What are the features of the legal status of refugees from Ukraine in the Russian Federation?

Concept

According to the Federal Law “On Refugees” dated February 19, 1993 No. 4528-I, refugees are foreigners temporarily staying in the country and enjoying protection by local authorities. These are subjects who are subject to prejudice and discrimination in their state. Therefore, a person is looking for an opportunity to live safely in another country.

Note! Not everyone has the right to become a refugee and receive the status of “citizen of the Russian Federation”. You need to have serious reasons for this, and if you don’t like living in your country, this is not a reason.

Simplified procedure for obtaining temporary asylum

In general, a decision on granting temporary asylum is made within three months. However, for citizens of Ukraine and stateless persons who permanently resided on the territory of Ukraine, who arrived in the Russian Federation in search of asylum, as well as for family members who arrived with them, temporary asylum is granted in a simplified manner (clause 2 of article 12 of the Federal Law of February 19, 1993 No. 4528-1

;
clause 2 of the Procedure, approved. Decree of the Government of the Russian Federation dated 04/09/2001 No. 274
(hereinafter referred to as
Order No. 274
);
clause 1 of the Temporary Rules, approved. Decree of the Government of the Russian Federation dated July 22, 2014 No. 690
(hereinafter referred to as
Temporary Rules No. 690
)).

Note! The simplified procedure does not apply to persons who have applied for temporary asylum in the territory of the Moscow region and Moscow, with the exception of persons living in residential premises in the specified constituent entities of the Russian Federation with relatives (parents, children, grandparents, grandchildren, brothers, sisters ) - citizens of the Russian Federation, foreign citizens and stateless persons who have the right to reside in the Russian Federation (clause 6 of the Decree of the Government of the Russian Federation dated July 22, 2014 No. 690

).

An application for temporary asylum is submitted directly to the territorial unit of the Ministry of Internal Affairs of Russia or through the MFC, if the body of the Ministry of Internal Affairs of Russia uses its infrastructure to receive such applications (clause 2 of Temporary Rules No. 690

).

The applicant and his family members (clause 3 of the Temporary Rules No. 690

):

• are subject to mandatory fingerprint registration;

• undergo a medical examination within 10 calendar days from the date of application.

The decision to grant temporary asylum is made by the territorial body of the Ministry of Internal Affairs of Russia within three working days from the date of filing the application, however, a certificate of temporary asylum is issued within a working day only after the applicant and his family members present a medical certificate on the results of a mandatory medical examination (clause p. 5, 7 Temporary Rules No. 690

).

Citizens of Ukraine who have received temporary asylum in the Russian Federation acquire rights, many of which coincide with the rights of persons applying for recognition as refugees or who have received such status. For example, they also have the right to receive medical and medicinal care (clause 7, clause 1, article 6 of the Federal Law of February 19, 1993 No. 4528-1

;
clause 13 of Order No. 274
).

At the same time, there are differences in the legal status of these persons. Citizens of Ukraine who have received temporary asylum in the Russian Federation are not paid a one-time cash benefit (100 or 150 rubles). They are also not covered by pensions (clause 13 of Order No. 274

;
clause 1 of the Decree of the Government of the Russian Federation of May 23, 1998 No. 484
;
Information from the Pension Fund of the Russian Federation dated May 11, 2016 No. “Memo to persons who arrived on the territory of Russia from Ukraine”
).

At the same time, compatriots from Ukraine who have received temporary asylum in the Russian Federation are provided with additional assistance in organizing their participation in the State Program to Assist Voluntary Resettlement in the Russian Federation. Applications of these persons for participation in the State program are considered within 10 working days (clauses 2, 3 of the Decree of the Government of the Russian Federation dated October 8, 2014 No. 1032

;
clause 3 of the Temporary Rules, approved. Decree of the Government of the Russian Federation dated October 8, 2014 No. 1032
).

If there are no obstacles to participation in the State Program, within 15 working days from the date of filing the application, the territorial body of the Ministry of Internal Affairs of Russia issues a certificate of participation in the State Program (clause 4 of the Temporary Rules, approved by Decree of the Government of the Russian Federation dated October 8, 2014 No. 1032

).

Conditions for obtaining citizenship for refugees from Ukraine

It will be quite easy for people from Ukraine who decide to live in Russia to become subjects of our state. Having refugee status, you can use a simplified procedure.

To participate in the general procedure, a migrant must live in the country for at least five years and be officially employed. For refugees, the period is short - only a year of continuous stay in the Russian Federation.

Other requirements for a refugee from Ukraine:

• Knowledge of the Russian language is at a high level. As a rule, this is not a hindrance for Ukrainians.
• Official employment with a salary not less than the minimum wage. Refugees can even be helped to find work.
• It is imperative to comply with the legislation of the Russian Federation. Offenders cannot obtain citizenship. In addition, for the committed acts, refugee status will be revoked.
• The process goes faster for those who have close family ties in Russia.
• Those who were once a citizen of the Russian Federation or had citizenship of the USSR can apply for a simplified procedure.

The requirements for the candidate are simple:

• The person must be an adult.
• Be not judged.
• You cannot have debts to the bank.
• Do not join a terrorist group.
• Have all the necessary documents with you, including a refugee certificate.

If a foreigner meets all the requirements, he has the right to apply to the Main Directorate for Migration Affairs in order to obtain Russian citizenship. Passports can be issued for all family members who came with a foreigner from Ukraine.

What documents are issued to refugees in Russia?

Based on Art. 7 of Federal Law N 4528-I, a refugee from Ukraine or another state, if there are grounds, receives a certificate of the established form , which is the main document of a foreign citizen confirming that he has a special status. It is issued exclusively on paper. Children can be included in the document if the foreigner fled his homeland along with minors.

sample refugee certificate

A refugee certificate is the main document that gives a forced migrant the right to legally stay in Russia.

If it is available, a person from a foreign country can count on social security and housing from the state. He has the right to officially work in the Russian Federation and enroll his children in schools and kindergartens.

Some people cannot acquire refugee status, but the authorities provide them with temporary asylum. Such citizens, on the basis of Art. 12 of Federal Law N 4528-I issue certificates of a certain format on paper.

Registration procedure

Step-by-step instructions for obtaining Russian citizenship:

• First, leave your country and enter the Russian Federation on the basis of the received refugee status based on Art. 12 Federal Law “On Refugees” dated February 19, 1993 No. 4528-I;
• Next, you should obtain a temporary residence permit. The refugee is provided with certain state support, including training in the state. institutions, registration of benefits, etc. Foreigners also have the right to take courses to study the Russian language;
• then you need to submit papers for obtaining a residence permit. Only a residence permit gives the right to become a citizen of the Russian Federation;
• Before submitting a package for registration of citizenship, you must renounce your status as a citizen of another country at the embassy of the country. This process is not complicated, especially if the acquisition of citizenship is carried out by a person with refugee status;
• After a certain period, an application is submitted to obtain Russian citizenship.

To obtain Russian citizenship, candidates will have to pass a test that will allow them to receive the appropriate certificate.

As for the simplified registration of citizenship in the Russian Federation for citizens of the DPR and LPR moving to Russia, the following requirements are put forward:

• legal capacity and majority;
• testing for knowledge of Russian history;
• timely registration of a temporary residence permit, and then a residence permit.

With the collected package of documents, you need to contact the MFC or the department of the Main Department of Migration in your region. Often, granting the status of a citizen of the Russian Federation is denied due to the lack of specific certificates. Recovering certain papers will make the process easier.

Conditions and documents, in the presence of which refugees are issued Russian citizenship

Persons who have been given temporary asylum and refugees are granted Russian citizenship only at their request, and this is expressed in the submission of an application form.

If a person hopes to return home, he can live in a country with a special status for as long as he needs. Every year and a half there is a re-registration, as a result of which the refugee can retain his status for another period of time. A certificate of temporary asylum is valid for a year, but it can also be extended.

If a person decides to connect his life with Russia and wants to obtain citizenship, then he faces a rather difficult path to a Russian passport, consisting of several stages.

Please note that the information given in the laws is somewhat different from reality. For example, the Law “On Refugees”, namely Article 8, states that a refugee has the right to apply for a residence permit or citizenship. Federal Law 115 “On the legal status of foreign citizens in the Russian Federation” states that a person with refugee status can apply for a residence permit without first obtaining a temporary residence permit. And in Presidential Decree No. 1325 we can see information that when applying for citizenship, a refugee does not need to provide a residence permit.

In practice, in 2021 refugees will be granted Russian citizenship in the same way as all other foreign citizens.

A forced migrant must go through three stages on the way to a passport:

1. Get RVP. Refugee status does not even give a person the right to obtain a permit without a quota. The exception is for Ukrainians. From November 1, 2021, immigrants from Ukraine who are refugees should not receive a quota. The rest first seek the allocation of a quota (refugees are usually given it the first time), and then make a temporary residence permit.
2. Apply for a residence permit. With amendments to the legislation coming into force on November 1, 2021, the status is issued without an expiration date . In general, if you don’t want to lose your past citizenship, then you can stop with a residence permit. You just need to remember to give notice of residence every year. A refugee or a person to whom Russia has temporarily given temporary asylum loses his status if he applies for a residence permit and receives it.
3. Citizenship. Next, you need to decide which path to take next towards citizenship. If you have close relatives in Russia, work experience in a certain profession, or another basis listed in Article 14 of the Federal Law “On Citizenship,” then you can apply for a simplified application. This means that you will not have to live under a residence permit for some period before submitting an application for Russian citizenship. In addition, the application will be considered faster - within three months. No reason? Then you need to follow a more complicated path - getting a passport through the general registration procedure.

Refugees can also benefit from government programs. Able-bodied people from Soviet families, for example, can, after issuing a temporary residence permit, try to register as a participant in the State Program for the Resettlement of Compatriots . Then you won’t need to apply for a residence permit, but you can immediately submit your citizenship papers.

People with perfect knowledge of the Russian language, who have ever had ascendant relatives living in Russia, that is, from mothers/fathers to great-grandfathers and beyond, can go to citizenship through the Russian Native Speakers program . Then you will be able to skip the RVP stage.

What documents do refugees prepare to obtain Russian citizenship?

Let's look at the list that is needed when registering in general order. In addition to the application form in two copies, to obtain Russian citizenship, a refugee prepares a package of documents, which includes (both originals and copies):

• tear-off part of the notification form of arrival at the place of stay;
• a notarized copy of the passport with a translation into Russian;
• a copy of the birth certificate certified by a notary with a translation;
• if the refugee is married or previously dissolved it in his homeland, copies of certificates of conclusion and/or dissolution of the marriage union, translated into Russian and certified by a notary, are needed;
• certificate of knowledge of the Russian language. It will not be required for men over 65 or women over 60;
• TIN (copy of certificate), issued in the Russian Federation;
• a certificate in form 2-NDFL or 3-NDFL, confirming the applicant’s income, or a certificate of income of the person on whom he is dependent;
• copies of all completed sheets of the work book, certified by the employer. If for some reason the work book was not created, certified copies of contracts confirming the completion of the work are needed;
• receipt of payment of the fee (for each applicant, including minors – 3,500 rubles).

If the refugee is a child, for Russian citizenship he will need the same package of papers, with the exception of “adult” documents - a work book, national passport, marriage certificate, certificate of proficiency in Russian.

Please note that the lists in different regions of the Russian Federation may differ. Check everything with your migration department.

Remember: all necessary documents must be perfectly drawn up. No corrections, cross-outs, false or incorrect information. Otherwise, you will not only waste time and money (the state duty is not refunded), you may also be deprived of the special status and privileges that it gives, and forced to leave the country.

Where to submit papers and how long to wait

Federal Law No. 62-FZ of May 31, 2002 provides for the submission of applications on migration issues, including those related to the acquisition of citizenship, to the Main Migration Directorate of the Ministry of Internal Affairs of the region in which the applicant lives. Documents are submitted by the refugee himself (a person who has temporary asylum) or his legal representative (if the child is under 14 years old or if the applicant is incapacitated).

When obtaining Russian citizenship according to the general algorithm , representatives of the law have a year to consider applications from foreign citizens. When applying through programs or on simplified grounds, the terms are reduced to 3 months . After the period allotted for consideration of the application has expired, the applicant will be informed of the decision - refusal or consent to issue a Russian passport.

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Documentation

The following documents will be required:

1. Internal passport of another state.
2. Application (Citizenship Application)
3. Birth certificates of children (if available).
4. Refugee certificate.
5. A document confirming the source of income from the place of employment.
6. Military ID.
7. Medical book.
8. A certificate certifying the absence of an outstanding criminal record.
9. Receipt of payment of the duty.
10. Photo cards 3 by 4 cm.
11. A paper that confirms the renunciation of citizenship of the native country (with the exception of subjects who, due to some serious circumstances, cannot renounce their previous citizenship).

The package of documents may change. A GUVM employee will give you a specific set of papers for a specific person. You must have both original papers and photocopies of official documents with you. Payment of the state tax is a mandatory condition for those who wish to become a citizen of the Russian Federation. People coming from Ukraine need to pay 2 thousand rubles. You should save the receipt as you will need it in the future.

Employment in the Russian Federation

As a general rule, adult foreign citizens must have a work permit or a patent to work in the Russian Federation (Clause 4, Article 13 of the Federal Law of July 25, 2002 No. 115-FZ

).

However, an exception has been made for refugees, including those from Ukraine, as well as persons who have received temporary asylum in the Russian Federation. They, like citizens of the Russian Federation, can work under an employment or civil contract, carry out business activities without any special permission (clauses 11, 12, clause 4, article 13 of the Federal Law of July 25, 2002 No. 115-FZ

).

Common mistakes

Registration of a Russian passport usually proceeds without problems, but there are provisions due to which citizenship is denied:

• the person has not fulfilled all the requirements or does not meet the following conditions: he is a criminal, has a debt in the bank, etc.
• provision of false papers or not all documents from the approved list. In such a situation, you will have to collect official papers again and fill out an application.
• refugee status is fictitious or its validity has expired. In this case, you will either have to renew it or fulfill the requirements for participation in the general order.

Conditions for obtaining citizenship

Refugee status allows a person to obtain citizenship of the Russian Federation quite simply, since he can qualify for a simplified scheme. As you know, the general procedure for obtaining citizenship provides for mandatory residence in the country for 5 years. In addition, you need to speak Russian fluently and have a legal source of income sufficient to provide for yourself and your family. Refugee status allows you to apply for Russian citizenship after 1 year of stay on the territory of the Russian Federation.