Immigration to Russia from Kyrgyzstan. Resettlement Program for Compatriots in Russia. Part - 8
The Resettlement Program for Compatriots in Russia
As of today, one of the possible ways to acquire Russian citizenship is simplified admission in accordance with part 7 of article 14 of the Federal Law "On Citizenship of the Russian Federation" No. 62-FZ dated May 31, 2002, i.e., as a participant in the State Program for Assistance in the Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad (hereinafter referred to as the resettlement program for compatriots in Russia) or as a family member.
It should also be noted that participants in the resettlement program for compatriots in Russia, alongside foreign citizens and stateless persons, may also include Russian citizens who permanently reside outside the country and are considered compatriots due to their Russian citizenship.
Who Has the Right to Become a Participant in the Resettlement Program for Compatriots in Russia
First of all, let’s clarify which categories of foreign citizens and stateless persons have the potential opportunity to become participants in the resettlement program for compatriots in Russia or who among them is recognized as a compatriot?
An analysis of Article 1 of the Federal Law dated May 24, 1999, No. 99-FZ "On the State Policy of the Russian Federation Regarding Compatriots Abroad," which establishes the concept of a compatriot, allows us to identify the following categories of foreign citizens and stateless persons who are recognized as compatriots:
Persons, as well as their descendants, who live outside Russia but belong to the peoples historically residing in Russia.
Persons whose direct ancestors lived on the territory of Russia.
Persons who currently reside in countries that were previously part of the USSR and had Soviet citizenship in the past.
Persons who are descendants of the Russian Federation, USSR, RSFSR, Russian Republic, and the Russian state and previously held their citizenship.
It should also be noted that participants in the resettlement program for compatriots in Russia can include not only those living outside Russia but also foreign citizens and stateless persons who:
1. Temporarily reside in Russia, i.e., have a temporary residence permit in the country;
2. Permanently reside in Russia, i.e., have a residence permit in the country;
3. Arrived in Russia in an emergency mass manner, recognized as refugees, or received temporary asylum in our country.
A foreign citizen or stateless person, alongside admission to Russian citizenship as a participant in the resettlement program for compatriots in Russia or as a family member, may also have, if there are legal grounds for this, other "options" for acquiring Russian citizenship through simplified admission.
If the grounds for admission to Russian citizenship in a simplified manner are absent, then the foreign citizen or stateless person has the right, after fulfilling the necessary conditions, to be admitted in the general manner.
Who is a Family Member of a Participant in the Resettlement Program for Compatriots in Russia
Now let's clarify who can be a family member of a participant in the resettlement program for compatriots in Russia, i.e., a person who has the opportunity to resettle permanently to Russia together with the participant of the State Program and also acquire Russian citizenship in a simplified manner as such.
According to Russian legislation, family members of a participant in the resettlement program for compatriots in Russia are:
• His or her spouse;
• His or her children, including adopted and foster children;
• Children of his or her spouse;
• His or her parents;
• Parents of his or her spouse;
• His or her grandparents;
• His or her grandchildren;
• His or her biological siblings;
• Biological siblings of his or her spouse;
• Children of his or her biological siblings, including adopted and foster children;
• Children of biological siblings of his or her spouse, including adopted and foster children.
It should also be noted that family members of a participant in the resettlement program for compatriots in Russia, except for his or her spouse who has reached the age of 18, have the opportunity to participate in the State Program independently.
Requirements for Participants in the Resettlement Program for Compatriots in Russia
In order to become a participant in the resettlement program for compatriots in Russia and obtain a certificate of participation, a foreign citizen or stateless person must not only be recognized as a compatriot but also meet the following requirements established by Russian legislation:
1. Be of legal age and capable.
Legal age for a potential participant in the resettlement program for compatriots in Russia, according to Russian legislation, implies reaching the age of eighteen.
2. Possess the Russian language, both orally and in writing.
The level of proficiency must be sufficient for quick adaptation in Russia. It should be noted that this requirement for the level of proficiency in the Russian language is largely evaluative, as it does not contain clear and unambiguously interpretable criteria for its determination.
3. Meet the requirements established by Russian legislation for the applicant who is a participant in this program when obtaining a temporary residence permit in the Russian Federation.
For example, a potential participant in the resettlement program for compatriots in Russia:
o Must not have a criminal record (unexpunged or unclosed) for committing a serious or particularly serious crime not only on the territory of Russia but also beyond its borders (if the crime is recognized as such under Russian legislation);
o Must not advocate for the violent change of the constitutional order of Russia or create a threat to the security of the Russian state and Russian citizens;
o Must not have been convicted by a Russian court for a serious or particularly serious crime;
o Must not support terrorist or extremist activities;
o There must not be a decision regarding his or her undesirability of stay or residence in Russia, as well as a decision denying entry into the country;
o Must not have previously, within five years prior to applying for participation in the resettlement program for compatriots in Russia, been deported or administratively expelled from Russia, nor transferred to the Russian Federation by a foreign state under readmission, etc.
4. Meet the requirements of the regional program of the subject of the Russian Federation that he or she has chosen for resettlement, etc.
It should be noted that currently not all regions of Russia implement the resettlement program for compatriots, as not all of them have corresponding regional resettlement programs.
The complexity also lies in the fact that the list of these regions in Russia may change both by increasing (as a rule) and decreasing (sometimes). The requirements of regional resettlement programs for compatriots also differ significantly.
Procedure for Obtaining Russian Citizenship for Participants in the Resettlement Program for Compatriots in Russia
The sequence of actions for a foreign citizen or stateless person to obtain Russian citizenship in accordance with the resettlement program for compatriots in Russia "in a broad sense" can be considered step by step.
So, the sequence of actions for a foreign citizen or stateless person should be as follows:
Step 1. Submit an application for participation in the resettlement program for compatriots in Russia and obtain a certificate of participation in the State Program.
Along with the application, other necessary and properly executed documents, as well as photographs, must be submitted.
The total period within which the certificate of participation in the State Program must be processed and issued to the applicant should not exceed 60 calendar days from the date of submission of the corresponding application. However, if it is not possible to establish the identity of the applicant or any of the family members included in the application within the specified period, then by the decision of the Ministry of Internal Affairs of Russia, it may be extended up to 90 calendar days.
The issued certificate of participation in the State Program for the resettlement of compatriots in Russia is a document confirming the acquisition of the corresponding status. Family members indicated in this document receive the status of family members of a participant in the State Program.
If a positive decision is made by the authorized state body, the applicant is issued a certificate of participation in the State Program for the resettlement of compatriots in Russia, which confirms the acquisition of the corresponding status, and the family members indicated in this document receive the status of family members of a participant in the State Program.
The certificate is valid for three years from the date of its issuance, and upon expiration of this document, its holder and family members lose the acquired status.
If a foreign citizen or stateless person received the specified certificate outside of Russia, then documents for moving to Russia are also issued to him and his family members, for example, if necessary, a visa.
If the status of a participant in the resettlement program for compatriots in Russia is acquired by a foreign citizen or stateless person temporarily residing in Russia (having a temporary residence permit in the Russian Federation) or permanently residing in Russia (having a residence permit in the Russian Federation), then the next step for acquiring Russian citizenship for him is to submit an application for admission to Russian citizenship in a simplified manner to the migration department of the Ministry of Internal Affairs of Russia in the subject of the Russian Federation that implements the regional resettlement program (in our article - step 7).
Step 2. Arrival of the participant in the resettlement program for compatriots, as well as his family members, in Russia, in the territory of the subject of the Russian Federation that was chosen for permanent residence in the country.
It is absolutely clear that this step must be performed by compatriots and their family members who acquired this status outside of Russia.
When crossing the state border of Russia, it is necessary to have:
• Valid identity documents.
• Certificate of participation in the State Program for the resettlement of compatriots in Russia.
• Visa - citizens of those states for which a visa entry procedure into Russia is provided, as well as all stateless persons must have it.
The migration card (parts "A" and "B") is issued by the Russian border control officers when crossing the state border of the Russian Federation and is filled out personally by the foreign citizen or stateless person.
After the arrival of the participant of the State Program, as well as his family members, in the territory of settlement in Russia, he should register as such (in our article - the next step).
However, a slightly different sequence of actions is also possible: a foreign citizen or stateless person also has the right, after receiving the certificate of participation in the State Program for the resettlement of compatriots in Russia outside of Russia, to apply to the Russian diplomatic mission in the country of residence for a temporary residence permit in the Russian Federation.
In this case, applying with this application will be the second step for him and his family members, and his arrival in Russia will accordingly become the third step.
Step 3. Registration as a participant in the State Program for the resettlement of compatriots in Russia or as a family member.
After arriving in the subject of the Russian Federation chosen for residence, the participant of the State Program must apply to the territorial body of the Ministry of Internal Affairs of Russia for registration as such. To confirm the specified registration, officials are required to place the appropriate mark in the certificate of participation in the State Program for the resettlement of compatriots in Russia.
Step 4. Registration at the place of stay.
To arrange migration registration at the place of stay, the participant of the State Program, as well as his family members, must present the receiving party with the following documents:
1. Documents confirming their identities.
2. Certificate of participation in the State Program for the resettlement of compatriots in Russia.
3. Migration card.
Registration for migration at the place of stay in the Russian Federation is of a notification nature and is carried out by the receiving party. The participant of the State Program and his family members do not need to apply to any authorities or institutions. They only need to present the above-mentioned documents to the receiving party.
Step 5. Submit an application for a temporary residence permit in the Russian Federation and obtain it.
As previously noted, the participant of the State Program for the resettlement of compatriots in Russia and his family members have the opportunity to submit an application for a temporary residence permit not only to the migration department of the Ministry of Internal Affairs of Russia, i.e., after arriving in the territory of Russia and fulfilling the previously described steps in this article, but also to the diplomatic representation or consular institution of the Ministry of Foreign Affairs of Russia, i.e., outside of Russia in their country of residence (immediately after receiving the certificate of participation in the State Program).
Step 6. Registration at the place of residence or accounting at the place of stay.
Registration at the place of residence or accounting at the place of stay is a necessary preliminary condition for applying for admission to Russian citizenship in the considered manner.
Step 7. Submit an application for admission to Russian citizenship in a simplified manner in accordance with part 7 of article 14 of the Federal Law "On Citizenship of the Russian Federation" No. 62-FZ dated May 31, 2002.
It should be noted that the participant of the resettlement program for compatriots in Russia and his family members have the right to submit an application for admission to Russian citizenship in a simplified manner immediately after obtaining a temporary residence permit in the Russian Federation, as well as after registering at the place of residence or accounting at the place of stay, i.e., bypassing the stage of obtaining a residence permit in the Russian Federation. But on the other hand, if desired, the aforementioned persons also have the right to apply for a residence permit in Russia.
Advantages of Acquiring Citizenship Through the Resettlement Program for Compatriots in Russia.
Let’s consider the most significant advantages of the procedure for acquiring Russian citizenship in a simplified manner through the resettlement program for compatriots in Russia.
These include the following circumstances:
1. With the application for a temporary residence permit in Russia, the participant of the State Program and his family members have the right to apply without considering the quota approved by the Government of Russia.
In practice, this circumstance is of considerable importance, as for many categories of foreign citizens and stateless persons, submitting an application for a temporary residence permit considering the specified quota often becomes a difficult barrier to overcome, and in some cases, an insurmountable obstacle for many years.
2. The decision to issue a temporary residence permit to the participant of the resettlement program for compatriots in Russia and his family members is made in all cases within sixty days from the date of submission of the corresponding application to the territorial body of the Ministry of Internal Affairs of Russia.
3. The participant of the State Program and his family members have the opportunity to apply for admission to Russian citizenship, bypassing the stage of obtaining a residence permit in Russia.
This circumstance significantly simplifies the entire procedure for obtaining Russian citizenship "in a broad sense," including significantly reducing its duration.
4. When applying for admission to Russian citizenship, the participant of the resettlement program for compatriots in Russia and his family members are exempt from the need to document the presence of a legal source of income and proficiency in the Russian language. This circumstance significantly simplifies the preparation of the necessary package of documents when submitting an application for admission to Russian citizenship.
5. The decision on admission to Russian citizenship for the participant of the State Program and his family members is made within three months from the date of submission of the corresponding application.
6. Immediately after arriving in our country, even before obtaining a temporary residence permit in Russia, participants in the resettlement program for compatriots and their family members acquire the right to engage in labor activities without obtaining any special permits for this, i.e., without obtaining a patent or work permit. At the same time, their employer is exempt from the need to have permits for attracting and using foreign workers.
7. The participant of the State Program and his family members have the right to receive state guarantees and other social support, including receiving relocation allowances (we will discuss this below).
In conclusion, it is worth summarizing the above.
The procedure for obtaining Russian citizenship for participants in the resettlement program for compatriots in Russia and their family members has a number of indisputable advantages compared to admission to Russian citizenship in a simplified manner on other grounds. These advantages significantly reduce the time for acquiring Russian citizenship and also greatly facilitate this procedure.
However, there is one significant feature of the procedure for obtaining Russian citizenship for participants in the State Program and their family members, which, in some cases, may represent a serious drawback.
It consists of the following.
The participant of the State Program must meet the requirements of the regional resettlement program and is obliged to arrive specifically in the subject of the Russian Federation that is determined by the certificate of participation in the State Program.
Relocation Allowances Under the Resettlement Program for Compatriots
Participants in the resettlement program for compatriots and their family members who are resettling together for permanent residence in Russia have the right to receive state guarantees and other social support, including relocation allowances (settlement assistance).
The rules for the payment of settlement assistance are approved by the Resolution of the Government of the Russian Federation dated March 27, 2013, No. 270.
According to them, the following two categories of participants in the State Program and their family members:
• Resettling from the territory of a foreign state to Russia to the settlement areas not related to priority settlement areas;
• Temporarily residing (i.e., having a temporary residence permit in Russia) in a region of Russia whose territory is fully or partially not classified as priority settlement areas,
will receive a one-time allowance.
Its amount as of the date of writing this article is:
• 20,000 rubles - for the participant of the State Program;
• 10,000 rubles - for each family member.
Participants in the State Program and their family members, who have legally resided in a region of Russia whose territory is fully or partially classified as a priority settlement area, will receive the allowance in two stages.
Its amount is:
• At the first stage: 50,000 rubles - for the participant of the State Program and 25,000 rubles - for each family member;
• At the second stage: 30,000 rubles - for the participant of the State Program and 15,000 rubles - for each family member.
Participants in the State Program and their family members resettling from the territory of a foreign state to a priority settlement area in Russia will receive the allowance in two stages.
Its amount is:
• At the first stage: 150,000 rubles for the participant of the State Program and 70,000 rubles - for each family member;
• At the second stage: 90,000 rubles for the participant of the State Program and 50,000 rubles - for each family member.
In addition to relocation allowances (settlement assistance), participants in the resettlement program for compatriots and their family members have the right to:
1. Compensation for relocation expenses to the future place of residence;
2. Compensation for state duty expenses for processing documents that determine legal status in Russia;
3. Import personal property into Russia without restrictions on total value and regardless of the weight of the goods;
4. Receive a monthly allowance in the absence of income from any non-prohibited activity under Russian legislation for a period up to the day of acquiring Russian citizenship, but not more than for six months - only in priority settlement areas.
Citizenship Through the Resettlement Program for Compatriots
A participant in the State Program for Assistance in the Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad, as well as his family members, after fulfilling the necessary conditions, have the opportunity to apply to the structural unit for migration issues of the territorial body of the Ministry of Internal Affairs of Russia with a statement for admission to Russian citizenship in a simplified manner in accordance with part 7 of article 14 of the Federal Law "On Citizenship of the Russian Federation" No. 62-FZ dated May 31, 2002 (hereinafter in this article - for admission to citizenship under the resettlement program for compatriots).
It should be noted that the procedure for admission to Russian citizenship under the resettlement program for compatriots has a number of features and undeniable advantages that generally significantly simplify and expedite this procedure compared to admission to Russian citizenship on other grounds.
For example, a foreign citizen or stateless person applying for Russian citizenship under the resettlement program for compatriots is exempt from the need to have a legal source of income and to document proficiency in the Russian language.
This circumstance significantly facilitates the preparation of the necessary documents when submitting an application for admission to Russian citizenship.
In addition, the decision on admission to Russian citizenship in the considered manner is made within three months from the date of submission of the corresponding application and other necessary properly executed documents.
But the main advantage of the procedure for admission to Russian citizenship under the resettlement program for compatriots, in our opinion, lies in the following: the right to submit the corresponding application arises for the participant of the State Program and his family members immediately after they receive a temporary residence permit in the Russian Federation and register at the place of residence or accounting at the place of stay in the territory of Russia.
This means that the applicant is exempt from the need to obtain a residence permit in the Russian Federation.
Preliminary Conditions for Submitting an Application for Citizenship Under the Resettlement Program for Compatriots
To submit an application for admission to Russian citizenship under the resettlement program for compatriots, a foreign citizen or stateless person must meet the following conditions:
1. Be a participant in the State Program or a family member.
This status is confirmed by the certificate of participation in the State Program for Assistance in the Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad.
2. Be a foreign citizen or stateless person temporarily or permanently residing in Russia.
This status is confirmed, respectively, by a temporary residence permit or a residence permit in Russia.
3. Have registration at the place of residence in the territory of Russia in the subject chosen by the applicant for permanent residence in accordance with the State Program or be registered at the place of stay in the territory of the specified subject of the Russian Federation.
4. Submit an application for renunciation of existing citizenship of a foreign state - for participants in the State Program and family members who are foreign citizens.
Documents for Obtaining Citizenship Under the Resettlement Program for Compatriots
To obtain citizenship under the resettlement program for compatriots, the applicant must provide:
1. An application for admission to Russian citizenship on paper in two copies.
2. A document confirming the identity of the foreign citizen or stateless person.
3. A temporary residence permit in the Russian Federation - if the applicant is temporarily residing in the country, or a residence permit in the Russian Federation - if the applicant is permanently residing in the country.
4. Certificate of participation in the State Program.
If the applicant is a family member of the participant, a copy of the specified certificate must be provided when submitting the application for citizenship under the resettlement program for compatriots.
5. A document on renunciation of existing citizenship of a foreign state - if necessary.
This can be a document issued by the diplomatic mission of the state of citizenship of the applicant in Russia, confirming the applicant's appeal on this issue, or a copy of the application to the specified diplomatic mission for renunciation of the existing citizenship of the foreign state with a notarized signature.
In the case where the application for renunciation of the existing citizenship of the foreign state was sent by mail, a receipt for the registered mail must also be provided.
6. Personal photographs of the applicant sized 3 x 4 centimeters in three copies.
7. A receipt for payment of the state duty in the amount of 3,500 rubles for admission to Russian citizenship.
8. A document confirming the change of surname, first name, and/or patronymic - to be provided if the applicant has previously changed their surname, first name, and/or patronymic.
Such documents may include a marriage or divorce certificate, a name change certificate, or a corresponding court decision.
9. Written consent of a child aged 14 to 18 years - to be provided if the Russian citizenship under the resettlement program is being acquired by a child of that age.
The written consent must be in free form and submitted for each child aged 14 to 18 years. The authenticity of the child's signature on this document must be notarized or certified by an official of the migration department of the Ministry of Internal Affairs of Russia.
Immigration to Russia. Russian Citizenship by Marriage. Part - 7
