The second category includes cases in which, for instance, presidential decrees terminating a person’s Ukrainian citizenship are challenged.

Particular attention should also be given to cases involving the establishment of facts of legal significance in matters related to citizenship. In such proceedings, individuals apply to the court not to resolve a dispute with a specific public authority, but to have certain life circumstances formally recognised, where the determination of those circumstances is directly relevant to the resolution of an issue concerning Ukrainian citizenship. For example, this may involve establishing the fact of permanent residence in Ukraine or the loss of citizenship of another state.

Prospects for the development of case law

Case law in citizenship-related matters, which already encompasses hundreds of cases and continues to evolve actively, is destined to undergo even more significant transformation following the introduction of multiple citizenship and other major legislative changes.

To begin with, a rise in new court proceedings should be expected in connection with the need to establish legal facts that will be decisive for recognising multiple citizenship. For example, parents may be required to demonstrate that their child, born abroad into a mixed family, has held both Ukrainian and foreign citizenship from birth, as documents issued by other states are not always automatically recognised in Ukraine. In cases involving the adoption of a Ukrainian child by foreign nationals, it may be necessary to establish whether the child has acquired the citizenship of their adoptive parents, as this will determine the child’s future legal status. There may also be cases where Ukrainian citizens will argue that, due to the operation of foreign laws, they automatically acquired an additional citizenship – even in the absence of supporting documents.

Another distinct category will comprise disputes arising from applications for Ukrainian citizenship under the simplified procedure. Foreign nationals who are refused admission under this procedure are likely to challenge the decisions of public authorities, seeking to demonstrate that they were unlawfully deprived of the relevant right.

Further area of case law is expected to concern examinations in the fundamentals of the Constitution of Ukraine, the history of Ukraine and proficiency in the state language – the successful completion of which will be required for the acquisition of Ukrainian citizenship. It is foreseeable that many applicants may challenge not only the examination results, but also procedural violations in the conduct of such assessments.

Consequently, the introduction of multiple citizenship will substantially broaden the scope of case law, requiring courts to develop new approaches and standards in this particularly sensitive area. For both Ukrainian citizens and foreign nationals, this will reinforce the importance of judicial protection, making the timely involvement of qualified legal professionals essential for the successful resolution of future disputes and legal issues related to citizenship.