On the Benefits of Russian Temporary and Permanent Residency - Russia





According to article 2 of the Federal Law No. 115-FZ, dated 25 July, 2002, “On the Legal Status of Foreign Citizens in the Russian Federation” (further Law on foreigners) - temporary residence permit (further TRP) grants right to the foreign citizen to reside temporarily in the Russian Federation until receipt of permanent residency and is drawn up in the form of an entry in the identity document of the foreign citizen.

Temporary residence permit
According to article 2 of the Federal Law No. 115-FZ, dated 25 July, 2002, “On the Legal Status of Foreign Citizens in the Russian Federation” (further Law on foreigners) - temporary residence permit (further TRP) grants right to the foreign citizen to reside temporarily in the Russian Federation until receipt of permanent residency and is drawn up in the form of an entry in the identity document of the foreign citizen.
Foreigner that has obtained TRP, is still obliged to obtain work permit to be employed in Russia. If you are a foreigner working as an employee without having a work permit, and get caught, you would be deported and refused entry in future.

However, a foreigner that has a TRP is free to enter and reside in Russia without visa. Only on departure from Russia he has to obtain single exit visa. This visa is issued for the term of validity of TRP (i.e. 3 years).
Russia has a quota for the number of temporary residence permits it issues every year. The quota for 2009 is 200345 and it is divided among the regions of the Federation. Moscow City is allowed just 1500. In comparison, the Moscow Oblast has 10000.

Those born in the USSR or Russian Federation, married to Russian citizen are eligible to apply for temporary residency with no concern for quotas. The rest can only start to apply for temporary residency if the year’s quota for their region has not been filled.

Every new year, there is a new quota established by the Government of the Russian Federation.
TRP is issued for three years (point 1, article 6 Law on foreigners).

A foreign citizen can apply for TRP in the territorial body of the Federal Migration Service (further FMS). During the 6 months term FMS considers the application and decides whether to issue TRP for a certain foreign citizen or no, the decision on refusal to issue TRP should be motivated. Exhaustion of quota is also the reason for refusal.

Application for obtaining TRP is to be filed personally in the district of FMS of the prospective place of residence (where foreigner owns or rents estate). A certain number of documents stipulated by the laws is to be attached to the application.

After one year of temporary residence a foreigner can apply for Permanent Residency.

Permanent Residency:
Permanent residency grants right to the foreign citizen to reside permanently in the Russian Federation and the right of free entry to and exit from the Russian Federation.

Once a foreign citizen becomes a permanent resident, he can work in Russia without a special permit.
Finally, and perhaps the most important of all, permanent residency means that a foreigner never has to go through the hassle of getting a visa again. Once he becomes a permanent resident, he can enter and leave Russia with no visa.

Permanent residency can be issued for a foreign citizen that has resided in Russia under TRP no less than in one year; application shall be filed in FMS no later than six months until the TRP expiration.
The application and all the required documents are reviewed during six months.

Permanent residency is granted for a period of five years. This can be renewed indefinitely or converted to citizenship.

A foreign citizen that has permanent residency should confirm this status every year in FMS.
People who plan to live in Russia for the long-term and who will spend at least six months per year in Russia are recommended to apply for residency. Once a foreign citizen gets it he must live in Russia six months a year or will lose residency.

Obtaining of residency will free you from obligation to apply for a dozen of migration documents, this will save your time and money.

ABOUT THE AUTHOR: Bakhteyeva Albina, Sahakyan Anna
Norman DL Associates is one of the leading full-service law firms providing comprehensive legal support in all regions of the Russian Federation, the CIS and foreign jurisdictions. For over a decade Norman DL Associates has proved to be a reliable partner in finding solutions to numerous corporate, accounting, legal and regulatory issues that a company may face throughout its operations - from its entry into the market (start-up in Russia) to just about any minor executive issue.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.



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