general information
Russian legislation fairly strictly regulated the procedure for foreigners staying on the territory of the Russian Federation. If a person violates even one point, he faces deportation.
Therefore, a foreigner who has a temporary residence permit must not allow it to be revoked.
Main reasons for cancellation
There are the following grounds for cancellation of a temporary residence permit:
- Long stay outside Russian borders.
- Residence and work activities other than where the permit was obtained.
- Delay in filing annual notice.
The maximum permissible period of stay outside Russia is 180 days from the date of issue of the permit. Delay of even 24 hours is not allowed.
The resulting document relates to a specific area. It is possible to change your place of employment. But to do this, you will first need to contact “your” UVM department with a corresponding application.
What do you need to know to avoid having your temporary residence permit cancelled? More details in the video.
The annual notification confirming residence under a temporary residence permit must be submitted in a timely manner.
Other factors
There are other reasons for canceling a temporary residence permit. This happens when a foreigner:
- Deprived of parental rights in relation to a Russian child.
- Officially recognized as persona non grata.
- He enters into a fictitious marriage with a Russian, and this was revealed in court.
- Left the Russian Federation for the purpose of living in another state.
- Has no legal source of funding.
- More than 2 times in 12 months. was brought to administrative responsibility.
- He was tried by a Russian court.
- Accused of committing a serious offence.
- Provided incorrect data or fake certificates.
- Associated with terrorist organizations banned on Russian territory.
- It poses a serious threat to the security of the Russian Federation.
By your own decision
A foreigner may apply for cancellation of a temporary residence permit by his own decision. To do this, he will need to contact “his” department of the Federal Migration Service with the appropriate application.
Reasons and grounds for cancellation of temporary residence permit in the Russian Federation
Cancellation of a temporary residence permit can be caused by a variety of reasons, including temporary residence permits can be canceled both for administrative offenses and for violation of migration legislation.
However, in this part of the article we will dwell in more detail on the most common grounds for canceling a temporary residence permit of a foreign citizen.
The most common reasons for cancellation of a temporary residence permit in the Russian Federation
- A temporary residence permit may be revoked if a foreign citizen has been outside the Russian Federation for too long. In accordance with the legislation of the Russian Federation, foreigners with a temporary residence permit can travel outside the Russian Federation for no more than 180 days per year from the date of issue of the temporary residence permit. If a foreigner stays outside the borders of the Russian Federation even for 1 day longer than required, his temporary residence permit will be revoked.
- Cancellation of a temporary residence permit for a foreign citizen awaits if he lives and works in a region other than the one where the document was received. That is, for example, if a foreigner lives and works in St. Petersburg, and a temporary residence permit was issued in Moscow, he will face cancellation of his temporary residence permit in Russia. Important!
A foreigner can change his place of residence upon request to the FMS, where he will need to submit an application indicating the reason for the change of residence. - A temporary residence permit can also be canceled if a foreign citizen has not submitted an annual notification of confirmation of residence under a temporary residence permit or has violated the submission deadlines.
Temporary residence permits may also be revoked in the following cases:
- If a foreign citizen advocates a violent change in the foundations of the constitutional system of the Russian Federation and threatens the security of the country or its citizens, then his temporary residence permit may be cancelled.
- Also, the revocation of a temporary residence permit applies to foreign citizens who finance or promote extremist activities.
- A temporary residence permit may be revoked if a foreign citizen has provided forged documents or knowingly false information.
- Cancellation of a temporary residence permit also awaits a foreigner if he has been convicted of committing a serious or especially serious crime.
- Cancellation of a temporary residence permit for a foreign citizen also awaits for an outstanding or unexpunged conviction for committing a serious crime in Russia or abroad.
- If a foreign citizen has been brought to administrative responsibility more than 2 times during the year for violating the regime of stay in the Russian Federation, he will be subject to cancellation of the temporary residence permit.
- A temporary residence permit can also be canceled if a foreign citizen has not worked or received income for 180 days, or does not have enough funds to support himself and his family.
- If a foreign citizen leaves Russia for permanent residence in another state, his temporary residence permit will be cancelled.
- Also, the cancellation of a temporary residence permit awaits a foreign citizen who has been outside the Russian Federation for more than 6 months
- The temporary residence permit is canceled if the court invalidates the marriage of a foreigner with a citizen of the Russian Federation, which served as the basis for obtaining a temporary residence permit.
- A temporary residence permit can also be canceled if a foreign citizen arrived in Russia in a manner that does not require a visa and did not provide the necessary documents within the prescribed period.
- A temporary residence permit is canceled if, in accordance with the established procedure, a decision is made that the stay of a foreign citizen in the Russian Federation is undesirable.
- A temporary residence permit may be canceled if a foreign citizen was transferred by a foreign state to the Russian Federation in accordance with the international treaty of the Russian Federation on readmission.
- A temporary residence permit is canceled if a foreign citizen, by a court decision, was deprived of parental rights or limited in parental rights in relation to a child who is a citizen of the Russian Federation.
A complete list of grounds for revocation of a temporary residence permit can be found in Federal Law No. 110.
Cancellation procedure
In 2021, cancellation follows the standard procedure. Federal Law 115 contains rules for cancellation .
The decision is made by the Migration Service of the Russian Federation. The applicant is notified of this decision within 72 hours.
If the temporary residence was declared invalid, the foreigner’s passport will be stamped “Cancelled”. If the permit was issued in the form of a certificate, it will be confiscated by service employees. In return, the foreign person is issued a special certificate with a photo, or a visa marked TP1.
The violating migrant undertakes to leave Russia within the specified period. If this does not happen, a decision is made to deport him.
What is RVP
This is a stamp that is placed in the passport of a foreign citizen. It contains his full name, date and place of birth, citizenship, number, validity period and the department of the Ministry of Internal Affairs of the Ministry of Internal Affairs to which it was issued. To receive it, you need to collect a package of documents and write an application according to the form. How to do this correctly is described in this article.
This is what the RVP looks like.
Stateless persons are issued a special certificate indicating that they have a temporary residence permit.
How to check a temporary residence permit online? There is a separate article about this.
This permit cannot be extended, but after receiving it, you can apply for a residence permit. It can already be extended an unlimited number of times. Or then apply for Russian citizenship.
Benefits of Personal Refusal
Personal refusal has many advantages. First of all, the foreigner who wrote the application does not face any consequences - neither sanctions nor fines.
The application is quite simple to complete. It must be submitted at the place where the temporary permit was obtained.
What to write in the application
The petition is drawn up in free form. It is written in the name of the head of the territorial Federal Migration Service. It will be necessary to indicate the name of the territorial body.
In the application itself, the applicant asks to be deregistered and to have his temporary residence permit in the Russian Federation revoked. The reason is leaving for their homeland.
Next, indicate the number of the temporary residence permit, the date of the decision and the validity period.
Find out about cancellation
In order to clarify whether cancellation has occurred, a foreign person will need to contact the place where this certificate was received.
You can also ask for clarification from another UVM department. You must have an identification document with you . A UVM employee will check the database and then provide an answer.
Cancellation at personal request
Russian legislation does not prescribe a procedure for a foreigner to voluntarily refuse a permit, but it is allowed to cancel it if such a desire arises.
Alternatively, you can achieve automatic cancellation, for example, by violating the regime of stay in Russia or the current legislation. But along with cancellation, sanctions may be applied to a person, such as various types of liability or a ban on entry into Russia.
Therefore, it is best to do this by simply writing an application to the FMS.
For information: the application can be written in free form.
Watch the video about what you need to know to avoid having your temporary residence permit cancelled.
What to do next
The foreign person must be informed by service employees about what to do after receiving the relevant notification.
When a temporary residence permit on the territory of the Russian Federation is revoked, the person undertakes to leave the country within 15 calendar days.
Further stay on Russian territory is considered illegal.
But if a foreigner believes that the temporary residence permit was canceled unlawfully, then he has the right to protest it. This should also be done within 15 days. The petition is submitted to the head of the territorial branch of the migration service.
But first of all, the foreigner undertakes to find out for what reason the validity of the residence permit was revoked. The reason may not be provided for by Russian legislation.
If no violations are found, then the foreign person will need to collect all originals and photocopies of documents that can prove his case.
In the petition, the applicant clearly and concisely sets out his arguments. All collected certificates are attached to the application. You should not delay your appeal to the Main Department of Internal Affairs. This needs to be done as soon as possible.
Sometimes the authority is not able to respond within the prescribed period. In this case, the foreigner undertakes to immediately leave Russia.
The legislation of the Russian Federation states that all written requests are considered within 1 month. from the moment of registration of the application.
You should also know what not to do. If a person’s temporary residence permit has been revoked, he should not try to hide from the authorities or change his place of residence. They will still find him and apply strict sanctions.
How it happens
The procedure for canceling a temporary residence permit is prescribed in Federal Law No. 115. In the event that migration service employees find out that there are reasons established by law, they will cancel the permit .
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Before this, FMS employees check the information by sending requests to other government agencies or talking with witnesses. The head of the FMS approves the decision.
In the next three days, FMS employees must send a notification to the foreigner. This period is given to a citizen to appeal the revocation of a temporary residence permit. The notice must be delivered in person; it can also be sent by postal service or e-mail. Telephone calls are not applicable for such alerts. To confirm the cancellation of the permit, an entry “cancelled” is made in the foreigner’s identity document.
If the temporary residence permit was issued as a separate document, migration service employees will confiscate it. The citizen is provided with a certificate with a photo or a visa with the TP1 mark. If a foreigner does not leave Russia within the prescribed period, he will be expelled.
Where to find out
To ensure that the temporary residence permit is cancelled, the migrant needs to come to the nearby branch of the Federal Migration Service. To do this, you will need an identification document and an application to verify the cancellation of the permit. The FMS employee checks the document data in the database, checks whether the photo and signature are genuine, and answers the foreigner’s question about the status of the temporary residence permit .
Consequences
When the temporary residence permit ceases to be valid, the foreigner has fifteen days to leave Russia . His subsequent presence in the Russian Federation after the expiration of the established period will be illegal.
Sequence of appeal
After the cancellation of a temporary residence permit, a foreigner has the right to appeal against actions that seem unlawful to him. To do this, he will need to contact:
- court;
- higher authority in relation to the department that made the decision.
If an appeal to the employees of the Main Directorate of Internal Affairs of the Ministry of Internal Affairs does not bear fruit, then it is recommended to immediately file a corresponding application with the court. Considering that by this time the legal 15 days may have expired, it is advisable to enlist the support of a legal representative.
During the consideration of the application, the period of stay of the applicant on Russian territory may be extended.
It is best to entrust an appeal to a highly qualified lawyer. It is almost impossible to resolve the issue on your own.
The appeal may not be upheld. In this case, the foreigner undertakes to leave Russian territory. A new attempt to obtain a temporary residence permit can be made only after 1 year.
Restoring permission
Various situations are possible in life. A citizen with temporary resident status may lose a temporary residence permit or a foreign passport with a mark from the migration service. What to do if you have lost your temporary residence permit? There is only one answer to this question: you should contact the Migration Office that issued the permit. Before preparing an application, you must obtain a certificate from the police about the loss of the identification document and contact the consular department for its restoration.
UVM employees will put a mark in the new passport based on the available data. Citizens interested in quick registration are wondering how much a temporary residence permit costs. It should be understood that the purchase of any documents is illegal. Only units of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of the Russian Federation are responsible for issuing temporary residence permits. The migrant will only have to pay a state fee of 1,600 rubles (the amount is valid for 2021).
Recovery procedure
The decision to cancel a temporary residence permit in Russia is rarely declared invalid. After this, the foreigner undertakes to obtain an updated temporary residence permit. The restoration procedure is not as tedious as receiving the first temporary residence permit. There is no need to collect all the certificates again. There is also no need to resubmit your fingerprints. No medical examination required.
In order to begin the resuscitation procedure, you must have with you:
- identification document;
- a decision made by a court;
- petition for resuscitation of status.
A new stamp is placed in the migrant’s passport by employees of the Main Directorate for Internal Affairs of the Ministry of Internal Affairs within 72 hours. He is also issued a new certificate.
What not to do when applying for a temporary residence permit? Necessary information in the video.
The validity period of the restored document does not begin again. The calculation of a temporary residence permit continues from the moment of its resuscitation.
What other situations provoke the cancellation of a temporary residence permit?
- Committing criminal offenses. The permit is revoked in cases where a person has violated the law under articles for serious and especially serious crimes, as well as drug trafficking.
- The Migration Service may decide to cancel the status of a temporary resident if the citizen has an outstanding or unexpunged conviction for articles related to serious and especially serious crimes.
- Planning coups d'etat and attempts to undermine the constitutional order are grounds for revocation of legal status.
- When it turns out that a foreigner is in any way involved in terrorism (organizes, sponsors, etc.), the permit is revoked.
- Providing fictitious documents or false data will result in cancellation.
- Cancellation cannot be avoided in situations where the permit holder has gone to live in another state.
- If a migrant was registered by marriage, but the court declared his union with a citizen of the Russian Federation invalid, then the temporary residence permit will certainly be cancelled.
- Drug addicts and people who do not present a Certificate of HIV Absence are deprived of their residence status.
- A migrant who has a history of expulsion and deportation from the Russian Federation can also be left without a temporary residence permit.
Refusal of temporary residence permit on the initiative of a foreign citizen
Cancellation of a temporary residence permit in Russia at one’s own request is not officially provided for by law. However, in fact, such a procedure is possible.
Of course, a migrant can specifically commit a criminal or administrative offense, then, along with the loss of the temporary residence permit, he will receive deportation and punishment in the form of a fine or imprisonment. You should not use such methods; it is better to contact the Main Department of Migration Affairs of the Ministry of Internal Affairs at the place of temporary registration with an application to refuse the temporary residence permit on your own initiative.
How to submit an application
An application for cancellation of a temporary residence permit is a written refusal by a visitor to use a temporary residence permit, drawn up in any form. There are no special government forms for this procedure.
A sample application for cancellation of a temporary residence permit looks like this:
