1. Whose legal status is regulated by the Decree?
The decree regulates the position of 3 categories of citizens:
1) citizens of Ukraine, the DPR and the LPR who permanently resided in the territories of the DPR, LPR, Kherson and Zaporozhye regions as of September 30, 2022, or previously permanently resided in these territories and left fr om there to Russia, including through third countries, and declared about their desire to retain their citizenship or remain stateless, did not take the oath of a citizen of Russia or refused to take it.
Such citizens are recognized as citizens permanently residing on the territory of Russia fr om September 30, 2022, the end of this period has not been established.
2) foreign citizens, but not citizens of Ukraine, the DPR and the LPR, if at the time of 09/30/2022 they permanently resided in the territory of the DPR, LPR, Zaporozhye and Kherson regions on the basis of a residence permit issued by the authorized body of Ukraine, the DPR or LPR.
Such citizens retain the status of permanent residents in the territory of the Russian Federation until July 1, 2024.
The decree says that the persons listed in paragraphs 1 and 2 are “recognized” as citizens permanently residing in Russia, and that they “have the right” (and are not obliged) to apply for the issuance of the relevant document, from which we can conclude that applying to the Ministry of Internal Affairs obtaining a document confirming a residence permit is the right of such citizens, and not an obligation, and that such citizens may not receive this document. It is not clear from the text of the decree what consequences such citizens may face if they do not have a document on a residence permit in Russia. To clarify this point, we sent a request to the Ministry of Internal Affairs, and we will tell you about the content of the answer as soon as we receive it.
3) persons recognized on the basis of laws on the entry into Russia of new territories temporarily residing on the territory of Russia (such citizens were recognized as foreign citizens and stateless persons temporarily residing on the territory of the DPR, LPR, Zaporozhye and Kherson regions from September 30, 2022 - art. .31 relevant federal constitutional laws, as well as arrived there after 09/30/2022).
This category includes all foreign citizens who are not citizens of Ukraine, recognized as temporarily staying on the territory of Russia.
The legal status of these citizens before the issuance of Decree No. 307 of April 27, 2023 was regulated only by Art. 31 federal constitutional laws on the admission of new territories to Russia. In addition to these laws, no decrees or other legal acts establishing their special legal status and the duration of their stay on the territory of Russia have been published. Therefore, there are difficulties with determining the permitted periods of stay in Russia for such citizens.
Of course, it can be assumed that such citizens are subject to the general conditions for temporary stay on the territory of Russia, if we talk about citizens from visa-free countries - this is 90 calendar days out of every 180, but if we talk about citizens from visa countries, then such a period should be determined by the validity period a visa, which the discussed category of foreign citizens may not have (at least the presence of a visa issued by Russian government agencies seems extremely unlikely).
Also, no clarifications have been published about the date from which the period of their stay can be counted, so it would be logical to assume that this date is September 30, 2022 (since before this date the indicated territories were not the territory of Russia, respectively, these persons did not stay in Russia). Thus, it is likely that people who have been in new regions since 09/30/2022, who at the same time have exceeded the permitted periods of stay established by the general rules (i.e., stayed more than 90 days out of every 180), or are in Russia without a visa, violate rules of stay in Russia, for which, in accordance with Art. 18.8 of the Code of Administrative Offenses of the Russian Federation provides for the imposition of a fine of 2,000 to 5,000 rubles (in Moscow, St. Petersburg, Moscow and Leningrad regions - from 5,000 to 7,000 rubles), with or without administrative expulsion from Russia.
Paragraph 9 of Decree No. 307 of April 27, 2023 establishes that the period of temporary stay of such persons is extended at the request of the employer or customer of services, or the citizen himself until December 31, 2023 inclusive. However, the wording of the decree confuses a number of points:
- there is no information that administrative proceedings related to violation of the terms of stay will not be initiated against persons who violated the terms of stay;
- it is indicated that the terms are extended only until December 31, 2023. However, when extending the terms of stay under the circumstances provided for in paragraphs 2, 3, 5, 7, 8 - 12 of Article 5 of the Federal Law of July 25, 2002 N 115-FZ "On legal status of foreign citizens in Russia" and Article 97 of the Treaty on the Eurasian Economic Union, these terms are established according to other principles and may correspond to the term of an employment contract, training, etc. It is not clear from the text of the decree whether it will be possible for these categories of citizens to extend the terms for a period longer than until 12/31/2023, if there are grounds for this.
We sent a request to the Ministry of Internal Affairs for clarification, and we will inform you about the content of the answer as soon as we receive it.
Citizens can extend the terms in Russia specified in clause 9 of Decree No. 307 of April 27, 2023 by contacting the Ministry of Internal Affairs until October 1, 2023. At the same time, visa-free foreign citizens are issued a migration card with a mark on the permitted period of stay, visa-free foreign citizens are issued a visa with the appropriate validity period.
If such citizens receive a migration card or visa, as well as if they enter into a contract for military service in the Russian Armed Forces or military formations and taking (took) part in hostilities in their composition, in relation to them:
- previously adopted decisions on deportation, readmission, non-permission to enter Russia, undesirability of stay (residence) in Russia, reduction of the period of temporary stay in Russia will not be subject to execution;
- decisions will not be made on deportation, readmission, non-permission to enter Russia, undesirability of stay (residence) in Russia, reduction of the period of temporary stay in Russia due to circumstances that arose before September 30, 2022 (at the same time, due to circumstances that arose after this period, such decisions can be made).
That is, if such citizens apply for an extension of their stay in the Russian Federation in the manner prescribed by the decree, administrative measures can be applied to them, but only in the form of fines (Article 18.8 of the Code of Administrative Offenses of Russia).
If such citizens do not receive a visa or a migration card with a new period of stay, all administrative measures may be applied to them, including deportation, readmission and non-permission of entry.
We remind you that the above does not apply to citizens of Ukraine, since Presidential Decree No. 585 of August 27, 2022 continues to apply to them, according to which they have the right to stay in the Russian Federation without limiting the period of stay. We wrote about this decree in detail earlier.
2. How can the persons referred to in paragraphs 1 and 2 obtain a residence permit in Russia?
Specified in paragraphs. 1 and 2 above, citizens have the right to apply to the division of the Ministry of Internal Affairs of Russia at the place of their actual location with an application for a residence permit. When applying, they must undergo mandatory fingerprint registration and photographing, and submit the following documents along with the application:
- a document proving identity and citizenship (if any), including if it has expired, as well as a copy of it;
- a document confirming the right of a foreign citizen or stateless person to permanent residence (permit) issued by the authorized body of Ukraine, the DPR or LPR, including if it has expired (if such a document is available), as well as a copy of it;
- a document confirming the fact of permanent residence in the territory of the DPR, LPR, Zaporozhye region or Kherson region (except if this information is contained in an identity document or a document confirming the right to permanent residence), as well as a copy of it;
- two photographs 35 x 45 mm in size that meet the requirements established by the Ministry of Internal Affairs of Russia.
All documents in foreign languages are submitted with a notarized translation into Russian. On the territory of the DPR, LPR, Zaporozhye and Kherson regions, notarization of the translation is not required until the end of the transition period (that is, until January 01, 2026).
3. Registration at the place of residence of citizens specified in clauses 1 and 2 of the Decree
Those registered at the place of residence in the territories of the DPR, LPR, Zaporozhye and Kherson regions as of September 30, 2022, in the absence of registration in another subject of Russia, are equated to those registered in Russia from the moment of registration in these territories. A note about this is affixed to the residence permit.
Those of them who, at the time of October 05, 2022, in addition to registration in the DPR, LPR, Zaporozhye and Kherson regions, also had registration in another subject of Russia, and did not submit an application for choosing a place of residence by October 05, 2023, are deregistered in that subject of Russia , the registration date of which was earlier.
4. Procedure and terms for consideration of an application for a residence permit
The term for consideration of an application for a residence permit of citizens whose situation is regulated by a decree cannot exceed 20 working days.
When considering an application for a residence permit of citizens whose legal status is regulated by the decree, the grounds for refusing to issue a residence permit do not apply, except in cases wh ere they have provided knowingly false information or forged documents.
5. Administrative relief for citizens specified in paragraph 1 of the Decree
In relation to the citizens specified in paragraph 1 above (citizens of Ukraine and the LDNR who permanently resided in the territories of the DPR, LPR, Kherson and Zaporozhye regions at the time of September 30, 2022, or previously permanently resided in these territories, and left fr om there to Russia, including including through third countries, and who have declared their desire to retain their citizenship or remain stateless), the following decisions are not applied:
- about deportation
- on readmission
- non-permission to enter Russia
- on the reduction of the period of temporary stay.
Previously made decisions are not enforceable. Also, in relation to such citizens, decisions are not made to cancel the residence permit, deprive the refugee status or certificate of temporary asylum, except in cases wh ere knowingly false information or forged documents are provided.
However, the above decisions can be applied to such persons (as well as to persons specified in paragraph 9 of the decree, i.e. recognized as temporarily staying on the territory of Russia - see paragraph 1 of the news) if they commit actions that threaten security Russia, advocate for a violent change in the constitutional order, finance terrorism, encroach on public order and security, including participation in unauthorized rallies and pickets. In these cases, when making a decision about the undesirability of stay or deportation, such citizens must leave the territory of Russia within 3 days from the date of such a decision.
6. Exemptions from compliance with other requirements of migration legislation
Until 12/31/2023, foreign citizens and stateless persons in the territories of the DPR, LPR, Zaporozhye and Kherson regions are exempt from the obligation to:
- passing a medical examination;
- from the provision of compulsory medical insurance, voluntary medical insurance policies or a contract for the provision of paid medical services;
- can work without a work permit and a patent (citizens of Ukraine can work without a work permit and a patent so far without a time lim it on the basis of the still valid Decree No. 585 of August 27, 2022);
- their employers and customers are exempted fr om the obligation to obtain a permit to attract foreign labor and comply with the allowable share of foreign workers (employers and customers of Ukrainian citizens are exempted from this obligation for the time being without a time lim it on the basis of the still valid Decree No. 585 of August 27, 2022) .
However, the requirement to undergo mandatory fingerprinting for such citizens remains.
7. Other provisions of the Decree
The decree also establishes that citizens of Ukraine, DPR and LPR who permanently resided on the territory of the DPR, LPR, Zaporozhye and Kherson regions as of September 30, 2022, as well as those who previously lived in these territories and left for Russia, including through third countries, have refugee certificate, certificate of temporary asylum, temporary residence permit or residence permit in Russia are eligible to participate in the State program to assist the voluntary resettlement of compatriots in Russia.
The decree came into force from the date of its signing, that is, from April 27, 2023.
For more information, please contact the consultants of the Confidence Group company.
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