Ukrainian nationals cannot obtain Estonian citizenship until war ends

Chancellor of Justice Ülle Madise says Estonia's decision not to grant citizenship to Ukrainians unable to renounce their nationality due to the war is constitutional.

Applicants for Estonian citizenship must renounce their current nationality, but Ukraine does not allow renunciation during wartime, Madise noted, adding that an exception cannot be made in the case of Ukrainian citizens. The stance does not violate human rights, the justice chancellor said.

Madise recently responded to a complaint submitted to her office and found that refusing to grant Estonian citizenship to a Ukrainian national is not contrary to the Constitution.

Estonia does not permit dual citizenship, which means that to obtain an Estonian passport, the applicant must renounce any other citizenship they may hold; formal renunciation must be obtained from the country of their initial citizenship.

Ukraine currently does not at present allow its citizens to renounce their citizenship, meaning Ukrainian nationals are effectively unable to obtain Estonian citizenship.

The Ministry of the Interior told ERR about a halfway-house measure: when a Ukrainian national submits an application for Estonian citizenship, if all other requirements have been met save for confirmation from the Ukrainian authorities, the applicant may be granted a form of conditional citizenship. This conditional status would take full effect once permission was obtained from Ukrainian authorities.

However, this conditional citizenship does not equate to full citizenship of Estonia, with all the rights that entails; the applicant remains a Ukrainian citizen.

The Chancellor of Justice noted the Universal Declaration of Human Rights states no one can be arbitrarily deprived either of their nationality or of the right to change their nationality, though a wartime situation can obscure this latter point.

"The right to renounce citizenship is often linked to specific restrictions, such as fulfilling military service obligations," Madise said.

The European Convention on Nationality provides that a state should not require a person to renounce another citizenship as a condition for acquiring its nationality if renouncing is impossible or cannot be a reasonable requirement. However, Estonia has not acceded to the convention.

"You noted in your petition that Ukraine is currently not releasing people from its citizenship due to martial law. There is no reason to regard this situation as permanent," Madise wrote in her response to the complaint, adding: "Consequently, there is no reason to make exceptions for Ukrainian