Obtaining a quota for a temporary residence permit

Obtaining a quota for a temporary residence permit

A temporary residence permit is a document that allows a foreign citizen to live and work for 3 years in the territory of the entity that issued this document.

The grounds for obtaining a temporary residence permit are specified in Articles 6, 115 of the Federal Law of 25.07.2002 "On the Legal Status of Foreign Citizens in the Territory of Russia". This article contains the grounds for submitting documents in a simplified manner, and in the absence of such, obtaining a temporary residence permit is possible only with a pre-approved quota.

If a foreign citizen has no grounds for applying for a temporary residence permit in a simplified manner, the only way to obtain a temporary residence permit in Russia is to apply for a quota approved annually by the Government of Russia, and if the result is positive, apply for a temporary residence permit on the basis of the quota allocated to him.

How to get a quota for a temporary residence permit

The quota for obtaining a temporary residence permit is approved annually by the Government of Russia and distributed among the constituent entities of Russia in accordance with the needs and demographic situation in the region.

The quota in all subjects of Russia, as a rule, is approved in the amount of 30000 to 40000 temporary residence permits annually. The quota is allocated in the amount of not more than 2000 units for each of the subjects annually for the main subjects of Russia, such as Moscow, Moscow region, Saint Petersburg and Leningrad region.

There are many times more people wishing to receive a quota for obtaining a temporary residence permit, and therefore, obtaining it becomes a very difficult process, where each individual candidate for obtaining it is considered by the Commission on the basis of criteria approved by the Government of Russia.

The Decree of the Government of Russia dated 29.12.2020 No. 2345 "On approval of the Rules for determining, adjusting and redistributing between the subjects of the temporary residence permit in Russia to foreign citizens and stateless persons, establishing and using its reserve and the Rules for distributing the quota for issuing temporary residence permits to foreign citizens and stateless persons in Russia by commissions, formed in the constituent entities of Russia" came into force on 14.01.2021.

In accordance with the new rules, the decision on the distribution of the quota for a temporary residence permit is made by voting. Priority in the distribution of quotas is given to law-abiding and educated foreign citizens.

Among the main criteria, the following are also considered:

• work in one of the constituent entities of Russia for at least 6 months in total in each year, for 3 years. At the same time, the employer of a foreign citizen must pay insurance premiums to the Pension Fund of Russia;

• the absence of facts of violation of the law in the applicant's biography;

• the presence of a specialty or profession, its relevance in the labor market;

• availability of a legal source of income;

• availability of education/qualifications in another state;

• the presence of relatives-citizens of Russia living in Russia, as well as the presence of living quarters in Russia.

Please note that even full compliance with the above criteria does not guarantee a quota for a temporary residence permit, and considering the deterioration of diplomatic and other relations between states, citizens of such states may be denied a quota for citizenship.

Also, when deciding on the allocation of a quota for a temporary residence permit, the following factors may be considered:

·      the level of relations between the state from which the applicant arrived and Russia, the degree of their stability and trust;

·      prevailing foreign policy and domestic political trends influencing migration of the population;

·      demographic, cultural, religious and other social characteristics inherent with the indigenous population living in the subject of Russia;

·      the criminal situation in the region, etc.

How and where to apply for a quota for a temporary residence permit

As a rule, documents for obtaining a quota are submitted in the first days of each month and no later than the 5^th day of the month in which the meeting of the quota commission is expected personally by the applicant to the territorial body of the Ministry of Internal Affairs of the constituent entity of Russia, in which he is supposed to live/work.

The commission considers the applications of foreign citizens within a month. If the result is positive, the commission posts lists of happy owners of the coveted quota for obtaining a temporary residence permit in the territorial division of the Ministry of Internal Affairs within 1-2 weeks after the completion of the commission, as a rule.

You can apply for a residence permit on the basis of the allocated quota immediately after finding the name of the foreign citizen in the corresponding list. Please note that the quota allocated for a foreign citizen applies only to the calendar year in which the decision to allocate the quota was made, thus, it is necessary to apply for a temporary residence permit not later than the last appointment day of the Ministry of Internal Affairs in the current calendar year.

If a foreign citizen has been denied a quota for a temporary residence permit, he can re-submit documents for consideration in the soonest possible time for submitting documents.

The law does not provide grounds for refusing to issue a quota, and, accordingly, it is impossible to appeal the decision to refuse quota issuance in court.

Documents for obtaining a quota for a temporary residence permit

You must provide the following documents to apply for a quota for obtaining a temporary residence permit:

·           an application in the established form;

·           a copy of the passport or a notarized copy of its translation;

·           a copy of the migration card;

·           a copy of the notification of arrival at the place of stay;

·           copies of documents confirming the information specified in the application (for example, a document on education; documents confirming family ties with those living in Moscow on a temporary residence permit or residence permit or citizens of Russia who are family members or close relatives of the applicant; work permit/patent, employment contract, certificate of state registration of ownership of living quarters, account statements on the availability of funds, etc.).

The issuance of a quota for a temporary residence permit is not subject to a state fee.

Rights of a foreign citizen who has received a temporary residence permit

A foreign citizen who has received a temporary residence permit becomes a temporary resident of Russia. A citizen or stateless person can perform the following actions if having a temporary residence permit:

·           freely enter and leave the territory of Russia;

·           legally work in a constituent entity of Russia without obtaining a work patent and a work permit;

·           register your own company or become an individual entrepreneur;

·           get free medical care and visit state medical institutions at the place of residence.