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SIMPLIFICATION OF PROCEDURE FOR PROVIDING CERTAIN CATEGORIES OF FOREIGN NATIONALS WITH TEMPORARY RESIDENCE PERMIT AND PERMANENT RESIDANCE PERMIT

On August 02, 2019, the President of the Russian Federation signed Federal Law dated 02.08.2019 No. 257-FZ "On amending the Federal Law "On Legal Status of Foreign Nationals in the Russian Federation" as regards the simplification of procedure for providing certain categories of foreign nationals and stateless persons with the temporary residence permit and permanent residance permit" (hereinafter, the Federal Law).

Innovations in TEMPORARY RESIDENCE PERMIT (TRP) OBTAINING

TRP term may be less than 3 years

TRP is issued with a limited term in the following instances:

  • upon its obtaining by a foreign national under 18 having the foreign national parent (adopter, tutor, guardian) holding TRP alreadySuch TRP term shall be limited by TRP of the parent (adopter, tutor, guardian);
  • upon its obtaining by a foreign national who has reached the age of 18, disqualified or limited in capacity in accordance with foreign state laws, having the foreign national parent (adopter, tutor, guardian) holding TRP already. Such TRP term shall be limited by TRP of the parent (adopter, tutor, guardian);
  • for those having joined the army - for the length of their service;

The list of categories of foreign nationals obtaining TRP under the simplified procedure

Besides categories stated previously, TRP notwithstanding, the quota approved by the Government of the Russian Federation may be obtained by a foreign national:

  • under 18 having the foreign national parent (adopter, tutor, guardian) holding TRP already - for the temporary residence period of the parent (adopter, tutor, guardian);
  • having reached the age of 18, disqualified or limited in capacity in accordance with foreign state laws, having the foreign national parent (adopter, tutor, guardian) holding TRP already - for the temporary residence period of the parent (adopter, tutor, guardian);
  • a citizen of the USSR member-state and having got the vocational education in a state educational establishment for higher education, state vocational educational establishment or state scientific establishment located within the Russian Federation territory, under publicly accredited educational programmes;
  • a citizen of Ukraine or a stateless person domiciled within the Ukraine territory, recognised as a refugee or having won temporary asylum within the Russian Federation territory;
  • resettling for the permanent residency to the Russian Federation in accordance with Russian Federation international treaties on the resettlement regulation process and protection of repatriates' rights.

IMPORTANT!!! Foreign nationals born within the Russian Federation territory may no longer obtain TRP notwithstanding the quota approved by the Government of the Russian Federation

TRP execution period is decreased to 4 (four) months.

TRP issue rejection or cancellation reasons are amended

  • The reason was specified for the rejection in TRP issue or cancellation, when a foreign national is beyond the Russian Federation for more than 6 months, within a calendar year. Previously, the non-recurring period of absence in the Russian Federation was considered, the period is calculated in the aggregate now. In addition, excusive instances are established, given which no such reason shall be applicable. The inability to leave the foreign state territory is recognised as a justifiable reason, given the following circumstances:
    • immediate treatment necessity;
    • foreign national's serious illness;
    • death of an immediate relative residing in the foreign state at the time of death;
    • staying beyond the Russian Federation on business need.
  • The reason for TRP cancellation under a foreign national's application has been added.
  • The reason for TRP cancellation has become invalid in the instances of forfeiture of parental rights or restrictions in parental rights of foreign nationals having obtained TRP due to a child of the Russian Federation nationality.

Innovations in PERMANENT RESIDANCE PERMIT (PRP) OBTAINING

The list of categories of foreign nationals acquiring PRP without obtaining the temporary residence permit is enhanced significantly

Besides categories stated previously, documents for obtaining PRP without TRP receipt may be filed by a foreign national:

  • born within the RSFSR territory and the former USSR citizen;
  • under 18 having the foreign national parent (adopter, tutor, guardian) domiciling within the Russian Federation territory (under PRP);
  • under 18, obtaining PRP jointly with the foreign national parent (adopter, tutor, guardian);
  • having the parent (adopter, tutor, guardian), a Russian Federation citizen son or daughter domiciling within the Russian Federation territory;
  • having reached the age of 18, disqualified or limited in capacity in accordance with foreign state laws, obtaining PRP jointly with the foreign national parent (adopter, tutor, guardian;
  • having reached the age of 18, disqualified or limited in capacity in accordance with foreign state laws, having the foreign national parent (adopter, tutor, guardian) domiciling within the Russian Federation territory (under PRP);
  • as was him/herself, or whose ascendants (parents, grandmothers, grandfathers, etc.), descendants (children, grandchildren, great-grandchildren, etc.), adopters, adopted children of spouse was deported illegally from the Crimea ASSR territory, having produced a certificate of rehabilitation issued by a Russian Federation internal affairs agency, procuracy authority or a court;
  • carrying out labour activities in the Russian Federation for no less than 6 months from the day of applying for the PRP issue, by profession (specialty, office) included to the List of Professions (Specialties, Offices) of foreign nationals and stateless persons - skilled professionals entitled to the conferment of Russian Federation nationality under the simplified procedure (approved by Order of the Ministry of Labour of Russia dated 13.07.2015 No. 446n) https://www.garant.ru/products/ipo/prime/doc/71046102/ (hereinafter, the List). Furthermore, insurance contributions to the Russian Federation Pension Fund should be charged by the employer with respect to such foreign national for the mentioned period of carrying out labour activities;
  • having successfully mastered the publicly accredited educational programme of higher education in the Russian Federation on an intramural basis and having received a honours education and qualification document.

As well as the following persons:

  • residing within the Russian Federation territory, whose Russian Federation nationality was terminated;
  • residing within the Russian Federation territory, in respect whereof the decision on the acquisition of Russian Federation nationality was overruled, save persons, in respect whereof such decision has been overruled under the inured decreet having established at least one of such person's crimes (preparation for or attempt of, crime), as envisaged by articles 205, 205.1, article 205.2 part two, articles 205.3 - 205.5, 206, 208, article 211 part four, articles 281, 282.1 - 282.3 and 361, as well as articles 277 - 279 and 360 of the Criminal Code of the Russian Federation, if committing thereof is contingent with exercising terrorist activities;
  • capable persons of USSR nationality as of September 5, 1991, having arrived in the Russian Federation for residence prior to November 1, 2002, having failed to acquire the Russian Federation nationality in accordance with the established procedure, as well as their children (without age limits) or disabled adult persons under their tutorship, in the absence of the foreign state nationality and valid document confirming the right to reside in a foreign state;
  • having had the former USSR nationality, received the Russian Federation passport prior to July 1, 2002, as had no Russian Federation nationality holding determined by a body in charge of Russian Federation nationality affairs, having the foreign state nationality, provided that they have no valid document confirming the right to reside in a foreign state.
  • having received the Russian passport prior to January 1, 2010 and acquired no Russian Federation nationality in accordance with the established procedure, if they have neither foreign state nationality, nor valid document confirming the right to reside in a foreign state, as well as their children of minority age.

PRP term limitations are lifted

PRP is issued without term limitation for all categories of foreign nationalssave skilled professionals and their family members, as have PRP term determined by the work permit term.

It should be noted furthermore that PRP issued to a skilled professional entitled to the conferment of Russian Federation nationality under simplified procedure shall be determined by his/her labour agreement effect, under which he/she is exercising labour activities by profession (specialty, office) included to the List by Order of the Ministry of Labour of Russia dated 13.07.2015 No. 446n. Upon labour agreement termination, a foreign national shall be granted 30 business days for entering into a new labour agreement by profession (specialty, office) specified in the List. If no new labour agreement is entered into, or concluded, but by profession (specialty, office) other than specified in the List, then PRP will be cancelled.

Time-limits for filing applications on PRP issue for foreign nationals residing temporarily in the Russian Federation under TRP are changed

The application on PRP issuing is filed by a foreign national with an Interior Ministry of Russia regional migration office no sooner than 8 months after the initial year of residing in the Russian Federation under TRP and no later than 4 prior to the TRP term expiry.

PRP replacement grounds established:

PRP shall be subject to replacement in case of:

  1. attaining the age of fourteen, twenty and forty five years old;
  2. changing family, given name, details of the date (day, month, year) and (or) the place of birth, nationality;
  3. sex reversal;
  4. PRP unfitness for further use due to wear, damage or other causes;
  5. detecting inaccuracy or impropriety in family, given name, date and (or) place of birth records made in PRP.

The PRP replacement application shall be filed no later than on the expiry of 1 month from the date as circumstances occurred specified in clauses 1, 4 and 5, and within 10 days following the identity document receipt by a foreign national in other instances.

The stateless person's PRP replacement application shall be filed no later than on the expiry of 1 month from the date as circumstance justifying its replacement occurred.

Time-limit for residence confirmation notice filing is changed

A foreign national domiciling in the Russian Federation is required to file a notice confirming his/her residence in the Russian Federation with an Interior Ministry of Russia regional office at the residence thereof during 2 months from the date of expiry of the next year from the PRP obtaining date. The notice may be filed at a later date, but no later than 6 months from the date of expiry of the next year from the PRP obtaining date, enclosing documents evidencing the impossibility of such notice timely filing.

Upon expiry of each 5th year of domiciling in the Russian Federation, notice filing with an Interior Ministry of Russia regional office shall be only performed by a foreign national's personal appearance.

PRP issue rejection or cancellation reasons are amended

  • The reason was specified for the rejection in PRP issue or cancellation, when a foreign national is beyond the Russian Federation for more than 6 months within a calendar year. Previously, the non-recurring period of absence in the Russian Federation was considered, the period is calculated in the aggregate now. In addition, excusive instances are established, given which no such reason shall be applicable. The inability to leave the foreign state territory shall be recognised as a justifiable reason, given the following circumstances:
    • immediate treatment necessity;
    • foreign national's serious illness;
    • death of an immediate relative residing in the foreign state at the time of death;
    • staying beyond the Russian Federation on business need.
    • The reason for PRP cancellation under a foreign national's application has been added.
  • The reason for PRP cancellation in case of failure to file an application confirming the Russian Federation continuous residence during any 2 calendar years following PRP obtaining.
  • The reason for PRP cancellation has been added in the instances of forfeiture of parental rights or restrictions in parental rights of foreign nationals having obtained PRP due to a child of the Russian Federation nationality.
  • The reason for PRP cancellation has been added for a foreign national having obtained PRP as a skilled professional entitled to the conferment of Russian Federation nationality under the simplified procedure. Besides grounds established, PRP is cancelled where a foreign national fails to enter into a new labour agreement during 30 business days from the date of labour agreement expiry, by profession (specialty, office) included in the List approved by Order of the Ministry of Labour of Russia dated 13.07.2015 No. 446n.
  • Article 13.2 of the Federal Law dated 25.07.2002 No. 115-FZ "On legal status of foreign nationals in the Russian Federation" is amended to correct the procedure, time-limits and grounds for cancelling PRPs of skilled professionals and their family members - in case of labour agreement termination and entering into new labour agreement, PRP is considered valid for 30 business days from the date of labour agreement termination and for the period of new work permit execution. Upon receiving a new work permit, new PRP is issued to the skilled professional and his/her family members. If no labour/civil law agreement is entered into, the skilled professional and his/her family members will be granted 30 business days, within which they must leave the Russian Federation, failing other legal grounds for stay (residence).

Foreign nationals having made an application on PRP issue, as have a parent (adopter, tutor, guardian), a son or a daughter of Russian Federation nationality and domiciling in the Russian Federation are released from confirming Russian language skills, Russian history and outline legislation knowledge.

Foreign nationals having obtained PRP prior to January 1, 2015 provide a document confirming Russian language skills, Russian history and outline legislation knowledge on a single occasion, upon filing an application for issuing non-expiring PRP.

As from the date of Federal Law effectiveness, PRP issued to a foreign national or a stateless person will continue in effect during the period of issue, or until its cancellation.

IMPORTANT!!! Pursuant to amendments to the Russian Federation Tax Code (as made by Federal Law dated August 2, 2019 No. 258-FZ "On amendment to article 333-28 part two of the Russian Federation Tax Code") the amount of state duty for the PRP execution is increased to RUB 5,000. The state duty is charged for the PRP issue, including its replacement.

Federal Law is effective as of November 01, 2019.