Why are Russian temporary residence permits and residence permits denied?

Reasons and grounds for refusal

There are a lot of rumors about what the reasons for the refusal may be, and it is also believed that a temporary residence permit may be denied if there is no permanent registration, etc.
The grounds for refusal to provide a temporary residence permit may be the following: - the presence of diseases that pose a danger to the people around him (HIV, tuberculosis and others); — a history of expulsion from the country due to constant violation of the rules of conduct for foreigners; — having a relationship with terrorist organizations or their financing; — provision of false documents for consideration for obtaining a residence permit. Another common reason is that it has to do with having a criminal record for a particularly serious crime and provided that it has not yet been expunged. This may also be the reason that the temporary residence permit will be canceled and then it is necessary to leave the country, and not look for answers to the question of what to do and what to do, since there are no legal ways to solve such problems. The list also includes the presence of drug addiction, late submission of documents (30 days), as well as departure from the Russian Federation for at least 6 months, in which case cancellation will be automatic.

Reasons for cancellation of temporary residence permit in the Russian Federation

There are quite a few reasons for a temporary residence permit to be invalidated. However, among them it is worth highlighting those that are the most common. Such actions are largely committed out of ignorance or incorrect timing, for these reasons it is necessary to pay attention to them.

The most common reasons for cancellation of a temporary residence permit

So, most often it is canceled if:

• You have been outside the Russian Federation for a long time. The maximum period is 180 days from the moment the permit was issued. Even a delay of one day will be fatal;
• You work and live in a place other than where the document was received. This is region specific. You need to change your place of work and residence only with an application to the Department of Internal Affairs;
• You have not submitted the annual notification, which must confirm your residence under the temporary residence permit. This clause also applies to late submission of notification.

Compliance with the deadlines will be the key to legal residence without cancellation of the permit.

Why else can a temporary residence permit be cancelled?

Other reasons are less common, but ignorance of them does not mean the absence of cancellation if:

• You threaten the security of the country or its citizens;
• You financially help banned organizations conducting extremist activities;
• You provided false documents or data when registering a temporary residence permit;
• You have committed a serious or especially serious crime under current legislation;
• You have an unexpunged criminal record, and it can be both on the territory of the Russian Federation and abroad;
• You were brought to administrative responsibility more than twice in a year;
• You have not worked or received official income for more than one hundred and eighty days, or you do not have a means of subsistence;
• You left Russia for another country to live;
• The marriage you had with a citizen of the Russian Federation will be recognized by the court as fictitious or invalid;
• Your stay in Russia will be officially recognized as undesirable;
• You have been deprived of parental rights or limited in them in relation to a child who has Russian citizenship.

You can always see the complete list with additional explanations in Federal Law No. 110.

How to appeal a refusal

It is required to send an application to the court or to the executive authorities. The law sets the appeal period at 3 days from the moment the written refusal was received. During the consideration of the case, the migrant has a legal basis for staying in the country, but a negative decision will indicate the need to leave within three days.

What to do if you have been refused a temporary residence permit or quota

In the event that the issuance of a temporary residence permit was refused for one of the reasons listed above (if it really exists), it will not be possible to challenge the actions of the inspector of the registration authority.

If you believe that the decision to refuse was unlawful and the reason for the refusal was far-fetched, you can appeal it to a higher department of the Ministry of Internal Affairs or in court. The complaint must be filed within three working days from the date of the decision to refuse to issue a temporary residence permit (Clause 4, Article 7 of Federal Law No. 115). There is no need to leave the country while the complaint is being considered - the legislator grants foreigners the right to temporarily stay in the country for the entire duration of the supervisory authority’s work with the complaint submitted to it.

If the issuance of a temporary residence permit was refused due to the exhaustion of the quota, try to obtain permission in another region of Russia - perhaps the quota is still open there.

Refusal to a participant in the state program for the resettlement of compatriots

Cancellation of the certificate of a participant in the state resettlement program, as well as obtaining a voluntary renunciation of such status, the departure of someone who takes part in the program and his family to another region for permanent residence earlier than a couple of years from the moment of entry into Russia, causes unpleasant consequences. This includes the return of previously issued lifting tickets, costs for transporting things, paperwork, etc. A compatriot has the legal right to refuse participation in the program or to renounce his status as a family member of a program participant at any time. This issue is resolved with the participation of representatives of the FMS.

Why can a permit or residence permit be revoked?

There are a number of reasons for this:

• threat to the security of citizens or the state;
• provision of false documents and other information that does not correspond to reality;
• extremism, terrorism;
• having a criminal record;
• verdict in a criminal case;
• deportation;
• more than two administrative violations;
• left Russia and permanently resides in the territory of another state, while applying for documents to reside in the Russian Federation;
• was in another country for more than 183 days;
• there is no housing;
• no means of subsistence;
• infection with a dangerous infection, HIV, drug addiction;
• lack of notification of confirmation of residence;
• the entry of this person into the territory of the Russian Federation is prohibited or undesirable;
• himself filed an application for annulment;
• entered into a fictitious marriage.

In addition to these relatively common cases, there are special reasons for refusing to receive these documents or declaring them invalid:

• cancellation of the residence permit of a Russian-speaking citizen of the country;
• cancellation of a residence permit from a highly qualified specialist;
• cancellation of documents of participants in the resettlement program;
• deported from the Crimean Autonomous Soviet Socialist Republic.

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With the exception of voluntary renunciation of residence and relevant documents, all reasons for their cancellation are forced.

Cancellation and denial of issuance based on security risk

Citizens of other states who have applied for a temporary residence permit or temporary residence permit undergo a thorough check of records and databases, including those of security services. If there is a note that a given citizen poses a threat to the residents of the Russian Federation or the security of the country itself, documents are not issued or extended.

This is a rather rare case for refusal, since posing a threat to the country is a reason for not issuing an entry permit - such people simply cannot enter Russia.

Terrorism and extremism, as well as support for such phenomena

If a foreigner is observed in such activities before submitting an application for the issuance of documents, it will be denied. If prohibited activities begin after they are received, they will be considered invalid.

At the same time, not only those organizations that call for violence are recognized as prohibited in the Russian Federation, but also some religious ones. The basis for non-issuance of a permit or residence permit is attending events of such organizations, making donations in their favor; these actions are equated to participation in extremist organizations.

Deportation, expulsion, readmission

After them, entry into Russia is prohibited for a period of 5 years. If this fact is revealed, temporary residence permits and residence permits will not be issued. If a person is deported from the Russian Federation again, entry is prohibited for 10 years.

The fact of deportation comes up when checking in the databases of the Ministry of Internal Affairs, so it will not be possible to hide it.

Providing false data, forged documents

This is the most common reason for refusal. The fact is that the interpretation of the concept of “false data” is very broad. You can rightly refuse a residence permit to a foreigner who participated in a terrorist group, and then changed his name and entered the Russian Federation under it, or you can refuse to issue a document to a law-abiding person who simply does not remember the address at which he lived in the country several years ago.

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There can be two formulations: knowingly forged documents and knowingly false information. The first ones are most often fake migration cards and migration records, checks for payment of patents. The second is an incorrectly indicated residential address, place and period of work.

If you applied for a residence permit or temporary residence permit and were denied on this basis, and you provided the correct information and correct documents, you can appeal this decision in court. Often such cases end successfully: the court cancels the refusal if the data was provided incorrectly. But if, for example, you purchased a migration card, it is unlikely that you will be allowed into the country in the end.

Sentence in a criminal case

If a citizen was brought to court on criminal charges and the verdict came into force, his entry into the Russian Federation will be impossible. This refers to grave and especially grave crimes. If the necessary document is received, and the crime is committed after that, it is canceled.

Those accused of trafficking in any drugs are prohibited from entering Russia.

Administrative violations

Non-issuance or cancellation of the validity of a temporary residence permit/residence permit is carried out if a foreign citizen on the territory of the Russian Federation is found to have committed the following violations:

• propaganda, advertising, drug use
• violations during work activities
• evasion of filing a notice of extension, violation of the stay regime
• hooliganism, participation in unauthorized rallies, demonstration of prohibited symbols

What to do if you are denied temporary residence permit and quota

You can submit an application for recognition of native speakers of the Russian language to a special commission that deals with recognition. A positive decision of the commission may make it possible to apply for citizenship using a simplified registration procedure, but everything is individual. In the absence of written explanations for the refusal, you can file an objection with a lawyer, which is drawn up in the name of the head of the Federal Migration Service for the region of location. If you are certain that the actions of the migration service employees are illegal, you should go to court.

Is it possible to refuse a temporary residence permit?

Current legislation provides this opportunity. It is necessary to submit an application to the representative office of the Federal Migration Service of Russia, which is described in detail on the project fms.gov.ru. In the event that a temporary residence permit in the Russian Federation is not confirmed by government agencies, it will be canceled without an application. Today's rules say that the situation will be reviewed and a notification will be given, after which 15 days will be given to leave the country, after which staying in Russia will be illegal.

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1. Galina:
   04/26/2018 at 14:14

   Good afternoon, my husband and I have been living together for 4 years, we got married, everything was fine, we submitted documents for a temporary residence permit, the answer came 2 months later that he was denied a temporary residence permit, now we can’t find a way out, what should we do? If he needs to leave Russia, then I will have to go with him, I can’t live alone, my nerves are not in order, and if I go there with him, they won’t let me through, because I had fines and loans, and I can live without him I can’t, my husband is 49 years old and I am 29 years old, what should I do in this situation? We love each other very much.

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Why can a foreign citizen be left without a temporary residence permit?

Cancellation of a permit is caused by various factors, for example, violations of migration and administrative legislation. Let's talk about common reasons.

Reasons for forced cancellation of temporary residence permit:

1. Detection of dangerous contagious diseases in a foreigner (tuberculosis, AIDS, HIV, drug addiction).
2. The mother or father (foreigners) of a child with Russian citizenship was deprived of parental rights to him.
3. The foreign citizen was transferred by the Government of the Russian Federation to a foreign state in accordance with the terms of the readmission agreement.
4. It was decided that the stay of a foreigner on the territory of the Russian Federation is undesirable.
5. A foreigner violated the procedure for entering the Russian Federation from a country with which Russia has concluded an agreement on visa-free entry.
6. A foreign citizen entered into a fictitious marriage with a Russian woman (Russian man) in order to obtain a temporary residence permit.
7. The holder of a temporary residence permit has left the Russian Federation to another country for the purpose of permanent residence.
8. The foreigner failed to find a job within 180 days or got a job where he receives a salary insufficient to provide himself with everything necessary in Russia.
9. The foreigner was brought to administrative responsibility more than 2 times in the 10 years preceding the registration of the temporary residence permit.
10. A foreign citizen has an outstanding criminal record.
11. A foreigner has been convicted of committing a (particularly) serious crime.
12. When submitting documents for a temporary residence permit, the foreigner submitted false documents or provided false information about himself.
13. A foreign citizen sponsors terrorist and extremist activities.
14. The foreigner was spotted in one of the terrorist groups or enterprises whose activities are aimed at undermining the constitutional order of the Russian Federation or pose a danger to the life or health of Russians.
15. The foreigner did not appear at the migration service a year after registration of the temporary residence permit in order to notify the authorities about his stay in Russia (it is necessary to register for re-registration annually).
16. The holder of a temporary residence permit lived or got a job in a different subject of the Russian Federation in which he was issued a temporary residence permit. If there is a need to move to another region, while the temporary residence permit was received in another region, you must contact the Main Migration Department of the Ministry of Internal Affairs and write a statement indicating the reasons for departure.
17. The foreigner was abroad of the Russian Federation for more than 180 days during the year, which is counted from the date of registration of the temporary residence permit.