If you decided to reside in Russia you should know the main procedures to follow and the main legal issues that might effect your status.

First of all, you should read carefully information on the legal status of the foreigners in Russia, the rights he/she has there and the rules he/she has to obey (see article Legal Status of the Foreigners in Russia on Russian Courier). The following article provides general overview for the legal status, main rights and responsibilities of foreigners in Russia.

Secondly, you should know some specific issues related to the distinction between the stay and residence and between different types of residence as well as legal procedures you should follow to obtain your residence permit. We are happy to provide the information on the residence in Russia below.

Stay and residence in Russia

Let’s start with the distinction between stay and residence in Russia.

According to the Federal Law #115-FZ of July 25, 2002 on the Legal Status of Foreign Citizens in the Russian Federation

- foreign citizen temporarily staying in the Russian Federation is the person who has entered in the Russian Federation on the basis of the visa or by way now requiring the visa and has neither permanent nor temporary residence permit;
- foreign citizen temporarily residing in the Russian Federation is the person who has a temporary residence permit;
- foreign citizen permanently residing in the Russian Federation is the person who has a permanent residence permit

Stay in Russia

The Law defines the term for a stay in Russia for a Foreigner which is always temporary by the term of the visa issued to the Foreigner. For a Foreigner who has arrived to the Russian Federation by way not requiring the visa, the term can not exceed 90 days, with some exceptions stated by the Law.

Generally, a Foreigner temporarily staying in Russia, should leave the country after the expiry of the visa. Otherwise he/she should obtain an extension of the visa or a temporary residence permit.
Decision on extension or reduction of the term of the temporary stay in Russia is made by federal foreign affairs or internal affairs executive bodies or their territorial subdivisions.

Residence in Russia

The Law describes two types of the residence in Russia for foreigners. They are temporary and permanent residence. More on this below.

Temporary residence permit is a note in the passport or a separate special document confirming the right of a foreign citizen or a stateless person to temporarily reside in the Russian Federation before obtaining a permanent residence permit.

Permanent residence permit is a document confirming the right of the Foreigner to permanently reside in Russia as well as the Foreigner’s right to enter and exit the country freely.

Steps to obtain temporary residence permits

While applying for a temporary residence permit, you should follow the following steps

1. Submitting the set of documents to the internal affairs body of the territory you lawfully stay in Russia or to a Russian diplomatic or consulate body in the country of your permanent residence
2. Registration of the application by the above bodies and issue of the certificate confirming receipt of the application
3. Forwarding the documents to the relevant internal affairs body in Russia (takes not more than 1 month)
4. Consideration of the application by the internal affairs body and sending requests to other bodies of authorities
5. Decision to issue or refuse a temporary residence permit (this step takes not more than 6 months)
6. Notification of the Foreigner in writing about the decision (within 1 months from the date the decision was made)

Steps to obtain permanent residence permits

While applying for a permanent residence permit, you should follow the following steps

1. Submitting the set of documents to the internal affairs body of the territory you lawfully stay in Russia
2. Registration of the application by the above bodies and issue of the certificate confirming receipt of the application
3. Consideration of the application by the internal affairs body and sending requests to other bodies of authorities
4. Decision to issue or refuse a temporary residence permit
5. Notification of the Foreigner in writing about the decision (within 1 months from the date the decision was made)

The requirements you should meet to obtain residence permits

Questions Temporary residence permit Permanent residence permit Who can obtain residence permits A Foreigner who has reached the age of 18 A Foreigner who has reached the age of 18 residing in Russia for at least one year on the basis of a temporary residence permit Where to submit the documents You should submit the documents personally to the internal affairs body of the territory you lawfully stay in Russia or to a Russian diplomatic or consulate body in the country of your permanent residence You should submit the documents personally to the internal affairs body in Russia in no less than 6 months before expiration of the temporary residence permit Documents to be submitted to obtain residence permits 1. An application (two original copies on the special letterhead, signed by the Foreigner)
2. 4 photos (35 x 45mm)
3. proof of identity and citizenship (passport)
4. criminal clearance certificate issued by the competent body of the state where the Foreigner resides permanently
5. a document confirming that the Foreigner’s income is sufficient to ensure subsistence of the Foreigner and his/her family
6. HIV certificate (issued not more than 3 months ago)
7. Marriage certificate (if there is any)
8. A document confirming that the Foreigner is not a drug addict and has no infectious diseases stated in a list approved by Russian Government
An application (two original copies on the special letterhead, signed by the Foreigner)
2. 4 photos (35 x 45mm)
3. proof of identity and citizenship (passport)
4. temporary residence permit
5. a document confirming that the Foreigner’s income is sufficient to ensure subsistence of the Foreigner and his/her family
6. the document confirming availability of housing
7. HIV certificate (issued not more than 3 months ago)
8. A document confirming that the Foreigner is not a drug addict and has no infectious diseases stated in a list approved by Russian Government
The term of the residence permit 3 years Till the expiration of the Foreigner’s passport validity, but not more than 5 years. It may be extended upon the expiration unlimited number of times. Issued as A special mark in the passport Separate document State fee 400 rubles 1000 rubles Other requirements Compulsory fingerprint registration No Revoke of the permit In the case of violation of the Law (e.g. providing false information or falsified documents etc) the temporary residence permit will be revoked and the Foreigner will have to quit Russia within 15 days. In the case of violation of the Law permanent residence permit will be revoked and the Foreigner will have to quit Russia within 15 days. Additional documents to be submitted in the cases A notarized documents confirming availability of housing or a notarized consent of a Russian citizen to provide housing should be provided in the cases the Foreigner:
1. was born in Russia or had USSR citizenship
2. Was acknowledged disabled and has capable son/daughter being a Russian citizen permanently residing in Russia
3. Has at least one disabled parent being a Russian citizen permanently residing in Russia
4. Is married to a Russian citizen permanently residing in Russia
5. Has made investments in Russia in the established amount.
Certain additional documents should be submitted in the case the Foreigner obtained a temporary residence permit on the following grounds:
1. The Foreigner was acknowledged disabled and has capable son/daughter being a Russian citizen permanently residing in Russia
2. The Foreigner has at least one disabled parent being a Russian citizen permanently residing in Russia
3. The Foreigner is married to a Russian citizen permanently residing in Russia
Notes
1. All the above documents to be submitted to obtain both types of residence permits have to be accompanied by notarized and legalized Russian translations.
2. The information provided to the internal affairs bodies will be put into the central registration database of the foreigners.

Hopefully the above information will help those who decide to stay or reside in Russia. For further information, see other articles in Visa section of Russian Courier.

Evgeniya Stroganova