Innovations for 2021 about temporary residence permits
A temporary residence permit (TRP) allows a foreigner and stateless person to stay legally in the country before obtaining a residence permit. The Law on Citizenship of the Russian Federation 2021, in its latest edition, does not mention innovations when obtaining a temporary residence permit. They are reflected in two other laws:
- in Federal Law No. 114 of August 15, 1996;
- in Federal Law No. 115 of July 25, 2002.
According to this year’s amendments, in Federal Law No. 114 of August 15, 1996 “On the procedure for leaving the Russian Federation and entering the Russian Federation”:
- foreigners and stateless persons now receive an ordinary visa for 4 months if they intend to obtain a temporary residence permit;
- Foreigners and stateless persons who have received a temporary residence permit can enter and leave Russia using identification documents and temporary resident visas.
In Federal Law No. 115 of July 25, 2002, changes concerning temporary residence permits are of a formal nature. In particular, from December 5, paragraph 2 of Article 6 will be supplemented with a paragraph stating that the Government will approve the rules by which quotas for temporary residence permits will be distributed. Additions to Law 62 Federal Law “On Citizenship of the Russian Federation” come into force on September 1, 2018 and have the following character.
A new article 11.1 has been introduced, containing the text of the oath for the person receiving citizenship. Now all “new” Russians are required to take an oath, and if they refuse to do this, according to the amended Article 22, citizenship will be revoked. The same article expands the grounds for reversing a decision regarding citizenship. In addition, according to the additions to Art. 37, the date of acceptance of citizenship is considered not the day when such a conclusion is made by the authorized body, but the day when the newly minted Russian takes the oath.
Russia has a new citizenship law: Video
Decree of the President of the Russian Federation on simplified acceptance of Russian citizenship
Different people of different nationalities constantly move around the globe. Reasons for this: marriages, wars, studying in a foreign country, profitable work on another continent, moving to relatives for permanent residence in a new country.
- A document or a duplicate of a document issued on the territory of the Federal Republic of the SSR before September 1, 1991.
- A document issued after September 1, 1991 by a higher institution that has state accreditation on the territory of the Russian Federation.
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Obtaining citizenship according to the general scheme
The laws of Russia provide for the procedure for obtaining Russian citizenship according to a preferential and generally accepted scheme. Legally capable and adult foreigners and stateless persons can become a Russian citizen on a general basis if they:
- have lived in the Russian Federation for 5 years or more. This period is counted from the date of obtaining a residence permit until the day when the application for change of citizenship is submitted;
- give an obligation to follow the Constitution;
- work legally;
- renounced their current citizenship;
- They speak Russian well.
Citizenship issues are regulated not only by federal laws and the Constitution, but also by government resolutions on the issue of obtaining Russian citizenship.
General nuances
If the applicant does not fall under the criteria of the simplified procedure, he must go through the procedure in the general manner. To do this, certain conditions must be met:
- Be able to work;
- Age - from 18 years;
- Have sources of income not prohibited by law;
- Renounce current citizenship;
- Fluently speak, read and write in Russian;
- Residence within the Russian Federation for 5 years on the basis of a residence permit.
FMS employees often violate the law and make additional demands, hoping that citizens do not know their rights and will be afraid to defend them. Such problems are resolved through the courts.
Who does the simplified procedure apply to?
In Art. 14 of the Federal Law on Citizenship of the Russian Federation No. 62 of May 31, 2002, presents the contingent of persons who have the right to become Russians under a simplified plan.
A foreigner and stateless person, if he: | Conditions of receipt |
Full age and capable | 1. Father or mother is Russian and lives in the Russian Federation. 2. He was a Soviet citizen, lived and still lives in the former republics of the USSR, but did not accept citizenship of the country of residence. (one of the conditions) |
Lives in Russia | 1. Was a citizen of the Soviet Union, born in the RSFSR. 2. Married to a Russian man or married to a Russian woman for at least 3 years. 3. Disabled and has Russian children over 18 years of age who are capable of acquiring rights and performing the duties of a Russian citizen. 4. There is a child who is a citizen of Russia, and the Russian parent has either died/disappeared, is incapacitated, or has lost the rights to support and raise the child. 5. Has adult, incapacitated Russian children if the other Russian parent has either died/disappeared, is incapacitated, or has lost the rights to support and raise the child. (one of the conditions) |
Has the status of a native speaker of Russian, stays in Russia continuously and legally | 1. Gave an obligation to comply with the Constitution of Russia. 2. Works officially. 3. Formally renounced other citizenship. (all conditions) |
Child | 1. If the father or mother is Russian. 2. Has only one parent, and he is a Russian citizen. 3. If his guardian is a Russian citizen. 4. He is assigned to a Russian institution for orphans. |
Incapacitated | 1. If his guardian is Russian. 2. Placed in a medical or educational institution. |
Participant of the state program for the resettlement of compatriots | 1. His relatives are registered in the region he has chosen for residence. |
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The new law on obtaining citizenship in Russia in 3 months has made life significantly easier for Kyrgyz, Belarusians, and Kazakhs. We are talking about a 4-party international treaty dated February 26, 1999. They can obtain citizenship 3 months after submitting an application for citizenship. Preferences for acquiring Russian status are also available to WWII veterans. Let's consider who else has the right to take advantage of the preferential procedure for acquiring Russian citizenship.
For those who studied in the Russian Federation
It is easier to obtain Russian citizenship for students who studied in Russia after July 1, 2002, and educational institutions must be accredited by the state.
Presidential Decree on Russian citizenship No. 1325 dated November 14, 2002, as amended in September this year, instructs such persons to submit to obtain citizenship along with other documents:
- diploma of education with attachments;
- work book;
- information about the ILS in the Pension Fund.
In addition, after studying they must officially work in our country for at least 3 years.
For entrepreneurs
An individual entrepreneur can obtain Russian citizenship faster than after 5 years under the following conditions:
- he must have been engaged in business in the Russian Federation for at least 3 years;
- the total amount of taxes, fees and insurance premiums paid during this time should not be less than 1 million rubles.
In 2021, an additional one has been added to the main list of documents that an individual entrepreneur must submit for citizenship. It includes:
- extract from the Unified State Register of Individual Entrepreneurs;
- information on annually paid taxes and fees.
Also, a foreigner or stateless person provides information about insurance premiums for himself and for employees, if he is an employer. The listed amendments to the law on citizenship of the Russian Federation of 2021 have not been made, but they are in Presidential Decree No. 1325 as amended on September 3, 2018.
For investment
The possibility of acquiring citizenship by investment positively characterizes the development of citizenship legislation in the Russian Federation at the present stage. For a large foreign investor, the law provides for the following conditions:
- its share in the authorized capital of a Russian company (legal entity) is equal to or more than 10% for 3 years before filing the application;
- the amount of the authorized capital must be equal to or greater than 100 million rubles.
In addition, over three years, the legal entity pays to the treasury of the Russian Federation an amount equal to 6 million rubles or more in the form of fees, taxes and insurance premiums.
According to a labor patent
A simplified procedure is possible for foreigners and stateless persons if they have worked legally for at least 3 years in professions specified in a special list approved by the Ministry of Labor of the Russian Federation. it is available on our website. These categories of persons additionally provide a work record book or employment contracts and information about the individual’s personal information from the Pension Fund of the Russian Federation.
Putin signed a new Decree on simplifying the process of obtaining Russian citizenship for foreigners and stateless persons
c) citizens of Ukraine and stateless persons who have a temporary residence permit in the Russian Federation (hereinafter referred to as a temporary residence permit), a residence permit in the Russian Federation (hereinafter referred to as a residence permit), a refugee certificate, a certificate of temporary asylum in the territory of the Russian Federation (hereinafter referred to as a certificate of provision of temporary asylum) or a certificate of a participant in the State program to assist the voluntary resettlement to the Russian Federation of compatriots living abroad, permanently residing in the territories of certain regions of the Donetsk and Lugansk regions of Ukraine as of April 7, 2014 and April 27, 2014, respectively, as well as their children, including adopted children, spouses and parents;
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one of the documents confirming the right to stay (residence) in the Russian Federation (visa, migration card, temporary residence permit, residence permit or other document provided for by the Federal Law of July 25, 2002 No. 115-FZ “On the legal status of foreign citizens in the Russian Federation" or an international treaty of the Russian Federation);
Citizenship for children
A child born to Russian citizens automatically acquires citizenship. And it doesn’t matter in which state he was born. No special documents proving this fact are usually required. But sometimes it is still legally necessary to obtain citizenship for a newborn. For example, if documents are submitted for registration of maternity capital, the child is taken abroad and in a number of other situations.
A child can become a citizen even when one of his parents has citizenship or both of them are foreigners. True, in the latter case he must be born in Russia, and the state to which his parents belong does not give him the legal status of a citizen. All disputes and conflicts arising in this regard are resolved in court, as indicated by Article 41 of the Federal Law “On Citizenship of the Russian Federation”.
Documentation
In order to legalize the stay in the country at the legislative level, a foreigner will need the following package of documents:
- Official papers fully and plausibly reflect his personal data;
- Copies of all identification documents certified by a notary office;
- Medical certificates certifying that the applicant does not have serious illnesses or disabilities;
- A document reflecting the absence of outstanding criminal records in the territory of the country of previous residence, and a certificate stating that the repatriate does not have administrative fines in Russia.
- Paper confirming payment of state duty;
- Documents confirming the solvency of a foreign person.
For children, official representatives must provide a birth certificate of the child and a written agreement from one of the parents to grant Russian citizenship.
Changing the powers of employees of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation
In April 2021, the President of Russia signed a decree abolishing the FMS. Following this, a new structural unit appeared in the Ministry of Internal Affairs of the Russian Federation - the Main Directorate for Migration Issues or GUVM. It assumed the powers of the FMS. By Presidential Decree No. 395 of August 4, 2021, changes were made to the Regulations on the procedure for considering issues of citizenship of the Russian Federation, according to which all references and names of the abolished service were replaced with new, relevant ones.
In 2021, the text of the Regulations was again adjusted in accordance with Presidential Decree No. 410 of September 3. Now it is allowed to present not only the original passport, but also its copy certified by a notary, and instead of a pension certificate, you can present a certificate from the Pension Fund about the assigned pension.
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New law on Russian citizenship in 2021 with amendments
In 2021, a new law on obtaining citizenship came into effect. It is aimed at legalizing the temporary stay of citizens of other countries on Russian territory. He also seriously touched upon the document on temporary residence permits. First of all, this concerns citizens of Ukraine. Now they do not have to wait for their president to review and sign an application to deprive them of their citizenship status. A notarized written renunciation of Ukrainian citizenship must be attached to the set of documents for obtaining Russian citizenship.
The new Federal Law No. 62 on Russian citizenship provides an opportunity to attract businessmen, investors, and highly qualified specialists to the state.
Important! To obtain citizenship, you must have a temporary residence permit.