Immigration to Russia from Kyrgyzstan. Russian Citizenship in a Simplified Procedure. Part - 3

Russian Citizenship in a Simplified Manner

If there are grounds and conditions established by Russian legislation, a foreign citizen or a stateless person has the right to submit an application for admission to Russian citizenship in a simplified manner.

Requirements that the applicant must meet to obtain Russian citizenship in a simplified manner.

First of all, let’s consider the general requirements for applicants when obtaining Russian citizenship in a simplified manner, as well as the exceptions to these requirements depending on the individual life situation of the person.

The applicant must:

1. Be a foreign citizen or a stateless person permanently residing in the territory of Russia, i.e., have a residence permit in the Russian Federation (there are exceptions, which we will discuss in this article below).

This requirement, of course, does not apply to foreign citizens and stateless persons who permanently reside outside of Russia and apply, when there are legal grounds for this, with an application for citizenship in a simplified manner to Russian diplomatic representations or consular institutions outside the country.

2. Have registration at the place of residence (permanent registration) – in cases where the application for citizenship in a simplified manner is submitted on the territory of Russia.

3. Have a legal source of livelihood.

4. Address the issue of renouncing existing foreign citizenship.

5. Possess the Russian language.

The level of proficiency in the Russian language must be sufficient for communication both in oral and written form.

This requirement does not apply to foreign citizens and stateless persons who are first-group disabled, incapacitated, as well as to men who have reached the age of 65 and women who have reached the age of 60.

We have considered the general requirements, as well as the existing exceptions to them, which when obtaining Russian citizenship in a simplified manner apply to applicants depending on their individual characteristics – age, place of residence, citizenship status or lack thereof, etc.

However, Russian citizenship legislation also contains some exceptions to the general rules, which are applied depending on various grounds for admission to citizenship in a simplified manner.

That is why we will further consider these exceptions in relation to specific grounds for admission to Russian citizenship in a simplified manner.

Grounds for Obtaining Russian Citizenship in a Simplified Manner

As already noted, only foreign citizens and stateless persons who have grounds for this can apply for citizenship in a simplified manner.

Next, we will consider the specified grounds, i.e., we will answer the questions:

Who has the right, after fulfilling the above requirements, to submit an application for admission to Russian citizenship in a simplified manner in accordance with Article 14 of the Federal Law?

What exceptions exist to the general requirements depending on the grounds for admission to Russian citizenship in the considered manner?

Such, in a sense, "privileges" are possessed by the following categories of foreign citizens and stateless persons:

1. Those who have a parent residing in Russia and who is a citizen of Russia (subparagraph "A" of part 1 of Article 14 of the Federal Law).

It should be noted that the applicant's parent, who is a citizen of Russia, must have registration at the place of residence (permanent registration) in the territory of Russia.

2. Those who previously had citizenship of the USSR, currently residing and previously residing in states that were part of the USSR, who have not acquired their citizenship, and remain stateless (subparagraph "B" of part 1 of Article 14 of the Federal Law).

It is important to emphasize that, according to this norm of Russian legislation, if a stateless person acquired this status as a result of the termination of citizenship of a foreign state (exit from it, loss of it), then the admission of such a person to citizenship in a simplified manner on this basis is not possible. We are talking about persons who previously did not have citizenship of any foreign state.

Common to the two previously considered grounds for admission to Russian citizenship in a simplified manner is the fact that the corresponding application can be submitted both on the territory of Russia (to the structural unit for migration issues of the territorial body of the Ministry of Internal Affairs of Russia after obtaining a residence permit) and outside the country (to the Russian diplomatic institution in the territory of a foreign state).

It is obvious that in the second case (i.e., when submitting an application to the Russian diplomatic institution) prior receipt of a residence permit in Russia is not required.

An application for admission to Russian citizenship in a simplified manner on the grounds that we will consider below can only be submitted by the applicant to the structural unit for migration issues of the territorial body of the Ministry of Internal Affairs of Russia, i.e., only on the territory of the country, after obtaining a residence permit and registering at the place of residence (permanent registration).

3. Those who previously had citizenship of the USSR and were born on the territory of the RSFSR (subparagraph "A" of part 2 of Article 14 of the Federal Law).

4. Have been married to a citizen (citizen) of Russia for at least three years (subparagraph "B" of part 2 of Article 14 of the Federal Law).

1. Be incapacitated, having an adult and capable son or daughter – citizens of Russia (subparagraph "V" of part 2 of Article 14 of the Federal Law).

2. Have a child – a citizen of Russia, if the other parent of the child, who has Russian citizenship:
o Has died;
o Has been deprived of parental rights or restricted in parental rights;
o Is incapacitated or limited in capacity;
o Is declared missing (subparagraph "G" of part 2 of Article 14 of the Federal Law).

3. Have an adult son or daughter – citizens of Russia, recognized in the established manner as incapacitated or limited in capacity, if their other parent, who has Russian citizenship:
o Has died;
o Has been deprived of parental rights or restricted in parental rights;
o Is incapacitated or limited in capacity;
o Is declared missing (subparagraph "D" of part 2 of Article 14 of the Federal Law).

4. Have received professional education in Russian educational or scientific organizations on the territory of Russia after July 1, 2002, and have been engaged in labor activity in the territory of the country for at least three years in total (subparagraph "E" of part 2 of Article 14 of the Federal Law).

In this case, for admission to citizenship in a simplified manner, professional education must be obtained exclusively through main professional educational programs that have state accreditation.

During this specified three-year period, the employer must have paid insurance contributions to the Pension Fund of Russia for such foreign citizens and stateless persons.

5. Individual entrepreneurs engaged in activities in the types of economic activities established by the Government of Russia continuously for at least three years (subparagraph "Zh" of part 2 of Article 14 of the Federal Law).

During this specified three-year period, the total amount of taxes and fees paid by them in each calendar year (excluding property tax for individuals, land tax, transport tax, state duty), as well as insurance contributions to the Pension Fund of Russia must amount to at least 1 million rubles.

6. Investors whose share in the authorized capital of a legal entity, which is Russian and operates in the territory of our country in the types of economic activities established by the Government of Russia, is at least 10 percent continuously for at least three years (subparagraph "Z" of part 2 of Article 14 of the Federal Law).

In this case, the authorized capital of the legal entity must amount to at least 100 million rubles, and during this specified three-year period, the total amount of taxes and fees paid by it in each calendar year (excluding state duty), as well as insurance contributions to the Pension Fund of Russia must amount to at least 6 million rubles.

7. Engaged in labor activity in Russia for at least three years in a profession, specialty, or position included in the list of professions, specialties, or positions of foreign citizens who are qualified specialists entitled to admission to Russian citizenship in a simplified manner (subparagraph "I" of part 2 of Article 14 of the Federal Law).

During this specified three-year period, the employer must have paid insurance contributions to the Pension Fund of Russia for such foreign citizens and stateless persons.

8. Recognized as bearers of the Russian language and permanently residing legally in the territory of Russia (part 2.1 of Article 14 of the Federal Law).

This ground for admission to citizenship in a simplified manner has significant features compared to the previously considered grounds.

For example, to obtain Russian citizenship in a simplified manner on this basis, the applicant must first be officially recognized as a bearer of the Russian language, as well as obtain a residence permit in Russia as a bearer of the Russian language and register at the place of residence in the territory of the country.

According to the Federal Law of December 27, 2018 No. 544-FZ "On Amendments to the Federal Law "On Citizenship of the Russian Federation," the President of the Russian Federation has the right for humanitarian purposes to determine the categories of foreign citizens and stateless persons who have the right to submit applications for admission to Russian citizenship in a simplified manner, as well as to determine the procedure for submitting such applications and the list of documents to be provided.

It is also important to note that this category of foreign citizens and stateless persons, in order to acquire Russian citizenship, is only required to undertake an obligation to comply with the Constitution of the Russian Federation and the legislation of our country (part 8 of Article 14 of the Federal Law).

Grounds for Obtaining Russian Citizenship in a Simplified Manner Without Obtaining a Residence Permit
Russian legislation provides only three grounds for admission to citizenship in a simplified manner by applying to the structural unit for migration issues of the territorial body of the Ministry of Internal Affairs of Russia (i.e., on the territory of the country) without prior obtaining a residence permit. The following categories of foreign citizens and stateless persons have this right:

1. Participants in the State program for assisting the voluntary resettlement to Russia of compatriots living abroad and their family members who have received a temporary residence permit in the Russian Federation or a residence permit, having registration at the place of residence (permanent registration) in the subject of the Russian Federation they have chosen for permanent residence in accordance with this program or are registered at the place of stay in the territory of the specified subject of the Russian Federation (part 7 of Article 14 of the Federal Law).

To obtain Russian citizenship in a simplified manner according to this ground, the applicant does not need to first obtain a residence permit in the Russian Federation, have a legal source of livelihood, or document their proficiency in the Russian language.

It is sufficient to obtain a temporary residence permit in Russia, register at the place of residence or be registered at the place of stay, and submit an application for renunciation of foreign citizenship.

1. On the other hand, participants in the State program and their family members who have a temporary residence permit in Russia and registration at the place of residence, but do not wish to acquire Russian citizenship in a simplified manner, also have the opportunity to submit an application for the issuance of a residence permit in the Russian Federation.
2. Veterans of the Great Patriotic War who previously had citizenship of the USSR and currently reside in the territory of Russia (part 5 of Article 14 of the Federal Law).
To obtain citizenship in a simplified manner according to this ground, the applicant does not need to first obtain a residence permit in the Russian Federation, have a legal source of livelihood, submit applications for renunciation of their existing citizenship, or confirm their proficiency in the Russian language.

It is sufficient to obtain a temporary residence permit in Russia and register at the place of residence.

3. Those who are incapacitated, arrived in Russia from states that were previously part of the USSR and had registration at the place of residence (permanent registration) in Russia as of July 1, 2002 (part 3 of Article 14 of the Federal Law).

A feature of this ground for admission to Russian citizenship in a simplified manner is that the applicant does not need to obtain a residence permit and a temporary residence permit in the Russian Federation in advance. It is also not required to have a legal source of livelihood.

In conclusion, it should be noted that if a foreign citizen or a stateless person does not have grounds for admission to citizenship in a simplified manner, it is possible to do so in the general manner in accordance with Article 13 of the Federal Law.

However, this procedure for acquiring Russian citizenship, with rare exceptions, is the most complicated and lengthy, and in some cases, quite difficult to implement in practice.

Immigration to Russia. Citizenship by agreement. Part - 2