A number of significant amendments to Federal Law No. 115-FZ concerning obtaining a temporary residence permits and residence permits for foreign citizens will come into force on November 1, 2019. Amendments were introduced by Federal Law No. 257-FZ of August 2, 2019 "On Amendments to the Federal Law 'On the Legal Status of Foreign Citizens in the Russian Federation' in terms of simplifying the procedure for granting temporary residence permits and permanent residence permits to certain categories of foreign citizens and stateless persons.
For more details on changes to the procedure for obtaining a temporary residence permit, please see the link below:
CHANGES IN OBTAINING OF A PERMANENT RESIDENCE PERMIT AS OF NOVEMBER 1, 2019:
According to the amendments, the term of validity of the permanent residence permit has been changed: as of November 1, 2019, as a general rule, the permanent residence permit is valid indefinitely (except for the permanent residence permit of highly qualified specialists).
According to the new procedure, the term of obtaining permanent residence permit will be 4 months.
Also the of state duty for issuing permanent residence permit will be increased up to 5 000 rubles
Previously issued permanent residence permit (valid for up to 5 years) will be subject to reobtaining
The period during which a foreigner can apply for a permanent residence permit on general grounds is also changed due to the reduction of the term for obtaining a permanent residence permit:
- not earlier than 8 months after the first year of residence in the Russian Federation on the basis of a temporary residence permit,
- and not later than 4 months before the expiry of the temporary residence permit.
In this case, the permanent residence permit, despite its indefinite nature, will be subject to replacement by analogy with the civil passport of the Russian Federation. The application for replacement of the permanent residence permit of a foreign citizen will have to be submitted not later than after the expiration of the 1st month from the date of the following circumstances:
- the foreign citizen reaches the age of 14 years, 20 years and 45 years;
- Unsuitability of the permanent residence permit for further use due to wear and tear, damage or other reasons;
- Identification of inaccuracy or an error in the records on the surname, name, date (number, month, year) and (or) place of birth made in the permanent residence permit.
Also, the application for replacement of the permanent residence permit must be submitted not later than 10 days after the receipt of the foreigner's identity document, in case of change of the following information, specified below:
- surname, name, date (number, month, year) and/or place of birth, citizenship;
- sex change.
The terms for submission of the notification of confirmation of residence in the Russian Federation are specified: a foreign citizen permanently residing in the Russian Federation is obliged to submit notification of confirmation of residence in the Russian Federation within 2 months from the date of expiry of the next year from the date of receipt of the permanent residence permit.
If there are valid reasons this notification may be submitted by a foreign citizen at a later date, but not later than 6 months from the date of closure of the latest year from the date of receipt of the permanent residence permit with the documents confirming the reasons for the inability to submit said notification within the established period.
Grounds for refusing to give a permanent residence permit and cancelling a previously issued permanent residence permit have been changed:
1) It explains the calculation of the maximum period of stay of a foreign citizen outside the Russian Federation, after which the residence permit is not issued, and the previously issued residence permit is cancelled: more than 6 months outside the Russian Federation in total during the calendar year, except in cases where it is impossible to leave the territory of a foreign state due to the following circumstances:
- the need for emergency treatment,
- a serious illness of this foreign citizen,
- the death of a close relative who was living in a foreign country at the time of death,
- the presence of a foreign citizen outside Russia in connection with an official need.
2) New grounds for cancellation have been added:
- application of a person with an application for cancellation of a residence permit issued to him/her;
- Continuous failure for any 2 calendar years after the receipt of a residence permit to comply with the obligation to submit a notification of confirmation of permanent residence in the Russian Federation by the territorial body of the federal executive body in the field of internal affairs.
The Law adds new grounds for simplified obtaining of a residence permit (without preliminary registration of a temporary residence permit) for the following categories of foreign citizens:
- A foreign citizen who has been at least 6 months prior to the date of application for a permanent residence permit performing employment activity in Russia by profession included in a special list of positions of foreign citizens and stateless persons - qualified specialists who have the right to be admitted to citizenship of the Russian Federation in a simplified manner, approved by the federal executive body. At the same time, during the specified period of employment in respect of such a foreign citizen, the employer must charge insurance contributions to the Pension Fund of the Russian Federation;
- A foreign citizen who has successfully mastered a state accredited educational program of higher education in full-time education in the Russian Federation and received a document on education and qualification with honors;
- A foreign citizen born on the territory of the RSFSR and who was a former citizen of the USSR.
- A foreign citizen who has not reached the age of 18 and whose parent(s) (adopter, guardian, trustee) is a foreign citizen and permanently resides in the Russian Federation;
- A foreign citizen under 18 years of age who obtains a residence permit together with his parent(s) (adopter, guardian, trustee) - a foreign citizen;
- A foreign citizen who has a parent(s) (adopter, guardian, trustee), son or daughter, who is a citizen of the Russian Federation and permanently residing in the Russian Federation;
- A foreign citizen who has reached the age of 18 years, in accordance with the legislation of a foreign state recognized as incapable or limited in legal capacity, receiving a permanent residence permit together with the parent(s) (adopter, guardian, trustee) - a foreign citizen;
- A foreign citizen who has reached the age of 18 years is recognized as incapable or limited in legal capacity in accordance with the legislation of a foreign state and the parent(s) (adopter, guardian, trustee) of whom is a foreign citizen and permanently resides in the Russian Federation;
- A person who lives in the Russian Federation and whose citizenship of the Russian Federation has been terminated.