Residence permit terms of obtaining. What gives a residence permit in Russia

This post was written in collaboration with Superjob as a detailed response to a letter received by Superjob:

« I ask you to make a review of such a phenomenon as "Residence Permit" in the Russian Federation. I was inspired to write this letter by the incompetence of 99% of the personnel officers of companies who do not know the elementary laws of the Russian Federation and the Labor Code in particular.
In law, foreign citizen with a residence permit has the right to work and does not require any additional paperwork...
In fact, it turns out the opposite: you go through an interview, everything suits everyone, the matter approaches registration, as soon as they find out that the residence permit, references to a mythical, different accounting begin, although all the accounts are the same as those of the Russians. And this affects not only small companies, but also such giants as Metro Cash and Carry, Sberbank, etc.
I ask you, as a useful and informative publication, to enlighten our personnel officers, who simply cannot even look at the personnel forums, where everything is written about this. I hope for your kindness.»

Practice shows that employers often play it safe when applying for foreign citizens to work, even when there is no such need.

Let's see what rights foreign citizens with a residence permit have when applying for a job in Russian Federation.

Resident card- a document issued to a foreign citizen confirming his right to permanent residence in the Russian Federation, as well as his right to free exit and entry into the country. A residence permit issued to a stateless person is also a document proving his identity.

A residence permit is issued to a foreign citizen for five years. Upon the expiration of the residence permit, this period, upon the application of a foreign citizen submitted to the territorial body of the FMS of Russia no later than two months before the expiration of the validity of his residence permit, may be extended by five years. Number of residence permit renewals not limited.

Prior to obtaining a residence permit, a foreign citizen is obliged to live in the Russian Federation at least one year on the basis of a temporary residence permit.

For certain categories of foreign citizens, in accordance with international treaties, it is possible, bypassing the stage of obtaining a temporary residence permit, to apply for a residence permit. These foreign nationals are citizens of the Republic of Belarus, and citizens of Turkmenistan and stateless persons resettling from Turkmenistan to Russia in accordance with the Agreement between the Russian Federation and Turkmenistan on the regulation of the resettlement process and the protection of the rights of migrants and who own residential premises in Russia.

Also, without obtaining a temporary residence permit, a residence permit can be issued to those who arrived in the Russian Federation highly qualified professionals and their families.

The procedure for issuing a residence permit is established Federal Law of July 25, 2002 No. 115-FZ"On the legal status of foreign citizens in the Russian Federation" and administrative regulations provision by the Federal Migration Service public service on issuance to foreign citizens and stateless persons of a residence permit in the Russian Federation, approved by order of the FMS of Russia dated April 22, 2013 No. 215.

A complete list of persons who do not need a work permit, specified in paragraph 4 of Art. 13 Federal Law of July 25, 2002 No. 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation", in particular:

Employees of embassies and diplomatic missions;

consular officers;

Employees of international organizations;

Journalists accredited to work in Russia;

Participants in assisted return home programs Russian citizens who live abroad;

People studying in Russia and wishing to work during holidays or after school hours;

Teachers or scientists engaged in teaching activities and scientific research;

Representatives of foreign suppliers or manufacturers, if you need to install equipment or perform its warranty service

The same Law provides for the division of all foreigners in Russia according to the following criteria:

- Temporarily staying - persons who are in Russia on the basis of a migration card for a period of not more than 90 days (arrived on the basis of a visa or without it). In case of conclusion with a temporary resident employment contract, the validity of the migration card extended by one year;

- Temporary residents - persons who are allowed to stay on the territory of the Russian Federation for up to 3 years, they must apply annually to the migration service to confirm their status;

- permanent residents - persons who have received a residence permit, i.e., recognized as permanently living in the territory of Russia.

Employment of foreign citizens and official registration depends on their status in Russia.

Employment persons with a residence permit is carried out in the same manner as the employment of Russians with the provision of the same social guarantees.

A residence permit confirms the rights of a foreign citizen to permanently reside in the Russian Federation, move freely, enter and leave.

Notify state institutions and departments of the employment of a foreign citizen with a residence permit, his dismissal from work and other events in his labor activity not required.

To apply for a job of a foreign citizen who has a residence permit, one should:

1. Request the documents listed in Part 1 of Art. 65 of the Labor Code of the Russian Federation. Demand from foreign workers documentation military registration no need, since foreign citizens are not liable for military service in Russia, that is, they cannot serve on conscription, be in the reserve, etc. (Clause 1, Article 1, Clause 1, Article 2 of Federal Law No. 53-FZ of March 28, 1998, Clause 1 of Article 15 of Federal Law No. 115-FZ of July 25, 2002).

When concluding an employment contract, issue an insurance certificate of state pension insurance, if it is absent (part 4, article 65 of the Labor Code of the Russian Federation, paragraph 1, paragraph 1, article 7 of Federal Law No. 167-FZ of December 15, 2001).

2. Make sure Is the residence permit expired? in Russia, drawn up on a letterhead in the prescribed form.

3. Conclude with the employee employment contract(urgent or for an indefinite period) in accordance with Art. 67 of the Labor Code of the Russian Federation.

4. Publish The order of acceptance to work and familiarize the employee against signature within three days from the date of the actual start of work (parts 1, 2 of article 68 of the Labor Code of the Russian Federation).

5. In case of absence work book it needs to be formalized. Records of work should be made in a Russian-style work book (you can keep books issued in the territory former USSR on the forms in force in Russia to date). If an employee has employment history foreign sample, you need to get him a Russian work book as an employee entering work for the first time (clause 4, article 65, article 66 of the Labor Code of the Russian Federation, letter from Rostrud No. 908-6-1 dated June 15, 2005). An entry on employment in the work book is made in accordance with clause 3.1 of the Instruction, approved. Decree of the Ministry of Labor of the Russian Federation No. 69 of October 10, 2003 (clause 4 of the Rules, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003).

6. Issue to a foreign worker personal card(clause 12 of the Rules, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003).

Foreign citizens who have received a residence permit, considered residents, i.e. persons who actually stayed in Russia for 183 or more days a year, and pay a tax of 13%(regulated by letter N 03-05-01-04/56 dated October 25, 2004 of the Ministry of Finance of the Russian Federation and in accordance with the time sheet)

You can learn more about this and other aspects of working with foreign citizens on the course Foreign workers: attraction and registration: http://www.specialist.ru/course/inrab

Come, you are always welcome!

Documents for registration of a residence permit (RP) can be submitted after receipt (RP), no later than six months before the expiration of the RVP. At the same time, a residence permit will be issued no earlier than 1 year from the date of residence on the status of a temporary residence permit.
The term for consideration of documents for a residence permit is 6 months.

From the moment of obtaining a residence permit, a foreign citizen has all the rights of citizens of the Russian Federation, with the exception of the right to vote. The only restriction is the need to stay on the territory of the Russian Federation for at least 180 days a year. Foreign citizens who arrived on a visa basis can enter and leave the Russian Federation without issuing visas. Labor activity can be carried out without obtaining a work permit.

A residence permit is issued for a period of 5 years. When extending a residence permit, you must submit documents at least for 6 months before the expiration of the current residence permit.

After obtaining a residence permit, a foreign citizen must:

1. During 7 business days after obtaining a residence permit, register with the territorial FMS.
2. Annually notify the territorial Federal Migration Service at the place of registration about confirmation of their residence in the Russian Federation.

List of documents for obtaining a residence permit

1. Application
2. 4 personal photographs sized 35x45 mm in black and white or color with a clear image of the full face without a headdress.
3. Passport (notarized translation)
4. Temporary residence permit issued in the prescribed manner. (copy of RVP stamp and copy of registration)
5. A document confirming that the applicant has funds that provide him and his family members while living in the Russian Federation living wage, or a document confirming his disability (certificate of income individual, declaration of income with a mark of the tax authority, certificate of employment, work book, pension certificate, certificate of the authority social protection on receipt of benefits, confirmation of receipt of alimony, certificate of the presence of a deposit in a credit institution indicating the account number, certificate of the right to inheritance, certificate of income of the person who is dependent on the applicant, other document confirming the receipt of income from activities not prohibited by law, or disability).
These documents must confirm that the applicant has funds for a period not exceeding one year from the date of receipt of the residence permit.
6. A document confirming the availability of residential premises on the grounds provided for by the legislation of the Russian Federation.
7. Medical certificates
8. A foreign citizen who received a temporary residence permit without taking into account the quota on the grounds listed below must provide the relevant documents:
On the basis of marriage with a citizen of the Russian Federation - marriage certificate and passport of the spouse (notarized copy)
On the basis of birth in the territory of the Russian Federation - birth certificate (notarized copy)
On the basis of a child who is a citizen of the Russian Federation - a birth certificate of the child (notarized copy)
On the basis of a disabled parent who is a citizen of the Russian Federation - the parent's passport (notarized copy), birth certificate (notarized copy), a document confirming the parent's incapacity (pension certificate, certificate of a disabled person)
9. Confirmation of tax registration (TIN)
10. Extract from the house book
11. Copy of financial personal account.

In Russia? Many migrants who came to Russia want to receive this document. A residence permit is almost like obtaining citizenship, which equalizes its owner with the rest of the inhabitants of Russia in rights. While staying in the country, it is important to know what rights you can use and what duties you must fulfill.

Rights that a foreigner receives along with a residence permit

A residence permit can be seen as an intermediate step towards obtaining citizenship. But on the other hand, for people who want to retain their citizenship, but at the same time have the maximum possible rights in Russia, you can stop at obtaining a residence permit. Especially since it is issued five years and can be renewed an unlimited number of times.

A person who has received a residence permit can safely move around the territory of Russia, not limited to the boundaries of one subject of the federation. The main condition here is the availability of accommodation. If within three years from the date of obtaining a residence permit, a migrant does not bother to formalize at least some kind of rental relationship, he can be expelled from the country.

The owner of a residence permit can work at any enterprise without issuing additional work permits and acquiring patents. But it is still necessary to work, if the migrant cannot provide himself with money, at least within the framework of the minimum income, this will lead to the cancellation of the residence permit. In addition to choosing a place of work, the choice of a place of study is also free. Can be applied to any higher university on a par with other applicants.

The social security of a foreigner is also equated to the citizens of the Russian Federation. This applies to pensions and medical services.

Obligations of a person holding a residence permit

A person who has received a residence permit, however, must comply with the basic rules that will allow him to maintain his status and stay in Russia. Cancellation of a document may result in:

Participation in terrorist movements;
Was deported or subjected to administrative expulsion from the Russian Federation;
Submitted false documents or provided false information to obtain their status;
He committed a serious crime, for which he was convicted, repeatedly brought to administrative responsibility;
Cannot contain himself;
Traveled out of Russia for more than six months during a calendar year;

It follows from this that a foreigner must lead a decent life, not violate the laws, like any citizen of Russia. But in addition to the punishment specified in the law, measures to annul the residence permit can still be applied to him.

Residence permit expiration

As mentioned earlier, the residence permit is issued for five years with the right to renew. You need to extend the residence permit at the Federal Migration Service, applying there two months in advance. If the rights that a residence permit in Russia gives a person are not enough, then you can try to apply for citizenship, but not earlier than five years of continuous residence in the Russian Federation are over.

What gives a residence permit in Russia: current questions and answers

A residence permit is a document that confirms the right of a foreign citizen to permanently reside in Russia. If the RVP looks like a stamp in the passport, then the residence permit is an identity card. Below, in the form of a table, answers to the most popular questions are presented, including what gives a residence permit in Russia, and what are the features of its renewal. If you want to know more detailed information taking into account your particular situation, call and sign up for a consultation with lawyer Murzakova E.M.

What gives a residence permit in Russia?	To move freely within the Russian Federation without prior notification of the FMS. Visa-free entry and the ability to leave the country at any time make out labor Relations with local employers without a patent. enjoy educational, medical services and count on social assistance, apply for loans and bank loans.
Where it is impossible for a migrant with a residence permit to work, besides the fact that he is forbidden to vote in elections?	be an employee of the municipal and state power, as well as organizations in the field of ensuring state security; be a member of the crew of a warship or a vessel cruising under the flag of the Russian Federation; be an air commander air transportation cargo and population; serve in the Russian armed forces.
How to get a residence permit?	have a RVP for at least a year; submit an application six months before the end of the RWP; an application for the extension of the residence permit must be submitted a couple of months before the expiration of its validity.
List of documents for obtaining a residence permit:	RVP; passport of a foreign citizen; receipt of payment of the fee; application filled in 2 copies; photo in the amount of 4 pieces; receipt of payment of the cost of the patent, certificate 2-NDFL and other certificates indicating the availability of funds; a certificate of knowledge of the history of Russia, the Russian language and the legal framework (the test does not need to be taken by minors, pensioners, incapacitated persons, persons with a certificate of a migrant, as well as those who received education in Russia now and in Soviet times); certificate of infections: to pass a medical examination, you will need a passport, a migration card (fluorography, tests for leprosy, tuberculosis, chancroid, venous diseases, HIV, examination by a dermatologist, phthisiatrician, narcologist).
Features of the residence permit status.	With a continuous absence in the country for more than six months, the status of a residence permit may be canceled. Every year, after obtaining a permit, a migrant is required to submit information about his place of residence to the FMS. When canceling the TRP status, a foreign citizen is obliged to leave the country within 15 days.

The question of what rights gives a residence permit in Russia is of interest to many migrants, because each of them is looking for better life outside of their homeland.

The definition of "residence permit in Russia" should be understood as a paper issued to a citizen of another state or a person without citizenship, which is a confirmation of the legal right to live in the Russian Federation on a permanent basis. In the presented article, we will try to understand in more detail what rights a residence permit in the Russian Federation gives a migrant. You should also consider what a residence permit is, what options exist for its registration, and what responsibility arises before the owner of this paper.

The main aspects of residence permit

A residence permit on the territory of the Russian Federation is considered a document that is attached to the national passport of a citizen of another country. In the case of issuing a residence permit to a person without citizenship, this document will be considered as an identity card, and also indicate the absence of other citizenship.

To obtain a residence permit in Russia, you need to obtain a temporary residence permit in the republic in advance and live in it for one year. But the legislation also provides for certain other categories of foreign citizens who can obtain a residence permit in Russia on standard terms.
By purchasing a Russian residence permit, a migrant receives the status of a resident of the country, and therefore additional rights and obligations.

Almost the same rights as in a passport, a residence permit provides a future citizen:

receiving a pension;
the ability to choose the region of the country in which he wants to live;
the right to be elected to self-government bodies;
get a job in any city without the need to hold a patent or other permission.

The presence of a residence permit will give a foreigner the right to apply for Russian citizenship in the future. I would like to note that in the absence of a desire to apply for citizenship, a person can continue to live on the territory of the federation. This nuance will not be considered an offense, because the extension of a residence permit in Russia can be done many times.

Responsibility of foreigners to the Russian Federation and the list of required papers

Notwithstanding the above rights, under legislative acts there are some obligations for foreigners who acquire a residence permit.

A foreign obligated citizen must be responsible for the legal side of life in the country, for legislative acts, and also steadily comply with their rules. Indeed, otherwise the result will be very deplorable, the residence permit may be canceled or the owner of this document may be held criminally or administratively liable.
To the duties that a resident must perform (for example, former citizen Estonia), also include:

Confirm residence on the property of the state by visiting the Migration Service annually. This can be done by personally contacting the regional office of the migration service, using mail or an Internet resource (by visiting the website of public services).
Try not to stay outside the Russian Federation for more than 180 days, because this can lead to the cancellation of the residence permit.
Provide yourself and your family with a life at a decent level in the financial plan of this issue, without using state assistance (financial security should be slightly more than the subsistence level established by the state). If this condition is not met, there is a risk that the residence permit will be cancelled. Disabled persons are not included in this paragraph.

To obtain a residence permit in Russia, the applicant must submit the following documents to the regional department of the Federal Migration Service:

application form filled in two copies;
photographs 35 × 45 mm in the amount of four pieces (if the person does not have citizenship, only two photographs must be submitted);
paper that will certify the identity;
papers indicating the presence of a regular source of financial income, the amount of which must exceed the subsistence minimum and allow one to exist on a fairly favorable social level(or a certificate confirming the fact of incapacity for work);
a document certifying the presence of living space (on the grounds provided for by the legislation of the Russian Federation);
health certificate issued by a designated medical institution(it must testify to the absence of dangerous diseases of an infectious nature and dependence on narcotic substances);
certificate of absence of HIV.

The period of validity of a residence permit and options for obtaining it

As for the period of validity of a residence permit, it is five years. But it is necessary to take into account the fact (which was mentioned above) that it can be continued an unlimited number of times.

To carry out the extension of the validity period, the owner is obliged to submit a corresponding application to the Migration Service of Russia. When submitting, it must be taken into account that the application must be submitted two months before the expiration of the existing permit. In this case, the period for consideration of such an application should be up to sixty days, which means that the decision must be made before the expiration of the existing residence permit.

Attention! If a foreign person is considered a highly qualified specialist and if he is invited to work, the residence permit will be valid for the same time as the work permit will be valid.

It is possible to extend the residence permit in the following cases:

Obtaining a new document that will allow you to work on the territory of the country.
Termination of the employment contract before the specified time and obtaining a new job by concluding a new contract with another company. The residence permit is granted for a period corresponding to the work permit.
Premature termination of the employment contract and the submission by the employer of a petition to the Federal Migration Service for the further conclusion of a new contract.

As for the timing of obtaining a residence permit in Russia, then in general order it takes about six months from the date of application. But there are cases in which this period is reduced, namely:

For persons falling under the category of foreigners, the period is reduced to ninety days.
Citizens of the Republic of Belarus are allowed to apply for a residence permit at the same time that they are registered with the Migration Service.
High-level specialists, as well as members of their families - the period is reduced to sixty days.
For individuals who take part in the State Program concerning the resettlement of former compatriots forced to live in the territories of foreign states, the period is reduced to sixty days.
Persons with the status of a native speaker of the Russian language - the period reaches fifteen days.
Persons who have received political asylum (the period is reduced to 15 days).

So we figured out what rights a residence permit in Russia gives a migrant, what categories of the population can get it, as well as what advantages and responsibilities appear to those who wish. I would like the information provided to be useful for you and help in resolving controversial issues.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

Our lawyer can advise you free of charge - write a question in the form below.