Notarized renunciation of citizenship - 40 tips from lawyers and lawyers

Legal grounds

The main points regarding the renunciation of Russian citizenship can be gleaned from legal acts.
In particular, the article of the Constitution of the Russian Federation indicates that the termination of citizenship occurs on equal terms for all, regardless of the grounds for acquiring the status. Paragraph 3 of this article assigns to every citizen of the Russian Federation the right to change his citizenship. The grounds for termination of citizenship can be found in the provisions of Federal Law No. -FZ. Art. 18 of this bill indicates that citizenship is terminated due to renunciation of citizenship of the Russian Federation, as well as on other grounds provided for by Federal legislation or international law. Art. 19 of the law in question states that renunciation of Russian citizenship occurs in a voluntary form.

Article 6 of the Constitution of the Russian Federation

Federal Law of May 31, 2002 No. 62-FZ “On Citizenship of the Russian Federation”

Is it possible?

The current law on citizenship N62-FZ provides for the possibility of renouncing Russian citizenship voluntarily, in the absence of coercion from third parties (Article 19).

Most often, this right is used by persons wishing to go abroad and become a citizen of another country. Moreover, a number of states require that you renounce your previous citizenship in order to acquire a new one.

Another option - option - provides for the possibility of choosing citizenship as a result of Russia concluding bilateral agreements with other states (Article 21).

There are two possible options for renouncing Russian citizenship:

A simplified version is provided for children, one of whose parents is a foreign citizen, as well as for persons permanently residing abroad.
Regular applies to all other categories.

If you renounce Russian citizenship, you lose the right to receive some social benefits. Thus, it will be impossible to apply for a Russian pension if you renounce Russian citizenship before reaching retirement age.

This rule does not apply to those who are already receiving it, but they will need to obtain the consent of the receiving country for this.

Reasons for the decision

If we consider the situation as a whole, the state and legislative bodies are not interested in the reasons why a person decided to renounce Russian citizenship.
Although there is such a clause in the application form. It is noteworthy that this item is required to be completed, although de jure, citizens are not required to voice the reasons for their decision. The most common reasons for renouncing Russian citizenship include the following:

Moving to another country for permanent residence.
Employment abroad.
Option: changing the status of a territory or transferring part of the country under the control of another state.
Independent decision of citizens over 18 years of age.
Moving minors with their parents/guardians to another country.

It should be noted here that these reasons cannot be considered as a reason for refusing to carry out the procedure. The authorized bodies only ensure that the package of submitted documents is complete and that there are no legal contradictions in the revocation of citizenship.

However, citizens who decide to take such a step should not forget about the legal consequences. This may include:

Obtaining a visa for subsequent entry into the country.
Termination of social and sometimes pension payments.
Inability to participate in elections.
A ban on the purchase of real estate and land plots located near the state border and secret facilities.

Let us add that the status of a Russian citizen can be obtained again. This happens on a general basis, provided that the citizen has been living in the country for more than 3 years.

When cessation of citizenship is impossible

The list of such grounds is established by Article 20 of Federal Law No. -FZ. Here are the reasons for legal refusal:

Failure to fulfill obligations provided for by current legislation. For example, if the applicant has arrears in alimony or taxes, he will not be allowed to renounce his citizenship.
The applicant is a defendant in a criminal case or has a criminal record. The restriction is canceled after all charges are completely dropped and the criminal record is expunged.
There is no other citizenship and no guarantee of obtaining it. This indicates that the country cares about its citizens, and cannot allow a person to be left without legal support from another state after renouncing citizenship.

Read also: Restoration of Russian citizenship

Today, this list is considered exhaustive and there are no other legal grounds for refusing to terminate citizenship.

What documents will be required

Renunciation of citizenship occurs exclusively by application. It follows that in order to initiate the procedure, a citizen must write a corresponding application on a form in an approved format. This statement is supported by the following documents:

Russian passport.
A certificate confirming receipt of citizenship of another country.
An extract from the tax service register certifying the absence of debts.

Certificate from the tax office confirming the absence of debts
A certificate confirming the change in last name, first name and patronymic (if this happened).
Photocopies of marriage and birth certificates.
Military ID.
Receipt for payment of state duty of 3,500 rubles.
Photos in the amount of 3 pieces, 3*4 format, in color or black and white formats.

Photo requirements
Read also: Rules for entering Israel due to coronavirus in 2021

As an addition, migration service employees may request documents confirming education or work activity in the Russian Federation.

Refusal procedure

You can refuse while still living in the Russian Federation or already abroad. In Russia, the application is submitted to the Main Directorate of Migration Affairs of the Ministry of Internal Affairs at the place of residence, and abroad to the diplomatic mission of the Russian Federation. It is not necessary to travel to the Russian Federation.

The procedure for renunciation is quite simple; all you need is:

Obtain grounds for acquiring citizenship of another country;
Terminate registration at the place of residence in the Russian Federation (if the application is submitted at a diplomatic mission);
Collect the necessary documents;
Pay the fee (exit price 3500 rubles);
Submit documents.

List of documents

You must provide the following to the Main Migration Department of the Ministry of Internal Affairs:

Application for renunciation of citizenship;
Internal passport of a citizen of the Russian Federation;
Confirmation of the presence or possibility of obtaining a new citizenship, for example a residence permit;
3 photos 3*4 cm, meeting standard requirements for quality, clarity and brightness;
Document confirming full payment of taxes in the Russian Federation;
Receipt of payment of the duty (now it is 2 thousand rubles).

Standard refusal procedure

This is a typical situation that is relevant for the majority of citizens of the Russian Federation permanently residing in the country. As mentioned above, the procedure for renouncing citizenship is initiated by application. The petition is written to the president and submitted for consideration through the territorial division of the migration service.

Required documents

Application in the form prescribed by law.
Passports: Russian and foreign.
Certificate of absence of tax debt.
A certificate confirming citizenship of another country or guarantees of obtaining citizenship.
Photocopies of birth and marriage certificates.
Receipt for payment of state duty.

A decision on such appeals is made within a year.

Statement

The form can be obtained at the place of application, downloaded from the migration service website or through the State Services portal.
The document is filled out exclusively in blue ink, without blots or corrections. To avoid refusal to accept an application due to unreadable handwriting, it is better to fill out the form in block letters. Please note that there should be no empty lines in the application. If the item is optional and the person does not consider it necessary to indicate this information, a dash is placed in the corresponding column.

Renunciation of citizenship

An application for renunciation of citizenship, which is also often called a “statement for renunciation of citizenship,” is an official document drawn up in an approved form that contains a request from a citizen of a foreign country to formally renounce citizenship.

In generally accepted international practice, renunciation of the citizenship of Kazakhstan, Uzbekistan, Ukraine, and other states is accomplished by sending the original application for renunciation of citizenship, previously certified by a notary, to the embassy, consulate and other competent authorities of the country of which the person is currently a citizen. acting as an applicant.

The procedure for renouncing citizenship can vary greatly depending on the legislation of a particular state, therefore, when filling out an application for renunciation of citizenship, it is necessary to clarify in advance all the existing requirements of the legislation of the country to whose government authorities the request for renunciation of citizenship will be sent. That is, contact the consulate, embassy or other competent state body to obtain an exact list of necessary documents and actions that will have to be taken to complete the change of citizenship.

Design features

Most often, the need to draw up and notarize a renunciation of citizenship arises if a citizen of another state wishes to obtain citizenship of the Russian Federation. Thus, an application for renunciation of citizenship is drawn up and notarized immediately before submitting the approved package of documents to the Federal Immigration Service of Russia. The main purpose of submitting this package of documents is to obtain citizenship of the Russian Federation.

In this case, the diplomatic mission, consulate or embassy provides the applicant with an official document that confirms the direction of the applicant’s request to renounce the citizenship of Ukraine, Moldova, Kazakhstan, Uzbekistan, Armenia or another state. As a rule, such a document is a certificate from the competent authority of the country regarding the acceptance of an application for renunciation of citizenship.

Current legislation implies that an application for renunciation of citizenship is always certified by a notary. If the form of notarization of renunciation of citizenship established by law is not followed, then the document loses legal force and will not be accepted either by the embassy or consulate of a foreign state, or by the Federal Migration Service of Russia.

If you apply to the Russian Federal Service with a request to obtain Russian citizenship, the first document that the applicant will need is a notarized copy of the application for renunciation of citizenship, made from the original, which in turn has also been previously certified by a notary. Thus, contacting a notary will be required twice: to certify the original and to certify its copy.

It is worth noting that it is the document that confirms the applicant’s application to the embassy, consulate or diplomatic mission of his state with an application for renunciation of citizenship, as well as a copy of the application for renunciation of citizenship certified at the notary office that becomes a guarantee of the applicant’s fulfillment of all obligations regarding renunciation of citizenship of another country within the period of time established by Russian legislation.

Simplified refusal procedure

This situation applies to citizens who have dual citizenship and permanently reside in the territory of another state. In addition, in addition, the simplified scheme is relevant for cases where the child, parents or spouse of the applicant has citizenship of another country.

Submitting an application

If the applicant permanently resides in the territory of another country, an application to renounce citizenship is submitted through a diplomatic mission. While in Russia, consideration of the issue remains with the migration service department at the place of residence. An application is filled out using the standard form. However, the established package of documents is supplemented by the following certificates:

Deregistration on the territory of the Russian Federation;
Registration at the consulate of the country of permanent residence.

After a positive decision is made, the applicant loses his status as a citizen of the Russian Federation. Therefore, he needs to surrender his Russian passport. Only the passport of the country of permanent residence remains in hand.

Read also: Emigration to Iceland from Russia

Timing and cost

The decision to revoke citizenship according to the simplified scheme is made within six months from the date of acceptance of the application and accompanying documents.
The cost of the procedure directly depends on the method of submitting documents. For example, in Russia, a state duty of 3,500 rubles is paid. When submitting an application through a diplomatic mission, a consular fee is paid, the average amount of which is equivalent to 65 US dollars. Please note that the amount of duty in different countries may vary.

Procedure for renouncing Russian citizenship

The procedure itself will differ slightly depending on where the applicant is located. The procedure for renouncing citizenship is divided into standard, for those living in Russia, or simplified, for residents of other states.

Standard procedure

The final decision in the case of the standard procedure for renouncing Russian citizenship for residents of Russia is made by the President of Russia. The standard procedure takes about 12 months.

Application form

To obtain a renunciation of Russian citizenship, you must submit an application to the Department of Internal Affairs at the applicant’s place of residence. The application is provided in two copies.

Application form is available.

Rules for filling out an application

The application must be left in writing and comply with the following rules

It is allowed to fill it out either by hand or by using a computer or typewriter to fill it out.
If you fill out the application form with a pen, you may only use blue or black ink.
The application must be completed in Russian.
The text of the application must not contain grammatical errors, corrections or any abbreviations.
All columns of the form must be filled in, without gaps.
The document must contain only accurate and truthful information concerning both the applicant and his family members.

The text of the application must reflect the request to renounce Russian citizenship, the reasons for the decision, the request to renounce the citizenship of minor children, the applicant’s passport and personal information, information about professional activities, data on the fulfillment of obligations of a citizen of the Russian Federation to obtain a renunciation of citizenship, the presence of dual citizenship , the application ends with the date of preparation and the signature of the applicant with a transcript.

Simplified procedure

It is used for Russian citizens living in the territory of other countries, or having relatives who are residents of another state, or for renouncing the citizenship of minor children separately from their parents. Each of the above cases requires its own application form, its own set of documents and its own procedure for consideration. The duration of the simplified procedure is no more than 6 months. To obtain a waiver of Russian citizenship under a simplified procedure, you must contact the Russian consulate in the applicant’s country of residence, for example, the Russian consulate in Germany, Israel, or Kazakhstan.

IMPORTANT: by this time, the applicant must already be registered in the host country and go through the deregistration procedure on the territory of the Russian Federation.

In the simplified procedure, the standard package of documents includes a certificate of extract from the territory of the Russian Federation and documents providing grounds for obtaining citizenship and the possibility of legally residing in another state.

IMPORTANT, the amount of the state fee in case of undergoing a simplified procedure for renouncing citizenship will depend on the rules adopted in the host country. Approximately it is about 40 euros.

In both cases, the certificate can be issued in person or sent by mail to the applicant’s address.

Citizenship renunciation for minors

According to established rules, citizens under 18 years of age do not have the right to independently express their will.
Therefore, in the case of termination of citizenship, an application on behalf of the child is submitted by the parents. If the renunciation of citizenship occurs according to the standard scheme, the application is signed by mom and dad. With a simplified procedure, the signature of one parent and written consent certified by a notary from the other is sufficient. There is no need to submit a separate application on behalf of the minor. The application form contains the appropriate fields. If we are talking about teenagers aged 14-18 years, the minor’s written consent to renounce citizenship will be required. Additionally, three photographs of the child and a receipt confirming payment of the state fee are attached.

Consequences of renunciation of citizenship

We mentioned above that by renouncing Russian citizenship, the applicant loses all rights applicable to citizens of the Russian Federation. This is expressed in restrictions on freedom of movement, obtaining a visa, and certain requirements for employment. If a person renounces citizenship after reaching retirement age, he retains the right to receive social benefits, provided that this does not contradict the laws of the country of permanent residence.

In addition, for non-residents of the Russian Federation, the tax rate increases to 30%.