Citizenship of Moldova by Descent (through recognition) – grounds, documents, procedure

The acquisition of Moldovan citizenship by descent represents the restoration of citizenship that a person had before and which, due to circumstances beyond his control was lost, without a personal request and without issuing an administrative act on this matter. This method of acquiring citizenship is called also through recognition, reintegration or repatriation.
The essence of the institution of recognition of citizenship lies in the fact that the state can restore citizenship to persons who had it due to any political and legal circumstances or who lost it as a result of any historical events, such as changes in state borders, deportations, etc.
Thus, with this method of acquiring Moldovan citizenship, the state restores to individuals the rights that were previously established by the authorities that issued birth certificates to them.
Accordingly, the Law of the Republic of Moldova on Citizenship contains provisions that allow persons who have expressed a desire to become citizens of the Republic of Moldova to acquire citizenship by descent.

Who can get moldovan citizenship by descent

Citizenship of Moldova by descent, as a result of recognition, can be obtained by persons who have acquired and keept citizenship of Moldova in accordance with previous laws, as well as persons who have acquired citizenship in accordance with the current law.
Persons over the age of 18 who were born on the territory of the Republic of Moldova, but are not registered with the competent authority as citizens of the country and do not have a document confirming citizenship, are also recognized as citizens of the Republic of Moldova. The date of acquisition of citizenship is considered the date of consent expressed in writing.

If a person does not agree with such a date of acquisition of citizenship, at his request, the competent authority determines the date of acquisition of citizenship on the basis of documents confirming that he met or complies with the conditions provided for by the current or previous law on citizenship, on the basis of which the person was declared a citizen Republic of Moldova.

Recognised citizens of the Republic of Moldova shall be individuals who wish to become citizens of the Republic of Moldova and namely:
a) those born in the territory of the Republic of Moldova or at least those, one of whose parents, or grandparents were born in the above-mentioned territory;
b) those who before 28 June 1940 resided in Basarabia, in the North Bucovina, Hertza Region, and the M.A.S.S.R., their descendants, if they have lawful and habitual residence in the Republic of Moldova;

According to the administrative-territorial structure, until June 28, 1940, Bessarabia included the following districts and settlements:
Chernauti: Novoselitsa, Khotyn, Sekuren.
Hertsa, Northern Bukovina: Khlyboka, Hertsa, Storozhinets, Putyla, Vizhnitsa, Kitsman, Zastavna, Kelmentsy.
Odessa region: Bolgrad, Izmail, Kiliya, Tatarbunary, Artsyz, Tarutino, Belgorod-Dnestrovsky, Sarata, Reni.
MASSR: Ananiev, Balta, Kodyma, Krasnye Okny, Birzula (Kotovsk), Valya Hotsului, Cherna, Peschanaya.

c) persons who were expelled or left the territory of the Republic of Moldova starting from June 28, 1940, as well as their descendants;
d) persons who until June 23, 1990 legally and permanently resided on the territory of the Republic of Moldova and continue to reside at the present time.

Documents required to obtain moldovan citizenship by descent

When submitting an application, the applicant must provide the following documents:

– identity document (in original and copy):

a) passport and residence permit – for a person who has been granted the right to reside on the territory of the Republic of Moldova, or
b) identity card – for a person who has been recognized as a stateless person or beneficiary of international protection, or
c) identity document of the legal representative – in the case of a minor or a person subject to legal protection in the form of guardianship;
d) documents confirming the power of the representative – in the case of filing an application by power of attorney (the original and a copy).

– documents on registration of acts of civil status of the applicant and his minor children. If there have been changes in the applicant’s personal data from the moment of birth to the date of application, then he must provide documents confirming the relevant changes, such as marriage certificates, divorce certificates, changes in surname and / or name, a copy or extract from civil status records, a certificate (notice) of annulment, amendments, corrections and / or additions to the civil status record, a final and valid court decision on the dissolution of a marriage issued by a foreign court and / or other documents confirming facts of legal significance;
– a document confirming the residence on the territory of another state – for applicants who do not live in Moldova;
– an autobiography, which indicates information on the civil status, home address, work activity, information about the spouse and first-degree relatives (parents, children);
– documents of the parents, grandparents or great-grandparents, confirming the fact of birth on the territory of the Republic of Moldova and the relationship between them and the applicant, if he was not born on the territory of the Republic of Moldova, but is a descendant of those who were born on its territory (in original and copy);
– documents of one of the parents, grandparents or great-grandparents, confirming the fact of residence until June 28, 1940 in Bessarabia, Northern Bukovina, the Hertsa district and the MASSR, which prove family ties between them and the applicant, as well as a certificate confirming place of residence of the applicant or his predecessors in the aforementioned territories before June 28, 1940, if he has grounds for acquiring Moldovan citizenship by descent (in original and copy);
– a certificate from the competent authority confirming the deportation or flight of the applicant or his parents, grandparents or great-grandparents from the territory of the Republic of Moldova starting from June 28, 1940 and documents confirming the family relationship between them and the applicant, if he has grounds for acquisition of citizenship of the Republic of Moldova by descent (in original and copy);
– documents confirming the applicant’s place of residence on the territory of the Republic of Moldova on June 23, 1990 and up to the present moment, if he has grounds for acquiring citizenship of the Republic of Moldova by recognition (in original and copy);
– police clearence certificate from the country of which the applicant is a citizen, as well as from the Republic of Moldova. If the applicant lives in the territory of a third state, he also provides this document from the country of residence (in original and a copy);
– two recent color, matte, white background photos sized 4.5×3.5 cm. If the application is submitted through a representative, an additional 10×15 cm photo must be submitted that meets the same requirements.

In case when only one of the parents acquires Moldovan citizenship together with a minor child, the written consent of the other parent must be provided to the official responsible for receiving the application. The consent can be provided as well in form of a certified by a notary (or other persons vested with such powers in accordance with the law) declaration.

In the case of obtaining citizenship of Moldova by recognition, minors aged 14 to 18 years must also submit their written, notarized consent and a police clearence certificate.

Documents for obtaining Moldovan citizenship by descent must be provided in Romanian. If the documents are in another language, they must be officially translated and certified in the manner prescribed by the laws of Moldova or international treaties to which Moldova is a party.

Where to submit application for moldovan citizenship by descent

Applications for the acquisition of citizenship through recognition are addressed to the Public Services Agency, which examines them for their full compliance with the conditions prescribed by law.
You can apply either in person or through your representative, acting on the basis of a power of attorney issued in accordance with the provisions of the law. The application can be submitted both to the territorial division of the Public Services Agency at your location, and to the Agency directly. In the case of a person who is abroad, the application can be submitted to a diplomatic mission or consular office of the Republic of Moldova or to the Ministry of Foreign Affairs and European Integration.

How long does it take to consider the application for moldovan citizenship by descent

The term for consideration of applications for recognition of Moldovan citizenship should not exceed six months.
The aforementioned period starts from the date of submission of all documents required for recognition of citizenship.

In what cases the application for citizenship by descent can be rejected

Persons who, during the process of recognition, provided false information or concealed significant facts, the knowledge of which would lead to the rejection of the application, cannot be recognized as citizens of Moldova.

Recognition of citizenship may also be denied if the person:

a) has committed international, military, or crimes against humanity;
b) is involved in terrorist activities;

c) executes or is obliged to execute a criminal penalty in the form of deprivation of liberty on the basis of a court verdict, during the period of consideration of the application, as well as has an outstanding conviction or is under criminal prosecution;
d) carries out activities aimed at undermining state security, public order, health and morality of the population;
е) does not fully comply with the conditions for obtaining citizenship of Moldova, established by the current law.

How our lawyers can help you

We know thoroughly the legislation related to obtaining citizenship of Moldova, we constantly monitor its updates and are always aware of the new requirements of state bodies.
Cooperation with us is an opportunity to get the desired result with minimal effort and in the shortest possible time.
Therefore, by hiring us, you can be sure that we will:

– provide you with advice on all issues related to Moldovan citizenship;
– determine the optimal algorithm of actions specifically in your situation;
– make a list of necessary documents for obtaining citizenship;
– check the documents you already have for compliance with the requirements of the law;
– prepare and submit applications for obtaining duplicates of vital records and archival certificates;
– represent your interests in court in order to restore the act of civil status;
– represent your interests in court to establish facts of legal significance;
– competently prepare the case for filing an application for citizenship by descent.

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