Russian Immigration Law
The Legislative Framework
The primary legislative instrument governing the legal status of foreign citizens in the Russian Federation is the Federal Law on the Legal Status of Foreign Citizens in the Russian Federation No 115-FZ of 25 July 2002, which establishes the categories of legal presence, the rights and obligations of foreign citizens, and the grounds for expulsion. The Federal Law on Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation No 109-FZ of 18 July 2006 governs the system of registration, which requires all foreign citizens to register with the migration authorities within seven days of arrival at their place of residence. The Federal Law on the Procedure for Exit from the Russian Federation and Entry into the Russian Federation No 114-FZ of 15 August 1996 establishes the rules for crossing the state border. The Ministry of Internal Affairs (MVD) and its Main Directorate for Migration Issues (GUVM) are the principal authorities responsible for immigration administration, having absorbed the functions of the former Federal Migration Service (FMS) in 2016.
Temporary and Permanent Residence Permits
The Russian migration system distinguishes between temporary and permanent residence. The temporary residence permit (разрешение на временное проживание, RVP) is valid for three years and is limited by annual quotas approved by the Government of the Russian Federation for each federal subject. The RVP allows the holder to reside, work, and access social services in the region of issue. The annual quota is distributed by the Ministry of Internal Affairs and is typically oversubscribed, creating significant backlogs. Persons may also obtain an RVP outside the quota on certain grounds, including marriage to a Russian citizen, birth in the RSFSR, or investment.
The permanent residence permit (вид на жительство, VNZ) is issued after the holder has held an RVP for at least one year and is valid for five years, with the possibility of indefinite renewal. The VNZ grants the holder virtually all the rights of a Russian citizen except the right to vote and to hold public office. Holders of the VNZ are not subject to the annual re-registration requirement that applies to RVP holders. The VNZ may be revoked on certain grounds, including conviction for certain criminal offences or absence from Russia for more than six months without justification.
Work Permits and the Highly Qualified Specialist Regime
The legal framework for foreign employment distinguishes between citizens of visa-free countries and citizens of visa countries. Citizens of visa-free countries, including most states of the Commonwealth of Independent States (CIS), must obtain a work patent (патент) to be employed by individuals or organisations. The patent is issued for a period of one to twelve months and is renewable. Citizens of visa countries require a work permit (разрешение на работу), which is subject to an annual quota determined by the Government on the basis of the needs of the national labour market. Employers must obtain a permit to hire foreign workers in accordance with the quota.
The highly qualified specialist (HQS) regime, established by amendments to Law No 115-FZ in 2010, provides a simplified procedure for foreign professionals earning a gross annual salary of at least 2 million RUB. HQS status is not subject to quotas, and HQS holders may obtain a work permit and a residence permit for the duration of their employment contract for up to three years. Family members of the HQS receive residence permits and may engage in work without additional permits. The HQS regime has been particularly important for attracting foreign talent to the technology, finance, and energy sectors.
Citizenship and Asylum
Acquisition of Russian citizenship is governed by the Citizenship Law No 62-FZ of 31 May 2002. The general procedure requires five years of continuous residence in Russia from the date of the permanent residence permit, knowledge of the Russian language and Russian history, and knowledge of the fundamental principles of the Constitution. The simplified procedure (упрощённый порядок) is available to native Russian speakers, persons with a parent who is a Russian citizen, citizens of the former Soviet republics, and participants in the state programme for the voluntary resettlement of compatriots, among others. The state programme, established by Presidential Decree in 2006, facilitates the return to Russia of ethnic Russians and persons with cultural or historical ties to the Russian Federation. The Law on Refugees No 4528-1 of 1993 and the Law on Forced Migrants No 4530-1 of 1993 govern the grant of refugee status and temporary asylum (временное убежище), the latter available to persons who do not qualify as refugees but cannot be returned to their country of origin on humanitarian grounds.