Obtaining a passport using a foreign passport

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Citizenship is one of the most important characteristics of a person. It determines which country a person is a resident of, and also gives the citizen a lot of rights when staying in the country of which he is a citizen. Citizenship of the Russian Federation is no different from any other - residents of the Russian Federation with the status of citizen have the rights to live, work, receive assistance in government services, and much more.

However, not everyone who lives in Russia has citizenship. These are either nationals of foreign states residing in the Russian Federation temporarily, or stateless persons - stateless persons. The status of a stateless person is very interesting from a legal point of view, since it both gives some rights and quite severely limits a person. In this article we will talk about how a stateless person can obtain all the necessary documents and become a full citizen of the Russian Federation.

Who is recognized as a stateless person in the Russian Federation?

Not every person who does not have the status of a citizen of the Russian Federation is recognized as a stateless person. Thus, stateless citizens of a foreign state who arrived from abroad in the Russian Federation have the status of “foreign citizen,” which gives both certain rights and responsibilities. Also, a person who fled from his homeland for any reason is not recognized as a stateless person - in Russia such a person receives the status of “refugee” and can enjoy some special benefits.

Thus, a stateless person is an individual who, due to some circumstances, has no citizenship at all. There are five categories of stateless persons:

1. Those who have not yet received citizenship. A newly born child will not in fact be a citizen until his citizenship is confirmed by his very first document - a birth certificate. However, due to the fact that the certificate is issued almost immediately, a newborn is considered a stateless person in a matter of hours. It’s a completely different matter if his parents are also considered stateless. In this case, the child will receive citizenship after obtaining a birth certificate;
2. Those who renounced citizenship. The procedure for renouncing citizenship is quite common when moving to another country. If the law does not allow dual citizenship, then the departing person will have to surrender all his documents and thus obtain the status of a “stateless person”, which will allow him to freely move to another country;
3. Forcibly deprived of citizenship. A very rare category of people whom the state deprived of their status for one reason or another. As a rule, such citizens are almost immediately deported from the country, and they will no longer be able to regain citizenship;
4. Foreigners who have been deprived of their acquired citizenship due to any violations. Violations that may lead to deprivation of citizenship may include the provision of false documents, a fictitious marriage with a citizen of the Russian Federation, errors in filling out applications, etc. As is correct, this type of deprivation of citizenship can be appealed in court;
5. Persons who lost citizenship as a result of the disappearance of a country. Oddly enough, there are quite a lot of such people. For example, a huge number of people lost their citizenship when the USSR disappeared. Now there are not very many such individuals, and they can obtain citizenship in a simplified manner.

Rights of stateless persons and their responsibilities

Rights of stateless persons and their responsibilities
As mentioned earlier, the status of “Stateless Person” has some features that distinguish it from refugees, foreigners or citizens of the Russian Federation. However, a stateless person has all the most basic rights that the Constitution provides. That is, he can seek medical help, write statements to law enforcement agencies and much more.

The problems associated with statelessness begin first in everyday life. Thus, stateless persons cannot occupy certain positions that impose certain responsibilities or job duties on a person. Also, stateless persons may encounter problems with official employment, since the employer requires a package of documents that a stateless person simply does not have. For the same reason, a stateless person may have difficulties enrolling a child in school or kindergarten.

The responsibilities of a stateless person are no different from the responsibilities of an ordinary citizen - he is also obliged to pay taxes and comply with current legislation. Additional responsibilities are imposed on a stateless person if he nevertheless decides to become a citizen of the Russian Federation. They will depend on exactly how a person obtains citizenship.

Sample documents

Citizenship without a passport

Private Alexander Levchuk proudly displays his military awards. As a 17-year-old boy, he stormed Grozny as part of the Russian army. In ninety-four I went through a real meat grinder. But he does not even remember the Chechen events with such pain as the last twelve years have reflected in his life. All these years he has been trying unsuccessfully to recover his lost passport. And prove that he exists, he is still alive. The veteran believes that he was buried alive, without the right to life and a dignified existence.

“In general, the procedural order allowed the Ministry of Internal Affairs to make requests to obtain archival documents, about his birth, about his citizenship, but, apparently, the archive was lost, and the Ministry of Internal Affairs decided to fold its hands and do nothing more,” says the lawyer for civil affairs Ilya Antonov

War is scary, but bureaucratic war is even worse, relatives say. After moving from Kazakhstan to Russia, Alexander was immediately drafted into the army. Now he and his mother are faced with the negligence of officials. FMS, Ministry of Internal Affairs, passport office, reception offices of deputies of various levels: it would seem that the circle is closed. But all to no avail. There is a mountain of documents on the table, all kinds of extracts, characteristics and court decisions. According to them, Levchuk is recognized as a citizen of Russia, but the passport office is accepting his documents for the tenth time, and that’s where it all ends. The man is forced to go to court to restore his legal right to receive a passport.

“As practice shows, these decisions are executed voluntarily within the time period established by the bailiffs. Thus, the claimant will receive his long-awaited passport of a citizen of the Russian Federation. Of course, provided that the court sides with him. Such situations arise regularly, this can be explained both by imperfect legislation and the negligence of officials,” says civil lawyer Ilya Antonov

The court granted the claim, but two weeks have already passed since Alexander gave the writ of execution to the bailiffs. This is the last chance to get a passport. Every day he checks his mailbox and constantly holds his phone in his hands. No answer yet. But this story will definitely have an ending. And it will be positive. For 12 years, due to the lack of a passport, Alexander has not been able to find a job, start a family, seek medical help and receive well-deserved veteran's benefits. Within the period established by law, bailiffs will execute the court decision to issue a passport.

“In the future, the plaintiff will be able to apply for moral compensation. First, however, the guilt of government agencies will have to be proven in court. The passport of a citizen of the Russian Federation is the main document identifying a person. Even its temporary loss threatens with serious troubles. What can we say about a situation where an able-bodied citizen cannot live a full life for several years: work, receive the required payments or get married,” sums up civil lawyer Ilya Antonov

Obtaining citizenship by a stateless person

If a stateless person decides to obtain the official status of a Russian citizen, then he will need to go through a very complex procedure consisting of four steps:

1. Establishing the identity of an individual;
2. Registration of a temporary residence permit;
3. Registration of a residence permit;
4. Obtaining citizen status.

It is important

The procedure for obtaining citizenship should be completed in strict order and at the first difficulties, contact specialists from the Federal Migration Service (especially if you are missing some documents). If the FMS could not help you, then contact a citizenship lawyer for a free consultation.

Establishing the identity of an individual

Establishing the identity of an individual
The procedure for obtaining citizenship begins with a very important step—identification. This procedure involves submitting documents that serve as proof of identity. This could be any foreign documents, a birth certificate, an old invalid passport.

However, the applicant does not always have such documents. In this case, the stateless person will need the help of the Federal Migration Service. Methods for establishing identity are very diverse - from fingerprint examination to requesting foreign countries to provide copies of documents.

The procedure itself goes as follows:

1. A stateless person submits a minimum package of documents to the FMS office: an identity card, a registration document, a detailed biography, a receipt for payment of fees;
2. A FMS employee conducts a survey and fills out the necessary forms;
3. All collected information is verified. The check itself takes quite a long time, since you have to make a lot of requests. At the same time, its terms may be extended due to the fact that a stateless person may be called to the FMS office for additional consultations. However, the inspection period cannot exceed three months;
4. A stateless person is issued a document that is a temporary replacement for a passport of a citizen of the Russian Federation.

Obtaining a temporary residence permit

Obtaining a temporary residence permit
Issuing an identity card, which is a replacement for a passport of a citizen of the Russian Federation, is the first step to begin obtaining citizenship. As soon as a stateless person has this document, he can begin to apply for a temporary residence permit. To do this, he must contact the Federal Migration Service at the place of arrival.

Obtaining a temporary residence permit for a stateless person who has issued a temporary passport replacement will be quite simple, since he will already have all the documents on hand. To obtain a residence permit you will also need to provide:

• Medical certificate confirming the absence of HIV;
• Two 3 by 4 photographs (which in most cases can be taken directly at the FMS office;
• Application for obtaining a temporary residence permit;
• A document confirming the citizen’s right to stay on the territory of the Russian Federation;
• Receipt of payment of the duty ( 1600 rubles ).

The documents will be received, checked and, if no problems are found, the stateless person will receive a temporary residence permit. It imposes one important obligation on the recipient - it must be renewed every year. Otherwise, it will be canceled and the stateless person will be deported. At the same time, an individual who has received a temporary residence permit receives the opportunity for official employment in the region where he issued the temporary residence permit.

How to get a temporary residence permit

A temporary residence permit allows a foreign citizen or stateless person to live and work in Russia for no more than three years, after which it will be possible to obtain a residence permit. The temporary residence permit itself is a note in the foreigner’s passport with several fields that are filled out in Russian. If a person does not have a passport, then he is given a small document that contains the same fields, and with which he can legally get a job.

To obtain this document you must:

• Collect all documents.
• Perform fingerprinting.
• Register at your current place of residence.
• Get a TIN.
• If you are going to often travel from Russia, then you will also have to apply for a multiple-entry visa to leave the Russian Federation.
• Inform the Main Directorate of Migration Affairs of the Ministry of Internal Affairs about your residence in the territory of the Russian Federation.

In most cases, problems arise with the preparation of documents rather than with further actions. Here is a list of all the necessary documents for a temporary residence permit:

• Completed application for temporary residence permit in two copies. If you don’t want to apply for it yourself, you can ask for help from the Main Migration Department of the Ministry of Internal Affairs.
• Two photographs (or three if you are stateless). The photo requirements are similar to the photo requirements for regular and foreign passports.
• Passport of your country of residence or international passport of your country. If there are none, then you will have to establish your identity, which can take a very long time.
• It is advisable to have a certificate of no criminal record with you.
• Medical certificate. This paper will need to be received upon arrival in Russia. Honey. The examination is paid: for adults - 2900 rubles, for children - 2500.
• Any proof of fluency in Russian (for example, a certificate of passing a Russian language test). But if you filled out all the papers yourself and communicated freely with GUVM employees, then this will already be evidence.
• Migration card (given upon crossing the border).
• Receipt for payment of state duty in the amount of 1600 rubles.

After submitting the documents, you will be informed about the decision within 2-6 months. If it is positive, then you will have to be fingerprinted, register, issue a TIN, and register with the Main Department of Migration Affairs of the Ministry of Internal Affairs. After the expiration of the temporary residence permit (3 years), you can apply for a residence permit.

With a Russian-style temporary residence permit and temporary residence permit, you can travel to many countries in the world, but some countries remain closed to you. After 5 years of living in Russia, you can apply for Russian citizenship, and if you are issued it, you can also obtain a foreign passport.

Obtaining a residence permit

As soon as a stateless person has lived under a temporary residence permit for one year, he has the full right to obtain a residence permit. This is an analogue of a temporary residence permit, which gives all the same rights. However, it does not need to be reissued every year. At the same time, having a residence permit is a prerequisite for obtaining a passport in the future. Therefore, it should be completed at the first opportunity.

The procedure for obtaining a residence permit is significantly different from obtaining a temporary residence permit. Although the documents and the method of submitting them will not differ much from the documents for a temporary residence permit, those wishing to obtain a residence permit will need to pass an exam on their knowledge of the Russian language. It includes a written and oral part, and takes place in three stages. After passing the exam and checking documents, a stateless person can receive a residence permit.

Required documents

Here is a list of documents required to become a Russian citizen:

• Residence permit or residence permit. For citizenship both according to the general procedure and simplified. Not needed if citizenship is recognized. When you receive a residence permit, if there are grounds for acquiring Russian citizenship, you can apply for citizenship in a simplified manner.

• Certificate of income. If you want to obtain a residence permit, such a document is required.

• A certificate that you have submitted an application to the authority of your country and are renouncing that citizenship.

You can find a complete list of documents in the article “Documents for obtaining Russian citizenship“

Obtaining citizenship

The final stage is obtaining Russian citizenship. To obtain citizen status, you will need to fulfill the following conditions:

• The applicant for citizenship must have an official income;
• An applicant for citizenship must have a residence permit;
• An applicant for citizenship must speak and write fluently in Russian;
• An applicant for citizenship must live in Russia for five years.

If all conditions are met, then you can begin to obtain citizenship. To begin, you will need to collect and submit the following documents:

• Standard passport photos, 4 pieces;
• Copies of all available temporary residence permits and residence permits (notarization required);
• Birth certificate;
• Document confirming the availability of education;
• Medical certificate confirming the absence of HIV;
• A document confirming the fact of proficiency in the Russian language (certificate of passing a state test);
• Receipt of payment of the duty ( 3500 rubles ).

After this, the procedure for checking all these documents begins. It is worth warning that it is very long - its maximum limit is one year. However, after all documents are received, the stateless person receives a passport and becomes a full citizen of the Russian Federation.

Procedure for obtaining citizenship by a stateless person

In fact, having a Russian residence permit, a stateless person may not need citizenship, since a residence permit gives him the maximum amount of rights and freedoms on the territory of Russia, which is possible for non-citizens of the Russian Federation - he will not feel any infringements or discrimination. However, feeling unity with the Russian people and becoming a full-fledged part of Russian society, many decide to apply for citizenship.

Let us immediately note that stateless persons are not a separate category of passport recipients; they are equal in their legal status to foreigners and can apply for citizenship in a similar manner.

To obtain this legal status, they must meet certain conditions specified in paragraph 1 of Art. 13 of the Law “On Citizenship of the Russian Federation”, concerning, in particular:

1. minimum period of residence in the Russian Federation – 5 years with a residence permit;
2. obligations to comply with the law;
3. availability of a legal source of income;
4. knowledge of the Russian language.

For scientists, refugees and political asylum seekers, the minimum period specified in paragraph 1 will be only 12 months. This is the so-called general admission procedure. However, if a stateless person is among the persons specified in Art. 14 Federal Law No. 62, he can apply for a simplified procedure: exclusion of certain conditions, depending on the category of person, reduction of the period for consideration of the application.

The following persons have the right to a simplified procedure:

• those born in the RSFSR and having a Soviet passport;
• born to Russians currently living in the Russian Federation;
• recognized as native speakers of Russian;
• have been engaged in business in the Russian Federation for three years;
• participating in the State Program for the Resettlement of Compatriots, and so on.

Step by step procedure

So, regardless of the admission conditions that a stateless person may qualify for, the step-by-step procedure for obtaining Russian citizenship for stateless persons will include:

1. Collecting the necessary documents and submitting an application - the form of such an application is approved by Appendix No. 1 to. The application is submitted in person, or, if this is not possible, by post, but only if the signature is notarized.
2. Consideration of the application and making a decision on it - officials, depending on the procedure applied, will consider the application, check the accuracy of the specified data, the presence of grounds for admission to citizenship, and then make a decision on this matter. Within a month from the date of acceptance, it must be communicated to the applicant in writing.
3. Taking the oath - if a positive decision is made, the person applying for Russian citizenship, in accordance with Art. 11.1 of the law, must take the Oath of a citizen of the Russian Federation.
4. Registration of a Russian passport (final stage) - obtaining a document proving the identity of a citizen of the Russian Federation.

Package of documents

Depending on the status of a stateless person and the procedure for admission to citizenship applied to him, the package of documents he needs will differ. For example, the package of documents for those who apply for a passport in the general manner is specified in clauses 10-12.1, and for preferential categories - in clauses 13-16 of the Regulations approved by Decree of the President of the Russian Federation No. 1325.

So, in general cases, the package of documents for a stateless person will include:

• statement;
• residence permit as a basis for obtaining citizenship and as an identity document;
• information about place of residence;
• confirmation of length of stay in the country;
• photographs – 3 pcs.;
• information about changes in personal data (if necessary);
• receipt of payment of state duty;
• a document confirming the existence of a legal source of income, for example, a tax return;
• certificate of knowledge of the Russian language and so on.

The remaining documents that a stateless person will need will depend on his status, for example: if he is applying for a reduction in the minimum period of residence because he is a refugee, he will have to present a refugee certificate, if he is applying for a simplified procedure due to USSR citizenship - a USSR passport.

Where to submit an application and documents

Having collected the necessary documents, the stateless person, in accordance with Art. 32 of the Law “On Citizenship of the Russian Federation”, submits them to the territorial body of the Main Directorate for Migration of the Ministry of Internal Affairs at the place of residence. This rule applies regardless of the procedure for obtaining citizen status.

Timing and cost

In accordance with Art. 34 Federal Law No. 62, for admission to citizenship a state fee is charged, which must be paid before submitting documents. Its size, according to clause 1 of Art. 333.28, is 3500 rubles. Please note that from its payment, according to paragraphs. 2 p. 1 art. 333.29 of the Tax Code, stateless persons who are USSR citizens and who arrived in the Russian Federation from former Soviet republics may be released if they have not obtained citizenship of these countries. When submitting documents, the applicant is required to provide a receipt for payment of the state fee.

As for the deadlines, they depend on the order of registration. Thus, those who claim a general order, according to Art. 35 of the law, will be able to obtain a Russian passport within up to one year from the date of filing the application. For preferential categories, a six-month review period is provided.