As in what order to get a temporary refuge in the Russian Federation

The unstable situation, observed today in many countries of the world, forces foreigners to leave their homeland and seek refuge in other states, including in Russia. Along with other humanitarian statuses of the Russian Federation, it can provide such persons with temporary asylum. This status gives people who received it, the legal basis for being in the country and the use of guarantees provided for by law.

Temporary refuge status

The legal status of persons who applied for obtaining and received temporary asylum is determined by the provisions of the Federal Law "On Refugees", the Decree of the Government of the Russian Federation No. 274 of 09.04.2001 and the Order of the FMS No. 352 of 19.08.2013.

According to PP. 3 p. 1 Art. 1 FZ "On Refugees", temporary asylum is the right or aparters temporarily located in the territory of the Russian Federation by virtue of humane considerations. It is provided as a certain humanitarian status, in order to protect foreign citizens and aparters from persecuting in one way or another in the territory of another country. In essence, it is perceived by law enforcement agencies as a deferred expulsion of individuals who do not want or cannot receive refugee status in Russia.

When shelter is provided

According to Art. 12 FZ "On Refugees", temporary asylum status can be provided to foreigners or apartam if those:

they have grounds for obtaining refugee status, but do not want to receive it, limited only by a request for the provision of the right to. Left their country due to reasonable concerns to become victims of persecution on racial, religious, ethnic and other reasons and cannot take advantage of the right to defense from their state;
there are no reason to obtain refugee status, but due to humane motives cannot be expelled outside the Russian Federation. The grounds may be, for example, concerns that the life of the person may be at risk due to professional causes (for example, for employees of the special services of other countries).

The procedure for obtaining temporary asylum

According to Part 1 of Art. 12 FZ "On Refugees", the provision of temporary asylum is made in the manner prescribed by the Decree of the Government of the Russian Federation No. 274 of 09.04.2001. This document determines how to get a temporary asylum in the Russian Federation in 2019, establishes the timing of its provision, the rules of loss and deprivation and other standards that must be taken into account. Since the provision of asylum requires the passage of several steps, it is advisable to consider each of them in more detail.

Where to contact

Unlike persons wishing to become refugees in the Russian Federation, persons who ask for temporary asylum can appeal to obtain the specified status only to the migration authorities. So, according to paragraph 2 of the Procedure, approved by the Decree of the Government of the Russian Federation No. 274 dated 09.04.2001, the decision to provide asylum is made by the territorial division of the MIUM MIA in the place where the person applying for the relevant status has applied.

Submission and consideration of the application

The basis for providing foreigners the right to temporary stay is their application asking for temporary asylum filed to the migration authorities. It is fed by a special form - the form of registration of the MIUM MIA for temporary asylum is defined by Appendix No. 1 to the order of the FMS No. 81 of 03/25/2011.

In such a statement, the applicant's personal data, the data on the migration agency, adopted a statement, family members who arrived in the Russian Federation together with the applicant, as well as the request for status. According to paragraph 106 of the administrative regulations, approved by order of the FMS No. 352 of 19.08.2013, such a statement is filed by each person who has reached 18 years. When taking the application, authorized employees of the migration bodies check migrants, and also take other documents that they submit to the rationale for their requests.

After receiving the application, authorized employees conduct a survey of applicants and an individual interview, the results of which are displayed in the questionnaire and questionnaires.

After a survey, foreigners are subject to mandatory - removal of fingerprints.

Consideration of the application is carried out by the migration authorities within 3 months. At this time, a migrant is issued a certificate of consideration of the application, in the form established by Appendix No. 2 to the Order of the FMS No. 81 of 03/25/2011. This certificate is a document confirming the legality of the stay of foreigners and aparters in the territory of the Russian Federation.

Consideration of the application provides for additional interviews, a comprehensive study of the circumstances, which was motivated by request, authentication of the information specified in the documents and identification of circumstances that the applicant impede from the territory of the Russian Federation. As a result of consideration, the migration authorities make a decision to provide temporary asylum or denied provision. The decision itself for three days is sent to applicants.

Refusal to accept applications

In practice, persons who applied to the migration bodies for temporary asylum often have to face an unmotivated refusal to accept and consider the application. We draw the attention of such persons that the law does not provide grounds for such a refusal: if it was still received, we recommend contacting the higher authorities to appeal the actions of the employees of territorial migration bodies.

According to paragraph 8 of the Procedure, approved by the Decree of the Government of the Russian Federation No. 274 dated 09.04.2001, on the basis of a decision on granting asylum, to persons with which it is provided for 2 days a corresponding certificate is issued in the form established by Appendix No. 3 to the order of the FMS No. 81 from 03/25/2011.

Certificate is a document certifying the identity of its owner - both an individual and the taxpayer: the code of the type of document of the certificate of provision of temporary asylum, according to the Directory approved by the order of the Federal Tax Service of Russia N MMB-7-11 / [Email Protected] From October 30, 2015, indicated as "19".

The evidence is issued on paper and cannot be issued in the form of an electronic document. It includes the personal data of the owner, the date of issuing a document and the term of its action, the name of the body, which was issued, the number of personal affairs, the data on children and other relatives, the photos of the owner and his children are incurred.

According to Art. 12 FZ "On Refugees", after issuing a certificate of a foreigner's passport with the status of temporary asylum in the territory of the Russian Federation or another document certifying his personality, is subject to transmission and storage in the migration bodies. In addition, the certificateholder arises the obligation to issue in accordance with the procedure established by law.

Refusal of asylum

According to paragraph 118 of the administrative regulations, approved by order of the FMS No. 352 of 19.08.2013, according to the results of the consideration of the application, the migration authorities may decide on the refusal to provide status.

Failure can be motivated:

lack of grounds for recognizing the subject by refugee;
the lack of humane reasons requiring it in the Russian Federation;
lack of circumstances impeding the departure from the Russian Federation;
unreasonably causes and circumstances that the applicant motivated his request;
the infancy provided by the applicant;
the presence of the circumstances specified in Art. 2 FZ "On Refugees" (committing a crime against peace and humanity, committing a grave crime, protection from the UN).

About what to do if they refused in temporary asylum, it tells the section V of the Administrative Regulation: persons who have received a decision on refusal are entitled to appeal it in pre-trial and judicial order. The pre-trial procedure of appeal provides for the submission of a complaint into higher migration and management.

The complaint is applied in writing or electronic form and contains:

the name of the authority and the data of an official who decided to refuse;
ankal and contact details of the applicant;
information about the decisions of the decisions;
arguments, justifying appeal.

Consideration of the complaint is carried out in 15 days. According to its results, a decision is made on the partial or complete satisfaction of the requirements or to refuse their satisfaction.

Status period

According to paragraph 12 of the Procedure approved by the Government Decree No. 274 of 09.04.2001, the term of the status of temporary asylum is up to 1 year. However, after the expiration of the specified period, the person may preserve the status provided, since the law is provided for the extension procedure.

Extend status

After the expiration of the one-year term, which is given status, the term of provision of temporary asylum in the Russian Federation can be extended. How many times you can extend temporary asylum, it is determined based on the provisions of clause 12 of the Procedure - according to it, the term is extended for each subsequent year on the basis of the appropriate appeal. It indicates the circumstances that require the extension of the status.

Thus, the status validity period may be extended countless times until the circumstances requiring temporary asylum, will not be eliminated - in this case the applicant will receive a refusal to extend temporary asylum.

To extend the status, its owner must contact the migration body, registered in which it consists. It is necessary to apply for extension no later than 1 month before the expiration of the status period; If there is significant reasons, this period can be extended, but not more than a month.

Required documents

The main document, which is the basis for the status prolongation, is an application for the extension of temporary asylum in Russia. It is submitted to the migration bodies in free form, however, with a mandatory indication of the presence and continuation of the circumstances, which are the basis for preserving the person of the right to temporary asylum in the territory of the Russian Federation. Recall that this is the presence of grounds for recognizing the face by refugee or humanitarian reasons that prevent his departure outside the Russian Federation.

At the same time, the law does not indicate which documents need to extend temporary asylum, except the application itself. By virtue of the legislator's logic, a copy of the refugee certificate may be presented with a statement (to certify his personality), as well as documents confirming the foundation specified in the statement. No other documents to extend status will be required.

The rights of persons who have received asylum

According to paragraph 13 of the Procedure approved by the Decree of the Government of the Russian Federation No. 274 of 09.04.2001, almost all the rights of refugees are applied to persons who have received asylum. Thus, according to Art. 6 FZ "On Refugees", they are entitled to the translator and receipt of transport services, use of residential premises, food and use of utilities.

In addition, such persons are entitled to the Russians to enjoy medical care. For adaptation in Russian society, migrants are on par with Russians entitled to assist in the direction of professional formation.

In order for temporary shelter to independently keep themselves, they are given the right to employment without any, which also equates them to citizens of the Russian Federation.

Moreover, the legislator does not deprive foreigners the ability to use banking services, including the right to obtain loans and loans.

Simplified procedure for Ukrainians

Due to the political instability and the presence of an armed conflict on the territory of Ukraine, the Decree of the Government of the Russian Federation No. 690 dated July 22, 2014 for Ukrainians who arrived in the subjects of the Russian Federation (except Moscow and the region) provides a simplified procedure for providing temporary asylum.

Simplifications that contain the rules approved by the Resolution in particular relate to:

application application - it can be submitted not only directly to the migration bodies, but also through multifunctional centers;
inspection - it is carried out only on the information bases of the Ministry of Internal Affairs in order to confirm the information specified in the statement;
consideration time - instead of 3 months, consideration of applications from Ukrainians is carried out within 3 business days;
issuance of evidence - within one day after the passage of medical examination and.

What to do after receiving a temporary asylum

The right to temporary refuge does not guarantee that it will be possible to stay in Russia after eliminating the circumstances that caused it to provide it. For this, a citizen of a different state after received the status of temporary asylum, should think about obtaining a temporary residence permit (RVP).

In addition to the preservation of the rights acquired, with RVP, its endowner is able to easily live in the territory of the Russian Federation for three years without the need to extend the status and compliance with strict migration rules, for the violation of which temporary asylum can be deprived.

No less attractive for such migrants is a residence permit (residence permit) in the Russian Federation, this is a qualitatively other status of a foreigner, which allows fully equipped in Russia.

Refugees and foreigners who have received temporary refugees and who have become the participants of the Program for promoting the voluntary resettlement of compatriots can receive a residence permit in a simplified manner.

So, according to PP. 3 p.1 Art. 8 FZ "On the legal status of foreigners in the Russian Federation", such persons can receive a residence permit:

without obtaining RVP;
without compliance with the condition about living on the territory of the Russian Federation at least 1 year;
for a period while evidence of the Member of the Resettlement Program.

Resolution subsequently gives the right to receive Russian citizenship.

Whether financial assistance is put

As already mentioned, according to paragraph 13 of the Procedure, approved by the Decree of the Government of the Russian Federation No. 284 of 09.04.2001, on asylum seekers, all rights of refugees are distributed, except for the right to one-time allowance. No other financial support for the legislation of the Russian Federation for such subjects is not provided.

Loss of temporary refuge

The loss of temporary asylum, according to paragraph 16 of the Rules, is possible in the case of:

elimination of the reasons for which it was issued;
obtaining a residence permit, acquisition of citizenship of the Russian Federation or citizenship of another state;
leaving the limits of the Russian Federation for permanent residence beyond.

At the same time, according to paragraph 17 of the rules, the person may be devoid of temporary asylum status forcibly if:

convicted of a criminal offense in Russia;
informed informational information or provided fake documents upon receipt of status;
got an administrative punishment for misconduct associated with drug trafficking.

Refusal of status

As such, the refusal of temporary asylum and the return of the passport, which occurs as a result of such a refusal, is not provided by the legislation of the Russian Federation. According to PP. 9 p. 1 Art. 6 FZ "On Refugees" and paragraph 118 of the administrative regulations, the refusal is possible only from the consideration of the application for asylum, that is, at the stage preceding the endowment of the status.

However, the reasons resulting in which the status loss occurs, the circumstances indicate the elimination of the grounds that give the right to temporary asylum. By virtue of this, it is logical to assume that the statement in the LUCHM of the Ministry of Internal Affairs on the cancellation of temporary asylum can be filed on its own initiative of the migrant. At the same time, the justification of the request can be made by the fact of eliminating these grounds - the reasons to consider such a statement is illegal. In any case, it is recommended to solve such issues with migration authorities individually.