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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of March 10, 2021 No. UP-6185

About implementation of updated procedure for consideration of questions of nationality of the Republic of Uzbekistan

(as amended of the Presidential decree of the Republic of Uzbekistan of 29.01.2022 No. UP-61)

According to the Law of the Republic of Uzbekistan "About nationality of the Republic of Uzbekistan" in the new edition, and also for the purpose of ensuring reliable protection of constitutional rights of citizens of the Republic of Uzbekistan, widespread introduction of the advanced information and communication technologies in consideration of questions of nationality, creation of additional terms for active involvement of compatriots to the social and economic and political reforms undertaken in the country:

1. Approve Regulations on procedure for consideration of questions of nationality of the Republic of Uzbekistan according to appendix No. 1, providing:

updated procedure for acceptance and consideration of documents concerning nationality of the Republic of Uzbekistan and decision making on them;

questions of acceptance of person in nationality of the Republic of Uzbekistan generally, simplified (for compatriots) and exclusive (at the initiative of the President of the Republic of Uzbekistan) procedure;

procedures of recognition of nationality of the Republic of Uzbekistan concerning the stateless person;

procedure and terms of consideration of documents concerning nationality of the Republic of Uzbekistan by means of the interdepartmental E-Fuqaro database;

the bases of variation of petitions and statements concerning nationality of the Republic of Uzbekistan.

2. Approve Regulations of the Commission on questions of nationality in case of the President of the Republic of Uzbekistan according to appendix No. 2 *, the providing procedure for the organization of activities of the Commission on questions of nationality in case of the President of the Republic of Uzbekistan (further - the Commission), including questions of activities of the Commission, and also the right and task of the Commission.

* appendix No. 2 is not given.

3. Confer the personal responsibility on the Minister of Internal Affairs P. R. Bobozhonov and the Minister of Foreign Affairs A. H. Kamilov for control for:

determination of necessary measures for the organization of execution of this Decree, strict observance of requirements of the Provision approved according to appendix;

establishing interaction by consideration of documents on nationality of the Republic of Uzbekistan, timely entering into the interdepartmental E-Fuqaro database and submission to the Commission of the arrived documents in accordance with the established procedure.

4. To provide to GPO "Davlat of Belgisa" under the Central bank according to the request of the Ministry of Internal Affairs and Ministry of Foreign Affairs production of forms of guaranty letters about provision of nationality of the Republic of Uzbekistan.

5. Recognize invalid some presidential decrees of the Republic of Uzbekistan according to appendix No. 3.

6. To the Ministry of Internal Affairs, the Ministry of Finance and the Ministry of Foreign Affairs together with the interested ministries and departments in three-months time to make offers on the changes and amendments in the legislation following from this Decree.

7. Confer the personal responsibility on the deputy adviser to the President of the Republic of Uzbekistan D. B. Kadirov for the organization of effective fulfillment of this Decree.

Control of execution of this Decree, and also implementation of coordination of activities of the departments responsible for its execution to assign to the Prime Minister of the Republic of Uzbekistan A. N. Aripov and the adviser to the President of the Republic of Uzbekistan R. R. Inoyatov.

President of the Republic of Uzbekistan

Sh. Mirziyoev

 

Appendix No. 1

to the Presidential decree of the Republic of Uzbekistan of March 10, 2021 No. UP-6185

Regulations on procedure for consideration of questions of nationality of the Republic of Uzbekistan

I. General provisions

1. This Provision determines procedure for acceptance and consideration of petitions, statements and the documents attached to them concerning nationality of the Republic of Uzbekistan, and also decision making by them.

2. Petitions and applications concerning nationality of the Republic of Uzbekistan are submitted:

a) person living in the territory of the Republic of Uzbekistan - in law-enforcement body in the place of permanent residence or temporary stay;

b) person living outside the territory of the Republic of Uzbekistan - in consular establishments of the Republic of Uzbekistan, and also consular departments of diplomatic representations of the Republic of Uzbekistan (further - consular establishments).

The adopted petitions or statements concerning nationality of the Republic of Uzbekistan are registered in the interdepartmental database on questions of nationality of the Republic of Uzbekistan of "E-Fuqaro" (further - MBD "E-Fuqaro"). Upon the demand of the applicant within three working days the reference with indication of acceptance date and registration of its petition or the statement is issued.

3. For consideration of the submitted petitions or applications for admission in nationality of the Republic of Uzbekistan, recovery in nationality of the Republic of Uzbekistan, getting out of nationality of the Republic of Uzbekistan, recognition of nationality of the Republic of Uzbekistan and issue of certificates of not belonging to nationality of the Republic of Uzbekistan the state fee according to the Law of the Republic of Uzbekistan "About the state fee" or charges in the amount of, established in the rate of the Consular fees of the Republic of Uzbekistan approved by the resolution of the President of the Republic of Uzbekistan of December 24, 2013 No. PP-2095 is collected.

4. Materials about acceptance in nationality of the Republic of Uzbekistan, recovery in nationality of the Republic of Uzbekistan, recognition of nationality of the Republic of Uzbekistan, getting out of nationality of the Republic of Uzbekistan, loss of nationality of the Republic of Uzbekistan and issue of certificates of not belonging to nationality of the Republic of Uzbekistan are conducted in duplicate. One copy of materials is stored in the law-enforcement body which accepted it or consular establishment (further - authorized body), and the second copy goes to the Commission on questions of nationality in case of the President of the Republic of Uzbekistan (further - the Commission).

5. The petition, the statement and the questionnaire are filled in manually or technical means. In case of their filling use of reducings or abbreviations is not allowed.

Answers shall be completely covered in the questionnaire, the text of documents shall be clear and without corrections.

6. Person who addressed concerning nationality of the Republic of Uzbekistan shall submit the document proving his identity and nationality.

In case of change of bio data of person (birth date or surname, name or middle name) the documents confirming it are submitted.

7. In case of change of nationality of parents or one of them according to their petition nationality of the child aged from fourteen up to eighteen years can be changed only from its written consent.

Authenticity of the signature of the child makes sure according to requirements of the Law of the Republic of Uzbekistan "About notariate" or the sign and seal of the responsible of consular establishment.

If the applicant who addressed for acceptance in nationality of the Republic of Uzbekistan recovery in nationality of the Republic of Uzbekistan and getting out of nationality of the Republic of Uzbekistan, specified in the petition of the child, the responsible of authorized body (further - the responsible) acquaints it with requirements of Articles 32 - 36 Laws of the Republic of Uzbekistan "About nationality of the Republic of Uzbekistan".

8. The certificate of birth, the passport of the citizen of the Republic of Uzbekistan (further - the passport), the identification ID card of the citizen of the Republic of Uzbekistan (further - the ID card), the residence permit in the Republic of Uzbekistan for the stateless person (further - the residence permit), the identification ID card of the stateless person (further - the ID card of the stateless person), the certificate on marriage or annulment of marriage are represented by the applicant together with copies.

The responsible verifies copies of these documents with originals and assures seal of authorized body, originals of documents return to the applicant.

9. The documents submitted by the applicant not in state language of the Republic of Uzbekistan are translated by the applicant into state language. Correctness of the translation or authenticity of the signature of the translator are certified based on the Law of the Republic of Uzbekistan "About notariate".

If the international treaty of the Republic of Uzbekistan does not establish other rules, documents issued by the foreign competent organizations are recognized valid the Republic of Uzbekistan after legalization or putting down of apostille on them.

10. The petition or the statement and the enclosed documents which are drawn up in accordance with the established procedure are considered taken cognizance from the moment of representation by the applicant.

In the presence of reasonable excuses (disease, absence of consular establishment) the notarized petition or the statement can be submitted through authorized representatives.

11. The documents which are not processed in accordance with the established procedure attached to the petition or the statement, submission by the applicant of false data of invalid and forgery documents are the basis for refusal in adoption of the petition and statement.

In case of factual determination of submission of forgery documents by the applicant materials go to the relevant law enforcement agency for decision making according to the legislation.

II. Acceptance in nationality of the Republic of Uzbekistan in general procedure

12. The foreign citizen or the person without citizenship who is constantly living in the Republic of Uzbekistan, reached age of eighteen years and having capacity to act can address with the petition for acceptance in nationality of the Republic of Uzbekistan in general procedure if he (she):

a) drew up getting out of nationality of foreign state;

b) from the date of receipt of the residence permit or the ID card of the stateless person and about day of the address with the petition for acceptance to nationality of the Republic of Uzbekistan constantly lives in the territory of the Republic of Uzbekistan within five years continuously. This condition does not extend to the person who was born and living in the Republic of Uzbekistan or on the person without citizenship who is married to the citizen of the Republic of Uzbekistan and after marriage continuously living together with the spouse in the territory of the Republic of Uzbekistan within three years;

c) has legal livelihood;

d) shall observe the Constitution of the Republic of Uzbekistan;

e) knows state language at the level necessary for communication.

13. Together with the petition for acceptance the following documents are submitted to nationality of the Republic of Uzbekistan in general procedure in form according to appendix No. 1 to this Provision:

the questionnaire in form according to appendix No. 2 to this Provision;

the residence permit or the ID card for the stateless person;

certificate on marriage or annulment of marriage (in the presence);

if the applicant specified in the petition of the child, the certificate of birth and the residence permit of this child (in the presence), at the same time undertakes the consent of the child certified of notarial procedure aged from fourteen up to eighteen years;

the document confirming availability of legal livelihoods (the certificate of the income of physical person, the tax declaration of the income of physical person issued by tax authorities, the reference with indication of the monthly salary, the certificate of award of pension, the certificate of payment of the alimony, the certificate of availability of the means placed by person in credit institutions with indication of the account, the certificate of the income of person dependent on whom there is applicant, and also other documents confirming the legal income);

document on payment of the state fee.

The document confirming knowledge of state language at the level necessary for communication undertakes authorized body from system of interdepartmental data exchange.

14. The procedure for determination of level of proficiency in state language is determined by the Cabinet of Ministers of the Republic of Uzbekistan.

The condition of ownership of state language at the level necessary for communication is not applied to the following persons:

persons who got education in the territory of the Republic of Uzbekistan at the level not below general secondary education (the supporting document is submitted);

persons which reached age of 60 years;

incapacitated persons (the authorized representative the judgment which took legal effect about incapacity or legal incapacity of this person is represented);

persons with disability of the I group (the reference confirming disability is provided).

15. The responsible who accepted the petition within three working days studies completeness and correctness of execution of the enclosed documents and signs the questionnaire with indication of the position.

All documents submitted according to the procedure, specified in Item 13 of this provision, are consistently filed to material, the internal list of documents certified by the signature of the employee who is drawing up it is constituted.

On cover of material surname, the name, middle name, birth date of the applicant, sequence number and other data are entered (date of acceptance, storage duration).

16. The data specified in the questionnaire within three working days are entered in MBD "E-Fuqaro", and materials go to the Ministry of Internal Affairs of the Republic of Karakalpakstan, Main Departments of Internal Affairs of the city of Tashkent and Tashkent region, the Department of Internal Affairs of areas.

The responsible of the Ministry of Internal Affairs of the Republic of Karakalpakstan, Main Departments of Internal Affairs of the city of Tashkent and Tashkent region, the Departments of Internal Affairs of areas within ten working days checks correctness of entering of data into MBD "E-Fuqaro", creates the requirement about check for person and sends to the interested ministries and departments.

Materials go to the Ministry of Internal Affairs of the Republic of Uzbekistan (further - the Ministry of Internal Affairs).

The interested ministries and departments of the arrived requirement about check consider availability or lack of the materials interfering acceptance in nationality of the Republic of Uzbekistan in a month and express line item by means of data entry in MBD "E-Fuqaro".

The responsible of the Ministry of Internal Affairs prints out checking leaf according to the performed requirement which underwent testing in MBD "E-Fuqaro".

Based on materials and checking leaf the conclusion approved by the Minister of Internal Affairs of the Republic of Uzbekistan or one of his deputies is prepared in a month.

In the conclusion the data provided by the applicant and the information about him and his close relatives are specified following the results of performed (based on data of checking leaf).

The checking sheet and the conclusion are attached to the arrived material and together with the generalized information reference go for consideration to the Commission.

In the information reference the following data on person shall be displayed:

birth date and birth place, nationality, education, marital status, availability of children, residence;

close relatives and their nationality;

the training period in general averages and the highest educational institutions;

date of arrival and registration in the place of permanent residence in the Republic of Uzbekistan;

labor activity;

date of retirement and group of disability (in the presence);

if person left nationality or nationality of the Republic of Uzbekistan, date and number of the corresponding Presidential decree of the Republic of Uzbekistan lost;

information on refusal in satisfaction of earlier submitted petition for acceptance in nationality (if was considered);

date of criminal prosecution and/or criminal record of person in the territory of the Republic of Uzbekistan (if such facts took place), articles of the Criminal code, type and term/size of the imposed penalty.

III. Acceptance in nationality of the Republic of Uzbekistan in the simplified procedure

17. The compatriot who reached age of eighteen years, having capacity to act and considered as the foreign citizen or the stateless person can address for acceptance in nationality of the Republic of Uzbekistan in the simplified procedure if it:

a) has at least one relative on the direct ascending line living in the territory of the Republic of Uzbekistan and being the citizen of the Republic of Uzbekistan;

b) has legal livelihood;

c) shall observe the Constitution of the Republic of Uzbekistan;

d) knows state language at the level necessary for communication.

18. Together with the petition for acceptance the following documents are submitted to nationality of the Republic of Uzbekistan in the simplified procedure in form according to appendix No. 1 to this Provision:

the questionnaire in form according to appendix No. 3 to this Provision;

certificate of birth;

the passport of the citizen of foreign state either the travel document of the stateless person, or the residence permit (the ID card for the stateless person);

certificate on marriage or annulment of marriage (in the presence);

if in the petition the child is specified, its certificate of birth and the passport of the citizen of foreign state or the residence permit, or the ID card for the stateless person (in the presence), at the same time undertakes written consent of the child aged from fourteen up to eighteen years;

the passport (ID card) of the relative on the direct ascending line living in the territory of the Republic of Uzbekistan and being the citizen of the Republic of Uzbekistan;

the document confirming availability of legal livelihood;

the document of competent authority of the state which citizen he is, confirming availability or lack of criminal record;

document on payment of the state fee (consular fee).

The document confirming possession of state language at the level necessary for communication undertakes authorized body from system of interdepartmental data exchange, except as specified, specified in Item 14 of this provision.

19. The condition of the subitem "an" of Item 17 and the requirement about submission of the document specified in paragraph seven of Item 18 of this provision can not be applied to the compatriot and (or) members of his family having considerable achievements in the field of science and scientific activities, the equipment, culture and sport and also if it or members of his family own the profession or qualification which is of interest to the Republic of Uzbekistan.

In such cases the petition of the interested ministries or departments of the Republic of Uzbekistan is submitted.

In the petition achievements in the field of science and scientific activities, the equipment, culture and sport, and also ownership of person of the profession or qualification which is of interest to the Republic of Uzbekistan are in detail specified.

Heads of the interested ministries or departments of the Republic of Uzbekistan of republican value are responsible for submission of petitions for acceptance in nationality of the Republic of Uzbekistan of persons in the simplified procedure.

20. In case of acceptance by law-enforcement body of the drawn-up material on acceptance in nationality of the Republic of Uzbekistan in the simplified procedure it is considered according to the procedure, established in Items 15 and 16 of this provision.

21. After acceptance by consular establishment of the drawn-up material on acceptance in nationality of the Republic of Uzbekistan in the simplified procedure the responsible studies completeness and correctness of document creation and signs the questionnaire with indication of the position.

At the same time the data specified in the questionnaire within three working days are entered by the responsible of consular establishment into the information system "Interactive Consular Services" (further - the Consular information system) and go to the Ministry of Foreign Affairs of the Republic of Uzbekistan (further - the Ministry of Foreign Affairs).

All documents submitted according to the procedure, provided in Item 18 of this provision, are consistently filed to material, then the internal list of documents certified by the signature of the employee who is drawing up it is constituted.

On cover of material surname, the name, middle name and birth date of the applicant, sequence number and other data are entered (date of acceptance, storage duration).

One copy of material according to the schedule of diplomatic mail goes to the Ministry of Foreign Affairs.

The responsible of the Ministry of Foreign Affairs within ten working days based on the data which arrived through the Consular information system creates the requirement about check for person in MBD "E-Fuqaro" and sends to the interested ministries and departments.

The interested ministries and departments of the arrived requirement about check consider availability or lack of the materials interfering acceptance in nationality of the Republic of Uzbekistan in a month and express line item by means of data entry in MBD "E-Fuqaro".

The responsible of the Ministry of Foreign Affairs prints out checking leaf according to the performed requirement which underwent testing in MBD "E-Fuqaro".

Based on material and checking leaf the conclusion approved by the Minister of Foreign Affairs of the Republic of Uzbekistan or one of his deputies is prepared in a month.

In the conclusion the data provided by the applicant and the information about him and his close relatives are specified following the results of performed (based on data of checking leaf).

The checking sheet and the conclusion are attached to the arrived material and sent for consideration in the Commission together with the generalized information reference.

In the information reference the following data on person shall be displayed:

birth date and birth place, nationality, education, marital status, availability of children, residence;

close relatives and their nationality;

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