Early August 2019 Russian President has signed Federal Law “On amendment of the Federal Law “On the legal status of foreign citizens in Russia” which simplified procedures for obtaining TRP and PRP for certain categories of foreign citizens and stateless persons.
Temporary Residence Permit (TRP)
According to the changes which have been introduced by the new Law TRP is issued outside of Quota approved by the Government to the foreign citizen:
- Who is under 18 years old and the parent (adoptive parent, guardian) is a foreign citizen who has TRP (in this case TRP issued for the child is the same validity as the TRP of the parent, adoptive parent or guardian);
- Who is under 18 years old and applies for the TRP with the parent, adoptive parent or guardian;
- Who is married to Russian citizen, who lives in Russia (in this case TRP is issued in the same region in which the spouse has the permanent residence);
- Who is 18 years old or over 18 + according to his native country’s legislation has disability or partial disability + applies for the TRP together with the parent, adoptive parent, guardian;
- Who is 18 years old or over 18 + according to his native country’s legislation has disability or partial disability + whose parent (adoptive parent, guardian) has TRP (TRP is issued for the validity of the parent’s TRP);
- Who invested in Russian economy in the amount determined by the Russian Government;
- Who applied to the military (for the period of the military service);
- Who is a member of the Government program for relocation of compatriots living abroad and their family members;
- Who is citizen of one of the countries of the former USSR + received a university degree in Russia in the public university and completed the licensed course;
- Who is Ukrainian citizen or stateless person + permanently lived in Ukraine + has the refugee status or has received temporary refuge in Russia;
- Who is permanently relocating to Russia according to the international agreements on rights of the relocating persons.
Documents review time has gone down to 4 months (previously it was 6 months).
Attention to those with TRPs (!!!)
TRP will be annulled, in case foreign citizen spends more than 6 months abroad (in total) during the calendar year.
Exceptions:
- Foreign citizen could not leave the foreign country due to illness, emergency treatment or grave illness or death of the close relative;
- Foreign citizen has been abroad due to business trip.
What is more, now foreign citizen can apply for the annulment of the TRP on his own will.
Permanent Residence Permit (PRP)
Standard procedure:
PRP can be received by the foreign citizen in case he lived in Russia for not less than 1 year on the basis of the TRP.
Simplified procedure:
PRP without the need for TRP-step now can be received by:
- Foreign citizen, who was born on the territory of RSFSR and was USSR citizen;
- Foreign citizen, who is under 18 + whose parent, adoptive parent or guardian is a foreign citizen who has PRP in Russia;
- Foreign citizen, who is under 18 and receives PRP together with his parent, adoptive parent or guardian;
- Foreign citizen, who has a parent, adoptive parent or guardian, son or daughter – who are Russian citizens and who permanently live in Russia;
- Foreign citizen, who is over 18 + according to the legislation of his native country is deemed disable or partially disable + receives PRP together with his parent, adoptive parent or guardian;
- Foreign citizen, who is over 18 + according to the legislation of his native country is deemed disable or partially disable + whose parent, adoptive parent or guardian has PRP in Russia;
- Foreign citizen, who is a native speaker of Russian language (in accordance with art. 33.1 of the Federal Law 31.05.2002, №62-FL «On Russian Citizenship»);
- Foreign citizens, who themselves (or whose close relatives, including spouses) were deported from the territory of Crimea;
- Foreign citizen who has the status of the highly qualified specialist and his family members;
- Foreign citizen, who is a qualified specialist + has worked for not less than 6 months on the job position included into the special list, issued by the Ministry of Labour and Social Development + during this 6 months period employer has paid taxes to the Pension Fund;
- Foreign citizen, who graduated from the university in Russia (full-time study program) + graduated magna cum laude + study program should have government approval;
- Person who lives in Russia + whose Russian citizenship has been terminated for any reason;
- Person, who lives in Russia + whose application for Russian citizenship has been denied (except for cases, when such decision was taken due to this person’s involvement in crime);
- Person, who had USSR citizenship and who lives in Russia, but who does not have Russian citizenship or citizenship of any other foreign country, as well as to his children.
PRP validity: PRP will be issued with no expiration date, except for the PRPs issued to the HQS and their family members.
All foreign citizens who already have PRPs or who will be issued PRPs before the amendments will come into force, can apply for the new PRPs without expiration dates during the validity of their current documents.
PRP has to be re-issued:
- When holder terns 14;
- When holder terns 20;
- When holder terns 45;
- When holder changes their Surname, Name and etc, data connected with their place of birth, date of birth, sex, citizenship;
- When the document is physically destroyed;
- When document has a mistake.
PRP re-issue applications have to be filed:
- not later than 1 month from the date when the new circumstance appeared;
- not later than 10 days in case person changed sex or citizenship (or other personal data has changed).
PRP applications have to be filed:
In case of standard process:
- Not earlier than 8 months during the 1st year of living in Russia on the basis of TRP;
AND
- Not later than 4 months before the TRP expiration date.
In case of simplified process:
- Whenever foreign citizen is ready.
Internal Affairs Ministry determines the list of documents, issues application forms and confirms the filing process.
PRP Notification (confirming stay in Russia)
Who files the notification – foreign citizen who has PRP.
When notification has to be filed – within 2 months after each year of living in Russia on the basis of the PRP starting from the date of the PRP issuance (PRP issuance = date when decision to grant PRP has been taken, it is stated in the document).
New law allows for the delay in filing of the notification. But in any case notification has to be filed within 6 months after each year of living in Russia on the basis of the PRP. When notification is delayed PRP holder has to file additional documents confirming the reasons for the delay.
Where to file – local Internal Affairs Ministry office, dealing with migration issues (depending on the foreign citizen’s address registration).
How notification can be filed:
- In person to the IAM local office;
- Through Russian Post;
- Through online service «Gosuslugi».
IMPORTANT: once in every 5 years notification has to be filed in person to the local IAM office.
Notification form, filing process and list of necessary documents is determined by the Russian Government (Government Order in question is pending).
Attention to those with PRPs!!!
PRP will be annulled, in case foreign citizen spends more than 6 months abroad (in total) during the calendar year.
Exceptions:
- Foreign citizen could not leave the foreign country due to illness, emergency treatment or grave illness or death of the close relative;
- Foreign citizen has been abroad due to business trip.
What is more, now foreign citizen can apply for PRP annulment on his own will.
PRP will also be annulled in the following cases:
- Foreign citizen continuously during any 2 calendar years from the date of the PRP approval has not filed notifications confirming his stay in Russia;
- Foreign citizen, who received PRP on the basis of their children Russian citizenship was deprived of his parental rights or was limited in their parental rights;
- Foreign citizen, who received PRP on the basis of the qualified status, and with whom employer terminated labour relationships and foreign citizen was not able to find the new employment within 30 days.
Russian Language, History and Legal Knowledge exam
This exam has to be taken by all, who applies for PRP.
Exceptions:
- Disabled or limitedly disabled foreign citizens;
- Foreign citizens under 18;
- Male foreign citizens over 65;
- Female foreign citizens over 60;
- Foreign citizens – participants of the Government program of relocation of compatriots living abroad and their family members;
- HQS and their family members;
- Foreign citizens – native speakers of Russian language;
- Belorussian citizens;
New law has introduced new exception:
- foreign citizen, who has a parent, adoptive parent, guardian, or daughter or son who are Russian citizens and who permanently live in Russia.
Federal Law from the 2nd of August 2019 N 257-FL “On amendment of the Federal Law «On the legal status of foreign citizens in Russia» amending the rules of TRP and PRP procurement for certain categories of foreign citizens” comes into force on the 1st of November 2019.
Legislation:
Federal Law from the 02nd of August 2019, N 257-FL “On amendment of the Federal Law «On the legal status of foreign citizens in Russia» amending the rules of TRP and PRP procurement for certain categories of foreign citizens”
We will keep you posted on the developments. Meanwhile, should you have any questions or concerns, please feel free to contact us.
Best Regards,
VFBS
Immigration Law Department