What is a temporary residence permit and why is it needed?
A temporary residence permit is the right of a foreign citizen to legally stay on the territory of the Russian Federation while maintaining the legal force of an internal passport. An arriving foreigner can stay in the Russian Federation for a long time legally .
In the absence of official permission, the duration of stay in the country is greatly limited - for the duration of the visa or up to 90 days.
Important! Relations between the authorities and foreign citizens related to temporary residence permits are regulated by Federal Law No. 115-FZ of July 25, 2002 “On the legal status of foreign citizens in the Russian Federation.”
Our experts have previously talked about how you can obtain a temporary residence permit in the Russian Federation, as well as what features there may be in the registration process, depending on the grounds for obtaining a permit.
How to obtain a temporary residence permit for foreign citizens in a simplified manner
Now let's talk about obtaining a temporary residence permit without taking into account the quota, the so-called simplified procedure, we will analyze all the reasons, taking into account the changes in legislation from November 2021.
1. married to a citizen of the Russian Federation , everything is simple and logical here, but there is a nuance, documents for a temporary residence permit can only be submitted at the place of residence of the spouse (citizen of the Russian Federation), registered for example in Vladivostok, documents can be submitted there. Is this fair? I don’t presume to judge, but this is the law. And yet, some people confuse the three-year term and a temporary residence permit; in order to receive a temporary residence permit, you don’t need to wait three years, you got married today, you can submit documents even today. In order to obtain Russian Citizenship, this period of three years is required.
2. If a foreign citizen has not reached the age of 18, and the parent has a temporary residence permit. Everything is simple here, if the parent already has a temporary residence permit , then the child can get it too.
3. Also for a foreign citizen under 18 years of age receiving a temporary residence permit together with a parent. Parents apply for a temporary residence permit together with their children.
4. Paragraphs 2 and 3 also apply to a foreign citizen who has already reached the age of 18 , but is recognized by the legislation of a foreign state as incompetent or limited in capacity.
5. A foreign citizen who has made investments in the Russian Federation in the amount established by the Government of the Russian Federation. In simple terms, the amount of investment is at least 10 million rubles, and the amount of taxes and fees paid must be at least 6 million rubles over a period of three years.
6. For those entering military service - for the duration of his military service.
7. A foreign citizen who is a participant in the State program to assist the voluntary resettlement of compatriots. This program does not work in Moscow and the Moscow region.
8. If a foreign citizen is a citizen of a state that is part of the former USSR and received higher education in Russia, it is important that the university has state accreditation.
9. Citizens of Ukraine who are recognized as refugees or who have received temporary asylum on the territory of the Russian Federation.
Also, the list of grounds for obtaining a temporary residence permit has been replenished since November 2019 with a whole chapter from Article 8 of the Federal Law 115 “Permanent residence of foreign citizens in the Russian Federation”, to put it simply, those who have grounds for obtaining a residence permit in a simplified manner can also obtain a temporary residence permit. For example, if he was born on the territory of the RSFSR and was previously a citizen of the USSR, then, according to the new law, he has the right to immediately obtain a residence permit and also retains the right to obtain a temporary residence permit.
There is little sense in this and little logic either, since everyone who has grounds receives a residence permit immediately bypassing the temporary residence permit. Apparently they understand this legislatively and amendments to the law are currently being worked out, which may come into force in 2021, on the abolition of the temporary residence permit completely, only the permanent residence permit will remain. Among possible changes to migration legislation, issues of reducing the time spent in marriage from three years to a year for obtaining citizenship and the abolition of Russian language tests for a number of countries are also being considered. It's all ahead, we'll see).
Where can a foreign citizen work?
The main advantage of obtaining a temporary residence permit is that it gives the right to officially get a job in the Russian Federation to a citizen of another country, and he cannot be deported if his actions are legal, unlike persons staying in Russia illegally.
Legal stay in Russia is the primary condition for obtaining a temporary residence permit.
Before registering with the migration service to purchase a temporary residence permit, a foreigner needs to clearly define where and by whom he will be employed , because According to paragraph 5 of Article 13 of the said Federal Law, a foreigner cannot perform work outside the boundaries of a constituent entity of the Russian Federation. Therefore, the profession and region must initially be known and defined.
It is worth noting this feature that the city and the region will have the meaning of different regions.
What are quotas and how to get around them
- RRVP
Quota for temporary residence permit: why is it needed and how to get it in 2021
- Elena Voropaeva
- 12.01.2021
To obtain a temporary residence permit, it is not enough to simply meet the requirements listed above. The authorities annually approve the so-called quota - the number of permits that can be issued to foreigners. For 2021, 60 thousand quota places were allocated, and in 2021 - a little more than 83 thousand. This means that in 2019, 83 thousand foreign citizens received temporary residence permits in the Russian Federation based on a quota.
Each region has its own share, and the larger and more developed the federal subject, the fewer foreigners it receives.
But there are categories for which temporary residence permits are issued without reference to a quota. The “lucky” ones were:
- children and adult incapacitated foreigners, if their parents (representatives) receive or have already received a temporary residence permit;
- persons who entered into an official marriage with a Russian citizen;
- compatriots;
- citizens who were born in the countries of the former USSR, but received education in the Russian Federation;
- refugees (Ukrainians);
- migrants;
- military personnel - only for the duration of their service.
What benefits and what are the features of a foreigner’s stay on the territory of the Russian Federation?
After receiving a temporary residence permit, a migrant can undoubtedly feel the fullness of his rights. Let's consider the new opportunities that a migrant is provided with after receiving a stamp in his passport:
- Official residence in Russia for 3 years with the right to repeatedly leave the country and enter the country without hindrance (read about how you can move around the territory of the Russian Federation and how often you can leave its borders after receiving a temporary residence permit, read here).
Reference. The condition is not to leave the Russian Federation for more than 6 months a year. - Employment on an equal basis with citizens of the Russian Federation. The migrant has the right to formalize any labor relationship.
- The right to create a personal business in the Russian Federation appears.
- Use of free medical care.
Are there new responsibilities?
A person who has received a temporary residence permit must fulfill the following list of duties::
- Within seven days after receiving permission, you must register at your place of stay, and you must also undergo fingerprinting.
- An annual report to the migration service in person or by mail about employment, the amount of income and the absence of illegal actions (you will find out how to fill out such a notification in this material).
Committing offenses on the part of visitors may lead to the cancellation of the temporary residence permit. Committing unlawful acts by a migrant 2 or more times a year is grounds for deprivation of a temporary residence permit. - An immigrant does not have the right to arbitrarily change his region of residence. In case of planning a move, a temporary resident must submit a written request to the Main Directorate for Migration and Migration at the place of his stay. If the result is positive, he has the right to legally change his area of residence.
- A foreigner (stateless person) must have an official income.
Engagement in “shadow” activities is excluded. If the Government discovers that a visiting resident is receiving income to support himself and his family without having a legal source, the permit may be revoked. - The need to register with the tax authority and make payments.
What is the expiration date of the document and can it be extended?
A temporary residence permit is issued for a period of up to 3 years . The legislation does not provide for rules for extending temporary residence permits.
This does not indicate a ban on entry into the Russian Federation and there are 2 options for further actions to maintain legal stay in the country:
- Registration of a residence permit.
- Submitting a repeated application for a temporary residence permit.
Instructions for re-obtaining a temporary residence permit:
- The foreign citizen again collects all the documents necessary to obtain a temporary residence permit (as during the initial receipt).
- It is necessary to submit an application with the collected documents to the migration authority.
- An application for a second temporary residence permit cannot be submitted while the residence permit is still valid.
- When the validity period of the initial temporary residence permit expires, it is necessary to leave the possessions of the Russian Federation before the expiration date. After the period has expired, you can enter the territory of the Russian Federation. Next, register with the migration authority and submit the necessary documents.
Thus, persons who have received a temporary residence permit are in many ways equivalent to citizens of the Russian Federation . Such persons are protected by law, receive guaranteed peace of mind in their work, without fear of being subject to unfavorable measures from the authorities during any inspection.
Now about the sad thing, why they may refuse to issue a temporary residence permit
The grounds for refusal to issue a temporary residence permit or cancellation of a previously issued one are regulated by Article 7 of the Federal Law 115 “On the Legal Status of Foreign Citizens”
1. If during the five years preceding the day of filing the application for issuance of a temporary residence permit, a foreign citizen was subjected to administrative expulsion, deportation
2. Or during the 10 years preceding the day of filing, repeatedly subjected (two or more times) to administrative expulsion or deportation .
3. Submitted false or forged documents or knowingly provided false information about himself. It happens that a foreign citizen, when filling out a form for a temporary residence permit, forgets to indicate some information about his registration or place of work (well, it happens), then an employee of the Ministry of Internal Affairs will check with the database and issue a decision to refuse to issue a temporary residence permit, with the wording that the foreign citizen reported about knowingly false information . What I brought this example to is that the application form for a temporary residence permit must be filled out very carefully, without missing out on any little things or details. By the way, you can re-submit documents for a temporary residence permit in case of refusal only one year after the decision on refusal was issued!
4. Convicted by a court of law for a grave or especially grave crime, or a crime related to illegal drug trafficking.
5. Has an outstanding or unexpunged conviction for a serious or especially serious crime on the territory of the Russian Federation or abroad
6. Advocates a violent change in the foundations of the constitutional system of the Russian Federation, finances terrorist acts or supports extremist activities
7. Repeatedly (two or more times) during the year was brought to administrative responsibility for committing an offense related to an attack on public order and public safety.
8. Within a year from the date of issue of the temporary residence permit, he has no income or does not have sufficient funds in amounts not lower than the subsistence level
9. Stays outside the Russian Federation for more than six months
10. Or left Russia for another state for permanent residence
12. If a marriage with a citizen of the Russian Federation is declared invalid by the court (this is not a divorce, but precisely when, on the proposal of the Prosecutor, a trial is initiated to recognize the marriage as fictitious, since the spouses do not live together, do not run a joint household, etc., it is rare, but even this It happens)
13. Also if a foreign citizen is a drug addict or does not have a certificate of absence of HIV.
14. Making a decision regarding a foreign citizen on the undesirability of staying in the Russian Federation or a decision on not allowing entry into the Russian Federation, which is usually made after administrative expulsion.
As can be seen from this list of reasons for refusing to issue a temporary residence permit, there are more reasons for receiving it.
