Citizenship issues

According to the Law of the Republic of Tajikistan " About Citizenship" the citizen of Tajikistan is a person, who, at the date of adopting of the Constitution (6.11.1994), was a citizen of the Republic of Tajikistan or has got citizenship of the Republic of Tajikistan according to the present Constitutional Law.
A citizen of the Republic of Tajikistan can not be a citizen of another country simultaneously, except cases indicated by the Law of the Republic of Tajikistan "About Citizenship" and interstate agreements.
- Passport of the citizen of the Republic of Tajikistan is a document which confirms the citizenship Republic of Tajikistan, before obtaining of passport the certificate of birth or other kind of document, confirming the citizenship.

The order of obtaining of citizenship of the Republic of Tajikistan

The citizenship of the Republic of Tajikistan will be obtained by:
- Birth
- Registration
- Applying for citizenship
- Resuming of citizenship of the Republic of Tajikistan
- Choosing of citizenship upon changing of state territory or other reasons
notified by the international agreements of the Republic of Tajikistan
- Other reasons, indicated by the Law of the Republic of Tajikistan "About
Citizenship"

Definition of citizenships of children

a) A child, whose parents at the moment of birth are the citizens of the Republic of Tajikistan, is a citizen of the Republic of Tajikistan despite the place of birth.
b) If the citizenship of the parents differs and one of the parents of a child is a citizen of the Republic of Tajikistan at the moment of the birth, a child will be a citizen of the Republic of Tajikistan.
- If a child was born in the territory of the Republic of Tajikistan
- If a child was born outside of the Republic of Tajikistan, but both parents and one of them has a permanent place of residence in the territory of the Republic of Tajikistan.
c) By differences of citizenship of parents, one of them is a citizen of the Republic of Tajikistan at the moment of birth of a child and if both parents have a permanent place of residence outside of the Republic of Tajikistan, the citizenship of child, who has been born outside of the Republic of Tajikistan, will be defined by the written statements of the parents.
d) Regardless of the place of birth a child will be a citizen of the Republic of Tajikistan if one of the parents at the moment of birth was a citizen of the Republic of Tajikistan and another parent was stateless person or was unknown.
e) In case of defying of paternity of the child, whose mother is a stateless person and father is a citizen of the Republic of Tajikistan, child who is not fourteen years, becomes the citizen of the Republic
of Tajikistan irrespective of place of birth.
f) A child, born in territory of the Republic of Tajikistan from the stateless persons, is a citizen of the Republic of Tajikistan.
g) A child is a citizen of Republic of Tajikistan if he is in territory of Republic of Tajikistan and whose parents are unknown.
h) A child, born in territory of the Republic of Tajikistan and the parents are citizens of another countries, is the citizen of Republic of Tajikistan if these states do not adopt the citizenship.

Obtaining of citizenship by registration

The following persons obtain citizenship of the Republic of Tajikistan by registration:
а) The persons, whose spouse or close relatives are the citizen of Republic of Tajikistan;
б) The persons, whose one of the parents on the date of birth was the
citizen of Republic of Tajikistan, but those who have got other citizenship by birth during five years after achieving 18 age.

Applying for the citizenship of the Republic of Tajikistan

According to a Law of Republic of Tajikistan «About Citizenship " the citizens of other states and stateless persons can apply for obtaining of citizenship of the Republic of Tajikistan.
The decision on applications for adopting of citizenship of the Republic of Tajikistan will be made by the President of the Republic of Tajikistan.

Terms of adoption to the citizenship of Republic of Tajikistan

The citizenship of Republic of Tajikistan can get the capable person who has reached 18 age and who is not a citizen of the Republic of Tajikistan irrespective of an origin, social status, racial and national belonging, sex, education, language, relation to religion, political and other belief.
A permanent residing in the territory of the Republic of Tajikistan is a usual condition for adoption to the citizenship of Republic of Tajikistan is
- For foreign citizens and stateless persons five years or three years uninterrupted residing before applying;
- For the refugees, who are recognized by law and agreements of the Republic of Tajikistan, the indicated above time will be reduced twice. The term of residing in territory of the Republic of Tajikistan is considered uninterrupted, if the person left Republic of Tajikistan for study or treatment no more than for three months.
The circumstances, which make easy for adopting of citizenship of Republic of Tajikistan, e.i gives the right on reduction even removal of the requirements of second part of the present terms, are:
- To be in citizenship of former USSR;
- Adoption of a child, who is a citizen of Republic of Tajikistan;
- To have a high achievement in the field of a science, engineering and culture, and also profession or qualification, which the Republic of Tajikistan is interested in;
- Having merits before the people of the Republic of Tajikistan, in revival of Republic of Tajikistan, in realization of humanity ideals and values;
- To be granted asylum in the territory of the Republic of Tajikistan;
- To be in the past the citizen of the Republic of Tajikistan or even one of his relatives by birth;
- To be in a marriage with a citizen of the Republic of Tajikistan.

The bases for refusal for obtaining of citizenship of the
Republic of Tajikistan

The application for obtaining of citizenship of Republic of Tajikistan will be refused, if:
- Acts for forced change of constitutional system of the Republic of Tajikistan;
- To be a member of parties and other organizations, which activities are incompatible with the constitutional principles of the Republic of Tajikistan.
- To be condemned and sentenced for actions, persecuted by the law of the Republic of Tajikistan;
- To be a citizenship of other state in case of absence of interstate agreement on dual citizenship.

Restoration of citizenship of the Republic of Tajikistan
Restoration of citizenship of the Republic of Tajikistan is carried by registration:
- The persons, whose citizenship of the Republic of Tajikistan ceased because of adoption, trusteeship or guardianship;
- The persons, whose citizenship of the Republic of Tajikistan ceased because of changing citizenship of parents, within five years after achieving 18 ages.
Former citizens of the Republic of Tajikistan, whose citizenship was deprived or who had lost it without their will, are considered restored in citizenship of the Republic of Tajikistan.
The person, who earlier had a citizenship of the Republic of Tajikistan and to whom the implementation of the first and second parts of the present chapter does not apply, the citizenship of Republic of Tajikistan can be restored.

State offices of the Republic of Tajikistan being in
charge of citizenship issues

State offices of the Republic of Tajikistan being in charge of issues of citizenship of the Republic of Tajikistan are:
а) President of the Republic of Tajikistan;
b) Commission on citizenship issue of the President of the Republic of Tajikistan;
c) Ministry of internal affairs of the Republic of Tajikistan;
d) Ministry of Foreign affairs of the Republic of Tajikistan, diplomatic representatives and consular offices of the Republic of Tajikistan.

Authority of the President of the Republic of Tajikistan
for citizenship issue

The President of the Republic of Tajikistan makes decisions on issues:
а) on accepting to the citizenship of the Republic of Tajikistan of foreign citizens, citizens of former USSR and stateless persons, on whom the implementation of chapter of 19 of constitutional Laws of the Republic of Tajikistan "On citizenship " does not apply:
b) Restoration of citizenship of the Republic of Tajikistan the persons, on whom the implementation of first and second part of chapter 25 of the present constitutional Laws does not apply;
c) Permission on exit from citizenship of the Republic of Tajikistan the persons to whom the implementation of item "Б" of the first part of chapter 28 of Constitutional Law of the Republic of Tajikistan " On citizenship " does not apply;
d) Permission to the citizen of the Republic of Tajikistan to have a dual citizenship;
e) Cancellation of decision on accepting to the citizenship of the Republic of Tajikistan;
f) Granting of honorable citizenship of the Republic of Tajikistan.
A person can not be deprived of honorable citizenship of the Republic of Tajikistan without the consent of Majlisi Oli (Parliament) of the Republic of Tajikistan.
For preliminary consideration of issues of citizenship, instructed in the present clause, the President of the Republic of Tajikistan forms a Commission on citizenship issues. The President of the Republic of Tajikistan issues decrees according to its authorities, stipulated by the Constitutional Law of the Republic of Tajikistan "On citizenship ".

Authorities of a Commission on citizenship attached to the President of the Republic of Tajikistan

The Commission presents for consideration to the President of the Republic of Tajikistan its conclusions on each application. The Commission's proposals will be written in protocol and signed by all its members, who participated in the session.
Commission estimates carefully the reasons of the applicant, contents of the documents, conclusion of state offices and public organizations, other documents. The commission has a right to request other kind of documents or materials from state organs, which can provide necessary information concerning the applicant.

Authorities of the Ministry of internal affairs of the
Republic of Tajikistan

The Ministry of internal affairs of the Republic of Tajikistan and its competent departments:
а) Accept applications and statements on citizenship of the Republic of Tajikistan from persons residing in the territory of the Republic of Tajikistan;
б) Check the facts and documents, submitted of applications and statements on citizenship of the Republic of Tajikistan;
b) Forward the applications on citizenship together with the appropriate documents to the Commission on citizenship of the President of the Republic of Tajikistan;
c) Define the status of the persons, living in territory of the Republic of
Tajikistan, concerning to the citizenship of the Republic of Tajikistan;
d) By the applications of interested persons, residing in the territory of the Republic of Tajikistan will make registration concerning obtaining or termination of citizenship of the Republic of Tajikistan implemented by the Constitutional Law of the Republic of Tajikistan "About Citizenship ".
The competence of the departments of the internal affairs of the Republic of Tajikistan concerning citizenship of the Republic of Tajikistan will be set by the Resolution of the Government of the Republic of Tajikistan.

Authority of the Ministry of Foreign Affairs of the Republic of
Tajikistan, diplomatic representations and Consular offices of the Republic of Tajikistan

Ministry of Foreign Affairs of the Republic of Tajikistan, Diplomatic Representations and Consular offices of the Republic of Tajikistan:
а) Accepts applications and statements concerning citizenship of the Republic of Tajikistan from persons living outside of the Republic of Tajikistan;
b) Verifies the facts and documents submitted for obtaining citizenship of the Republic of Tajikistan;
c) Forwards the applications on citizenship together with the appropriate documents to the Commission on citizenship of the President of Republic of Tajikistan;
d) Defines belongingness of persons living outside of the Republic of Tajikistan, to the citizenship of the Republic of Tajikistan;
e) Provides registration of the citizens of the Republic of Tajikistan permanently residing outside of the Republic of Tajikistan;
f) By the applications of interested persons, residing outside of the Republic of Tajikistan will make registration concerning obtaining or termination of citizenship of the Republic of Tajikistan implemented by the Constitutional Law of the Republic of Tajikistan "About Citizenship ".

The order of submission of the applications and petitions on
citizenship of the Republic of Tajikistan

The applications of registration for changing citizenship are submitted to the departments of internal affairs of the Republic of Tajikistan by the place of residence, and persons living outside of the Republic of Tajikistan should submit documents to an appropriate Diplomatic Representation and Consulates of the Republic of Tajikistan.
The applications on citizenship are written to the President of the Republic of Tajikistan through departments of internal affairs by the place of residence, and persons living outside of the Republic of Tajikistan through Diplomatic Representations and Consular offices of the Republic of Tajikistan.

Form of applications and statements on citizenship of the Republic of
Tajikistan

The applications and statements on citizenship are submitted in written form. Consent of interested persons in obtaining, termination, retaining or changing of citizenship should be in written form. The signature of an applicant should be certified by notary. The signatures of the citizens of the Republic of Tajikistan living outside of Tajikistan will be certified by the diplomatic representations or Consular offices of the Republic of Tajikistan.
If the applicant for the reasons illiteracy or by virtue of the physical lacks can not sign the application or statement then the application by his request will be signed by other person, which would be marked and stamped by notary. Outside of the Republic of Tajikistan, the notes in the application or statements will be made by diplomatic representation or consular offices of the Republic of Tajikistan.

The order of registration of the applications and statements on
citizenship of the Republic of Tajikistan

The registration of the application or statements on citizenship of the Republic of Tajikistan will be carried by the department of internal affairs of the Republic of Tajikistan by the place of residence, and if the applicant lives outside of the Republic of Tajikistan than it will be done by the appropriate diplomatic representation or consulates of the Republic of Tajikistan.
If there is a confirming document that the applicant can not apply himself than the departments of internal affairs, diplomatic representations or consulates of the Republic of Tajikistan are obliged to issue materials on citizenship of applicants, which are handed through other person, or addressed by mail. In this case, the signature on application and statement should be certified by notary.
For submission of the applications and statements on citizenship of the Republic of Tajikistan State Tax is paid, the amount of which will be established by the law of the Republic of Tajikistan. Persons of moderate means are released completely or partially from payment of a State Tax in the order established by the law of the Republic of Tajikistan.

The conclusions and presentations on applications for obtaining or termination of citizenship of the Republic of Tajikistan

The department of internal affairs of the Republic of Tajikistan or diplomatic representation or the consular office of the Republic of Tajikistan makes a motivated conclusion on applications concerning obtaining or termination of citizenship of Republic of Tajikistan, and if it is necessary they make presentation.
The conclusions and presentations on citizenship of the Republic of Tajikistan and other necessary documents will be forwarded to a Commission on citizenship of the President of the Republic of Tajikistan.

Terms of submission and consideration of applications and statements on citizenship of the Republic of Tajikistan

Term of consideration of applications on citizenship should not exceed six months, and statements - nine months.
Term of submission of the application on citizenship of the Republic of Tajikistan missed by fair reasons can be restored by a Commission on citizenship of the President of the Republic of Tajikistan by the request of an applicant.

Date of obtaining or termination of citizenship of the Republic of
Tajikistan

The citizenship of the Republic of Tajikistan is considered to be obtained or terminated from the date of acceptance of the decision by the authorized organs or edition of the Decree of the President of the Republic of Tajikistan.