Legal awareness.
What rights does a foreigner have in Russia?
Let’s have a look at some very important topics that any foreign citizen, who comes to Russia to live, work and study is likely to encounter. Here we will help you understand what rights and freedoms each migrant has, how to avoid administrative offenses on the territory of the Russian Federation, how to get the most out of digital tools to obtain documents, certificates and necessary information. You’ll also get to know how to fill out forms and applications correctly.
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Rights, freedoms and responsibilities
According to the Constitution of the Russian Federation, foreigners are endowed with the same rights as Russian citizens, with the exception of certain cases established by federal law or international treaty. Foreign citizens who stay in the territory of the Russian Federation are divided into 3 categories:
Rights and freedoms
- To life, privacy, personal family secret, protection of one’s honor.
- To liberty and personal security.
- To freedom of movement within the territory of the Russian Federation, choice of place of stay and residence.
- To freedom of conscience and religion.
- To access to cultural property, as well as participation in cultural life and use of cultural institutions.
- To apply to courts and other state bodies for protection of personal, property, family and other rights of foreigners.
- To conclude and dissolve marriages with citizens of the Russian Federation and other persons in accordance with the laws of the Russian Federation.
- To political asylum in accordance with universally recognized norms of international law.
- To participate in labor relations.
- To the property and the title to the property.
- To inherit and bequeath property.
- For entrepreneurial and any other activity not prohibited by law.
- To establish legal entities independently or jointly with other citizens and legal entities.
- To make any lawful transactions and participate in obligations, as well as other property and personal non-property rights.
Labor rights peculiarities. The reasons to apply for a patent and work permit
Only adult foreigners with a work permit or a patent may work in Russia. Visa owners need to get a work permit, while a patent is an option for those who don’t have a visa.
However, there are exceptions to this rule, according to Part 4 of the Article 13 of the Federal Law of July 25, 2002 “On the Legal Status of Foreign Citizens in the Russian Federation” (О правовом положении иностранных граждан в Российской Федерации).
Neither a patent nor a work permit is required from citizens of Kyrgyzstan, Kazakhstan, Belarus and Armenia, as these countries are part of the common Eurasian Economic Union together with Russia.
The patent is necessary for migrants who do not need a visa to stay in Russia, for example: Tajikistan, Azerbaijan, Uzbekistan, Abkhazia and even Macedonia, South Africa, Argentina and others.
To obtain a patent, one needs to undergo migration registration at the place of stay, make a notarized translation of the passport, undergo a medical examination, confirm basic knowledge of the Russian language, take a photo and undergo a dactyloscopy procedure. Both a patent and a work permit are issued in the migration units of the Ministry of Internal Affairs (МВД).
A foreign citizen who is temporarily staying in Russia may only get a job in the region where the patent was issued and only in the specialty specified in it. A temporary residence permit also allows to work only in the region where the document was issued.
A permanent residence permit gives the right to work in any region of Russia, and also provides the holder with additional social guarantees, for example: payment of sick leave certificate, child allowances, pension payments, unemployment benefits, free medical care, the right to tax deductions, free places in kindergartens and schools, and preferential travel in public transport for certain categories of citizens.
Foreigners who have obtained a temporary or permanent residence permit do not need a patent or work permit.
Also, the above rules do not apply:
On participants of the state program to assist voluntary resettlement in the Russian Federation of compatriots living abroad and their family members resettling with them.
On those studying in Russia at professional educational organizations or organizations of higher education and working on vacation or in their free time.
On those who have refugee status or have been granted temporary asylum in Russia.
Foreign citizens, when obtaining work permits in accordance with Articles 13.2 and 13.5 of this Federal Law, shall be subject to mandatory state dactyloscopic registration and photographing.
TRP and PRP: what’s that?
Let’s take a closer look at a temporary residence permit (TRP).
It is a mark in a foreign citizen’s international passport, which gives the right to live and work in Russia for 3 years. This eligibility must be confirmed each year. When the 3-year period expires, it is necessary to apply for a PRP or a new TRP.
A permanent residence permit (PRP) is another type of a permission for a long-term stay in a country.
It is a document giving a foreigner the right to live in Russia and to enter and leave Russia without hindrance. Obtaining an PRP is an important step before applying for citizenship permit. Please note that this document also needs to be confirmed by an income statement each year.
Types of professional activities prohibited for migrants
- Being occupied in municipal service.
- To hold the position of a captain, senior assistant captain, senior mechanic and radio specialist as a member of the crew of an aircraft under the National flag of the Russian Federation.
- To be a crew member of the Russian Federation warship or other vessel used for non-commercial purposes.
- Being the commander of an experimental aircraft.
- To be employed at facilities and organizations whose activities are related to the security of the Russian Federation.
- Being a notary public or patent attorney.
- To hold a position in state forensic institutions.
Rights to health care
Foreign citizens in Russia are entitled to emergency medical care and other medical services if they have a compulsory or voluntary insurance policy.
Citizens of the Eurasian Economic Union (EAEU), as well as foreigners and refugees temporarily and permanently residing in the Russian Federation after official employment can obtain a compulsory health insurance (CHI) policy. This type of insurance gives access to a list of free medical services that are also available to Russians.
A voluntary health insurance (VHI) policy must be issued to every foreigner when entering Russia, including children. Services under this type of insurance usually include emergency medical care and a range of other medical services, including visits to private clinics.
To avoid a fine, it is recommended to take out a VHI policy on the first day of your stay in Russia or before entering the country.
Please note that such a policy must be valid throughout Russia, and the amount of insurance must be at least 100,000 rubles.
Rights to buy or rent a home
Foreign citizens have the right to buy or rent apartments and country plots, but it is worth remembering that the purchase of any housing in Russia does not entitle them to apply for a temporary or permanent residence permit. Home ownership is not conducive to expediting the above documents.
There are a few exceptions to migrants’ rights to private property in Russia:
- it is not allowed to own land plots in the border territories of the Russian Federation;
- state or municipally owned land plots are provided to foreigners only for a fee;
- agricultural land plots can only be leased.
Responsibilities of migrants
- Fill out a migration card upon entry and hand it in to an official upon departure from the territory of the Russian Federation.
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Observe the rules of migration registration, namely:
- Have valid documents that confirm status and residence, i.e. a Russian ID card or a temporary or permanent residence permit.
- Apply to the migration authority for registration at the place of stay with documents that confirm the status and residence in the country.
- To pass migration registration at the place of stay, even if you are temporarily in another city.
- Leave the Russian Federation upon expiration and reduction of the period established for legal stay on the territory of the country and upon revocation of the TRP / PRP.
- Within two months after the expiration of one year from the date of obtaining a TRP, submit a notification on its confirmation with a document stating the amount and source of income for the specified year. If there are valid reasons, such as illness or death of a relative, this period may increase to 6 months.
- To submit an application for replacement of the PRP in time. When you reach the ages of 14, 20 and 45, as well as when you change your last name or if the document has become unusable.
- Within two or six months, if there are good reasons, after one year from the date of obtaining a PRP, to confirm your permanent residence in Russia.
Learn more about the rights, freedoms and responsibilities of citizens here: Russian Constitution
Administrative offenses
A migrant in Russia may face an unexpected and unpleasant situation when they need to pay a fine for administrative offenses, or find themselves at the risk of deportation. Despite the fact that it sounds threatening, everything is not so terrible for a foreign citizen in Russia who knows his rights and observes certain rules.
The difference between expulsion and deportation
Aside from deportation, there is also such a concept as “expulsion” in the legislation of the Russian Federation. They are distinguished by the following:
Expulsion may be ordered only on the basis of a court order.
No protocol is required for deportation, and the issue of deportation is settled by the head of the migration authority, not by the court.
Possible reasons for deportation
- You don’t have a health insurance.
- You have not registered for migration registration or registration renewal.
- You’re working illegally.
- You have not submitted a notification of residence in Russia under TRP or PRP.
- You used false documents or reported false information.
- You have violated the duration of stay in the Russian Federation.
- Your presence in the Russian Federation was considered undesirable.
A number of state bodies may decide that a foreign citizen’s stay in Russia is undesirable: Ministry of Internal Affairs (МВД), Federal Security Service (FSS; ФСБ), Ministry of Justice (МинЮст), and “Rospotrebnadzor” (Роспотребнадзор). Such a decision may be taken in the case of a foreign national:
- Is a carrier of the following diseases: tuberculosis, sexually transmitted diseases or HIV.
- Convicted by court sentence for a crime in the Russian Federation.
- Dangerous to public order and security of Russia or linked to extremism and terrorism.
Cancellation of undesirable stay is more time-consuming in contrast to the ban on entry and expulsion and implies a greater number of stages, visits to the authorities, and requires a serious approach to the preparation of the necessary documentation.
If the law provides for a shortened period of stay in the Russian Federation, the person is obliged to leave the country within 3 days. In all other cases, you must leave Russia within 15 days.
Possible reasons for expulsion
- Actions that contradict the state security of Russia.
- Multiple violations of migration legislation.
- Public order offenses.
- Violations of the rules of crossing the state border.
- Administrative Misconduct.
How to avoid deportation and expulsion
If you are responsible for the documents that confirm the legality of your stay in Russia, renew your visas in a timely manner, comply with the deadlines for visa-free entry, renew your permanent residence permit in a timely manner and do not violate Russian legislation, you will not face deportation and expulsion from the country.
A deportation decision may be appealed within 3 months of becoming aware of it. If the case went to court and a decision was made to forcibly expel the person from the Russian Federation, the appeal period is 10 days.
It is possible to avoid deportation if the offense was committed by a migrant who has close relatives, spouse or minor children living in the Russian Federation. If the foreigner is a full-time student of a university or educational institution. If he/she needs medical assistance in the territory of the Russian Federation.
Also, deportation does not apply to foreigners who violated the law for the first time if they have a permanent place of work, real estate in the Russian Federation and so on.
It is also important to remember that the decision on the possibility of deportation is made on the basis of the circumstances of the offense and taking into account the characteristics of the individual. So if you see that you fall under one of these points, refer it in court.
Fines for administrative offenses
There are 3 types of administrative violations for which foreign citizens can be fined in the territory of the Russian Federation:
There are also administrative violations that apply not only to Russians, but also to foreigners. These include, for example, failure to obey traffic laws both as a driver and as a pedestrian. It is important to realize that any administrative violations committed twice may result in unpleasant consequences for a foreigner.
Remember that by following the rules, you can avoid fines. In addition, you can always take advantage of numerous free legal services for migrants in Russia, where they will answer all your questions and help you understand complex situations.
“Госуслуги” service
To facilitate the paperwork required to migrate to Russia and live comfortably here, take advantage of online applications and services. They have seamlessly integrated into the lives of Russians, and help in solving many bureaucratic and household matters.
Bank and store, marketplace, and delivery service apps are successfully operating online.
The most popular Russian online resource for dealing with documents and various life circumstances is the “Gosuslugi” (Госуслуги) portal.
Here you can execute documents, receive extracts and all kinds of certificates electronically, as well as request up-to-date legal information.
What “Госуслуги” has to offer to foreigners?
Foreign citizens have been using the “Госуслуги” portal since 2010. The most popular services for foreigners on the portal are:
- Employment Law Advice.
- Migration registration.
- Obtaining the right to drive a vehicle.
- Feedback on free hot meals for elementary school students.
- Doctor’s appointment.
- Informing about the provision of social assistance.
- Complaint against the decision of the controlling authorities.
- Issuance of passes to the border zone.
- Issuance of a certificate of absence of a criminal record.
How to register on “Госуслуги” portal?
To register and receive government services, all you need is a cell phone and a valid e-mail. You can register an account on the “Госуслуги” portal in several ways.
If you have a passport of the Russian Federation citizen.
- A passport of the Russian Federation citizen allows you to quickly create an account using the website or application of one of the portal’s partner banks: the list of partner banks. You will be automatically registered on the portal in accordance with the bank’s data. This may take from 10 minutes to 3 days.
- Prior to opting to this method, make sure you are a client of one of the partner banks of “Госуслуги” portal.
- You can also register in person at the service center if you have a passport of a citizen of the Russian Federation. To do this, you have to come with your passport and SNILS (СНИЛС) to the nearest service center and ask a service person to help you authorize on the “Госуслуги” portal. As a rule, creating a personal account takes 15 minutes or more.
If you do not have a passport of a citizen of the Russian Federation.
If you do not have a Russian passport, but have a “СНИЛС”, you need to purchase a Russian phone number and go through the standard registration procedure at the nearest service center with your international passport and “СНИЛС”.
After registration you will receive a link to your e-mail, with which you can confirm your identity and use the services of the portal.
There is an online assistant called “Max”. It will help you to make the most out of the “Госуслуги” portal by answering your questions and quickly solving almost any issue.
You can obtain an “СНИЛС” (individual personal account insurance number) through your employer. If you have not yet been officially employed, you can obtain the document at the branch of the client service of the Russian Pension Fund at the place of temporary or permanent registration.
How to fill out forms and documents
To enter and stay in Russia, you will need documents such as a passport, visa (if there is a visa regime between your home country and Russia), migration card, health insurance and a notice of arrival of a foreign citizen, which is issued by the person who provides you with accommodation for the duration of your stay, such as a hotel administration, landlord or employer.
Migration card
One of the most important documents for a foreign citizen is a migration card. It confirms the legitimacy and the period of stay in Russia and is required to register for migration registration, obtain a patent or work permit, as well as to obtain a TRP and PRP.
When entering the Russian Federation, the migration card form must be obtained from a border guard officer at passport control.
Filling out a migration card is easy, but it is very important to do it carefully and correctly. The migration card questionnaire consists of Part A and Part B. Part A remains with the border guard, and Part B remains with a migrant.
It is better to fill out the document in Russian, but Latin letters are also accepted.
Let’s break down all the items you need to fill out:
Citizens of Belarus do not need a migration card. This also applies to citizens of Kazakhstan, Kyrgyzstan, and Armenia, if they stay in Russia with an international passport for less than 30 days.
