How to transfer a temporary residence permit to another region

What is RVP?

A temporary residence permit (TRP) is a document that allows a foreign citizen to reside in the territory of a specific subject for a certain period of time for which it was issued.

In the usual manner, permission is issued based on a quota, but there are categories of citizens who have the right to it without taking into account quotas established by regions:

• Those born in the USSR or having USSR citizenship in the past.
• Parents whose children live in Russia and are disabled or incompetent, or do not have such restrictions.
• Foreign military personnel.
• Investors who invest money in certain business niches or scientific activities in the amount determined by the Government of the Russian Federation.

A temporary residence permit must be issued within 90 calendar days after crossing the state border, while foreigners have the right to stay in the Russian Federation with a migration card. In the absence of permission, they are subject to administrative liability and deportation from the country.

What does RVP give:

• Legal residence in the Russian Federation for three years.
• Receiving free medical care.
• Opportunity for official employment.

It is recommended to submit documents for a permit immediately after arriving in Russia, because Difficulties may arise during the registration process and you need to complete the procedure before the expiration date of the migration card, otherwise you will have to leave.

Cancellation of temporary residence permit

In order not to bring the situation to a critical point, when further stay in the Russian Federation becomes impossible, you need to know the main reasons that can cancel the temporary residence permit:

• providing false documents;
• sentencing for a serious crime;
• a small income that does not allow you to support yourself and your dependents;
• fictitious marriage;
• violation of the procedure for entry into the Russian Federation or stay on its territory.

The decision to cancel is made by the migration service: within three days after its adoption, it is obliged to notify the migrant that his permit is no longer valid and he must leave Russia.

We invite you to find out all the details of how a temporary residence permit is cancelled.

Legislation

At the legislative level, the specifics of assigning temporary residence permits are regulated by the Federal Law “On the Legal Status of Foreign Citizens” No. 115-FZ:

Legal standards used

Federal Law No. 115-FZ “On the legal status of foreign persons...” indicates that anyone residing on the basis of a temporary residence permit on the territory of Russia does not have the right to move or carry out permanent legal work activities outside the region of the Russian Federation in which the migration authorities have granted him temporary residence under the national quota (clause 5 of Article 13).

Paragraph two of Article 1 notes that, in this case, a foreigner who is on Russian territory on the basis of a temporary residence permit can work without hindrance in any of the municipalities within the subject chosen for resettlement to the Russian Federation. The place of residence is also determined by him independently, if we are talking about a specific region of Russia. For example, having registered in the Moscow region, a person is allowed to move from Kolomna to Orekhovo-Zuevo, and no sanctions will follow for this action.

Is it possible to transfer a temporary residence permit to another region of Russia in 2021?

Transfer of temporary residence permit is not only possible, but also necessary if a foreign citizen wishes to move to another region. Violation of this requirement entails prosecution under Art. 18.8 Code of Administrative Offenses of the Russian Federation :

• Violation of the rules of residence - a fine from 2,000 to 5,000 rubles. with or without expulsion.
• Lack of documents confirming the right to reside in the Russian Federation - a similar fine and deportation.

It is for the above reasons that it is necessary to promptly apply for a translation of the temporary residence permit, otherwise employees of the Department of Internal Affairs of the Ministry of Internal Affairs may apply sanctions independently or with the help of other government agencies.

Employment with temporary residence permit

One of the significant restrictions imposed by a temporary residence permit on its owner is the need to apply to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs for permission to change his place of residence. This means a ban on employment outside the region in which the permit was issued. For example, a foreigner received it in the region in which he originally arrived, then the migrant, as required by law, registered for three years with a temporary residence permit. But there was no suitable work for him there, but there is one in another area. Or there may be a job, but in a region different from his place of residence, there are offers with much more favorable conditions.

In this case, it is impossible to simply pick up and move, as in most cases a Russian citizen would do: this would be a violation fraught with consequences. Moreover, you can’t even just go to work in a neighboring region, as many people in the Russian Federation often do.

There are other restrictions regarding the employment of foreigners, regardless of their status.

We recommend that you study in detail where you can work under temporary residence permits.

Change of place of residence

Whatever the reason that prompted the holder of a temporary residence permit to change the region of residence, the algorithm of actions for him will be the same. The condition for obtaining approval of his plans at the Department of Internal Affairs of the Ministry of Internal Affairs will be that the arguments in favor of the move are recognized as valid.

These could be, for example:

• the presence of close relatives in the region of future residence, especially if they need care;
• purchasing housing there;
• health problems - provided that a specific disease is treated better in another region (for example, there is a specialized clinic with unique specialists, treatment methods, etc.);
• availability of a specific job offer;
• other family and personal circumstances.

However, the final decision will depend on the personal discretion of the migration official, although you can try to appeal the refusal to a higher authority or court.

Anyone who is concerned with the question of how to transfer temporary residence permits from one region to another must understand that no one will take his word for it. All circumstances that he plans to refer to in the application must be confirmed by documents.

How to obtain a temporary residence permit in another region by transfer?

To process a transfer of temporary residence permit, you need to perform several steps:

1. Visit the Department of Internal Affairs of the Ministry of Internal Affairs and write a statement, indicating in it what was the reason for the move. This could be close relatives staying in another region, buying an apartment, or finding a suitable job in another city.
2. If the answer is positive, the application is marked with a resolution from the head of the Department of Internal Affairs, and the foreign citizen’s documents are sent to another region where he plans to move. The person is deregistered from the old place of residence.
3. After moving, the foreign national registers at his place of residence and contacts the local Department of Migration Affairs to change the information in the permit. This must be done within 7 days of arrival.

Important! If a citizen cannot register in a premises intended for residence, he can register at the place of stay. Here, a part of the notification form remains on hand, intended for tearing off and containing the UVM mark.

Example No. 1: transfer of temporary residence permit to another region

Citizen of Ukraine Lyashkov V.G. lived in Voronezh. During a business trip to Moscow, he met the director of an LLC, who offered him a well-paid job with a more convenient schedule. In this regard, a decision was made to transfer, and the potential employer sent the current manager a corresponding notice. After approval Lyashkov V.G. moved to the capital, having prepared in advance the transfer of temporary residence permit in connection with the move due to employment.

List of documents

• The applicant’s documents are examined at the local department of the Internal Affairs Directorate of the Ministry of Internal Affairs. Based on the results of the consideration, a reasoned decision of the commission is made on consent or refusal to change the place of residence. The decision is made in writing and sent to the applicant within three working days.
• If approved, the migrant is invited to the migration service and, upon signature, becomes familiar with the obligation to register at the new place of residence. Upon arrival at a new place, a new temporary registration stamp is placed in the foreigner’s passport, the validity period of which will correspond to the one issued initially.

Within the limits of his powers, the head of the territorial department of the Ministry of Internal Affairs makes a decision on the resettlement of a migrant to another region of the country and issues a resolution on the migrant’s application. The foreign citizen receives a response either by post or another means of transmitting information.

If the decision turns out to be negative, that is, according to the decision of the head of the territorial body of the Department of Migration, the grounds in the application are not sufficient to change the region, then the foreign citizen can appeal this decision to a higher authority or judicial body.

If the resolution on the application is positive, then the migrant’s registration file will be immediately transferred to the subject of the Russian Federation chosen by the applicant, or upon arrival at a new place of residence, the foreigner will contact the Department of Internal Affairs of the Ministry of Internal Affairs and a request will be made where the migrant previously lived. A citizen is obliged to deregister within 7 days and register at a new temporary residence address. The temporary registration stamp is placed next to the temporary residence permit mark.

Since there is no regulatory framework regulating the movement of migrants temporarily residing within Russia to other regions, bureaucratic delays can often arise. It is best to seek advice from experienced lawyers in the field of migration law.

Documentation

To carry out the procedure for transferring a temporary residence permit, you will need the following documents:

If a foreigner is a participant in the State Program for the Resettlement of Citizens, a certificate of participation will be required.

How is a permit re-registered to another area?

It is more convenient to carry out the re-registration procedure in the entity that issued the permit. But it is not prohibited to contact the authorities at the place of future residence. Re-registration occurs according to the following scheme. You have to write an application. The form is issued by the inspector of the Migration Department of the Ministry of Internal Affairs. Fill out an application in free form. In this case, you must indicate the reasons for changing your city of residence. Please attach all documents confirming the reasons for moving to your application. For example, your spouse lives in another subject of the Russian Federation. Then you should present your husband/wife’s passport and marriage certificate. It is also necessary to prepare a package of documents. The composition of papers may differ in different places. Usually they request a notarized translation of a passport, documents for the right to use residential premises, Taxpayer Identification Number (TIN), notification of confirmation of residence (if it has already been done). Employees of the Ministry of Internal Affairs will consider the application and send a response in writing. If the decision is positive, you need to deregister. Upon arrival, you must register at your new place of residence. Seven days are given for this. When changing the subject, the permit period does not change.

FAQ

Question No. 1. For how long is a temporary residence permit issued when transferring to another region?

The maximum validity period of the permit is 3 years, after which it is necessary to obtain a residence permit.

Question No. 2. Are there categories of citizens who can obtain a residence permit without applying for a temporary residence permit?

Yes, I have. These include citizens of Belarus, highly qualified specialists, native speakers of Russian and other foreigners who have the right to preferential registration of a residence permit in accordance with the law.

TRP for marriage: can it be issued at a location other than the spouse’s place of residence?

Being married to a citizen of the Russian Federation is a circumstance that allows you to obtain a temporary residence permit without a quota. Many foreign citizens believe that it is enough to just enter into such a marriage, and a temporary residence permit can be obtained without problems and without delay. However, in practice, the process has many pitfalls, without knowledge of which you can be left without the desired status.

Can the migration service refuse to accept an application and documents for a temporary residence permit if the foreign citizen-applicant is married to a citizen of the Russian Federation? Is it possible to submit documents at the place of registration of a foreign citizen? What should you do if the inspector sends you to register at the place of residence of your spouse, a citizen of the Russian Federation? What is written in the laws?

The issue of obtaining a temporary residence permit if the spouse is a citizen of the Russian Federation is an issue in which foreign citizens are very often confused.

Let's consider the situation. A foreign citizen marries a citizen of the Russian Federation. A citizen of the Russian Federation is registered in one region, a foreign citizen is temporarily registered or registered with migration authorities in another region. Question: where do I need to submit documents for a temporary residence permit, where to apply, in what region, to which migration center and to which division of the migration service?

In many cases, employees of the same migration service take advantage of this ignorance and claim that foreign citizens can only submit documents in the region where their spouse is registered. Many foreign citizens believe the words of such workers and go to the region where the spouse is registered. However, this is not always convenient for applicants. In many cases this is simply not necessary. So how are things going in reality? How is all this spelled out in the current legislation?

In reality and in current legislation, everything is quite simple. The law establishes only one limitation: the right to a simplified registration of a temporary residence permit arises for the foreign citizen who has married a citizen of the Russian Federation. At the same time, a citizen of the Russian Federation must actually be a citizen of the Russian Federation and permanently reside on the territory of the Russian Federation, which implies that he has that very permanent registration, or, in everyday language, the presence of a residence permit. If these conditions are met, then the legislation does not contain any other criteria, requirements and obligations in relation to either a foreign citizen or a citizen of the Russian Federation.

Thus, when a foreign citizen goes to apply for a temporary residence permit, the only thing that should be guided by is the understanding that it is in the region where the foreign citizen is registered with the migration authorities that he has the right to issue his temporary temporary residence permit. The migration service has no right to redirect the applicant to other regions.

On the other hand, a foreign citizen has the right to demand a refusal from the migration service if his documents are not accepted and he is sent to the place of residence of his spouse.

The current legislation does not establish a requirement to submit documents at the place of registration of a spouse who is a citizen of the Russian Federation. The law clearly defines that a spouse who is a citizen of the Russian Federation, in addition to citizenship, must only have a place of permanent residence in Russia. And at the same time, a spouse who is a foreign citizen has the right to apply for a temporary residence permit in the same region in which he is registered for migration (registered at the place of temporary or permanent residence).

For example, a citizen of Ukraine who is registered and registered for migration in the city of Moscow, and her husband is registered in Vladivostok, but also lives in Moscow, and who was refused at the migration center located in Sakharov to accept documents for a temporary residence permit. The migration center workers tried to send the spouse to the place of permanent registration of the spouse, that is, to Vladivostok. The repeated insistent request to issue a written refusal to accept the documents initially caused, naturally, indignation on the part of the employees, and then, in fact, the acceptance of those same documents took place, and the registration went on as usual.

There are similar cases throughout Russia in many regions, but persistence and knowledge of the law by a foreign citizen make it possible to overcome and put everything on a normal legal footing. So know your rights and act correctly!

Most common mistakes

Mistake #1. You don’t have to transfer the temporary residence permit, but live under the old permit in another region.

No, this is an administrative offense. Permission is issued only for residence in a specific entity.

Mistake #2. When translating a temporary residence permit, the validity period of the old document continues to be calculated.

No. In fact, translation means drawing up a new document.

Example No. 2: calculating the validity period of a temporary residence permit

Citizen Almazov S.E. lived in Russia on the basis of a temporary residence permit for 1.5 years. He subsequently married a woman living in another region. So, if the old permit was valid for one and a half years, the period is interrupted. When moving, a new temporary residence permit will be valid, and the calculation will begin from the date indicated in it. In total, without extension or registration of a residence permit Almazov S.E. will stay in the Russian Federation for 4.5 years.

“The basis for refusal to transfer a temporary residence permit may be the presence of an outstanding criminal record, the provision of an incomplete set of documents, the identification of facts of agitation for violence and other reasons specified in Art. 7 Federal Law No. 115. In order for the procedure to proceed as quickly as possible, it is recommended to clarify in advance the necessary documents and step-by-step actions directly with the Department of Internal Affairs of the Ministry of Internal Affairs, because they may differ in different regions"

Iskenderov E.E., lawyer

Example No. 3: refusal to transfer a temporary residence permit

Citizen of Belarus Shmatko I.K. lives in Moscow. He wanted to move to St. Petersburg, so he turned to the migration department of the northern capital to obtain a temporary residence permit for a new location. He was refused because he does not have real estate where he could register, and there are also no grounds for transfer.

Is it possible to extend the temporary residence permit?

The legalization process in the Russian Federation has several stages. Before a migrant receives a temporary residence permit, he must legally cross the border, fill out a migration card (for visa-free countries), and register at his place of stay.

Those who intend to stay in Russia for a longer period, and even more so to get a job, will have to move on to the stage of obtaining a temporary residence permit, without forgetting to think about the near future in advance. This is especially important in light of the fact that a temporary residence permit is issued for only 3 years. There is no possibility of extension.

This means that after the expiration of the established period, the foreign migrant must either leave the Russian Federation or provide a new document for the right of further residence - this time in the form of a residence permit. You need to take care of obtaining the latter no later than six months before the legitimacy of the temporary residence permit expires.