Article 9. Grounds for refusal to issue or cancellation of a residence permit

Incorrect information on the application

As migration lawyers note, today migrants most often receive a refusal to issue a residence permit due to the provision of knowingly false information . Such cases are divided into two types.

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In some cases, foreign citizens deliberately write incorrect information in the application, for example, about relatives, places of work, conceal information about their criminal record, etc. In such situations, the applicants themselves are to blame and the migration authorities have every right to refuse to issue a residence permit.

But other cases often occur. The person seemed to have written everything honestly in the application and was confident that he had provided complete information. But he still receives a refusal of a residence permit due to allegedly false information.

This often happens due to a banal discrepancy between the information in the application and the information that the foreigner has in the migration authority’s database.

For example, information about registration was not included in the migrant’s dossier, although the person was registered, or about the place of work, although the citizen was working. This usually happens due to mistakes by officials, but foreigners have to pay the price. In such situations, you can and should seek justice and try to overturn the refusal.

Refusal to issue a residence permit: reasons

But things don’t always work out as smoothly and problem-free as for the citizen of Belarus from the previous example. There are frequent cases of refusal to issue a residence permit or its cancellation. Reasons described in detail in Federal Law No. 115 of July 25, 2002 (as amended on December 31, 2017):

1. Infringement of the rights of citizens, violation of the fundamentals of the Constitution of the Russian Federation.
2. Participation in the organization and financing of terrorist acts.
3. Exposure to deportation from the state over the past 5 years (Federal Law No. 224 of July 23, 2013).
4. Having an outstanding conviction for a particularly serious crime.
5. Loss of Russian Federation resident status.
6. Conviction for committing a particularly serious crime (Federal Law No. 224 of July 23, 2013).
7. The presence of drug addiction or diseases caused by the immunodeficiency virus (Federal Law No. 438 of December 30, 2005).
8. Intentionally providing false documents.
9. Entering into a fictitious or invalid marriage with a citizen of the Russian Federation.
10. Expiration of the document (https://FZ No. 83 dated May 19, 2010), etc.

Important! Immediately after receiving a notification of refusal to issue a residence permit, the permissible period for appealing the decision of the Migration Authorities begins.

Entry ban

There are a number of reasons why a residence permit may be refused.
Another common reason why migration authorities may refuse to issue a residence permit is the application to the applicant of such a restriction as an entry ban, or, as it is called in legal language, non-permission entry

The migrant may not even know that a ban has been applied to him. As a result, he applies for a residence permit, but they refuse to grant him status. If you have had administrative violations, or there have been violations of the regime of stay/residence in Russia, then before applying for permanent resident status, check whether you have a refusal to enter the Russian Federation.

Problems with the law and refusal to issue a residence permit

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The basis for refusal to grant a residence permit in Russia may be the presence of a criminal record if it is unexpunged or unexpunged at the time of submitting the application. But the law deals only with cases involving the commission of grave and especially grave crimes.

Also, if a citizen is convicted of articles related to drug trafficking, he will not be issued a residence permit, and if the status was assigned earlier, it will be revoked.

Administrative offenses

If the applicant wants to avoid being denied permanent resident status, then he should strictly comply with the administrative code. The law states that if there are two or more administrative violations in a year, a residence permit will not be issued, but the valid status will be deprived.

Due to two administrative offenses in a year, you can lose your status

But the normative act clarifies that offenses are counted only in certain areas related to:

• violation of public order;
• non-compliance with migration requirements;
• violation of employment rules;
• committing offenses related to drug trafficking.

According to statistics, administrative offenses often become grounds for depriving migrants of their residence permits.

How to appeal a refusal to issue a residence permit

• A foreign citizen will be refused a residence permit in the Russian Federation if he advocates changing the foundations of the constitutional system of Russia by force or is a threat to the security of the country or its citizens.
• Refusal of a Russian Federation residence permit is provided for foreign citizens who finance or are involved in extremist and terrorist activities.
• The basis for refusal of a residence permit is administrative expulsion from the Russian Federation during the last five years, as well as deportation during the last ten years preceding the submission of the application.
• A common reason for refusal of a residence permit is the provision of knowingly false information about oneself, as well as the provision of false documents.
• A foreigner convicted of committing a serious or especially serious crime, or a crime related to drug trafficking, will also be denied a residence permit.
• The basis for refusal of a residence permit is also an outstanding conviction for serious and especially serious crimes committed in the Russian Federation or abroad.
• A residence permit in Russia will also be refused if a foreign citizen has been brought to administrative responsibility two or more times for violating the regime and order of stay/residence/work, as well as for violating the legislation of the Russian Federation during the last year before submitting the application.
• A residence permit will also be refused if the foreigner has not provided sufficient evidence that he has the opportunity to support himself and his family members without resorting to state help.
• Also, a foreign citizen will be denied a residence permit if, after three years from the date of entry into Russia, he does not have residential premises.
• A refusal of a residence permit will also not be long in coming if the foreigner has left Russia for another state for permanent residence or has been outside Russia for more than six months.
• A fictitious marriage for the sake of a residence permit is also the official reason for refusal of a Russian residence permit.
• HIV infection (violations of legal requirements related to the disease), drug addiction, infections dangerous to others - these are also grounds for refusal of a residence permit.

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You can appeal a decision to refuse to issue a residence permit in the Russian Federation in administrative and judicial proceedings.

The administrative procedure for appealing a refusal to issue a residence permit involves filing a complaint against the received decision to the leadership of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs, and not to the court in order to prove the illegality of the decision made by the employee of the Department of Internal Affairs of the Ministry of Internal Affairs or the commission of errors in the process of considering the application and package of documents.

Despite the procedural simplicity, practice shows that the administrative procedure for appealing refusals of a residence permit very rarely leads to the desired results, in contrast to the judicial procedure, which is considered more promising.

The judicial procedure for appealing a refusal to issue a residence permit involves filing a complaint against the received decision in court.

At this step, it is incredibly important to correctly draw up an administrative claim, determine the scope of requirements, and prepare the evidence base.

After which the court, as an independent arbitrator, evaluates the contested decision for its compliance with the law. And if during the trial the facts of violation are established, the court has the right to oblige the Department of Internal Affairs of the Ministry of Internal Affairs to eliminate them and issue the foreign citizen a residence permit in Russia.

Important! If you want to appeal the refusal of a Russian residence permit in court, a lawyer can obtain preliminary protective measures in the form of a temporary suspension of the refusal, which will give the foreign citizen more time to resolve the issue.

Important! You can get help in appealing a refusal of a residence permit from a lawyer, write to our online consultant and he will help you suspend the refusal and appeal it in court.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

We invite you to read: Failure to comply with a court order - advice from lawyers and lawyers
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A foreigner may be denied a residence permit or temporary residence permit for several reasons:

1. If the applicant advocates that the foundations of the legal system of the Russian Federation need to be forcibly changed, commits actions that create a threat to the security of the country;
2. If a migrant finances or plans terrorist acts, assists other persons in committing them, or takes direct part. Refusal to issue a residence permit is also issued in all other cases when a person directly or indirectly supports extremist activities;
3. If the applicant, during the five years preceding the day of submitting documents for registration of a temporary residence permit or temporary residence permit, was brought to administrative liability in the form of expulsion from the country, deportation, or was repeatedly subjected to such types of punishment within ten years;
4. If forged documents were submitted to the Ministry of Internal Affairs or the foreigner provided false information in the application;
5. If a citizen of another state has a criminal record for committing a serious or especially serious crime, an act related to the trafficking of narcotic substances;
6. If the migrant has an outstanding or unexpunged conviction for committing a serious or especially serious criminal act. A refusal to issue a residence permit on this basis will be issued regardless of where the crime was committed;
7. If a person has been repeatedly brought to administrative responsibility for violating Russian administrative legislation related to ensuring security and the presence of foreign citizens in the country;
8. If the applicant does not have the opportunity to provide the GUVM employee with a document confirming the fact of receiving funds, the amount of which is sufficient to provide him with a living wage. An exception to this rule is allowed only in situations where the person has evidence of disability;
9. If a foreigner has not been able to acquire a permanent place of residence (owned real estate) within three years from the beginning of his residence in Russia;
10. If the migrant left the country for the purpose of permanent residence in another state;
11. If a citizen of another state was outside the Russian Federation for more than six months during the reporting period;
12. If the applicant formalized a relationship with a Russian, which served as the basis for obtaining a residence permit, but subsequently this marriage was declared invalid by a court decision;
13. If the migrant is a drug addict or does not have a document confirming the absence of HIV infections or other diseases that may pose a danger to society;

    
    Sample certificate of absence of HIV infection from the applicant

14. If government officials made a decision that it is undesirable for a migrant to stay on the territory of the Russian Federation, provided that it was properly formalized.

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What other reasons are there for refusal to obtain a residence permit?

There are also less common factors due to which a foreign citizen may be left without a residence permit:

• status will be denied if it is proven that the migrant was involved in terrorist or extremist activities;
• Russia does not issue residence permits to citizens who have attempted to forcibly change the constitutional system of the country, as well as to people who in any way pose a threat to citizens of the Russian Federation;
• deportations from the Russian Federation in the past and expulsions may contribute to the fact that the migration department refuses to issue status;
• if a person, for example, while living under a temporary residence permit, made long trips abroad, which in total exceeded 6 months a year, then his application for a residence permit may be “turned down”;
• drug addiction and the presence of HIV are also grounds for refusal, but in the case of HIV there are exceptions;
• There is another reason - the lack of living space three years after entering the Russian Federation. What is meant here is the following: if a person entered Russia and for three years has never left the country, then he must have registration at his place of residence in the Russian Federation. Those who do not have one may be denied a residence permit. If you entered the country more than 3 years ago, but do not have registration, then before applying for status you need to either do it, or leave the Russian Federation and then enter again, thereby resetting the period of non-existence in the country.

Is it possible to refuse a residence permit yourself?

With the entry into force of amendments to the legislation, which began to take effect in November 2021, citizens who already have a valid residence permit were given the opportunity to independently renounce their status.

In order to have your residence permit revoked, you must write a corresponding application. It is submitted to the migration department of the Ministry of Internal Affairs.

Grounds for refusal to provide a residence permit for foreigners in Russia in 2021

Situations with the issuance of residence permits do not always work out well for migrants. In some cases, it is possible to receive a refusal. The reasons for this are provided for in Federal Law No. 115 of July 25, 2002. These include the following circumstances:

It is necessary to apply for a residence permit in advance when staying in Russia. If you have a temporary residence permit, you must submit an application 2-3 months in advance, since this is how long it takes to process papers for obtaining a residence permit. In case of refusal, the foreigner has time to leave the country without violating migration rules. Otherwise, if there is a delay, forced expulsion is possible with the fact of a violation established and recorded in the database of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation. This will significantly complicate the procedure for obtaining documents to legalize the status of a migrant living in the country in the future.

Expert opinion

There is extensive judicial practice regarding the consideration of applications to cancel refusals of migration courts. If the plaintiff has sufficient grounds and evidence of the presented arguments to cancel the decision of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation, then the court accepts the position of the applicant. If significant evidence of an error in making a decision by a government body is presented, the decision will be canceled on the basis of the resolution and a decision will be issued on the need to issue a residence permit for a foreign citizen, if such a requirement is specified in the statement of claim.

Kanonenko L.D., lawyer on migration matters

What to do if you are denied a residence permit

In case of refusal, employees of the migration department send a corresponding notification to the foreign citizen.

Once this letter is in the hands of the applicant, he has 3 days to appeal the decision.

A foreigner has the right to apply:

• to the federal migration authority of the Ministry of Internal Affairs,
• to court.

While the complaint is pending, the citizen has the right to legally remain in the Russian Federation. If the higher management of the Ministry of Internal Affairs or the court makes a decision in favor of a foreigner, then he is obliged to issue a residence permit within a period not exceeding three working days.

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Russian Federation residence permit was denied - what to do?

Many foreign citizens who have been refused a residence permit in the Russian Federation are perplexed as to why they were refused, since there should not have been any compelling grounds for refusal of a residence permit and the documents seemed to have been filled out correctly, and what to do in such a situation.

We remind you that if a foreign citizen is refused a residence permit, according to the law he is obliged to leave the territory of the Russian Federation within 3 days or appeal the decision to refuse to issue a residence permit.

If a foreign citizen neglects the law and decides to stay in the Russian Federation without other documents permitting stay or residence in the country, he will be forcibly deported from the country.

If a foreign citizen doubts the existence of legal grounds for refusal of a residence permit in Russia, he needs to urgently appeal the refusal. We will tell you how to do this in the next section of this article.