Temporary residence permit under the quota

Obtaining a temporary residence permit under the quota

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". Both quota and quota-free grounds are among them.

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 based on the quota allocated to him.

Please note that the foreign citizen needs to go through the following stages of legalization in Russia if the final goal of the foreign citizen is to obtain citizenship of Russia:

1. Getting a quota.

2. Obtaining a temporary residence permit based on the allocated quota.

3. Residence in Russia for at least 8 months from the date of receiving the temporary residence permit.

4. Obtaining a residence permit.

5. Residence in Russia for at least 5 years.

6. Obtaining citizenship of Russia.

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 based on 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 based on 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.

There is no state fee for consideration of documents for the issuance of a quota for a temporary residence permit.

Where to receive a temporary residence permit under the quota

It is possible to submit a package of documents for a temporary residence permit under a quota only by personally contacting the territorial unit of the Ministry of Internal Affairs at the place of stay.

Terms for obtaining a temporary residence permit

If a foreign citizen arrived in Russia in a manner requiring a visa, the application for a temporary residence permit is considered for about 4 months from the date of submission of documents. For foreign citizens staying in Russia on a visa-free basis, the period for consideration of documents is 45-50 working days.

Please note that there is pre-appointment for the submission of documents, which is conducted 1-2 months in advance, depending on the number of applications.

List of documents for registration of a temporary residence permit for a capable adult foreign citizen:

·         2 copies of the completed application for the issuance of a temporary residence permit;

·         2 photos sized 35×45 mm;

·         identity document + its translation;

·         documents confirming that a foreign citizen does not have drug addiction and infectious diseases that pose danger to others, provided for in the list approved by the federal executive body authorized by the Government of Russia, as well as a certificate of the applicant's absence of a disease caused by the human immunodeficiency virus (HIV infection);

·         a document confirming the absence of a criminal record or, if any, containing information about the crime for which the applicant was convicted (for applicants over 14 years of age). This document is not submitted by a foreign citizen who arrived in Russia in a manner that does not require a visa;

·         a document confirming the foreign citizen's proficiency in Russian language, knowledge of the history of Russia and the basics of the legislation of Russia.

·         notification of migration registration + its copy;

·         migration card + its copy.

Confirmation of proficiency in Russian language, knowledge of the history of Russia and the basics of the legislation of Russia

One of the conditions for obtaining a temporary residence permit in Russia for foreign citizens is to obtain confirmation of proficiency in Russian language, knowledge of the history of Russia and the basics of the legislation of Russia.

Who does not need to be tested to confirm proficiency in Russian language, knowledge of the history of Russia and the basics of the legislation of Russia

The legislation establishes the following list of persons who are not required to be tested:

·         incapacitated foreign citizens and stateless persons;

·         minor foreign citizens and stateless persons (children under the age of 18);

·         men after 65 years and women after 60 years (retirement age);

·         participants in the program of resettlement of compatriots;

·         foreign citizens and stateless persons who have received the status of a native speaker of Russian language;

·         highly qualified specialists (HQS);

·         citizens of Belarus;

·         citizens of LPR and DPR.

Medical examination for obtaining a temporary residence permit

Foreign citizens wishing to obtain a temporary residence permit must undergo a mandatory medical examination in any medical organization from the list of approved organizations in the relevant subject of Russia.

Medical examination of foreign citizens and stateless persons is carried out to confirm the presence or absence of drug addiction and infectious diseases that pose danger to others.

The list of infectious diseases that pose danger to others and are the basis for refusing to issue or cancellation of the temporary residence permit is as follows:

·         tuberculosis;

·         leprosy (Hansen's disease);

·         syphilis;

·         HIV;

·         COVID-19.

Fingerprint registration of foreign citizens

The procedure of fingerprint registration of all foreign citizens who have reached the age of 6 is a mandatory condition for obtaining a temporary residence permit.

As a result of the procedure, a fingerprint card (dactocard) is issued to those persons who entered Russia after 21.12.2021.

Registration at the place of residence/migration registration

After receiving the temporary residence permit, the foreign citizen must apply to the territorial unit of the Main Department of Internal Affairs of the Ministry of Internal Affairs of Russia for registration at the location of the living premises within 7 working days.

Legalization of documents for citizens from countries with visa regime with Russia

When applying for a temporary residence permit for citizens from countries with visa regime with Russia, in addition to their correct completion, their legalization on the territory of Russia is required.

There are two options for this:

·         Official documents and acts issued by organizations and institutions of foreign states that are part of the Hague Convention of October 5, 1961, are accepted for consideration if they have an apostille.

·         Official documents and acts issued by organizations and institutions of foreign states that are not part of the Hague Convention of October 5, 1961, are subject to consular legalization.

Annual notification of residency

A foreign citizen who has a temporary residence permit on the territory of Russia, must personally or using public information and telecommunication networks (for example, the State Services portal) submit a notification of confirmation of his residence in Russia attaching a certificate of income, copies of a tax return statement or other document confirming the amount and source of income for the latest year to the territorial body of the Ministry of Internal Affairs within 2 months from the date of expiration of the next year from the date of receipt of the temporary residence permit. Submission of documents through a representative is not provided.

Important: the specified notification can be submitted at a later date in case of admissible excuses, but not later than 6 months from the date of expiration of the next year from the date of receipt of the temporary residence permit. Documents confirming the impossibility of submitting this notification within the prescribed period may be submitted in an electronic form.

Late submission of the notification of residency in Russia is an administrative offense for which a fine with or without administrative expulsion is provided.

What date is considered the date of receipt of the temporary residence permit

The date of receipt of the temporary residence permit is the date of actual stamping in the passport.

Obtaining a temporary residence permit visa

A temporary resident visa is issued to foreign citizens based on a temporary residence permit in Russia. The visa is multiple entry, the validity of the temporary resident visa is equal to the validity period of the temporary residence permit, which is 3 years.

If a positive decision is made to issue a temporary residence permit for a foreign citizen, simultaneously with its receipt, a temporary resident visa will be affixed to his passport.

Please note that a visa is not required for citizens of one of the following countries, in accordance with international agreements providing for visa-free entry for citizens with a temporary residence permit in Russia, namely:

·         Germany;

·         Bosnia and Herzegovina;

·         Republic of Macedonia;

·         Mongolia;

·         Republic of Croatia;

·         Republic of Poland;

·         Republic of Serbia;

·         Republic of Italy;

·         Republic of Turkey;

·         Montenegro.

Also, according to the Decree of the President of Russia of June 17, 2008, No. 977 "On the Procedure for Entry into Russia and Exit from Russia of Stateless Persons Residing in the Republic of Latvia or the Republic of Estonia", a stateless person residing in the territory of Latvia and Estonia is not required to apply for a visa.

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. The citizen or stateless person having a temporary residence permit can do the following:

·           freely enter the territory of Russia and leave the country;

·           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.