September 18, 2018, Confidence Group company took part in discussion in the Public Chamber of Russia on a draft law aimed at counteracting fictitious marriages in migration sphere.
On June 13, 2018, the draft law No. 485876-7 "On amendments to articles 6 and 11 of the Federal Law "On the legal status of foreign citizens in the Russian Federation" aimed at counteracting fictitious marriages with foreign citizens was submitted to the State Duma. The bill provides that only the subject of the Russian Federation where his relatives live (parents, son, daughter, husband or wife, etc.), the presence of which is the basis for quota-free issuance of the temporary residence permit (TRP), is the place of the quota-free grant of a TRP to a foreign citizen.
This bill also provides for a ban on arbitrary change of residence place of a foreign citizen who has a TRP (including within the subject of the Russian Federation in which he was issued a TRP). The exception is foreign citizens who have a TRP, which changes their place of residence in connection with relocation of a relative (whose presence was the basis for the non-quota issuance of a TRP) to a new place of residence; as well as foreign citizens participating in the state program for the resettlement of compatriots living abroad.
Authors of the bill suggest that these norms will counteract the practice of concluding fictitious marriages in Russia between foreign citizens and citizens of Russia for obtaining a TRP.
The Confidence Group company was invited as experts to zero hearings of this draft law in the Public Chamber of Russia.
September 18, 2018, Confidence Group company took part in discussion in the Public Chamber of Russia on the draft law.
The lawyers of Confidence Group have prepared a conclusion, which includes the following arguments. Adoption of the draft law in proposed form will not lead to a reduction in abuse, since abuses (including fictitious marriages) will be carried out by unscrupulous persons initially in the subject of the Russian Federation, in which they plan to live and work. At the same time, the number of fictitious marriages in "attractive" subjects of the Russian Federation may increase, but in the "unattractive" subjects of the Russian Federation - may decrease somewhat.
The Confidence Group company put forward the following proposals to improve the effectiveness of the counteraction against fictitious marriages:
- it is necessary to clarify whether the concept of "relocation a citizen of Russia to a new place of residence" refers to cases of temporary relocation of a Russian citizen? If the residence of a citizen of Russia in a new place as a result of a temporary move does not fit the phrase "residence", then foreign citizen who is the spouse of the temporarily moved citizen of Russia will not have the right to move with him, which would violate the rights of family members.
- we also draw attention to absence in legislation of Russia of approved procedure for refusal of temporary residence permit by foreign citizen and procedure for the cancellation of a temporary residence permit in connection with a change in circumstances that were the basis for obtaining a temporary residence permit - for example, in case of divorce and termination of marriage with a citizen of Russia, on the basis of which a foreign citizen received a temporary residence permit. We consider it necessary to develop such procedures in order to exclude the "connectedness" of a foreign citizen to TRP issued to him.
The definition of a fictitious marriage in the current legislation is vague, there are no clear criteria for identifying a fictitious marriage, which results in ineffective counteraction to fictitious marriages. Therefore, development of such criteria is necessary.
For detailed information, please contact consultants of Confidence Group.
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