The period of validity of the simplified procedure for applying Russian citizenship for holders of soviet passports expired on December 31, 2016.
It is well-known fact that Russian legislation provides the simplified procedure for receiving Russian citizenship for holders of Soviet Union passports. The validity of this procedure was until the end of 2016.
Starting from 2017 this procedure will not be used. Due to this, it is necessary to study this question in details.
The Federal Law as of May 31, 2002 N 62 “On Russian citizenship” contains the Chapter VIII.1.
“Adjustment of the legal status of some categories of persons in Russia” that regulates the procedure of receiving Russian citizenship.
This chapter contains the cases of receiving Russian citizenship for some categories of persons:
- capable persons-citizens of USSR till September 05, 1991 who arrived to Russia for living before November 01, 2002 and who have no other citizenship and any document confirming the right to live abroad;
- their children;
- persons in their custody;
- persons-citizens of USSR who received Russian passports till July 01, 2002 and later were not determined by authorities as Russian citizens, who also has foreign citizenship without document giving the right to live abroad.
The above-mentioned categories of persons are exempted from administrative responsibility for violations of entry rights, regime of staying, illegal work or other migration rules in case of such violations were founded out at the moment of documents submissions for Russian citizenship/ permanent residence permit.
These persons can receive Russian citizenship without special requirements as well as without presenting temporary residence permit or permanent residence permit.
Applications for recognition as Russian citizens from these categories of persons are considered no more than 2 month, applications for receiving Russian citizenship are considered no more than 6 month from the date of documents submission.
The above-mentioned conditions were included in the Federal law “On Russian citizenship” in 2012 by the Federal law №182 as of November 12, 2012 “On amendments to the Federal law “On Russian citizenship”.
This Federal law provides temporary validity of the Chapter VIII.1. The second part of the Clause 3 establishes its validity period until January 01, 2017. So after 2016 this procedure will not be used for the above-mentioned categories of persons.
Moreover, part two of the Article 2 of the Federal Law provides that the persons indicated in Chapter VIII.1 of the Federal Law as of May 31, 2002 N 62-FZ "On Russian citizenship" who have not applied for recognition as Russian citizens or receiving Russian citizenship in the terms specified in Chapter VIII.1 should leave Russia in 3 month after the end of 2016 year. In case of violation of such terms such persons subject to deportation.
Due to this, we recommend for such people with soviet passports to solve the question with receiving Russian citizenship until the end of 2016. In other case, more difficult procedure for receiving Russian citizenship will be used for them.
