Immigration to Russia from Kyrgyzstan. Citizenship of the Russian Federation through Parents. Part - 6

Obtaining Russian Citizenship through Parents

In this article, we will thoroughly examine the procedure for accepting a foreign citizen or a stateless person into Russian citizenship if they have at least one parent who is a citizen of Russia.

The legal basis for submitting an application for simplified acceptance into Russian citizenship in the case we are considering will be paragraph "A" of part 1 of article 14 of the Federal Law of 31.05.2002 No. 62-FZ "On Citizenship of the Russian Federation" (hereinafter referred to as the Federal Law), namely, the fact that the applicant has at least one parent who is a citizen of the Russian Federation and resides on the territory of the Russian Federation.

In this case, it does not matter when, in what order, and on what grounds the parent of the foreign citizen acquired Russian citizenship or was recognized as a citizen of Russia, in which region of our country they reside, and how long they have lived there, etc.

However, the parent of the relevant foreign citizen must necessarily be a legally residing citizen of Russia on the day their son or daughter applies for Russian citizenship.

According to current legislation, a resident of our country is understood to be a citizen of Russia who has a place of residence on its territory, which means having registration at the place of residence. Registration at the place of residence is currently possible only with an internal Russian passport.

Thus, we can conclude that Russian citizens who only have a foreign Russian passport or only have registration at their place of stay or have no registration at all on the territory of our country cannot, from a legal point of view, be considered residents of Russia.

Ways to Obtain Russian Citizenship through Parents

The main feature of the issue we are considering is that a foreign citizen or a stateless person (hereinafter referred to as a foreign citizen) who has at least one parent who is a citizen of Russia and resides in our country has the opportunity to acquire Russian citizenship in a simplified manner - both on the territory of Russia and abroad.

Moreover, the procedure for accepting Russian citizenship through parents outside our country is significantly (or even, we could say, radically) different from the same procedure on the territory of Russia and is, in our opinion, the easiest, fastest, and least costly as of today.

Just think about it - it involves submitting an application for simplified acceptance into Russian citizenship to a diplomatic mission or consular institution of Russia without fulfilling any preliminary conditions and, of course, without arriving on the territory of our country.

This cannot be said about the procedure for accepting Russian citizenship through parents on the territory of our country - it will require following the "standard" sequence of actions for accepting citizenship of Russia in a simplified manner.

In brief, without delving into all the nuances, it consists of the following: arriving in the established manner on the territory of Russia to a place of temporary stay - registering at the place of stay - obtaining a temporary residence permit in Russia (taking into account the quota approved by the Government of Russia or without it) - arranging registration at the place of residence - residing for one year on the territory of our country - obtaining a residence permit in Russia - arranging registration at the place of residence - acquiring Russian citizenship.

Let’s further analyze everything in detail.

Obtaining Citizenship through Parents Outside of Russia

Foreign citizens residing outside our country and having at least one parent who is a citizen of Russia residing in our country have the right to submit an application for simplified acceptance into Russian citizenship to a diplomatic mission or consular institution of the Russian Federation, i.e., outside the Russian Federation.

At the same time, applicants must not have a place of residence on the territory of our country. According to Russian legislation, a foreign citizen will have a place of residence on the territory of Russia if they have a temporary residence permit or a residence permit in our country.

Based on the above, we can conclude that if a foreign citizen has a temporary residence permit or a residence permit in our country, they do not have the right to submit an application for acceptance into Russian citizenship in the manner considered outside of Russia.

The consideration of the application for acceptance into Russian citizenship in this case and the decision on it is made within six months from the date of submission of such an application and other necessary, properly executed documents.

After a positive decision is made on the application for acceptance into Russian citizenship and the established procedure for taking the Oath of a Russian citizen is completed, the person acquires Russian citizenship, and thus gains the right to obtain a Russian foreign passport.

Obtaining the aforementioned document allows the person to enter the territory of our country as a citizen of Russia and, if necessary, submit an application for the issuance of an internal Russian passport in the established manner.

Obtaining Citizenship through Parents on the Territory of Russia

As previously noted, the entire procedure for acquiring Russian citizenship through parents on the territory of Russia is by no means categorized as "easy" and "quick".

Indeed, for the relevant foreign citizen to have the right to submit an application for acceptance into citizenship in the manner we are considering on the territory of our country, they must first obtain a residence permit in Russia and register at their place of residence based on this document.

In turn, to obtain a residence permit in Russia, a foreign citizen usually needs to first obtain a temporary residence permit, register at their place of residence, and live in Russia based on the specified permit for at least one year.

It should be noted that there are some exceptions to the above requirement.

For example, citizens of the Republic of Belarus (in accordance with part 1 of article 4 of the Agreement of January 24, 2006, between the Russian Federation and the Republic of Belarus on ensuring equal rights for citizens of the Russian Federation and the Republic of Belarus for freedom of movement, choice of place of stay, and residence on the territories of the states - participants of the Union State) have the right to obtain a residence permit in our country without first obtaining a temporary residence permit in Russia, and thus without complying with the previously mentioned residence period.

It should also be noted that foreign citizens who have at least one parent who is a citizen of Russia can obtain temporary residence permits in Russia without taking into account the quota approved by the Government of Russia only if this parent is incapacitated (paragraphs 3 of part 3 of article 6 of the Federal Law of 25.07.2002 No. 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation").

Before applying for a temporary residence permit in Russia, a foreign citizen must register at their place of stay in the established manner.

It is obvious that in the case we are considering, there will be no problems with registration at the place of stay, as the relevant foreign citizen has a host - a parent who is a citizen of Russia residing in our country.

On the other hand, the host can also be any other individual who is a citizen of Russia or a foreign citizen permanently residing in Russia (i.e., a foreign citizen who has a residence permit in our country).

There are no restrictions in this regard provided by Russian legislation.