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 permanent residence permit, please see the link below:
CHANGES IN OBTAINING TEMPORARY RESIDENCE PERMITS AS OF NOVEMBER 1, 2019:
According to the amendments, the term of obtaining and the issuance of a Temporary Residence Permit by the state authorities has been reduced from 6 to 4 months.
The list of grounds for obtaining a Temporary Residence Permit without taking into account the quota has been changed:
- The fact of birth in the Russian Federation will no longer be an independent basis for obtaining a temporary residence permit without a quota.
- In the new version of the Law, a temporary residence permit is given to any foreign child, provided that his or her parents have applied for temporary residence permits or already has them. The period of validity of such a temporary residence permit does not extend longer than the period of validity of the parent's temporary residence permit.
- The fact of birth on the territory of the RSFSR and the existence of USSR citizenship in the past, according to the new edition, will no longer be the basis for obtaining a temporary residence permit, but will allow for the immediate issuance of a permanent residence permit.
New grounds have been added for obtaining a Temporary Residence Permit in accordance with a non-quota procedure:
1) the current citizenship of the state which was a part of the USSR and the fact of receiving professional education under the state accredited educational programs in the following institutions located on the territory of the Russian Federation:
- state educational organization of higher education;
- state professional educational organization;
- state scientific organization.
2) presence of Ukrainian citizenship or status of a stateless person, together with permanent residence on the territory of Ukraine, with subsequent recognition of the person as a refugee or temporary asylum in Russia;
3) Resettlement to a permanent place of residence in the Russian Federation in accordance with international agreements of Russia on regulation of the resettlement process and protection of the rights of migrants.
Also, the new law changes the rules concerning the refusal to obtain or cancellation of a temporary residence permit already obtained:
1) It explains the calculation of the maximum period of stay of a foreign citizen outside the Russian Federation, after which a temporary residence permit is not issued and is revoked:
A foreign citizen residing for more than 6 months outside Russia (cumulatively during a calendar year), except in cases when 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 have been added for annulment of a temporary residence permit - in case a person applies for annulment of a temporary residence permit issued to him/her.
3) Grounds for revocation are excluded - if the foreign citizen is deprived of parental rights or limited in parental rights in respect of a child who is a citizen of the Russian Federation by a court decision, which has come into force.