Presidential Decree № 702 from 19.08.2024 or application for a temporary residence permit in Russia under simplified procedure

Confidence Group has prepared detailed review of procedure of application for temporary residence permit (hereinafter – TRP) in Russia under simplified procedure. You will find detailed information on the following matters below:

1.  What is meant by traditional values in Decree № 702.

2.  List of countries whose citizens can apply for TRP under simplified procedure.

3.  The procedure for entry of citizens arriving based on visa or arriving on visa-free basis.

4.  Is the new Decree simplification of the procedure of Russian citizenship obtainment?

5.  Advantages and disadvantages of TRP for foreign citizen and employer.

6.  How to change HQS to TRP or how the employer can save on taxes.

7.  Features of application fop TRP under simplified procedure:

     ·  Entry;

     ·  Migration registration and its features;

     ·  Medical examination;

     ·  Fingerprint registration;

     ·  Visa and migration registration extending;

     ·  Terms of TRP obtainment;

     ·  TRP visa obtainment;

     ·  Registration at the place of residence or migration registration;

     ·  Is it mandatory to stay in Russia during the consideration of TRP documents?

     ·  Is it possible to obtain TRP for family members?

8.  Documents required for TRP obtainment. Which issues are possible?

9.   Annual residence notification.

10.  Is it possible to extend TRP?

What is meant by traditional values in Decree № 702.

Russian President signed Decree № 702 from 19.08.2024 «On providing humanitarian support to people who share traditional Russian spiritual and moral values».

This Decree grants the right to foreign citizens and stateless persons «who desire to move to the Russian Federation to live from foreign countries of their nationality for reasons of non-acceptance of the policy implemented by these countries imposing destructive neoliberal ideological attitudes that contradict traditional Russian spiritual and moral values» to apply for a temporary residence permit (hereinafter TRP) in Russia in a simplified manner: without quota approved by the Government as well as without examination of knowledge of the Russian language, history and legislation of the Russian Federation.

The order of the Government of the Russian Federation from 17.09.2024 № 2560-р approved list of such foreign countries whose citizens can obtain TRP in Russia under a simplified procedure.

List of traditional values specified in other Presidential Decree № 809 from November 09^th 2022а. In accordance with this Decree traditional values include life, dignity, human rights and freedoms, patriotism, civic consciousness, service to Homeland and responsibility for its fate, high moral ideals, strong family, creative work, priority of the spiritual over the material, humanism, mercy, justice, collectivism, mutual assistance and mutual respect, historical memory and continuity generations, unity of peoples of Russia.

Based on the text of the Decree absolutely anyone from the above-mentioned countries, including those with a residence permit in these countries, will be able to apply for a TRP in Russia simply declaring support for «traditional values». Absolutely anyone can take advantage of this opportunity to enter Russia and stay for up to 3 months without issuing an invitation.

Citizens of the following countries can apply for TRP under simplified procedure:

Entry for citizens arriving in accordance with procedure requiring a visa and entry for citizens arriving on a visa-free base.

This Decree stipulates the possibility for foreign citizens entering Russia on the basis of a visa obtain a visa on the written application. We conclude that a person simply needs to declare support for traditional values. In accordance with paragraph 4 of Decree № 702 from August 19th 2024 mentioned foreign citizen can obtain a single-entry ordinary private visa for up to 3 months based on the decision of the Head of Russian diplomatic mission or Consular section. This visa will grant him the right to enter Russia.

At the same time, it is currently unclear how foreign citizens from counties with which Russia has a visa-free entry procedure can enter Russia. It is unclear how these citizens should declare support for "traditional values" and prove the purpose of their entry in Russia within crossing the border.

At the same time, according to information from the Ministry of Internal Affairs, the procedure for applying for a TRP in a simplified manner is valid for those foreign citizens who are already stay in Russia, both for citizens from visa countries, the type of visa doesn’t matter yet, and citizens from visa-free countries.

Is the new Decree a simplification of the Russian citizenship obtainment?

Please note that there was a stuffing of information in many media that this Presidential Decree regulates the simplified procedure for obtaining Russian citizenship.

Confidence Group would like to dispel all myths about this. This Decree regulates only the procedure for obtaining TRP in Russia and nothing more. Other stages and procedures that must be completed to obtain Russian citizenship remain the same. The standard procedure for obtaining citizenship remains unchanged and looks like this:

- foreign citizen submits documents for temporary residence permit (TRP);

- after receiving TRP he must live in Russia for at least 1 year in total, including the period of consideration of documents for a permanent residence permit (PRP), which is the next stage.

- foreign citizen submits documents for permanent residence permit (PRP) in Russia;

- after receiving PRP he must live for at least 5 years in Russia and only after that foreign citizen can apply for Russian citizenship.

Please note that if during residence in Russia foreign citizen has certain circumstances, such as born child-Russian citizen or received document confirming education and qualifications with honors, then the terms for applying for residence permit and citizenship are changed. The full list of grounds is specified in Articles 8 of Federal Law № 115 dated July 25^th 2002 and Articles 16, 17 of Federal Law № 138 dated April 28^th 2023. Please contact Confidence Group for additional consultations.

We emphasize that Decree № 702 dated August 19th 2024 is intended only for those foreign citizens who want to get TRP in Russia. Please note that this procedure has both its pros and cons.

Pros and cons of TRP for foreign citizen and his employer.

A temporary residence permit (TRP) is the document that allows foreign citizen to live and work for 3 years in the territory of region that issued this document. TRP is a stamp that affixed to the passport of a foreign citizen.

TRP advantages:

1.  Free arrival in Russia and departure from country.

2.  Possibility of legal work in region issued TRP without patent for work / work permit.

3.  Right to register your own company or become an individual entrepreneur.

4.  Right to get free medical care and visit state medical institutions at the place of residence.

TRP disadvantages:

1.  Possibility to live and work only in region issued TRP.

2.  The inability of foreign citizen to apply for patent for work in region other than the region where TRP is issued.

3.  The inability of employer to apply for work permit in region other than the region where TRP is issued.

4.  Necessity to stay in Russia more than 6 month in total during calendar year since TRP obtainment. Temporary residence permit can be cancelled if foreign citizen is absent from Russia during above-mentioned period (subparagraph 1, paragraph 1, article 7 of Federal Law № 115 dated July 25th 2002).

5.  Restriction in terms of sending foreign citizen who has the status of temporary resident in Russia on business trips.

We remind you that employer will be able to send foreign citizens who have TRP on business trips only in accordance with Order № 564n dated July 28th 2010 of the Ministry of Health and Social Development of Russia, which involves sending them on a business trip:

     ·  for a period of no more than 40 calendar days within 12 calendar months;

     ·  for a period of no more than 90 calendar days within 12 calendar months if permanent work is carried out by employee on the way or is of traveling nature and this is determined by employment contract.

Pay attention that even 100 % correct fulfilment of this Order does not guarantee that the employer will not be complained about by the Ministry of Internal Affairs and other authorities within checking employment of foreign citizens in regions other than the regions where the TRP is issued.

Numerous court practice on this issue varies quite a lot, especially in regions far from Moscow. Mostly authorities do not consider conditions for sending foreign citizens on business trips mentioned in Order № 564n and operate with positions mentioned in Federal Law № 115 dated 25.07.2002 «On the legal status of foreign citizens in the Russian Federation».

Change HQS status on TRP status or can the employer save on taxes?

Due to the introduction of simplified procedure for obtaining TRP many Russian employers have the illusion that they will be able to significantly save on taxes by changing status of employees who work on the basis of work permits as highly qualified specialists (HQS) on the status of foreign citizens with temporary residence permit (TRP). Its allow not to pay the minimum wage to comply with HQS status in the amount of 250 000 rubles and pay only the minimum wage.

Now this possibility will be valid but the reaction of the Ministry of Internal Affairs is unclear, because it means significant reduction of tax revenues from employers. Therefore, it’s difficult to predict how long this option will be valid and whether there will be any consequences for those who change their status.

Application for temporary residence permit under simplified procedure.

Entry procedure.

Foreign citizens who will enter Russia from visa-country should get invitation letter for visa obtainment or as mentioned earlier submit written statement in line with simplified procedure for visa obtainment.

For foreign citizen who has already arrived to Russia based on any type of visa the procedure for applying for TRP is the same as for those who entered on visa obtained on the basis of written statement of support for Russian values. Visa valid for up to 3 years will be issued after TRP will be received.

For foreign citizens planning to enter Russia from visa-free countries the entry procedure is not determined. It's unclear how these citizens should declare support for "traditional values" and prove the purpose of their entry in Russia within crossing the border. If such citizens have already arrived to Russia and wish to apply for TRP in simplified manner, then the procedure is the same as for citizens from visa-countries.

Migration registration and its features.

Foreign citizen must make migration registration within 7 working days from entry date. Please note that for TRP obtainment the Ministry of Internal Affairs will require migration registration at the address of the residential premises. Migration registration carried out at the address of the non-residential premises, hostels, hotels or apartments is not accepted.

Medical examination.

Foreign citizens must pass mandatory medical examination in any medical organization from the list of approved organizations in the relevant subject of Russia.

Medical examination of foreign citizens and stateless persons is carried out to confirm the presence or the absence of drug addiction and infectious diseases that pose a danger to others. In Moscow list of medical organizations for medical examination by foreign citizens was approved by the Decree № 1517-PP of the Government of Moscow dated September 28, 2021. The choice of medical organization will depend on the migration status of a foreign citizen and the purpose of passing medical examination.

The list of infectious diseases that pose danger to others and are the basis for refusing to issue or cancellation of the temporary residence permit is as follows:

• tuberculosis;
• leprosy (Hansen's disease);
• syphilis;
• HIV.

Medical examination and medical certificates obtainment takes around 5-7 working days. After medical certificate’s receiving foreign citizen makes an appointment to apply for TRP. At the moment the record goes several days ahead. However, please consider that with an increase in the number of requests for application for TRP according to simplified procedure the record may also increase indefinitely.

Fingerprint registration.

Fingerprint registration is mandatory for all applicants older than 6 years old when they submit documents for TRP.

After successful submission of documents for TRP the applicant will get confirming receipt.

Extending visa and migration registration.

Foreign citizen should extend/renew visa and extend migration registration after submission of documents for TRP. The same type of visa will be issued on the period of application's consideration based on receipt confirming submission for TRP. Division of the Ministry of Internal Affairs responsible for visas extending or updating in Moscow is located at the address: 42 bld. 1, Pokrovka str., Moscow, 101000.

After visa extending foreign citizen should visit territorial division of the Ministry of Internal Affairs at the place of registration and extend migration registration.

Foreign citizens who enter Russia in order that doesn’t require visa should visit territorial division of the Ministry of Internal Affairs at the place of registration and extend migration registration after submitting documents for TRP obtainment.

Terms of TRP obtaining.

For foreign citizens arriving in the Russian Federation from visa countries processing time is about 4 months from the date of submission of documents.

For foreign citizens arriving in the Russian Federation on a visa-free basis, processing time is 45-50 working days from the date of submission of documents.

Obtaining a temporary residence permit visa.

A temporary resident visa is issued to foreign citizens based on a temporary residence permit in Russia. The visa is multiple entry, the validity of the temporary resident visa is equal to the validity period of the temporary residence permit, which is 3 years.

If a positive decision is made to issue a temporary residence permit for a foreign citizen, simultaneously with its receipt, a temporary resident visa will be affixed to his passport.

Please note that a visa is not required for citizens of one of the following countries, in accordance with international agreements providing for visa-free entry for citizens with a temporary residence permit in Russia, namely:

     ·  Germany;

     ·  Bosnia and Herzegovina;

     ·  Republic of Macedonia;

     ·  Republic of Croatia;

     ·  Republic of Poland;

     ·  Republic of Italy;

     ·  Montenegro.

Also, according to the Decree of the President of Russia of June 17, 2008, No. 977 "On the Procedure for Entry into Russia and Exit from Russia of Stateless Persons Residing in the Republic of Latvia or the Republic of Estonia", a stateless person residing in the territory of Latvia and Estonia is not required to apply for a visa.

Registration at the place of residence / migration registration.

Foreign citizens must submit an application for registration to the territorial division of the General Department of Migration issues of the Ministry of Internal Affairs at the location of the residential premise within 7 working days after TRP obtainment. Those foreign citizens who don’t have the opportunity to make permanent registration at their place of residence can obtain migration registration at the address of the residential premises for the validity period of the visa. Please note that foreign citizen will have to make migration registration after each entry. It’s not required if there is a permanent registration at the place of residence.

Is it necessary to stay in Russia during the consideration of documents for a TRP?

Pay attention that presence of foreign citizen in Russia during the consideration of documents for TRP under simplified procedure is not required. If foreign citizen has multiple-entry visa or arrived to Russia in order that does not require visa then he can free cross Russian border and travel outside. If foreign citizen arrived to Russia on single-entry visa then after submission documents for TRP he will get the same type single-entry visa for the period of consideration of documents. It’s impossible to leave and re-enter Russia on this visa which means that foreign citizen will have to stay in Russia for the entire period of consideration of documents, about 4 months.

Is it possible to obtain TRP for family members?

Decree stipulates obtainment of temporary residence permit in a simplified manner for both foreign citizen and his family members, namely minor children. Please note that the personal presence of applicants older than 6 years is mandatory at the time of submitting documents for TRP.

The list of documents required for TRP obtaining. Possible issues.

     ·  2 copies of completed application form;

     ·  2 photos 35*45 mm;

     ·  paid state duty in amount of 1 920 RUB;

     ·  passport / ID + notarized translation;

     ·  documents confirming the absence of drug addiction and infectious diseases that pose a danger to others, provided in the list approved by the federal executive authority authorized by the Government of the Russian Federation, as well as a certificate confirming the absence of a disease caused by the human immunodeficiency virus (HIV);

     ·  document confirming the absence of a criminal record or, if any, containing information about the crime for which the applicant was convicted, legalized in accordance with the requirements specified below;

     ·  original of migration registration + copy;

     ·  original of migration card + copy.

The main issue is obligation to provide document confirming the absence of a criminal record in the country of nationality or, if any, containing information about the crime for which the applicant was convicted. This document is required for all applicants older than 14 years old. This mentioned certificate must be legalized in Russia. There are two options:

1)  Official documents and acts issued by authorities of countries members of Hague Convention of October 5^th 1961 are accepted with an apostille.

2)  Official documents and acts issued by authorities of countries that are not parties of Hague Convention of October 5^th 1961 are accepted after consular legalization.

There are exceptions for some countries. Please contact Confidence Group consultants to get additional information.

Period of validity of document confirming the absence or presence of a criminal record is 3 month, period of obtainment is up to 2 month in some countries. Considering lack of direct mail connection between Russia and many «unfriendly» countries process of getting such document is quite complicated for foreign citizen. Confidence Group provides delivery service from / to such counties. You can find more details on our website.

This certificate is not required for foreign citizen those arrived in Russia based on visa-free procedure.

 There are huge number of peculiarities in terms of preparing set of documents for TRP procedure. It’s not possible for foreign citizen to prepare it independently taking into consideration all the features as well as terms of provision of a particular document. Confidence Group provides maximum support in this matter.

 Cost of our services

* – cost is specified for translation from/into English. Cost of translation from/into other languages will be confirmed additionally;

** – the price includes supply of a car and 2 hours of service, each subsequent hour is charged based on the cost of an hour of work of the driver in the amount of 3000 rubles.

Annual notification of residence.

Foreign citizen who has Russian TRP must submit notification confirming his residence in Russia within 2 month from the date of expiration of the next year from the date of receipt of temporary residence permit. Foreign citizen should submit notification to the territorial division of the Ministry of Internal affairs in person or using public information and telecommunication networks, i.e. GosUslugi, with an attachment of an income statement, a copy of a tax return or other document confirming the amount and source of income for the next year. Application of documents through a representative is not provided.

Date of obtaining temporary residence permit is the date of the actual stamp in the passport.

Late submission of notification is an administrative offense, for which a penalty fee with or without administrative expulsion is provided.

TRP extension.

TRP extension is not provided by Russian legislation. The law stipulates re-submission of documents for the new TRP or the next step is to obtain residence permit. Residence permit can be issued for foreign citizen residing in Russia for at least 1 year on the basis of TRP. An application for residence permit can be submitted no earlier than 8 months of residence in Russia on the basis of TRP and no later than 4 months before the expiration of TRP.

In conclusion, we would like to pay your attention once again to the fact that the procedure for submitting documents for temporary residence permit is quite complicated, including a huge number of peculiarities. Moreover, the procedure for submitting documents for temporary residence permit under simplified procedure in the regions is still unclear. Confidence Group will provide you with detailed information and ready to response on all questions.