This project amends the State Program to Assist Voluntary Resettlement to Russia of Compatriots Living Abroad.
In particular, the draft Decree introduces a definition of the term "repatriate". A repatriate, in accordance with the project, is "a compatriot who has expressed a desire to resettle in Russia, from among:
- citizens of Russia permanently residing abroad as of February 24, 2022;
- former citizens of Russia;
- persons born or permanently residing on the territory of the RSFSR and who in the past held the citizenship of the former USSR;
- persons who have relatives in a direct ascending line, who were born or permanently resided on the territory of the RSFSR or the territory that belonged to the Russian Empire or the USSR, within the State Border of Russia and who had the appropriate citizenship".
In accordance with the Draft Decree, a repatriate (that is, a person who meets one of these requirements) has the right to participate in the State Program in the manner established in the new special section of the State Program for repatriates, or in the general procedure provided for by the State Program, at his choice.
Earlier, State Duma deputy Konstantin Zatulin introduced a draft law "On repatriation to Russia". This draft law was submitted to the State Duma on June 11, 2021, we wrote about its introduction in our news. However, it received a negative response from the Russian Government, the proposal to reject the project was also expressed in the resolution of the State Duma Committee on the Commonwealth of Independent States, Eurasian Integration and Relations with Compatriots. The draft law was proposed for consideration in the first reading at a session of the State Duma on May 18, 2023. However, after May 11, 2023 and up to the present, there is no information on the consideration of this draft law on the website of the State Duma, from which we can conclude that on May 18, 23 it is still has not been considered.
One of the main remarks to the draft law was the absence both in the draft law itself and in Russian migration legislation of the definitions of "repatriate" and "repatriation". The Draft Decree introduces these definitions, on the basis of which it can be assumed that the draft law is likely to be finalized taking into account the provisions of the Decree if it comes into force.
The draft Decree gives a repatriate the opportunity to choose any subject of the Russian Federation for resettlement, including those not participating in the State Program (that is, including Moscow and St. Petersburg) for permanent residence. But after being registered as a participant in the State Program in the territorial body of the Ministry of Internal Affairs of the selected subject, it is no longer possible to move to another subject for permanent residence, this entails the loss of participant's status.
The loss of status according to the new version of the State Program also entails the conviction of the participant for committing a crime related to drug trafficking, failure to pass the mandatory state fingerprint registration and failure to submit documents on a medical examination, as well as in the event of a decision to cancel the TRP or permanent residence permit.
At the same time, refusal to submit forged documents of knowingly false information entails a refusal to grant status and its loss only if such information or documents influence the decision of obtaining status, and being outside Russia will not be a reason for not obtaining or loss of status, if this was due to the need for emergency treatment, a serious illness of a foreign citizen, the death of his close relative who lived in a foreign country at the time of death, as well as cases of a foreign citizen being outside Russia due to business necessity.
A repatriate can also apply for participation in the State Program outside of Russia in the manner determined by the State Program (read more in our news), and simultaneously with an application for participation in the State Program, a repatriate can apply for a residence permit in Russia.
After the cancellation of the certificate of participation in the State Program previously issued to him, the repatriate will have the right to apply with a new application for participation in the State Program no earlier than one year later.
For more information, please contact the consultants of the Confidence Group company.
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