With this draft law, according to the explanatory note, deputies want to limit “shadow” opportunities for foreign citizens to obtain the right to reside in Russia on the basis of fictitious registration of acts of civil status, such as marriage, adoption and establishment of paternity.
As a general rule as it is now, a foreign citizen receives a temporary residence permit (TRP) within the quota annually approved by the Russian Government. To obtain the right to permanent residence or a residence permit (RP), a foreigner must obtain a temporary residence permit and reside on its basis in Russia for at least a year.
Foreigners can obtain a temporary residence permit without taking into account quotas and a residence permit without first obtaining a temporary residence permit if certain conditions are met, including marriage with a Russian citizen permanently residing in Russia and having children who are Russian citizens.
At the same time, foreigners, in order to obtain temporary residence permits and residence permits in Russia in simplified manner, use the institution of marriage without the intention of creating a family, since the current legislation does not provide for this conditions for the duration of marriage with a Russian citizen or other family circumstances and terms.
The draft law proposes to introduce the following additional requirements:
1) to obtain a temporary residence permit outside the quota, foreign citizen will need to be married to a Russian citizen for at least 2 years, or have joint children
2) It is proposed not to issue a temporary residence permit, but to cancel the issued one, if the basis for its obtaining was:
- the birth of a child, adoption or establishment of paternity, but the foreign citizen was subsequently deprived of parental rights, the adoption was canceled or the record of establishing paternity was annulled (now this is only possible if the marriage that used as the basis was annulled);
- the presence of a child born or adopted in marriage with a Russian citizen, but the foreign citizen was deprived of parental rights, the adoption was canceled or the record of establishing paternity was annulled.
3) A residence permit in a simplified procedure for the presence of children permanently residing in Russia who are Russian citizens is proposed to be issued only if:
- such a child was born or adopted in marriage with a Russian citizen;
- aт adult child (more than 18);
- if the marriage where the child of Russian citizens was born or adopted was not registered, but the fact of the parents’ cohabitation was approved in court;
- the only parent of such a child.
4) it is proposed to cancel a previously received residence permit if it was issued without obtaining a temporary residence permit on the basis of:
- a marriage subsequently declared invalid;
- the presence of a child in respect of whom the decision on adoption has been canceled or the record of establishing paternity has been annulled.
We are closely monitoring the consideration of the draft law, and will notify you of any significant events and changes.
Source: Official website of the bills
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