What is necessary to obtain migrant status


How to Obtain a Resettler's Certificate Under the New Law 2021

At the same time, forced migrants - by Russian citizenship, and foreigners - as a result of refugee, have the right to pensions and other social benefits due to their social status (for the loss of a breadwinner, for disability, and others).

Third: if after displacement the place of registration of residence changes, the IDP status remains. Since a registration mark in your passport is no longer needed to obtain an IDP certificate, it is enough to confirm your residence in the territory from which you are moving.

Pension without a migrant’s certificate: what the law offers

According to the conclusion of the Main Scientific and Expert Directorate of the Verkhovna Rada, with our law we should, firstly, again link pensions to the status of IDPs. Secondly, limit the payment of pensions to people who participated in terrorist organizations. But regulating the methods of punishment for crimes by the pension law is somewhat contrary to the fundamental basis of the law. If this is a crime, such as participation in a terrorist organization, then the punishment for it is provided for in the Criminal Code. Taking away a pension is not a way of punishing a criminal offense at all. A person who has committed a crime, even while sitting in prison, receives his pension. No one has the right to deprive him of social guarantees provided by the state.

Pensioners who live in uncontrolled territory do not need to deceive the state and obtain IDP status without being an IDP. In the law, we have once again established their right to receive pensions. Then, certain government actions must be developed to ensure that people can receive pensions regardless of their IDP status.

09 Jun 2021 uristlaw 163

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How to issue a certificate confirming migrant status

For all other citizens who decided to change their place of residence and voluntarily moved to another region, the migrant certificate was canceled in 2021. Now they just need to register with the migration service at their new place of residence.

The next question that concerns migrants concerns the financial side: how much will it cost to obtain the necessary certificate? According to current legislation, the issuance of migrant certificates and certificates confirming the status of refugees and other categories of citizens seeking protection is free of charge.

Rights of displaced persons: what will change under the new law on displaced persons

— Firstly, this law regulates the indefinite validity of an internally displaced person (IDP) certificate. If now such a certificate is valid only for 6 months, then after the law comes into force, you will not have to confirm your status every six months.

Although it is now difficult to say how the absence of IDPs for more than 60 days will be determined, this is an attempt to solve this problem. At the same time, it seems to me that until the state ensures the payment of pensions to citizens from the occupied territories, without forcing them to register as IDPs, we will continue to hear about “fake migrants.”

11 Oct 2021 uristlaw 144

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How to Obtain a Resettler's Certificate Under the New Law 2021

The main direction of Russia's policy in terms of migration and stay of foreign citizens on the territory of the Russian Federation is aimed at improving the living conditions, employment and pension provision of foreigners due to the fact that in this way people who have rare professional qualities flock to the country and ensure an increase in the level of the country's labor resources , not to mention a hefty percentage of taxes paid.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

Validity period of a migrant's certificate for receiving a pension

A document confirming the status of a migrant is a certificate of a participant in the State Program for the Resettlement of Compatriots. It is valid for 3 years from the date of issue.

Important: the validity period of the certificate cannot be extended or restored.

Along with the expiration of the certificate, the compatriot loses his status as a participant in the resettlement program, as do his family members included in the certificate. The duration of the certificate is designed in such a way that during its validity the person has time to obtain Russian citizenship.

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The certificate of a State program participant may be canceled in the following cases:

  • the person has been outside the Russian Federation or outside the subject of the Russian Federation selected for resettlement for more than 6 months;
  • the person has left the Russian Federation for permanent residence in a foreign country;
  • the person has been brought to administrative responsibility two or more times for violating the regime of stay established for foreigners on the territory of the Russian Federation;
  • the person has committed an offense related to drug trafficking;
  • the person has a criminal record for a serious or especially serious crime;
  • a person has been convicted by a court of the Russian Federation for a grave or especially grave crime, as well as a crime whose relapse (repetition) is considered dangerous;
  • a person presents false documents or provides knowingly false information about himself;
  • the person is engaged in activities of an extremist (terrorist) nature;
  • the person by his actions threatens the security of the Russian Federation or citizens;
  • the person does not meet the requirements of the State Resettlement Program;
  • a decision was made that it is undesirable for a foreigner to reside on the territory of Russia;
  • the person is prohibited from entering the territory of the Russian Federation;
  • a decision was made on the administrative expulsion of a foreigner from Russia.

Payment of pensions to displaced people in 2021

When moving to Russia, pensioners have the right to count on their pension benefits in the event that they become citizens of the country or receive a residence permit in it. For citizens of the former USSR there is a simplified procedure for obtaining Russian citizenship.

In the section “What kind of pension can migrants expect” there is a phrase: Migrants can continue to receive pensions from their former countries of residence of a type that is not provided for in Russian legislation. Question: What kind of pensions are these?

What is a migrant certificate and why is it needed?

So, a migrant’s certificate is a document confirming the status of a person. In this case – migrant status. Do not neglect to obtain this paper. So, for example, having a migrant certificate, you can apply for a pension on the territory of the Russian Federation (of course, if you have reached a certain age for its accrual) and enjoy other significant social rights in Russia.

Obtaining migrant status provides the following benefits to the State program participant and his family members:

  • obtaining a temporary residence permit without taking into account quotas, residence permits and Russian citizenship in a simplified manner in accordance with current legislation;
  • duty-free import of your property - the state compensates for travel and luggage costs (for a family of 3 people - 1 container weighing 5 tons, for families of more than 3 people - 2 containers weighing 5 tons);
  • duty-free import of one car;
  • receiving a settlement allowance (“lifting allowance”);
  • payment of benefits in the amount of 50% of the subsistence level in the region of settlement in the absence of other income (the first 6 months);
  • compensation package, including services for healthcare, education, social services, from the moment of registration on equal terms with citizens of the Russian Federation (according to Decree of the Government of the Russian Federation No. 1 of 01/10/07).

See also: Obtaining Russian citizenship for Ukrainians - advantages, grounds, documents

Procedure for obtaining a migrant certificate

Having set the goal of obtaining status and all the entitlement privileges, you need to visit an authorized institution or get acquainted with the necessary information on how to obtain a migrant certificate. Then begin collecting the necessary documentation, namely (the list of papers is recorded in clause 1.1 of article 3 of the law on migrants):

To accrue pension payments, it was previously necessary to extend the validity of the document twice a year. Now, according to the newly adopted amendments to the law, the document is issued for an indefinite period of time. That is, those who ask the question: is it necessary to renew the migrant’s certificate after six months - the need for an extension has disappeared.

Problems of the “forced migrant” status

The most serious problem is the lack of division of responsibility for the condition of these persons between the federal and regional authorities; it is necessary to assign responsibility to administrative bodies in order to comply with laws regarding refugees.

The refusal to grant status was poorly handled. You may encounter:

  • bureaucratic obstacles and delays;
  • extension of status often does not occur only due to lack of awareness, but due to this, the migrant may lose all the rights he has received;
  • Often, applicants, out of ignorance, may indicate poor economic conditions as the reason for moving, and this may serve as a basis for refusal;
  • refusal at the will of an official;
  • the status itself, which is not clearly defined;
  • documents required here that have a short validity period.

Obtaining status cannot solve all the problems of refugees and internally displaced persons, because many rights exist only on paper. Often, migrants are distributed to remote areas, where there are often difficulties in finding employment.

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The primary practical task at the state level currently is to conduct an examination of laws and regulations in order to find and eliminate their weaknesses. It is impossible to implement all measures to solve problems without increasing funding.

We briefly examined the concept of a forced migrant, its methods and methods. Leave your comments or additions to the material.

How to obtain migrant status

After the amendments to the Law “On Ensuring the Rights and Freedoms of Internally Displaced Persons” dated January 13, 2020, the Migration Service authorities were deprived of the authority to affix a stamp on the back of the certificate. However, due to the failure to bring a number of resolutions of the Cabinet of Ministers in accordance with the said Law, the Social Protection authorities continue to require IDPs to visit the Migration Service. This requirement is illegal. In turn, the Migration Service authorities carry out a random check of the actual residence of the migrants at the address indicated in the certificate. As a result of such checks, migrants who do not appear at their place of residence during the check or do not confirm their actual place of residence in time at the place of stay stated in the certificate may be deregistered.

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2) Through the Social Security Administration. Without visiting the Intermediate Point, the migrant can come to the Department of Social Protection of the Population in the area of ​​his actual place of residence. If you do not know where the nearest social security office is located, you can find out on the website of the Ministry of Social Policy, or by calling the regional social security department or the government hotline 0800-507-309.

To receive benefits and pensions you now need a migrant certificate

As Lyudmila Denisova, Minister of Social Policy, commented on the situation, the most requests were received from pensioners in the Zaporozhye and Kharkov regions. The minister also recalled that, according to the resolution of the Cabinet of Ministers, now, in order to receive a pension or social benefits, persons who are internally displaced must register with the social security department, and also receive a certificate that they are indeed internally displaced persons, living outside ATO zones.

The need to keep records of all internally displaced persons arose after a new concept appeared - “retirement tourism”. People travel outside the region, receive a pension, reissue documents, and then return to the combat zone. And the authorities do not know who these people are, why they are returning to the danger zone, or in what events these people were involved.

Latest news about pensions for displaced people in 2021 in Ukraine

When asked why pensions for displaced people are being blocked, Olga Sharunova, a representative of the Pension Fund in Lugansk, Lugansk region, answered. According to her, payments have been suspended due to a mass of checks: the place of registration of the pensioner is being checked, whether he is really a displaced person, and whether he is receiving payments from the LPR and DPR. There have been cases when people specifically registered in the Donetsk and Lugansk regions in order to receive payments. They did not live at the place of registration; they came once a month to receive money. To ensure that such cases do not occur again, pension payments have temporarily stopped to conduct a series of checks. The resumption of pension payments to displaced persons will occur as soon as the status of the displaced person is confirmed.

  • obtain the status of a migrant or a temporarily displaced person (to do this, you need to contact the social security authorities and write an application for registration as a migrant);
  • write an application to transfer funds to an Oschadbank card;
  • with a certificate confirming the status of a displaced person, you need to go to the Pension Fund, which is located closest to the place of registration;
  • provide the fund representative with the necessary documents confirming identity and migrant status.

How to apply for pensions and other social payments to migrants from Donbass: useful tips

If the application is submitted not by the migrant himself, but by his representative, then he must additionally present an identification document of this representative, as well as a document confirming his authority as a legal representative (power of attorney), except in cases where the representatives are parents or adoptive parents.

To re-register these payments, you need to register with the local social security authorities (“social security agencies”) at the place of your actual stay (residence). The registration procedure is similar to that for registering pensioners. You must have a passport with you, as well as an identification code and the corresponding preferential certificate (if available).

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What kind of help can migrants in the Russian Federation expect in 2020?

The new law on pensions for migrants does not conflict with international agreements that Russia has concluded with other countries. And according to such agreements, the pension in the Russian Federation should be paid in the same amount as at the place of previous residence. But the foreigner is required to document that payments to him have been stopped in his home country.

There is much in common between such concepts (“immigrant” and “refugee”), but by forced migrants in the law they mean Russian citizens who, under the pressure of circumstances, leave their homes and move to other places. Although this status is also granted to foreigners. A refugee who asks for shelter in a country is clearly a citizen of another state. Accordingly, both Russians and visitors can receive forced migrant status in the Russian Federation. There are situations when it is provided to persons who do not have citizenship at all (are stateless).

Forced migrant status in Russia 2021: law, rights and registration process

  • a Russian citizen who left a foreign country;
  • a citizen of Russia who moved from one subject to another;
  • a stateless person (foreigner) who resides in the Russian Federation legally, but is forced to change his location;
  • citizens of one of the countries that were part of the former USSR who received Russian refugee status and lost it due to registration of Russian citizenship;
  • a child who was born within 10 months after his parents arrived in Russia and received forced migrant status.

Forced migrant status can be obtained by a citizen who left his place of permanent residence because violence or persecution was committed against him or his family members for the following reasons:

Certificate for a migrant in Russia: requirements and benefits

To obtain a certificate for a migrant in the Russian Federation, you will need photographs, which are subject to a number of specific requirements. First of all, we pay attention to the color of the image: the photographs must be black and white, and their size is 3 by 4 cm. It is better to tell the employees of the photo salon why you need the photos, and they will take the photographs according to the established rules.

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Many people are interested in how to obtain a migrant certificate under the new law, because policies in the field of migration processes are constantly changing. It must be said that the procedure for both obtaining status and obtaining the necessary package of documentation is only becoming easier. For example, it has now become possible to obtain a certificate through a diplomatic office in your home country. This innovation allows migrants to plan their next steps in advance. In order not to be refused, it is important for the applicant to know how to obtain a migrant certificate, where this can be done and what documents are needed. We'll talk about this next.

What social guarantees and pensions are provided to migrants in the Russian Federation?

Only this category of persons, forced migrants, as well as migrants from other countries applying for refugee or temporary asylum, can receive a migrant certificate while their request is being considered. All other residents of the Russian Federation who move within the country regardless of the reasons and are not forced migrants are required to undergo the most ordinary migration registration.

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Many foreigners can obtain Russian citizenship using a simplified procedure. To do this, for example, you need to take part in the Compatriot Resettlement Program: the project makes it possible to bypass quotas and become the owner of a residence permit in 3 years, and not in 5, as in the usual procedure. As for obtaining a pension, there are no concessions in this matter for either displaced persons or refugees. You can receive security only if you have been assigned the appropriate status and if you have registration in the Russian Federation.

How to obtain a migrant certificate for a child

ATTENTION!

Legal representatives are parents and adoptive parents (as confirmed by the child’s birth certificate), as well as guardians and trustees (as confirmed by the relevant decision on their appointment).

ATTENTION!

If the document does not contain a mark on the registration of the place of residence in the territory from which internal displacement is carried out, evidence is provided confirming the fact of residence in such territory on the date of the occurrence of the circumstances that caused internal displacement.

About the new law on citizenship of the Russian Federation - what changes in 2021

On December 28, 2021, the Federal Law on Amendments to the Citizenship Law was published. A document about which so much has been spoken and written in recent days. The changes take effect on March 29, 2021. All news feeds described this, at that time still a bill, with loud headlines such as “It will be easier for Ukrainians to obtain Russian citizenship , “It will be easier for Ukrainian citizens to obtain Russian citizenship , “Simplified acquisition of citizenship for residents of Donbass,” etc. Let's figure out what will change now. Based on the text of the officially published document, the following conclusions can be drawn:

In this context, compatriots are understood as participants in the compatriot resettlement program. From March 29, 2021, participants in the state program can apply for citizenship not only at the place of registration at the place of residence, but also at the place of stay, that is, according to migration registration. What does it mean? Previously, it was possible to apply for citizenship only if you had a certificate of participation in the state program, a temporary residence permit and registration under the temporary residence permit. Now it is not necessary to register under a temporary residence permit, and you can apply for citizenship with registration in hand (migration registration). And, it should be noted that for a number of compatriots this procedure will really make it easier to obtain citizenship, as it will reduce one stage of paperwork, which is undoubtedly good news. If you do not yet know what the resettlement program for compatriots is, you can find detailed and up-to-date information on obtaining Russian citizenship under the resettlement program at the link

Pensions for displaced people

Question : Good afternoon. My name is Yuri Nikolaevich. I am an immigrant from Kazakhstan of retirement age. Will I be paid a pension, and what changes are expected at my new place of residence?

Some Russian citizens of retirement age live outside its borders. Pension provision continues regardless of the fact of residence. Until 2021, payments to emigrants were made in the currency of the country where they actually reside. To do this, the pension authority converted rubles into foreign currency.

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Benefits of obtaining refugee status

What does the legality of residence in Moscow give to refugees? First of all, the legality of staying in the capital and within the Russian Federation. The visitor has the right to the following:

  • State social assistance.
  • Providing housing from a special housing stock.
  • Maternity benefit.
  • Assistance in travel and transportation of luggage to your place of residence.
  • Medical care and provision of medicines.
  • Vocational training and employment.
  • Assistance in opening a private enterprise.

Refugee status is valid for three years. During this time, the immigrant hands over his passport to the Main Directorate for Migration. In return, he receives an identity card - a certificate of temporary asylum on the territory of the Russian Federation. The “refugee passport” is similar to the general civil passport of the Russian Federation, but it is distinguished by its blue color.

To leave Moscow within the Russian Federation or to travel abroad, you must write an application to the migration service. In return, the government agency will issue a refugee travel pass.

Statistics show that Russia is the most friendly country for refugees from different countries

Responsibilities of refugees in Russia

Forced migrants are obliged to comply with the Constitution and general legislation of the Russian Federation. When moving to another district of Moscow or a region of the country, a refugee is required to withdraw from temporary registration and register at a new place of stay within seven days (weekends and holidays are not included in this period).

Every visitor, regardless of age, is required to undergo an annual medical examination established by the regulations of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs. If necessary, refugees will be provided with preventive medical care and vaccinations. After obtaining citizenship or expiration of the “refugee passport”, visitors are required to vacate the living space of a special housing stock.

The Cabinet of Ministers has changed the rules for obtaining certificates for migrants

Now minor children who have already received a passport of a citizen of Ukraine (that is, they are already 16 years old) can receive a special migrant certificate, regardless of whether they have registered housing. The main thing is that it is located in the Unified Information Database for Internally Displaced Persons.

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What payments are due to displaced persons from the ATO zone?

If we consider payments to a pensioner, then after he completes all the steps to register with the Pension Fund, the pension due to him will be transferred to the specified bank account. Moreover, he will be able to receive it next month. The pension fund will be obliged to transfer to him all the funds that he should have received after the termination of the pension payment. The amount is paid in full regardless of how much time has passed since the date the payments were stopped. To check the data, the Pension Fund sends a request for information about the status of the immigrant’s personal account at the previous address through the state database. Such a search for complications will not present any particular difficulties.

  • You can contact social security in person, or you can do it through an official representative if you can’t do it in person.
  • You can submit an application through an official of the organization that accommodates the migrants. This option can be used if displaced persons seek help from authorities that are involved in the work of the headquarters in the region.
  • Through employees of the housing and communal services at the place of residence of the displaced person.
  • Through authorized persons of village and town councils in accordance with the place of relocation and residence of the migrant.

To obtain a certificate, migrants need to submit a new application

last actual place of residence in the ATO zone. Previously, only the place of registration was noted; identification document. Previously, only passport details were required; presence or absence of housing and deposit; registration number of the taxpayer's account card.

The list of information about disabilities has also become significantly wider. Now it is necessary to indicate the causes and group of disability, nosological signs, the need for technical means of rehabilitation and sanatorium-resort treatment.

IDPs will be issued IDP certificates using a new form

Firstly, we included the ability to indicate data about any identification document, and not just a passport, as was the case before. In accordance with the Law of Ukraine “On the Unified State Demographic Register and Documents Confirming Citizenship of Ukraine, Identification of Personality or Its Special Status,” not only a passport is the document that proves identity.

OO It is noted that on February 21, 20017, Order of the Ministry of Social Policy of Ukraine dated December 27, 2020 No. 1610 “On approval of the application form for registration of an internally displaced person” came into force, which approved a new form of Application for registration of an internally displaced person. Ostrov reported this with reference to Donbass SOS.

09 Jun 2021 uristlaw 211

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The Verkhovna Rada abolished the indication of address in certificates of displaced persons

(Another version of my original)

The Verkhovna Rada voted to abolish the need to indicate information about the place of residence in the certificate of registration of an internally displaced person. Now migrants do not have to register with the migration service. However, this does not cancel the order of the Cabinet of Ministers, according to which displaced persons are still being checked by local social and security agencies, says the head of the Verkhovna Rada Committee on Human Rights, Grigory Nemyrya. IDPs complain that the state is everywhere violating their constitutional rights.

The Law of Ukraine “On freedom of movement and choice of place of residence” contains a list of documents that must necessarily indicate the place of residence. One of these documents was a migrant certificate. On March 23, 281 Verkhovna Rada deputies voted to remove the IDP certificate from this list. The advantage is that migrants no longer have to contact the migration service to get a stamp, says one of the authors of this bill, Chairman of the Verkhovna Rada Committee on Human Rights Grigory Nemyrya .

The new law does not repeal the act of the Cabinet of Ministers, according to which migrants are checked at home

However, this law does not repeal the current by-law of the Cabinet of Ministers, according to which local social and security agencies must still check where the migrant actually lives. And this is a discriminatory document, says Grigory Nemyrya: “This shamefully contradicts the law of Ukraine on the rights and freedoms of migrants. As the head of the Committee for the Protection of Human Rights, I have already written a letter about this to Prime Minister Groysman 3 times. Unfortunately, this resolution still exists; it discriminates against migrants compared to other citizens, including in freedom of resettlement.”

The fact that government employees go door to door and check on displaced people is only part of the discrimination, says Lesya Litvinova, . IDPs have limited rights also because they are deprived of social benefits until they receive a certificate in a new place, says the human rights activist.

Lesya Litvinova

“Our social payments are tightly tied to the migrant’s certificate. That is, a person who receives a child care benefit, a pension, a disability benefit and has a Donetsk or Luhansk registration, he cannot do anything without issuing a migrant certificate and without issuing a package of these “resettlement” 400 hryvnias,” says Litvinova .

Without a certificate indicating the place of residence, the migrant is deprived of all rights and becomes an ordinary visitor or tourist, says lawyer Natalya Tselovalnichenko . IDPs are deprived of the right to participate in elections, but before that they were at least formally part of the community of the city or village where they lived. Now they will not be able to prove their place of residence. Few people can buy their own home, so most do not have registration, says the lawyer.

How will a migrant without an address on the certificate prove his rights to participate in the life of the community?

“If it turns out that this document does not confirm anything else, except that the person is an IDP, then the question arises of how a person will be able to prove his rights when communicating with local government bodies, deputies. How to prove that you have rights in this community? This is not a positive change,” says Natalya Tselovalnichenko.

Natalia Tselovalnichenko

There have already been cases of forceful eviction in places where migrants live densely, for example, in the Dzherelo sanatorium. Then a group of “titushki” tried to drive the displaced people out onto the street. It is still unclear how the displaced will prove their place of residence under the new law, lawyers say. Deputies also passed a law obliging the owners of boarding houses and sanatoriums where displaced persons live to charge them for utility bills not at commercial rates, but at lower rates, as for the rest of the population.

(Radio Liberty published this material as part of a special project for residents of the occupied part of Donbass)

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