Citizenship is a stable political and legal bond between an individual and the state, expressed through mutual rights, obligations, and responsibility. In the legal system of Uzbekistan, citizenship has not only a personal but also a public-law nature, since it determines a person’s affiliation with the state, the scope of his or her political rights, diplomatic protection, and the legal regime of participation in public and state life.
The Republic of Uzbekistan applies the principle of single citizenship: citizenship is uniform throughout the entire territory of the country, and a citizen of the Republic of Karakalpakstan is simultaneously a citizen of the Republic of Uzbekistan. The Law of the Republic of Uzbekistan “On Citizenship of the Republic of Uzbekistan” dated March 13, 2020, No. ZRU-610 also establishes equality of citizens regardless of the grounds for acquiring citizenship, which means that there is no legal hierarchy between persons who acquired citizenship by birth, by admission, by recognition, or by restoration.
From a practical perspective, acquisition of citizenship of Uzbekistan is a multi-stage procedure involving the submission of a petition or application, verification of documents, interagency coordination, consideration of materials by the Commission on Citizenship Issues under the President of the Republic of Uzbekistan, and, in cases established by law, adoption of the final decision by the President of the Republic of Uzbekistan.
In a broad sense, acquisition of citizenship of the Republic of Uzbekistan includes several legal mechanisms:
|
Form of acquisition |
Essence |
|
Acquisition by birth |
A child acquires citizenship by virtue of statutory conditions related to the citizenship of the parents, place of birth, and status of the parents. |
|
Recognition of citizenship |
Applied mainly to stateless persons permanently residing in Uzbekistan, provided that special conditions are met. |
|
Admission to citizenship |
Naturalization of a foreign citizen or stateless person under the general, simplified, or exceptional procedure. |
|
Restoration of citizenship |
Return to citizenship of a person who was previously a citizen of the Republic of Uzbekistan. |
|
Acquisition of citizenship by a child upon change of citizenship of the parents |
A derivative method of acquisition of citizenship by a minor child. |
In a narrow sense, the term “acquisition of citizenship” is more often used in relation to admission to citizenship, that is, naturalization of a foreign citizen or stateless person. The law expressly distinguishes three types of admission to citizenship: the general procedure, the simplified procedure, and the exceptional procedure.
Admission to Citizenship under the General Procedure
The general procedure is the basic model of naturalization. It applies to foreign citizens and stateless persons who meet the statutory criteria.
According to Article 19 of the Law “On Citizenship of the Republic of Uzbekistan,” the general procedure applies if the person: has formalized renunciation of citizenship of a foreign state; from the date of obtaining a residence permit for a stateless person until the date of application, has permanently resided in the territory of Uzbekistan continuously for five years; has a lawful source of livelihood; undertakes to comply with the Constitution; and has command of the state language to the extent necessary for communication.
The law provides exceptions to the five-year requirement. It does not apply to a stateless person who was born and resides in the territory of the Republic of Uzbekistan, or to a stateless person who is married to a citizen of Uzbekistan and, after entering into marriage, has continuously lived together with the spouse in the territory of the country for three years.
Continuity of residence is assessed taking into account departures: the period is deemed continuous if the stateless person left Uzbekistan for a total of no more than 183 days within one year.
The petition under the general procedure must be accompanied by an application form, passport or identification card, or residence permit, marriage certificate or divorce certificate, documents for the child if the child is included in the petition, as well as a document confirming the existence of lawful sources of livelihood.
Admission to Citizenship under the Simplified Procedure
The simplified procedure is aimed at facilitating acquisition of citizenship for compatriots, that is, persons who have a historical, legal, family, or cultural connection with the Republic of Uzbekistan.
According to Article 20 of the Law, the simplified procedure applies to a compatriot who is a foreign citizen or stateless person if he or she has at least one direct ascendant relative residing in the territory of Uzbekistan and being a citizen of the Republic of Uzbekistan; has a lawful source of livelihood; undertakes to comply with the Constitution; and has command of the state language to the extent necessary for communication.
A specific feature of the simplified procedure is that the requirement to have a direct ascendant relative may be waived if the compatriot or members of his or her family have outstanding achievements in science, technology, culture, or sports, or possess a profession or qualification of interest to the Republic of Uzbekistan. In such a case, the petition of the interested ministry or agency becomes relevant.
The simplified admission procedure includes the issuance of a letter of guarantee on the granting of citizenship, subject to the applicant’s renunciation of citizenship of a foreign state. The letter of guarantee is valid for one year and may be extended for another year by decision of the Commission on Citizenship Issues under the President of the Republic of Uzbekistan. Admission to citizenship is carried out by decree of the President after submission of the document confirming renunciation of foreign citizenship.
Admission to Citizenship under the Exceptional Procedure
The exceptional procedure reflects the discretionary powers of the head of state. In accordance with Article 21 of the Law, the President of the Republic of Uzbekistan, based on national interests, may grant citizenship to foreign citizens and stateless persons without applying the requirements established for the general and simplified procedures.
The legal nature of the exceptional procedure is that it is applied not as a standard administrative naturalization procedure, but as a special state-law mechanism based on an assessment of national interests. In such cases, the petition for admission to citizenship under the exceptional procedure is accompanied by a passport, identification card, or residence permit.
Recognition of Citizenship of Stateless Persons
A separate ground for acquisition of citizenship is recognition of citizenship of the Republic of Uzbekistan in respect of a stateless person. This mechanism has social and legal significance, since it is aimed at reducing statelessness and legalizing the legal bond of persons who have lived in the territory of Uzbekistan for a long period of time.
The Regulation on the Procedure for Considering Citizenship Issues of the Republic of Uzbekistan dated March 10, 2021 provides for recognition of citizenship in respect of a stateless person registered at the place of permanent residence in Uzbekistan before January 1, 2005, who has not previously held citizenship of a foreign state and has expressed a desire to become a citizen of Uzbekistan. A stateless person may also be recognized as a citizen if he or she has permanently resided in Uzbekistan for at least fifteen years before the date of application, has not held citizenship of a foreign state during that period, and has expressed a desire to become a citizen.
The application for recognition of a stateless person as a citizen of the Republic of Uzbekistan must be accompanied by an application form, residence permit for a stateless person, documents on marriage or divorce, a certificate on change of surname, first name, and patronymic if such changes occurred, as well as documents confirming entry and registration at the place of permanent residence in Uzbekistan before January 1, 2005, or permanent residence in the territory of the country for fifteen years or more.
The general period for consideration of such an application by internal affairs bodies is three months from the date of submission of the application.
Restoration of Citizenship
Restoration of citizenship is an independent method of acquisition of citizenship for persons who were previously citizens of the Republic of Uzbekistan. A person has the right to apply for restoration if his or her citizenship was not lost on certain disqualifying grounds, including, in particular, entering the service of a foreign state or causing substantial harm to the interests of society and the state.
Restoration of citizenship more than once is not permitted.
This mechanism differs from general admission in that it takes into account the person’s previous legal bond with Uzbekistan. At the same time, restoration is not automatic: the applicant undergoes the verification procedure established by law, and the decision is made in the prescribed manner.
Procedure for Consideration of Materials
The procedure for acquiring citizenship is based on the principle of interagency verification. Petitions of persons residing in the territory of Uzbekistan are submitted to internal affairs bodies at the place of permanent residence or temporary stay, while persons residing outside Uzbekistan submit them to consular institutions of the Republic of Uzbekistan. Accepted petitions and applications are registered in the interagency database “E-Fuqaro” and, at the request of the applicant, a certificate on the date of acceptance and registration of the petition or application is issued within three working days.
After registration of the documents, the internal affairs body or consular institution enters an application into the interagency database within three working days. The period for consideration of the application, conducting verification, and preparing a conclusion is one month; if additional documents or information are required, it may be extended by up to one more month. The period for preparation of materials by the Ministry of Internal Affairs or the Ministry of Foreign Affairs for submission to the Commission must not exceed one month, and the total period for consideration of materials on citizenship issues must not exceed one year from the date the application is entered into the interagency database.
Grounds for Termination of Consideration of Materials
The law provides for cases in which consideration of materials on citizenship issues is terminated. These include: the existence of unfulfilled obligations to the state or property obligations connected with the interests of citizens or state bodies and organizations; the person being wanted by law enforcement authorities; criminal prosecution as an accused person; conviction and serving of a sentence; the existence of a court judgment that has entered into legal force and is subject to enforcement; submission of knowingly false information or forged documents; contradiction to the interests of state security; and death of the person.
Termination of consideration does not always mean the final impossibility of acquiring citizenship. If certain circumstances are eliminated, the person has the right to apply again. However, in case of termination of consideration, the paid state duty or consular fee is not refundable, and a repeated application is accepted after one year from the Commission’s decision to terminate consideration of the materials.
Specific Features of Acquisition of Citizenship by Children
Citizenship of children is regulated taking into account the principle of protection of the child’s interests and prevention of statelessness. The law contains special rules on acquisition of citizenship by birth, upon adoption, and upon change of citizenship of the parents. If the citizenship of the parents or one of them changes, the citizenship of a child aged from fourteen to eighteen may be changed only with the child’s written consent. The Regulation on the Procedure for Considering Citizenship Issues of the Republic of Uzbekistan requires certification of the authenticity of the child’s signature either notarized or by the signature and seal of the responsible officer of a consular institution.
This approach reflects a balance between the will of the parents, the interests of the state, and the personal autonomy of a minor who has reached an age at which his or her opinion has independent legal significance.
Documents for Acquisition of Citizenship of Uzbekistan
|
No. |
Document |
General procedure |
Simplified procedure |
Exceptional procedure |
|
1 |
Petition for admission to citizenship of Uzbekistan |
Yes |
Yes |
Yes |
|
2 |
Application form in the established form |
Yes |
Yes |
Usually a separate application form is not required unless requested by the Commission |
|
3 |
Passport of a foreign citizen |
If the applicant is a foreign citizen |
Yes, if the applicant is a foreign citizen |
Yes, copy of passport |
|
4 |
Travel document of a stateless person |
If the applicant is a stateless person |
If the applicant is a stateless person |
Yes, copy, if the applicant is a stateless person |
|
5 |
Residence permit |
Yes |
If available / if the applicant resides in Uzbekistan |
Copy, if available |
|
6 |
ID card of a stateless person |
Yes, if the applicant is a stateless person |
If available |
Copy, if available |
|
7 |
Applicant’s birth certificate |
Depending on the situation |
Yes |
Usually not required |
|
8 |
Marriage certificate or divorce certificate |
If available |
If available |
Usually not required, but may be requested depending on the situation |
|
9 |
Documents for the child, if the child is included in the petition |
Yes: birth certificate and residence permit of the child, if available |
Yes: birth certificate, passport of a foreign citizen, residence permit or ID card of a stateless person of the child, if available |
Depending on the situation, if the child is also included |
|
10 |
Notarial / written consent of a child aged 14 to 18 |
Yes, if the child is included |
Yes, if the child is included |
Yes, if applicable |
|
11 |
Document confirming a lawful source of livelihood |
Yes |
Yes |
Usually not required |
|
12 |
Document confirming command of the state language |
Obtained by the authorized body through interagency exchange |
Obtained by the authorized body through interagency exchange |
Usually not required |
|
13 |
Document confirming payment of state duty |
Yes |
Yes, or consular fee if submitted abroad |
Depending on the situation, taking into account the general rule on state duty / consular fee |
|
14 |
Passport / ID card of a direct ascendant relative residing in Uzbekistan and being a citizen of Uzbekistan |
No |
Yes |
No |
|
15 |
Document on the lawful source of livelihood of the relative |
No |
No; a document on the applicant’s own income is required |
No |
|
16 |
Document of the competent authority of a foreign state on the presence or absence of a criminal record |
No; not expressly indicated in the list for the general procedure |
Yes |
Usually not required |
|
17 |
Petition of an interested ministry or agency of the Republic of Uzbekistan |
No |
Only if the applicant or members of his or her family have significant achievements or a profession/qualification of interest to Uzbekistan |
May serve as a basis for initiation, but is not expressly specified in the list under clause 23 |
|
18 |
Document on renunciation of foreign citizenship |
Yes, as a condition of the general procedure |
Submitted after obtaining the letter of guarantee |
Usually not required if the President grants citizenship under the exceptional procedure |
|
19 |
Translation of documents into the state Uzbek language |
If necessary |
If necessary |
If necessary |
|
20 |
Apostille or consular legalization of foreign documents |
If necessary |
If necessary |
If necessary |
Documents for Restoration of Citizenship of Uzbekistan
|
No. |
Document |
Mandatory nature |
Comment |
|
1 |
Petition for restoration of citizenship of the Republic of Uzbekistan |
Mandatory |
Submitted to the President of the Republic of Uzbekistan. The petition must state the reasons for termination of citizenship of the Republic of Uzbekistan. |
|
2 |
Application form |
Mandatory |
Attached to the petition for restoration. |
|
3 |
Passport of a foreign citizen |
If the applicant is a foreign citizen |
Confirms the applicant’s identity and current foreign citizenship. |
|
4 |
Identification card / residence permit |
If applicable |
The law specifies a passport or identification card / residence permit as documents attached to the petition for restoration. |
|
5 |
Travel document of a stateless person |
If the applicant is a stateless person |
Used to confirm the identity of a stateless person if he or she does not have a passport of a foreign state. |
|
6 |
Documents confirming previous citizenship of the Republic of Uzbekistan |
Recommended / depending on the situation |
For example: previous passport of a citizen of Uzbekistan, ID card, certificate, archival extract, information on a Presidential decree. |
|
7 |
Documents confirming termination of citizenship of the Republic of Uzbekistan |
Recommended / depending on the situation |
For example: certificate on termination of citizenship, decree on renunciation or loss of citizenship, consular certificate, archival information. |
|
8 |
Marriage certificate or divorce certificate |
If available |
Submitted if the applicant is/was married or changed surname in connection with marriage/divorce. |
|
9 |
Documents on change of surname, first name, patronymic, or date of birth |
If available |
Required if the applicant’s biographical data changed. |
|
10 |
Documents for a child |
If the child is indicated in the petition |
Child’s birth certificate, residence permit / ID card / passport of the child, if available. |
|
11 |
Written consent of a child aged 14 to 18 |
If a child aged 14–18 is included in the petition |
The child’s signature is certified notarized or by a consular institution. |
|
12 |
Document confirming a lawful source of livelihood |
According to the rules of the general procedure |
For example: income certificate, tax declaration, employment certificate, pension certificate, alimony certificate, bank certificate, income certificate of the person who supports the applicant. |
|
13 |
Document confirming command of the state language |
According to the rules of the general procedure |
Usually obtained by the authorized body through the interagency data exchange system. |
|
14 |
Document confirming payment of state duty / consular fee |
Mandatory |
State duty applies when submitting in Uzbekistan; consular fee applies when submitting abroad. |
|
15 |
Translation of documents into the state Uzbek language |
If the documents are not in the state language |
The translation or translator’s signature is notarized. |
|
16 |
Apostille or consular legalization of foreign documents |
If the document was issued by a foreign authority |
Required unless otherwise provided by an international treaty of the Republic of Uzbekistan. |