Citizenship of children of foreigners in Ukraine after January 16, 2026: what has changed and why it is important
On January 16, 2026, a new version of Article 7 of the Law “On Citizenship of Ukraine” came into effect in Ukraine—and these changes are of fundamental practical importance for confirming the citizenship of children of a significant category of foreign nationals who reside in or plan to reside in Ukraine. The issue is particularly acute for those who are in Ukraine on a temporary residence permit or long-term visa and are expecting or already have a child born on Ukrainian territory.
What was previously in place: the jus soli principle in the “soft” version
Prior to the entry into force of Law No. 4502-IX of June 18, 2025, Article 7 of the Law “On Citizenship of Ukraine” contained the following wording:
“A person born on the territory of Ukraine to foreign nationals who legally reside on the territory of Ukraine and who has not acquired the citizenship of either parent by birth is a citizen of Ukraine.”
The key phrase is “legally reside.” This broad wording covered any form of legal stay: a temporary residence permit, a long-term D-category visa, general border crossing, or a C-category visa. Parents did not need to have a permanent residence permit—it was sufficient to be legally present in Ukraine at the time of the child’s birth.
In practice, this meant that if two foreigners were legally present in Ukraine—and the child did not acquire the citizenship of either parent by birth—the child became a citizen of Ukraine. The principle of jus soli was applied in a fairly broad sense.
What has changed: “Permanent residence” as a new requirement
The new version of Article 7, which took effect on January 16, 2026, radically changes this requirement. Now, the following wording appears in all relevant parts of the article:
“from foreigners who, at the time of the child’s birth, were persons who, within the meaning of this Law, were permanently residing in the territory of Ukraine.”
“Permanent residence within the meaning of this Law” is not merely a prolonged actual stay. It is a clearly defined legal status, confirmed by a permanent residence permit, which is issued exclusively after obtaining an immigration permit.
Thus, a temporary residence permit—even if the foreigner has been legally residing in Ukraine for years—is no longer grounds for a child to acquire Ukrainian citizenship by birth.
What Is a Permanent Resident Card and Why Is It Difficult to Obtain
A permanent resident card (PRC) is a document issued to a foreign national after they have obtained an immigration permit. It effectively grants the foreign national the same legal status as a Ukrainian citizen in most legal matters, with the exception of political rights.
However, obtaining it is significantly more difficult than in most developed countries.
Quota System. In most cases, immigration permits are granted within the limits of an annual quota set by the Cabinet of Ministers of Ukraine. Quota categories include, in particular, figures in science and culture, and highly qualified specialists in fields requiring development. The quota is limited and has not been increased over the years.
Exempt from the quota are only narrow categories: spouses of Ukrainian citizens (provided the marriage has lasted more than two years), parents and children of Ukrainian citizens, persons of Ukrainian descent, refugees, persons who have resided continuously on the basis of a temporary residence permit for five years, and foreigners who are currently serving or have served in the Armed Forces of Ukraine.
Comparison with other countries. In most EU countries, permanent residence or its equivalent (long-term residency) is granted after five years of legal, uninterrupted residence—without quotas and regardless of employment status. In Poland, the Czech Republic, Germany, and Portugal, this is a standard administrative procedure for any legal resident. In Ukraine, the path to permanent residence for most foreigners is either through marriage to a Ukrainian citizen, after five years of temporary residence, or through a quota that covers a narrow circle of individuals.
A practical problem: a child is born, but has no citizenship
Let’s consider a typical situation that was resolved in practice until January 16, 2026, but has now become a legal dead end.
Two foreign nationals—for example, citizens of Spain or India—are legally residing in Ukraine on the basis of temporary residence permits. They have a child. The child does not acquire the parents’ citizenship by birth—this is a separate issue, which we will discuss later.
Before January 16, 2026: the child was automatically entitled to Ukrainian citizenship—the parents were residing in Ukraine legally.
After January 16, 2026: the child is not entitled to Ukrainian citizenship by birth, since neither parent is a permanent resident as defined by the Law. The child effectively finds themselves at risk of statelessness—the absence of citizenship altogether.
A separate issue: foreigners whose consulates do not issue documents to children in Ukraine
The situation is complicated by the fact that, for a number of countries, obtaining citizenship for a child abroad through a consulate is an extremely difficult or practically impossible process.
Spain is a typical example that has long been the subject of complaints from citizens in Ukraine. For extended periods, the Spanish Embassy in Kyiv failed to issue Spanish documents to newborns within the standard timeframe due to administrative delays, long wait times, and requirements that are difficult to meet while in Ukraine. Parents found themselves in a situation where a child was born in Ukraine but had no Spanish documents—and the only practical solution was to obtain Ukrainian citizenship by birthright. It was this mechanism that allowed the child to have at least one valid document certifying their identity and citizenship and to leave the country with their parents.
After January 16, 2026, this lifeline for parents with temporary status will be cut off.
Similar situations have arisen for citizens of other countries—India, Pakistan, and African nations—where consular infrastructure in Ukraine is limited or where procedures for registering births abroad are lengthy and bureaucratically burdensome.
The principle of Jus Soli: an international context
The principle of jus soli (right of the soil) is one of the two basic principles of acquiring citizenship by birth, alongside the principle of jus sanguinis (right of blood). In its “pure” form, jus soli applies in the United States and Canada: any child born on their territory is a citizen—regardless of the parents’ status.
Most countries apply mixed approaches. In particular, EU countries generally grant citizenship to the child of foreign nationals if at least one parent is a legal long-term resident.
The previous version of Article 7 of the Law “On Citizenship of Ukraine” was closer to this liberal model—requiring “legal residence” as a condition. The new version introduces a significantly stricter approach, requiring specifically permanent resident status. Given that obtaining permanent resident status in Ukraine is significantly more difficult than obtaining a similar status in most EU countries, the actual accessibility of the right to citizenship for foreigners legally residing in Ukraine has sharply narrowed.
The context of wartime and attracting foreign investment
Changes in migration legislation are taking place against the backdrop of several interrelated processes.
The demographic crisis and population outflow. Ukraine has lost millions of people due to forced migration resulting from the full-scale invasion. According to various estimates, between 6 and 8 million Ukrainians remain abroad. Under these circumstances, the issue of attracting and retaining foreigners who are willing to live and work in Ukraine takes on direct economic significance.
Foreign investment and reconstruction. The post-war reconstruction of Ukraine is estimated to cost hundreds of billions of dollars. Attracting foreign specialists, managers, and investors is one of the prerequisites for implementing these projects. The issue of family legal status is a top priority for any foreigner considering long-term residence in Ukraine.
Who is actually going to Ukraine during the war. A mass influx of migrants from developed countries amid active hostilities is an unrealistic scenario. Those who do choose Ukraine are, as a rule, either individuals with deep personal ties to the country (Ukrainian roots, marriage to a citizen) or highly qualified specialists who have come on a specific contract and fundamentally require stability in their legal status for themselves and their families. For them, the issue of a child’s citizenship is not an abstraction but a concrete practical risk.
Stricter requirements for foreign children to acquire citizenship, combined with the objective difficulty of obtaining permanent residence in Ukraine, serve as an additional argument against for a foreigner weighing whether to tie their future to Ukraine.
The time paradox: a permanent residence permit is required before birth, but obtaining it takes years
The law requires that one of the parents have permanent resident status at the exact moment of the child’s birth. Not after, not within a few months—but at that precise moment. This creates a practical paradox that most foreigners simply cannot overcome within a reasonable timeframe in real life.
How long does it take to obtain a permanent residence permit? Formally, the processing time for a permanent residence permit after submitting documents is up to 6 months. In practice, given the backlogs, requests to various agencies, and wartime conditions, the procedure can take even longer.
But before applying for a permanent residence permit, you need a basis for it. And this is where the main problem arises: most foreigners simply do not have grounds for a permanent residence permit, or they require significant prior investment of time or money.
There are only two realistic options for a foreigner without Ukrainian roots and who is not married to a Ukrainian citizen:
Option 1: Five years of continuous temporary residence. A foreign national who has resided legally in Ukraine on the basis of a temporary residence permit for five consecutive years is eligible to apply for permanent residence. In other words, the actual minimum path to permanent residence for most foreigners is: 5 years of temporary residence + up to 6 months to process the permanent residence permit. In total—at least 5.5 years from the moment of arrival in Ukraine. Only after this will the birth of a child grant the child the right to Ukrainian citizenship.
Option 2: An investment in Ukraine’s economy of $100,000. This is a separate basis for obtaining an immigration permit outside the quota. But even in this case, the application process will take time, and permanent residence must be obtained before the child is born.
What this means in practice. A foreigner who has arrived in Ukraine, obtained a temporary residence permit, settled in, and plans to have a child in a year or two cannot ensure the child’s right to Ukrainian citizenship. The legally correct sequence of actions now looks like this: establish grounds for a permanent residence permit → submit documents → obtain a permanent residence permit → and only then plan to have a child in Ukraine. Otherwise, the child risks becoming stateless—a person without citizenship.
This is not a theoretical risk. Statelessness means having no passport, being unable to cross borders freely, and facing difficulties in accessing medical care, education, and any official documents. For a newborn child, this is an extremely serious legal situation that requires an immediate solution.
What to do if the child has already been born or is expected
Situation 1: The child was born before January 16, 2026. If the child was born before this date and the parents were legally residing in Ukraine (for any reason), the child is eligible for Ukrainian citizenship under the previous version of Article 7. Registration can still be completed now—the law does not have retroactive effect. You must contact the State Migration Service with the appropriate set of documents.
Situation 2: The child was born after January 16, 2026, and both parents are temporary residents. The child is not entitled to Ukrainian citizenship by birth. You must immediately contact the consulate of the parents’ country of citizenship to process the child’s documents. If the consulate cannot process the documents quickly, the situation requires legal assistance, including a possible court appeal or the search for alternative grounds for obtaining residency status.
Situation 3: A foreign national plans to reside in Ukraine long-term and is expecting a child. The most effective solution is to obtain permanent residence before the child is born. If one of the parents already has grounds for permanent residence (for example, has been in Ukraine on a temporary residence permit for more than five years)—the procedure should be initiated immediately.
Situation 4: The consulate is not issuing documents for the child. If a foreign state does not issue documents for the child in Ukraine or the procedure is unduly delayed—this is a separate legal situation requiring individual analysis: an appeal to the Human Rights Commissioner, diplomatic correspondence, and a possible appeal to a court in Ukraine regarding recognition of the right to citizenship.
Conclusion
The amendments to Article 7 of the Law “On Citizenship of Ukraine,” which took effect on January 16, 2026, have effectively eliminated the right to citizenship based on residence for children of foreign nationals residing in Ukraine on a temporary basis. The new requirement—permanent residence of at least one parent—is a significantly higher barrier, given the difficulty of obtaining permanent residence in Ukraine compared to similar statuses in EU countries.
Combined with the realities of wartime, the limited consular capacity of several countries, and Ukraine’s need to attract qualified foreign nationals, these changes create a practical problem that requires either legislative amendments or, in specific cases, qualified legal assistance.
If you or your loved ones find yourselves in the situation described, contact Enwolt’s specialists for a personalized consultation. We analyze each case individually: the parents’ grounds for residence, citizenship, available documents, and practical ways to resolve the situation in the child’s best interest.
