SUB-REGIONAL OVERVIEW: CENTRAL ASIA
SUB-REGIONAL OVERVIEW: CENTRAL ASIA
Uzbekistan
Laws
Citizenship Law
Jus sanguinis and jus soli provisions
The Law of the Republic of Uzbekistan on Citizenship of the Republic
of Uzbekistan, which came into effect in 2020, is the main
legislative document for citizenship in Uzbekistan.706 The Law
contains provisions for both jus soli and jus sanguinis citizenship,
and expressly states the right to citizenship.707 Regardless of
birthplace, a child born to two Uzbek citizen parents (or a single
parent) will be a citizen by descent as stated in Article 14 of
the Law.708 Children of a stateless parent are also entitled to
citizenship by descent, regardless of birthplace as long as they
have one parent who is a citizen of the Republic of Uzbekistan.709
In instances where one parent is a citizen of Uzbekistan and the
other parent is a foreign citizen, while the child is entitled to
citizenship this process is not automatic and it is the responsibility
of the Uzbek citizen parent to request citizenship for the child.710
The Law contains provisions for both jus soli and jus sanguinis
citizenship, and expressly states the right to citizenship. Regardless
of birthplace, a child born to two Uzbek citizen parents (or a single
parent) will be a citizen by descent as stated in Article 14 of the
Law. Children of a stateless parent are also entitled to citizenship by
descent, regardless of birthplace as long as they have one parent who
is a citizen of the Republic of Uzbekistan.
The Law provides that anyone who was a permanent resident
in the Republic of Uzbekistan since July 28, 1992 and is not
a citizen elsewhere will be a citizen of the Republic.711 This
provision directly addresses the statelessness of many which
resulted from Uzbekistan’s succession from the USSR.
In Article 3 of the Law on Citizenship, a stateless person is
defined as “a person permanently residing in the territory of
the Republic of Uzbekistan who is not a citizen of the Republic
of Uzbekistan and does not have proof of his/her affiliation to
citizenship of a foreign state”.712 This definition is not in line with
the definition provided in the 1954 Convention relating to the
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STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
Status of Stateless Persons as it places the burden
of proof on stateless persons and incorporates
residency requirements.
Naturalized citizenship
Stateless people in Uzbekistan can apply for
naturalization in an equal manner to foreign
citizens under Article 19 of the Law by attaining five
years of residency with a valid residence permit,
having a legitimate source of income, complying
with the Constitution of Uzbekistan, and being
able to communicate in the state language.713 It
should be noted that this provision appears to
require a foreign citizen to renounce their foreign
citizenship, then endure five years of statelessness
with a permanent residence permit in Uzbekistan
before becoming eligible for Uzbek citizenship.714
The provision further mentions that stateless
persons will still meet residency requirements if
they have traveled outside of the country for no
longer than 6 months each year.715 A simplified
naturalization procedure is available for stateless
persons and foreign citizens who have a “direct
ascendant relative who lives in the territory of
the Republic of Uzbekistan and is a citizen of the
Republic of Uzbekistan”.716 Those with ascendant
links to the country, eligible for the simplified
procedure, will receive a letter of guarantee of
citizenship of the Republic, valid for one year,
while they renounce their foreign citizenship.717
This ensures that they do not become stateless
in between the process of renunciation and
acceptance of citizenship to Uzbekistan. Foreign
citizens applying for citizenship through the
standard process are not protected in this way if
they are not eligible for the simplified procedure.718
Additionally, the Law provides that foreign citizens
and stateless persons may be granted citizenship
in an exceptional manner by the President outside
of the requirements set out in Articles 19 and
20.719 The 2020 Law also includes provisions for
a simplified procedure for recognition of Uzbek
citizenship for stateless persons who arrived in
the country before January 1, 1995.720 As long as
such persons do not have citizenship of another
country and had residence permits (identification
document for stateless persons) before the new
Law was enacted, they are entitled to Uzbek
citizenship and can apply through the simplified
procedure for their citizenship to be recognized.721
A simplified naturalization procedure is available for
stateless persons and foreign citizens who have a
“direct ascendant relative who lives in the territory
of the Republic of Uzbekistan and is a citizen of the
Republic of Uzbekistan”
Article 22 of the Law of the Republic of Uzbekistan On
Legal Status of Foreign Citizens and Stateless Persons
in the Republic of Uzbekistan, ensures that stateless
persons and foreigners have the right to appeal
negative decisions.722 Uzbekistan should consider
ensuring a simplified process of naturalization
for all stateless persons, not just those with
ascendent ties to Uzbekistan, in its territory as
Article 32 of the 1954 Convention relating to the
Status of Stateless Persons stipulates that such a
process should be expedited for stateless persons
to “reduce as far as possible the charges and costs
of such proceedings”.723
Dual citizenship
Dual citizenship is not recognized by the Republic
of Uzbekistan.724 Foreign citizens who do not have
links to Uzbekistan through descent are required
to renounce their citizenship in order to obtain
citizenship of the Republic.725
The 2020 Law also includes provisions for a simplified
procedure for recognition of Uzbek citizenship for
stateless persons who arrived in the country before
January 1, 1995. As long as such persons do not
have citizenship of another country and had residence
permits (identification document for stateless persons)
before the new Law was enacted, they are entitled to
Uzbek citizenship and can apply through the simplified
procedure for their citizenship to be recognized.
REPORT 2024
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