A complete list of grounds for cancellation is given in Federal Law No. 115-FZ of July 25, 2002 (as amended on December 29, 2022) "On the Legal Status of Foreign Citizens in Russia" (as amended and supplemented, effective from January 11, 2023) at the same time, in practice, cancellation is most often possible with the following violations:
1. When obtaining a residence permit, a foreign citizen is obliged to submit an annual notice of residence, this notice must be submitted within 2 months after a year from the date of issue of the residence permit.
In case of failure to submit this increase within 2 years, the residence permit may be canceled;
2. repeatedly (two or more times) within one year was brought to administrative responsibility. At the same time, paid administrative fines are also taken into account, violations in terms of PPD are also violations;
3. stayed outside Russia for more than 183 days in total during a calendar year, with the exception of cases when it was impossible to leave the territory of a foreign state due to circumstances related to the need for emergency treatment, a serious illness of this foreign citizen or the death of his close relative who lived at the time of death in a foreign state, as well as cases of a foreign citizen being outside Russia due to official necessity.
Based on Article 9 of the Federal Law-115 “On the Legal Status of Foreign Citizens”, we see that the bulk of the points associated with the cancellation of a residence permit are violations of the law by a foreign citizen. However, this article also provides for a voluntary refusal of a residence permit, which does not occur automatically and is also associated with some difficulties, namely, holders of a residence permit who received a document based on the status of a Highly Qualified Specialist (HQS).
Based on the law, in case of early termination of the contract, the residence permit is canceled within the time limits established by law, namely, if the HQS did not conclude a new employment contract after 1 month after termination, issued to a highly qualified specialist, the residence permit is considered valid for 30 working days, while the next 30 days are given exclusively for leaving Russia. However, in practice, foreign citizens continue to enter Russia, which violates the purpose of entry (and this is also an administrative offense).
In order to legally stay on the territory of Russia, every foreign citizen who had a residence permit issued on the basis of the work permit of HQS from the employer with whom the employment contract has already been terminated must take steps to make sure that the residence permit is canceled. Otherwise, as the holder of the residence permit so the potential (new) employer has problems from the inability to formalize new labor relations to administrative penalties for a foreign citizen.
At the same time, the administrative regulations do not contain information on the procedure for canceling a HQS residence permit, so we can rely only on personal practice.
It is possible to cancel the HQS residence permit only upon termination of the employment contract.
At the same time, documents can be submitted only after 30 working days after the early termination of the employment contract, and the result of the cancellation can be obtained no earlier than another 30 working days (the idea of the Ministry of Internal Affairs is to withstand 60 days specified in the law).
Our company has vast experience not only in terms of comprehensive support in terms of obtaining a TRP/permanent residence permit or citizenship, but also the experience of renouncing the existing status.
For more information, please contact the consultants of the Confidence Group company.
* The texts of the newsletters are intellectual property of Confidence Group, protected by the copyright laws of Russia. The information may not be reproduced in any form whatsoever without linking to this web site or to pages of this website.
