Uzbekistan allows persons born in Uzbekistan, who can prove they are not citizens of any other State and that at least one of their parents or grandparents was born in Uzbekistan, to apply for citizenship without any residency requirements.158 In some States, applicants for naturalization may be exempt from paying fees. In Tajikistan159 the law indicates specifically that impoverished applicants may be declared entirely or partly exempt from paying fees. In Kazakhstan, persons who fled the republic during the period of mass repression, forced collectivization, other inhuman political actions and their descendants, as well as Oralmany, may be exempt from paying fees.160 In Kyrgyzstan,161 Turkmenistan162 and Uzbekistan163 the law simply states that persons applying for citizenship must submit a document either confirming payment of the State fee, or the right to be exempted from paying it. Other naturalization conditions may also occasionally be waived, such as proof of language proficiency for graduates of higher education institutions where instruction was in the State or official language.164 Generally, however, the same procedure applies to everyone seeking naturalization in each of the States and the documentary requirements may be very cumbersome. Documentary evidence that must be attached to the application generally includes proof of identity; residence; family connection; financial solvency and linguistic competence. A stateless person, petitioning from abroad for Uzbek or Turkmen citizenship, must also certify they are free of HIV/AIDS infection.165 A stateless person who applies for Tajik citizenship must also produce such certification.166 In particular, the requirement to submit a certificate proving they are not the citizen of any other country seriously hinders naturalization for many stateless persons in the region. Tajikistan, Turkmenistan and Kyrgyzstan167 also require the marriage certificate of the parents to be included in applications for naturalization of minor children. It is not clear in this case whether exceptions are made in practice, for children born out of wedlock. In Kyrgyzstan and Turkmenistan, applicants who, for reasons beyond their control, are unable to submit some of the documentary evidence are requested to explain why, in detail, in their application.168 Similarly, in Tajikistan, many people are unable to produce required identity documents when applying to acquire or confirm Tajik citizenship, for instance because the documents were lost during the armed conflict in the 1990s. In such cases, the Migration Service accepts written explanations and alternative proof of identity. The citizenship law in Kyrgyzstan also mentions specifically that in cases where 158 Article 17, 1992 Citizenship Law of Uzbekistan. Article 45, 1995 Citizenship Law of Tajikistan. Under Article 10 of the 1996 Regulation No 611 ‘On the Procedure for Considering Issues related to the Citizenship of the Republic of Tajikistan’, however, no one is exempt from paying fees. 160 Paragraph 15(9) of Instruction on Issues Related to Citizenship of Kazakhstan (approved by the Order of Interior Minister No 556 dated 23.08.02). 161 Article 45, 1995 Citizenship Law of Tajikistan; Article 33(1)(4), 2007 Citizenship Law of Kyrgyzstan. 162 Section II, para. 8(i), 1992 Regulation No 1328 ‘On the Procedure for Considering Petitions and Applications on Issues related to the Citizenship of Turkmenistan’. 163 Chapter II(a), 1992 Regulation No UP-500 ‘On the Procedure for Considering Issues related to the Citizenship of the Republic of Uzbekistan’. 164 Article 33(7), 2007 Citizenship Law of Kyrgyzstan. 165 Article 4, Chapter II(b)(1) 1992 Regulation No UP-500 ‘On the Procedure for Considering Issues related to the Citizenship of the Republic of Uzbekistan’. 166 Article 27, 1999 Law No 218 ‘On the Rules of Stay for Foreigners and Stateless Persons’ in Tajikistan, as amended in 2008. 167 Article 14, 1996 Regulation No 611 ‘On the Procedure for Considering Issues related to the Citizenship of the Republic of Tajikistan’; Section II, para. 8.2(a), 1992 Regulation No 1328 ‘On the Procedure for Considering Petitions and Applications on Issues related to the Citizenship of Turkmenistan’; Article 33(2)(1), 2007 Citizenship Law of Kyrgyzstan (in the case of applicants through the general procedure, only). 168 Article 15, 2007 Regulation No 473 ‘On the Procedure for Considering Issues related to the Citizenship of the Kyrgyz Republic’; Article 9, 1992 Regulation No 1328 ‘On the Procedure for Considering Petitions and Applications on Issues related to the Citizenship of Turkmenistan’. 159 ~ 25 ~

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