The order was issued in order to establish the procedure for implementing changes to Federal Law No. 115 of July 25, 2002, introduced by Federal Law No. 357 of July 14, 2022, which we wrote about earlier. Regulations on Temporary Residence Permit for Educational Purposes came into force on January 1, 2023.
Key points fr om the Regulations:
1) Who can apply for a Temporary Residence Permit for Educational Purposes?
A Temporary Residence Permit for Educational Purposes can be issued by a foreign citizen or a stateless person (including a minor, in which case the procedures are carried out through a legal representative) who study at a state educational institution full-time, under bachelor's, specialist's, master's, residency programs, assistantship-internships or training of scientific and scientific-pedagogical personnel in graduate school (adjuncture).
2) Who provides the service of issuing a Temporary Residence Permit for Educational Purposes?
The service for issuing a Temporary Residence Permit for Educational Purposes is provided by the regional department for migration issues of the Ministry of Internal Affairs of Russia in the region of the Russian Federation wh ere a foreign student is studying. Regional departments for migration issues may participate in the provision of services by decision of the head of the regional Migration Department of the Ministry of Internal Affairs of Russia. Multifunctional centers do not provide this service, this is indicated separately in the Regulations.
3) How to apply for a Temporary Residence Permit for Educational Purposes
A foreign student can apply for a Temporary Residence Permit for Educational Purposes in person (or through their legal representatives - in the case of underage applicants) to the Ministry of Internal Affairs or through the State Services portal.
4) What are the terms for issuing a Temporary Residence Permit for Educational Purposes?
The term for the initial registration of a Temporary Residence Permit for Educational Purposes is no more than 38 working days;
In case of replacement of an identity document, which previously had a mark on a Temporary Residence Permit for Educational Purposes - no more than 13 working days;
In case of replacement of a Temporary Residence Permit for Educational Purposes in the presence of typographical errors or errors - for adult applicants no more than 3 working days, for minors - no more than 11 working days.
5) What is the application form for issuing a Temporary Residence Permit for Educational Purposes?
The regulation provides for 8 different application forms depending on the status (profile) of the applicant (adults or minors, applied for a Temporary Residence Permit for Educational Purposes, suffer or do not suffer from HIV infection). The status of the applicant is determined and the choice of the appropriate form is made by questioning at the place of application (in the case of filing through the State Services, the questioning is carried out directly on the portal).
The option established based on the results of profiling is communicated to the applicant in writing, excluding ambiguous interpretation.
Option 1 - adult foreign students who applied for the issuance of RVPO personally and for the first time, infected with HIV, have family members (spouse (gu), children (including adopted children), parents (including adoptive ones) - citizens of Russia or foreign citizens with Residence permit in Russia The application form for issuing a temporary residence permit for this option is given in Appendix No. 3 to the Administrative Regulations.
Option 2 - adult foreign students who applied for the issuance of Temporary Residence Permit for Educational Purposes in person, not infected with HIV. The application form for issuing a Temporary Residence Permit for Educational Purposes for this option is given in Appendix No. 4 to the Administrative Regulations.
Option 3 - adult foreign students who personally applied for the Temporary Residence Permit for Educational Purposes personally again in connection with the replacement of an identity document in which the mark of the Temporary Residence Permit for Educational Purposes is affixed, including due to its loss (damage, theft) or when changing personal data (last name and (or) first name, patronymic, date and (or) place of birth, citizenship, gender). The application form for issuing a Temporary Residence Permit for Educational Purposes for this option is given in Appendix No. 5 to the Administrative Regulations.
Option 4 - minor foreign students who applied for the issuance of a Temporary Residence Permit for Educational Purposes for the first time through a legal representative, infected with HIV, having family members (spouse, children (including adopted children), parents (including adoptive ones) - citizens of Russia or foreign citizens who have a residence permit in Russia. The application form for issuing a Temporary Residence Permit for Educational Purposes for this option is given in Appendix No. 6 to the Administrative Regulations.
Option 5 - minor foreign students who applied for the issuance of Temporary Residence Permit for Educational Purposes for the first time through a legal representative, not infected with HIV. The application form for issuing a Temporary Residence Permit for Educational Purposes for this option is given in Appendix No. 7 to the Administrative Regulations.
Option 6 - minor foreign students who applied for the issuance of a Temporary Residence Permit for Educational Purposes again in connection with the replacement of an identity document, which is marked with a Temporary Residence Permit for Educational Purposes, including due to its loss (damage, theft) or when changing personal data (surname and (or) first name, patronymic, date and (or) place of birth, citizenship, gender). The application form for issuing a Temporary Residence Permit for Educational Purposes for this option is given in Appendix No. 8 to the Administrative Regulations.
Option 7 - adult foreign students who personally apply for the issuance of a Temporary Residence Permit for Educational Purposes in person again in order to correct typos or errors in the issued Temporary Residence Permit for Educational Purposes. The application form for this option is given in Appendix No. 9 to the Administrative Regulations.
Option 8 - minor foreign students applying for the issuance of the Temporary Residence Permit for Educational Purposes again in order to correct typos or errors in the issued Temporary Residence Permit for Educational Purposes. The application form for this option is given in Appendix No. 10 to the Administrative Regulations.
6) What documents should be submitted along with the application?
An exhaustive list of documents is given for each option of the applicant for the issuance of a Temporary Residence Permit for Educational Purposes, and includes:
▪ without fail, for all options:
- an application for the issuance of a Temporary Residence Permit for Educational Purposes according to the form corresponding to one of the 8 options in 2 copies;
- the original identity document, with a notarized translation into Russian attached (when submitted through the State Services - a scanned copy of such a document). The validity of the passport must be at least 3 months on the date of submission;
- photographs 35x45 mm, color or black and white, matte, strictly full face without headgear - 2 pcs;
- a copy or extract from the distributive act of the state educational or state scientific organization on the admission of the applicant for training, certified by the state educational organization or state scientific organization;
▪ in addition to the documents above, the following categories of foreign students must also provide:
- foreign students from visa countries - a certificate of no criminal record (or a criminal record indicating information about the crime), issued by the competent authority of the state of permanent residence of the foreign student. The certificate must be issued no earlier than 3 months before the date of application;
- minor applicants - a document proving the identity of the legal representative;
- when applying for options 1, 4, 5, 6 and 8 - documents confirming family ties (document confirming the fact of birth, document confirming marriage / dissolution of marriage, document confirming name change, document confirming adoption, document confirming authority trustee);
▪ according to the Regulations, the following documents are provided at the initiative of the applicant (but it is still recommended to provide them):
- migration card;
- notice of arrival confirming migration registration;
- medical documents issued by a medical organization authorized to conduct an check-up of foreign citizens in order to obtain a Temporary Residence Permit for Educational Purposes: the conclusion of a psychiatrist-narcologist; certificate of absence of HIV infection; medical conclusion on the absence of infectious diseases;
- receipt of payment of state fee in the amount of 1600 rubles (the amount of the fee at the moment; the current amount of the state fee is indicated on the portal of the State Service);
- a copy of the certificate of state accreditation of an educational or scientific organization, certified by an educational or scientific organization.
7) In what language should be the documents provided?
All documents drawn up in a foreign language or in several foreign languages, and among which there is no Russian language, are attached to the application with a translation into Russian, certified by a notary, with consular legalization or an apostille (for countries participating in the Hague Convention), unless otherwise provided by an international agreement .
If the document is drawn up in several foreign languages, the translation into Russian must be made from all foreign languages.
8) Is it required to confirm knowledge of the Russian language and the fundamentals of the legislation and history of Russia?
No, you do not need to confirm knowledge of the Russian language and the fundamentals of Russian legislation and history in order to obtain a Temporary Residence Permit for Educational Purposes.
9) Is it required to pass fingerprint registration to obtain a Temporary Residence Permit for Educational Purposes?
Yes, according to the Regulations, fingerprint registration is obligatory for obtaining a Temporary Residence Permit for Educational Purposes. If there is data on fingerprint registration obtained earlier in the system of the Ministry of Internal Affairs, repeated fingerprint registration is not performed.
10) What can be the result of applying for the provision of a public service for the issuance of a Temporary Residence Permit for Educational Purposes?
- issuance of Temporary Residence Permit for Educational Purposes
- correction of errors in the issued Temporary Residence Permit for Educational Purposes
- refusal to accept documents and consider the application
- refusal to issue Temporary Residence Permit for Educational Purposes
11) What are the grounds for refusing to accept documents, refusing to issue a Temporary Residence Permit for Educational Purposes or suspending the consideration of an application?
The regulation provides an exhaustive list of grounds for refusal to accept documents, refusal to issue a Temporary Residence Permit for Educational Purposes. There are no grounds for suspending the consideration of the application by the regulations.
Grounds for refusal to accept and consider documents:
- the application does not contain information that is mandatory for indication.
- the application contains false information
- documents required for the provision of public services were not provided (with the exception of filing an application through the State Service Portal)
- submitted documents containing damage, the presence of which does not allow the full use of the information contained in the document
- submitted documents on passing a medical check-up with an expired validity
- as an identity document, a document is presented that is not recognized as such in Russia
- refusal to undergo fingerprint registration (except for the case of filing an application through the State Services Portal)
- discrepancy between the data of the owner of the certificate of the electronic signature verification key and the applicant's data specified in the application submitted in electronic form using the State Services Portal.
Grounds for refusal to issue a Temporary Residence Permit for Educational Purposes:
- if a foreign student advocates a violent change in the foundations of the constitutional order of Russia, otherwise creates a threat to the security of Russia and its citizens
- finances terrorism, assists in the implementation or otherwise supports terrorist and extremist activities.
- within 5 years preceding the day of filing the application, was subjected to administrative expulsion or deportation from Russia, or was transferred by Russia to a foreign state in accordance with Russia's international treaty on readmission, or
- during the 10 years preceding the day of filing the application, was repeatedly (2 or more times) subjected to administrative expulsion or deportation from Russia, or was transferred by Russia to a foreign state in accordance with Russia's international treaty on readmission.
- submitted forged or forged documents or provided knowingly false information about himself
- convicted by a court verdict that has entered into legal force for committing a grave or especially grave crime or for committing a crime related to illicit trafficking in narcotic drugs, psychotropic substances and their analogues or precursors
- has an outstanding or unexpunged conviction for committing a grave or especially grave crime on the territory of Russia
- repeatedly (2 or more times) within one year was brought to administrative responsibility for committing an administrative offense related to an encroachment on public order and public safety or a violation of the regime of stay (residence) of foreign citizens in Russia or the procedure for their labor activity on the territory of Russia, or committed an administrative offense related to illicit trafficking in narcotic drugs, psychotropic substances and their analogues or precursors
- left Russia for a foreign country for permanent residence
- stayed outside Russia for more than 6 months in total during a calendar year, except for 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 due to official necessity
- is a consumer of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances, or suffers from one of the infectious diseases that pose a danger to others, or does not have a certificate of the absence of HIV, or has not submitted medical documents and a certificate issued based on the results of a medical check-up
- filed an application for the annulment of the Temporary Residence Permit for Educational Purposes issued to the applicant
- switched to part-time or remote education or terminated education ahead of schedule in a state educational or state scientific organization, except for the case of transfer to full-time education in another organization
- in relation to the applicant, a decision was made on the undesirability of stay (residence) in Russia or on the prohibition of entry into Russia
- receipt by the territorial authority of information about the applicant's citizenship of Russia
- non-payment by the applicant of the state fee
- the refusal of the applicant, who submitted the application through the State Services Portal, from undergoing mandatory state fingerprint registration and (or) from submitting the documents required to receive a public service
- bringing an applicant suffering from HIV, having family members (spouse, children (including adopted children), parents (including adoptive ones)) - citizens of Russia or having a residence permit in Russia, to liability for violations of Russian legislation on preventing the spread of HIV - infections
- if, based on the results of consideration of the interdepartmental request, the information indicated by the applicant (about birth, marriage, divorce, name change) was not confirmed
- if, based on the results of consideration of an interdepartmental request, on the day the application for the issuance of a permit was received, the powers of the guardian or custodian, the details of which are indicated in the application, were not confirmed.
A foreign citizen may appeal against the decision to refuse extradition and annul the Temporary Residence Permit for Educational Purposes within three working days from the date of receipt of the notification of the adoption of such a decision or to the court within three months from the date of receipt of this notification.
An issued Temporary Residence Permit for Educational Purposes is considered invalid if this foreign citizen has been issued a residence permit or acquired Russian citizenship.
At the same time, after a refusal to issue or annul a regular TRP, you can re-apply for it only after 1 year after the refusal or annulment ( clause 6, article 6 115-FZ, clause 106.1 of the Administrative Regulations on issuing a TRP), then to re-apply for the issuance of a Temporary Residence Permit for Educational Purposes after a refusal or annulment by law and regulations does not provide for a limitation of 1 year.
12) For how long is a Temporary Residence Permit for Educational Purposes issued?
Temporary Residence Permit for Educational Purposes is issued for the period of mastering the educational program + 180 days after its completion.
The current legislation and the Regulations do not provide for the possibility of extending the Temporary Residence Permit for Educational Purposes, you can only apply for a new Temporary Residence Permit for Educational Purposes if there are grounds for this.
13) In what form is the Temporary Residence Permit for Educational Purposes issued?
Temporary Residence Permit for Educational Purposes is issued in the form of a mark in an identity document approved by Order of the Ministry of Internal Affairs of Russia dated 03.10.2022 N 729. Temporary Residence Permit for Educational Purposes is not provided in the form of an electronic document.
We wrote about the introduction of Temporary Residence Permit for Educational Purposes earlier, when this law was adopted and at the stage of the draft law.
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.
