The procedure for obtaining a residence permit by marriage

What is a residence permit

A residence permit is a document issued to foreigners or stateless persons by the migration authorities of the Russian Federation and giving the right to permanent residence in the country. In general cases, it is issued to foreigners as an attachment to their national passport.

In some cases, for example, for stateless persons, a residence permit is also an identification document. The form, procedure for its execution and issuance, as well as other aspects are stipulated by separate government regulations.

The residence permit must contain:

• personal data of its owner (full name, date and place of birth, gender, citizenship);
• number and date of the decision on residence permit;
• validity period of the document;
• name of the authority that issued the permanent residence permit.

If a document is issued after 2013, it also contains an electronic storage medium containing not only the above personal data, but also biometric information, including a photo of the face of the document owner, as well as the results of a fingerprint examination.

Having a residence permit cannot be equated with citizenship - the right to permanent residence must be extended.

Set of documents for registration

The documents that a family migrant will need are presented in the form of a list in paragraph 28 of the Regulations of the Ministry of Internal Affairs. The list of required papers consists of:

• Applications , fill out a standard form in two copies. There is no special application for a residence permit by marriage (a sample can be found here).
• 4 photos. Photos will be accepted only if they have a size of 35 by 45, the style is formal, the face is serious with a slight smile, and there should be no headdresses in the frame (if religion allows it to be removed). People wearing glasses may not take them off for photos, but the lenses must be transparent.
• Passports . Since the migrant has his own format, which is not acceptable for Russia, the document must be translated into Russian and notarized (both procedures are carried out in one place).
• Document confirming income. It is necessary to show the Russian state that a foreigner is able to provide for himself and his family. The following may serve as official paper: a bank statement about the existing deposit;
• 2-NDFL;
• certificate of payment of pension or alimony;
• tax return. If a non-resident of the Russian Federation is supported by a spouse, then it is necessary to formalize the dependency and provide a certificate of income of the husband (wife).

Interesting article: About temporary residence permits for citizens of Kazakhstan

In addition to basic documents, department employees have every right to request additional papers, for example:

• marriage certificate;
• passport of the spouse who is a citizen of the Russian Federation;
• TIN.

Before collecting documents, it is better for a non-resident of the Russian Federation to familiarize themselves with the composition of the documents in the migration department of the Ministry of Internal Affairs; the list is on the information board.

Legislation

The basis of the legislative framework regulating the procedure and conditions for the stay of foreign citizens on Russian territory is Federal Law No. 115 of July 25, 2002 “On the legal status of foreigners in the Russian Federation.” In particular, Art. 8 of this law determines the procedure, grounds, conditions and other features of obtaining the right to permanent residence, confirmed by a residence permit.

The specific procedure, methods and timing of document execution, as well as other features of the procedure are specified in the Administrative Regulations approved by Order No. 215 of the Federal Migration Service dated April 22, 2013. It also approved the basic forms and samples of documents.

In addition to them, it is necessary to note the Federal Law of May 31, 2002 No. 62 “On Citizenship of the Russian Federation,” which, in particular, defines some privileges for foreigners who have a residence permit and are in a marital relationship with a Russian citizen when applying for Russian citizenship.

Grounds for obtaining a residence permit

According to Part 2 of Art. 8 Federal Law No. 115 of July 25, 2002, the general procedure for obtaining a residence permit requires the candidate to live continuously in Russia for at least a year, while having a temporary residence permit (TRP). It, according to Art. 6 of the said law, is issued to foreigners and stateless persons, subject to a quota established by the government, for a period of three years.

However, these general requirements do not apply to everyone; a simplified procedure is provided for individual entities. In particular, the legislator allows foreigners to apply for a residence permit without temporary residence:

• highly qualified specialists who are invited to work in Russia in the manner prescribed by Art. 13.2 of the said law;
• recognized by a special commission in accordance with the Federal Law of May 31, 2002 No. 62 as native speakers of the Russian language (meaning persons who speak Russian at the everyday and family level if they or their relatives live in the territory of the former Russian Empire and the USSR or the current Russian Federation) ;
• recognized as refugees;
• those who have received temporary asylum and are participating in the state program for the resettlement of compatriots;
• in case they themselves, their relatives on the ascending and/or descending lines, spouses or adoptive parents were illegally deported from Crimea during the USSR.

Thus, marriage relations with a citizen of the Russian Federation do not provide any privileges or rights to a simplified receipt of a residence permit. However, such a marriage union provides some privileges when registering a temporary residence permit.

Let us remind you that the right to temporary residence, according to Art. 6 Federal Law No. 215 dated July 25, 2002, is issued taking into account quotas formed in advance by the executive branch. So, according to paragraphs. 4 p. 3 art. 6 of this law, marriage with a Russian permanently residing in the Russian Federation gives the right to apply for a temporary residence permit without taking into account the specified quotas.

Now let us consider in general terms the procedure for concluding such a marriage.

Sample application for a residence permit

The fundamental document when applying to a government agency to obtain a residence permit is an application.
It is this appeal that contains the foreigner’s expression of will that he wants to obtain permission to live and work in Russia. Read also: Sponsorship letter for a Schengen visa

The application is drawn up in writing and has a strict form regulated in the regulatory act. In practice, this document is most often called a questionnaire, since it really looks like a questionnaire in which you need to enter the correct answers about yourself and your lifestyle.

The application must reflect the following information:

1. Information about the department of the government agency to which the documents are submitted;
2. Information about the applicant, about the main document used for identification;
3. Information about relatives and minor children (if any);
4. Spouse information;
5. The application must include a request for a residence permit;
6. The final part of the document is the date of its preparation and the signature of the applicant.

Procedure for obtaining a residence permit

Taking into account all of the above, in order to obtain a residence permit through marriage to a citizen of the Russian Federation, foreigners and stateless persons must adhere to a clear algorithm. The procedure for candidates involves going through a number of stages, which include:

1. Legal crossing of the state border of the Russian Federation. In this case, you will need to apply for a visa or obtain a migration card in case of visa-free entry. In the future, the candidate will need to register for migration within a week with the territorial divisions of the migration authorities at the place of residence.
2. Marriage with a Russian citizen. Marriage registration is carried out after a month from the date of filing a joint application with the registry office.
3. Obtaining a temporary residence permit. Issued in the manner prescribed by the Administrative Regulations, approved by Order of the Federal Migration Service dated April 22, 2013 No. 215, for a period of three years. Thanks to marriage to a Russian, it is issued without taking into account quotas. After continuous residence in the Russian Federation for one year, the temporary residence permit gives the right to apply for a residence permit.
4. Obtaining a residence permit. After one year has passed after receiving a temporary residence permit, a foreigner can apply for a residence permit. According to Art. 8 Federal Law No. 115 dated July 25, 2002, this must be done six months before the expiration of the right to temporary residence.

It is advisable to dwell on some features of this procedure in more detail.

Procedure for contacting migration authorities

At the moment, the functions of migration authorities are performed by the Main Directorate for Migration Issues of the Ministry of Internal Affairs of Russia (GUVM) and its local territorial divisions. Thus, both to register at the place of residence and to obtain a temporary residence permit and residence permit, a foreign citizen must contact the territorial unit of the Main Directorate for Migration and Migration at the place of actual residence in the territory of the Russian Federation. The specific address of divisions in the regions, as well as the territorial offices of these divisions, can be found at.

The application is formalized in the form of an application for a residence permit, submitted in the form approved by Appendix No. 3 to the Administrative Regulations, approved by Order of the Federal Migration Service of April 22, 2013 No. 215. The application must be submitted in two copies in person to the territorial authority: according to, registration Residence permit through the State Services portal has been suspended for technical reasons.

Required documents

To find out what documents are needed to obtain a residence permit, you must refer to clause 21 of the above Administrative Regulations. According to it, in addition to the application, the candidate will need:

• four photos in 3.5 cm by 4.5 cm format, two of which are placed on the application;
• identification document of a foreigner;
• documentary evidence of sources of income (at least the monthly subsistence minimum) or disability;
• documentary evidence of the availability of residential premises (provided by those who have lived three years or more in the Russian Federation);
• medical certificate and certificate of absence of dangerous infectious diseases and HIV;
• document on proficiency in the Russian language, knowledge of history and the fundamentals of legislation of the Russian Federation.

The list of documents for a residence permit for marriage in 2021 is submitted along with the application no later than six months before the expiration of the temporary residence permit. Lack of necessary documents is grounds for refusal to issue a residence permit.

Registration period

According to clause 18 of the above Administrative Regulations, the total period for consideration of the application and registration of a residence permit is six months from the moment the migration authorities receive the application. However, in some cases, the legislator provides for a reduction in these periods. Thus, shortened deadlines are provided for:

• participants of the state program for the resettlement of compatriots and native speakers of the Russian language - a residence permit is issued within 2 months;
• highly qualified specialists invited to work in Russia - within 3 months;
• citizens of Belarus receiving a residence permit without obtaining a temporary residence permit – within 3 months;
• citizens recognized as political refugees, as well as foreigners whose Russian citizenship was terminated - within 15 days.

Application forms and samples

Application for a residence permit (1656 Downloads) Application for a residence permit for a child (488 Downloads) Appendix No. 1 to the application for a residence permit (Information about changes in personal data) (370 Downloads) Appendix No. 2 to the application for a residence permit (Information about close relatives of the applicant ) (630 Downloads) Appendix No. 3 to the application for a residence permit (Information on employment) (333 Downloads) Application for the issuance of a duplicate residence permit (84 Downloads) Application for replacement of a residence permit (1157 Downloads) Application for correction of typos and (or) errors ( 95 Downloads) Application for refusal to receive a public service residence permit (68 Downloads) Sample application for a residence permit (5640 Downloads) Sample application for a residence permit for a child (186 Downloads) Sample application No. 1 to an application for a residence permit (468 Downloads) Sample application No. 2 to the application for a residence permit (699 Downloads) Sample application No. 3 to the application for a residence permit (270 Downloads) Sample application for the issuance of a duplicate residence permit (85 Downloads) Sample application for the correction of typos and (or) errors (82 Downloads) Sample application for refusal to receive a state service residence permit (One Download) Form for annual notification on residence permit (1583 Downloads) Sample annual notification on residence permit (1215 Downloads) Model test for residence permit (1337 Downloads) Sample model test on the history of Russia (One Download) Sample model test on basics of Russian legislation (One Download)

Rights of persons who have received a residence permit

A citizen who has legally obtained a residence permit first of all acquires the right to permanently reside in the territory of the Russian Federation on almost the same conditions as the Russians themselves.

A person who has received a residence permit has the right to freely leave Russia and return back without obtaining any additional permission.

In connection with the right to permanent residence, a foreigner may apply for a number of other rights, in particular, the right to:

• freedom of movement and residence;
• permanent employment on the same conditions as Russians, that is, without obtaining a permit;
• pension provision upon reaching retirement age;
• election to local government bodies in the cases established by clause 10 of Art. 4 Federal Law of June 12, 2002 No. 67;
• obtaining citizenship in a simplified manner - if there is a marriage with a Russian citizen that lasts at least three years;
• other rights provided for by Russian legislation.

Divorce after obtaining a residence permit

Divorce after a migrant has received a residence permit cannot become a reason for canceling the document.
Important! If the marriage was declared fictitious on the basis of a court decision that was not appealed and entered into legal force, the foreign citizen loses a residence permit, and with it the opportunity to work and live in the territory of the Russian Federation.

Consequently, revealing the fact that the marriage was concluded fictitiously is the only situation in which a residence permit is canceled upon termination of the relationship between a foreigner and a Russian. In all other cases, after receiving a divorce certificate, the migrant can continue to live his normal life and even apply for citizenship.

Read also: How to obtain a residence permit in Russia

Duration of residence permit

In general cases, according to paragraph 3 of Art. 8 Federal Law No. 115 dated July 25, 2002, residence permits are issued to foreigners for a period of 5 years. However, the law also provides for some features of the validity period of a residence permit depending on the basis on which it was issued, namely:

• Russian speakers receive a residence permit for 3 years;
• participants in the state resettlement program receive the right to permanent residence for the duration of the program;
• specialists invited to work in Russia receive a residence permit valid for the entire term of their employment contract, and in case of its termination - within 30 days from that moment.

In general cases, at the request of a foreign citizen, the validity of a residence permit can be extended by five years. To do this, a corresponding application is submitted no later than 2 months before the expiration of the specified period. The number of such extensions is not limited by law.

Features of payment of state duty

The amount of the state fee for obtaining a residence permit is the same for all categories of foreigners. Including marriage. The amount is 5,000 rubles. It has increased since November 1, 2021. The reason for the increase is that the new model is characterized by electronic media.

Interesting article: Is it possible to apply for a pension using a residence permit?

You can deposit money:

• in any bank (you can go to the cash desk of any branch, but almost all charge interest for the transfer except Sberbank);
• through a payment terminal;
• using an ATM;
• translate according to the details (they are issued by the inspector);
• using the mobile version of your personal account (in this case, the receipt must be printed; the check must have the seal of the banking organization).

If for some reason the migration service employee did not give out the account number where to transfer the money, then the foreigner can find it at the information stand, which is located in every department of the Ministry of Internal Affairs. There are a lot of numbers, it is important not to make mistakes.

Each region has its own payment details.

The inspector will not accept a package of documents without a receipt confirming the fact of payment of 5,000 rubles. If you lose a check, you can restore it by contacting the bank office with your passport.

Fictitious marriage and responsibility for it

Considering that being married to a Russian citizen gives foreigners the right to obtain temporary residence rights independent of quotas, as well as a simplified procedure for obtaining citizenship if they have the right to permanent residence, such a marriage is often concluded for fictitious purposes, that is, solely to obtain legal status.

According to Art. 27 of the RF IC, such a marriage should be considered void, that is, initially invalid, not giving rise to any legal consequences. Thus, if this fact is discovered, the previously obtained right to temporary or permanent residence, as well as formalized citizenship, must be revoked.

No other liability, including criminal or administrative punishment, is provided. In 2015, the legislative assembly of the Kaluga region already initiated consideration in parliament of a bill introducing criminal penalties for foreigners for entering into a fictitious marriage in order to obtain citizenship, but it was rejected by the State Duma.

The article “Fictitious Marriage” will help you learn more about marriages concluded without the purpose of creating a family.