Stateless persons are individuals who do not have citizenship of any existing country. In other words, stateless persons are people who do not have resident status. Stateless persons can be found in any republic, including Russia. It is in this state that stateless persons make up about 0.10 percent of the total population. Let’s try to figure out how status is “lost” and what responsibilities and duties such persons have.
The main administrative provisions of persons without citizenship in the Russian Republic are regulated by the law on migration registration. According to the provisions of the law, stateless persons residing in the Russian Federation temporarily or permanently are required to obey current legislative acts.
According to Law No. 109 of the Russian Federation, stateless persons are individuals who live in the territory of a certain country, but for some reason cannot be recognized as full residents of this state. In legal vocabulary, stateless persons are called stateless.
Stateless persons are not deprived of administrative and legal responsibilities. People with this status bear the same responsibility to the country of permanent residence as citizens of this republic. They, like citizens of the Russian Federation, are obliged to pay taxes, have the right to choose a permanent place of residence, take care of their health, receive social benefits and others.
The peculiarity of people with this status is that they do not have the right to diplomatic protection, since they do not have a permanent country of citizenship. Another distinctive feature is that many of the stateless people do not have internal passports.
Causes
Unfortunately, today in the country there is a concept that a stateless person is something terrible and necessarily criminal. But that's not true. It is wrong to believe that a stateless person is a socially disadvantaged person or someone who has lost his legal capacity and has some kind of shortcomings. Nowadays, everyone risks becoming stateless.
There are several reasons why a person may lose or not obtain citizenship status. This:
- Upon birth. If the child’s parents are persons who do not have the status of a citizen of any state, then they cannot assign citizenship to the born child, since membership in the country is determined by the citizenship of one of his parents. But there are cases of exceptions. This applies to those countries that, according to current legal provisions, can assign the status of citizen by birthright in the territory of that country.
For example: if a person was born in Ukraine and his parents are stateless, then the newborn is automatically assigned the status of a citizen of Ukraine. But this situation is more an exception than a pattern. - Upon refusal to belong to the state. This means that a person was previously a citizen of a country and wanted to change his civil status. To do this, according to the legal provisions and norms of the law, he must initially renounce his “native” status, and only then become a resident of another republic. It is during this period of time that a person is called stateless. In this case, such a person is called a “temporary stateless person.”
If a person for some reason refuses his old status, but does not accept the new one, he becomes a stateless person.
- Upon expulsion. Expulsion refers to the application of compulsory measures to leave the country. This means the forced expulsion of a person from the state. The reasons for expulsion can be various situations. Often, forced departure provokes administrative violations. According to the law, a person who has been expelled from the country is automatically deprived of his resident status.
Expulsion from the country
- Illegality of human actions. Serious administrative or legal violations may trigger deprivation of citizenship. For example: a person specifically entered into a fictitious marriage with a foreign citizen in order to obtain citizenship of this republic. According to the provisions of the law, if such illegal actions are detected, the person is deprived of the acquired resident status of this republic.
- Liquidation of the country. If for some reason a state disappears, for example, it becomes part of another, then all its citizens are automatically deprived of the citizenship of that country. A clear historical example of such a situation is the collapse of the Union of Soviet Socialist Republics, which occurred in 1991. At that time, every resident of the USSR was able to carry out the citizenship option procedure.
Regarding the last point, I would like to note that people who have a “red” passport of the USSR today are considered stateless.
Rights and responsibilities of stateless persons
All stateless persons permanently residing in the territory of any country have administrative rights and responsibilities. In European countries, capable stateless persons have the opportunity to enjoy all the social benefits provided to them.
The only prohibition for people with this status is that they do not have the right to participate in elections at the local or state level. That is, according to the laws, in Europe a stateless person does not have the right to hold a high government position, but he can work and study.
Capable stateless persons have the right to reside in the republic only if they have a residence permit or a temporary residence permit in this republic. If a stateless person does not have a permit, then he is obliged to leave the country after 3 months of stay.
Otherwise, the person without citizenship will be deported.
As for Russia, it can be noted that in this country stateless people do not have the right to participate in elections. A stateless person can easily obtain health insurance. Stateless persons also have full rights to enter or leave the state. A person who does not have civil status has the right to officially find employment and pay taxes. Employment and payment of taxes are regulated by Russian Law No. 115.
According to this law, all stateless persons wishing to find a job must obtain a patent.
All employed persons of legal capacity are required to pay a tax of 1.8 percent of their monthly salary. This tax is paid to the social insurance fund in case of unemployment. If a stateless person loses his job, he can count on this benefit.
Stateless persons cannot hold positions in the civil service. That is, a person without citizenship has no right to work as a prosecutor, notary, judge, etc. Such persons, according to legal provisions, can work no more than 40 hours per week. Also, employed stateless persons are provided with sick leave and vacation.
Providing sick leave
Persons without citizenship have the right to communicate on equal terms with residents of Russia.
It is worth remembering that in addition to rights, a stateless person also has responsibilities. Thus, after entering the Russian Republic with a visa or other permit, a person without citizenship is required to register within the first 3 days after entry. Migration registration is carried out at the regional branch of the Main Directorate for Migration.
A competent person without citizenship is subject to both administrative and criminal liability for failure to comply, violation or non-compliance with basic provisions, rules and existing laws. This concerns responsibility for compliance with the migration regime.
Deportation
In case of violation of duties and responsibilities regarding staying within the deadline for permits or visa documents, a capable person may be deported from the country. The decision is made in court. All costs associated with deportation are borne by the offender.
For administrative violations, a stateless person can be expelled from the country. Expulsion is a forced departure by court decision. All costs associated with forced departure are also borne by the offender.
Who are LBG
Stateless persons do not have citizenship of any state.
A stateless person in the Russian Federation is, as is clear from the wording, a person who does not have Russian citizenship. At the same time, he does not have evidence that would make it possible to classify him as a citizen of any other state. Another term applied to such people is stateless .
“As of 2021, at least one hundred thousand LBG lived in the Russian Federation,”
— data from the Memorial human rights center.
This figure is the result of the collapse of the Soviet Union. The overwhelming majority of stateless persons in the Russian Federation are former Soviet citizens who, for various reasons, have not received passports from either Russia or another country.
Border crossing
The concept of stateless means a person who does not have permanent citizenship. Accordingly, if a person does not belong to one of the countries, then he does not have an internal civil passport. Nowadays it is difficult to meet a stateless person who has such a document.
Residence permit in the Russian Federation
Stateless persons are not deprived of the right to obtain visas and entry permits. But to obtain a visa, a stateless person will need to present a document that will prove his identity. Such a document could be:
- Certificate confirming the fact of birth.
- Resident card.
- Temporary residence permit.
- Invalid passport.
Entry into the republic for stateless persons is possible only with a visa permit. The visa is issued in the state from which the person without status arrives. If a stateless person does not have a visa, but is in the state, he is considered an illegal immigrant who must be deported from the republic. The departure of a stateless person is also carried out on the basis of a visa.
Permit for temporary stay in the Russian Federation
Other ways to legalize LBG in the Russian Federation
The remaining options are designed for stateless persons who have an identity document. They receive citizenship and passports according to the same schemes as any foreign citizen.
Registration through the Russian consulate
In migration legislation, namely in Part 1 of Article 14 of Federal Law No. 61, there is a basis that allows LBG to undergo the registration procedure through a Russian representative office in a foreign state.
That is, if a person lives, for example, in Ukraine, then he can come to the Russian consulate in this country and immediately submit papers for citizenship. Obtaining a Russian temporary residence permit and residence permit is not required.
You can use this scheme if:
- were previously a citizen of the Soviet Union;
- you are legally capable;
- recognized as LBG;
- have previously lived or currently live in one of the former Soviet republics, but have not received citizenship of this state.
Only applicants who never received any citizenship after the collapse of the Union can apply on this basis. That is, throughout their lives they had only Soviet citizenship.
On the same basis, you can become a Russian from the territory of the Russian Federation. But then you must first obtain a temporary residence permit and residence permit.
Obtaining a passport from Russia
All other methods of becoming a Russian citizen require that the person be legally in Russia. You must enter the country legally and register for migration here. Next, the stateless person goes through three stages:
- The first step is the process of obtaining a temporary residence permit (in some cases you can skip it ).
- The next step on the way to a passport is obtaining a residence permit.
- If you have a residence permit for LBG, the doors will open to apply for Russian citizenship.
A residence permit holder can become a Russian citizen in several ways:
- in general order
- simplified,
- through government programs.
How to get a Russian passport in general order
This method is designed for those LBGs who do not fall under the requirements for simplified registration. To apply according to the general scheme, you need to live permanently under a residence permit for five years. Previously, the Ministry of Internal Affairs will not accept the application.
Read on the topic: How to obtain citizenship if you have a residence permit
Simplified procedure
- GCitizenship
Simplified citizenship of the Russian Federation: methods of obtaining
- Elena Voropaeva
- 07.08.2020
Article 14 of Federal Law 62 provides the grounds that allow you to become a Russian faster. They can be used by both citizens of other states and LBG.
The main benefit is that with simplified registration, you can submit citizenship papers immediately after issuing a residence permit. Among the reasons, many stateless people find a suitable option for themselves. As we mentioned earlier, LBG - immigrants from the Soviet Union - can undergo a simplified procedure.
If you have a Russian parent, then this also gives you the right to a faster path to your passport. There are options for obtaining citizenship for Russian children and spouses.
See the table for the full list.
Full list of reasons
Passport through NRY
- GCitizenship
How to grant Russian citizenship to Russian speakers
- Elena Voropaeva
- 23.07.2019
The Russian Speaker Program is an excellent legalization option for people who became stateless as a result of the collapse of the Union. Through the project you can become a Russian citizen within a year. There are several conditions - you need to know Russian as your native language. Former Soviet citizens should have no problems with this.
Secondly, it is necessary that you or your mother/father, grandmother/grandfather, in general, one of your relatives in a direct ascending line, have lived in the past or present in the territory now occupied by the Russian Federation.
Summarize. Despite the fact that most stateless people come from the USSR, Russian legislation does not distinguish LBG into a separate category. In the eyes of the law, they are foreigners, so the requirements for them are the same as for foreign citizens. Legalization of stateless persons occurs in accordance with Articles 41.1, 13 and 14 of the Federal Law “On Citizenship”.
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Obtaining a residence permit
Often a stateless person does not have any documents that could prove his identity. In this case, if a person is temporarily or permanently in the Russian Republic, he should contact the regional department of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs with a request to issue a temporary residence permit, or residence permit.
To obtain a residence permit or temporary permit, a stateless person must contact the Main Directorate for Migration and Migration. You can obtain a temporary permit for 1 year. A residence permit is granted to a stateless person for 5 years.
But before receiving a residence permit, a stateless person must live in the republic for at least one year with a permit allowing temporary stay.
The procedure for obtaining permits is simple: a stateless person comes to the organization, presents special documents indicating that he is not a resident of any of the existing countries and writes an application for obtaining a temporary residence permit. After this, the stateless person is required to undergo the procedure of dactyloscopy (fingerprinting).
Only persons who are 18 years old at the time of submitting the application are required to undergo fingerprinting. In addition to fingerprinting, the stateless person is photographed for personal records. This is done if he does not have documents with photos that prove his identity.
Fingerprinting procedure
Reasons for refusal
The reasons for refusal to obtain a temporary permit or residence permit may be:
- Potential threat to the state from the applicant. This may happen if GUVM employees believe that the applicant may harm the health of the nation or cause significant harm to public order.
- Deportation. If the applicant was previously subjected to forced departure from the republic, then his application for a residence permit or temporary residence permit will be denied.
- Having a current or unsealed criminal record.
How to obtain official status as a stateless person in 2021
The legislation of the Russian Federation provides for the possibility of a stateless person residing in the country if he has an identity card, which can be:
- temporary residence permit;
- resident card.
Read also: Do Russians need a passport to Kazakhstan?
It will not be possible to obtain a residence permit immediately, since the procedure requires the need to stay in the country for at least 1 year from the moment of crossing the state border.
Obtaining a residence permit occurs according to the following algorithm of actions:
- visit the migration service department at the Ministry of Internal Affairs at the place of actual residence;
- submit the prescribed package of documents;
- undergo a fingerprinting procedure;
- take photographs for documents.
Required documents
A stateless person will be helped by any documents that can be used to identify his or her identity:
- birth certificate;
- invalid passport;
- an application with which a stateless person applied to obtain a temporary residence permit.
Any documents that can confirm the identity of the applicant will be useful.
Identification
Article 10.1 of Federal Law 115 establishes the procedure for completing the identification procedure. To do this, a stateless person must personally visit the branch of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for Migration Issues with a corresponding application.
Identification Application Form
The document states:
- full name;
- Date of Birth;
- the exact period of stay in the Russian Federation and the purpose of arrival.
In addition, you must attach original identification documents.
After registering the application, the Ministry of Internal Affairs officer provides the applicant with an inventory of all submitted documents.
Important! The Migration Service may require additional documentary data to identify the applicant.
It is possible that witnesses, acquaintances, friends, neighbors and other persons with Russian citizenship will be invited to the conversation. In addition, additional identifications and interviews are carried out. After completing the verification, the stateless person is provided with a special certificate with a 3x4 cm photograph - a temporary identity card - within 90 days.
Is refusal possible?
The main reasons for refusal to provide a temporary permit or residence permit are:
- identification of a potential threat to the interests of the state from a stateless person. This happens if migration service officers consider reasonable suspicions of possible harm to the health of the nation or significant damage to public order;
- deportation. The applicant had previously been forcibly deported from the country for violating the law;
- a current or outstanding criminal record has been identified.
