From January 25, 2025, amendments to the Federal Law of 15.08.1996 N 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation” (hereinafter – “Federal Law № 114”), Federal Law of 25.07.2002 N 115-FZ “On the legal status of foreign citizens in the Russian Federation” (hereinafter – “Federal Law № 115”), established by the Federal Law of 26.10.2024 N 358-FZ will come into force:
- An ordinary private visa issued for a period of up to 1 year to a foreign citizen who is a close relative of a citizen of the Russian Federation, based on the decision of the head of the Diplomatic Mission or Consulate of the Russian Federation to issue such a visa (paragraph 4 of part 1 of Article 25.1 of the Federal Law № 114), with the authorized period of stay of this foreign citizen in the Russian Federation during the entire period of validity of the visa can be extended for a period of up to 1 year. (part 3 of article 25.6 of Federal Law No. 114).
- One of the grounds for obtaining a residence permit without taking into account the quota approved by the Government of the Russian Federation has been changed. It is assumed that in order to minimize the conclusion of fictitious marriages for obtaining a residence permit, the law introduces the period of marriage status, as well as clarifications on the presence of common children with citizens of the Russian Federation. In particular, a residence permit without a quota may be issued to a foreign citizen who has been married to a citizen of the Russian Federation permanently residing in the Russian Federation for at least three years prior to the day of application for a residence permit, or who is married to a citizen of the Russian Federation permanently residing in the Russian Federation, with whom there is a common child born (adopted) in such a marriage
– in the constituent entity of the Russian Federation, in which the place of residence of the citizen of the Russian Federation, who is his spouse, is located (subparagraph 4) of paragraph 3, Article 6, Federal Law No. 11.3). 3, Art. 6, Sub-clause 3 of Federal Law No. 115). In this case, a residence permit obtained on the above grounds shall not be issued or canceled:
– if the marriage that served as the basis for obtaining a residence permit is dissolved or recognized by the court as invalid (subparagraph 12) of paragraph 1, Article 7, paragraph 1 of the Federal Law No. 115); – if a court decision that has entered into legal force deprives such a person of parental rights / restricted parental rights in respect of a child, or the adoption is canceled, or information about this person is excluded from the child’s birth record.
- The grounds for obtaining a residence permit without obtaining a residence permit have been supplemented: In particular, a residence permit may be issued to:
– a foreign national who has a parent (adoptive parent, guardian, custodian), or a child born (adopted) in marriage to a citizen of the Russian Federation permanently residing in the Russian Federation, or an adult child who is a citizen of the Russian Federation and permanently residing in the Russian Federation (subparagraph 4 (subparagraph 2, paragraph 2, Article 8 of the Federal Law No. 115)
– a foreign citizen who has a child who is a citizen of the Russian Federation and permanently residing in the Russian Federation, the other parent of whom is a citizen of the Russian Federation, provided that there are judicially confirmed facts of joint residence in the territory of the Russian Federation of this foreign citizen with such a child and participation in its maintenance and upbringing, or joint residence in the territory of the Russian Federation of this foreign citizen with the mother (father) of such a child and maintaining a common household with her (him) for at least 3 years prior to the day of application for a residence permit.
In this case, the residence permit is not issued or canceled:
– if a court decision that has entered into legal force has deprived this person of parental rights or restricted parental rights in respect of the child, or the adoption has been canceled, or information about this person has been excluded from the child’s birth record (paragraph 6 of Art. 9 of Federal Law No. 115);
– if the person has previously concluded a marriage with a citizen of the Russian Federation, which served as the basis for obtaining a residence permit, which is the basis for issuing a residence permit, and such a marriage has been dissolved or recognized by the court as invalid (subparagraph 12), paragraph 1, Art. 9 of Federal Law No. 115) Article 9 (1) (12) of Federal Law No. 115).
Author
Olga Tumasova
- Senior lawyer, labour and migration practice
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