List of grounds for the acquisition of citizenship of the Russian Federation

The possibility of acquiring and termination of citizenship of the Russian Federation established FZ No. 62. By virtue of Art. 11 FZ No. 62 Citizenship of the Russian Federation can be purchased:

  • on the fact of birth;
  • taking advantage of the recovery procedure;
  • through the procedure for registration and submission of documents in the Ministry of Internal Affairs of the Russian Federation, the consulate or diplomatic representation, based on the list of grounds for obtaining citizenship of the Russian Federation, which are provided for by law or international treaties (general and simplified procedure). We wrote in detail about this process in the article "".

To other reasons for the acquisition of citizenship of the Russian Federation include:

  • the adoption of citizenship due to the change in the territorial borders of the state, by virtue of Art. 17 FZ No. 62, which states that persons who live in the territory whose state affiliation is changed, can choose the subjects necessary for them in the manner and deadlines established by certain international treaties of the Russian Federation;
  • getting Russian citizenship by a child whose parents also acquire citizenship. The base is valid in accordance with Art. 25 FZ No. 62.

Citizenship by birth

Born in Art. 47 of the Family Code of the Russian Federation recognizes the emergence of a child, documented in accordance with the procedure, which is established by the Federal Law "On Civil States' Acts" No. 143 of 15.11.1997.

Grounds for state registration of birth in accordance with Article 14 of the specified FZ:

  • certificate of the birth of a sample established by the law issued by a medical organization in which childbirth was held;
  • the birth document, issued by a medical organization, whose employee is a doctor who has helped Help, and in which she appealed later;
  • a similar document that could provide the Hife to an individual entrepreneur engaged in the provision of medical care outside of any medical organization;
  • an eyewitness statement is orally or writing, which was present in the genus of a woman. Application is an eyewitness to an employee of the civil status record authority, which is engaged in the state registration of birth;
  • court decision to establish the fact of the birth of a child with a specific woman if there are no other documents or applications.

Principles of obtaining citizenship of Russia by birth

Acquisition of citizenship by birth is carried out according to one of the 3 possible principles:

  • by the right of the soil;
  • on the right of blood;
  • on a mixed principle.

Based on the principle of the right of soil, the newborn acquires the citizenship of that state in which the child was born.

According to the right of blood, the child's belonging is determined by citizenship of his parents, and if they have a different state affiliation, the citizenship of one of the parents by agreement is selected.

Mixed regulatory regulation contains the principles of "blood rights" and "mail rights".

Acquisition of citizenship in general

The possibility of obtaining citizenship is generally allowed if the President of the Russian Federation takes a positive decision on the statement of a migrant. Considering the application and package of papers, the President of the Russian Federation is focused on the requirements of the legislation and the constitution of citizenship.

The main requirement for applicants for citizenship is generally a permanent residence in the Russian Federation overlooking the residence per 15 years before the day of handling a statement. It is allowed annual departure from the country for a period not exceeding 3 months. Registration of a residence permit allows a foreigner to constantly reside in the country for 5 years without registration of additional permits and get the right to citizenship.

The practice of issuing a residence permit and permanent residence of a migrant on its basis in the country for the purpose of obtaining citizenship for a certain period of time is generally accepted.

For example, in France, the required period of residence before obtaining the possibility of obtaining a passport is also 5 years. Many European countries require a longer stay of a foreigner in a country who wants to arrange citizenship. For example, Germany and Romania are 8 years old, and Spain and Italy - 10 years.

FZ No. 62 indicates that the total period for the acquisition of citizenship should not exceed 10 years (taking into account the residence on RVP, a residence permit, etc.), if such a migrant:

  • acts in accordance with the Constitution of the Russian Federation and its laws, will not violate them;
  • acquired a legitimate source of funds for living and ensuring oneself and members of his family;
  • refused the former citizenship or filed an application for refusal to the competent authorities of the former state, and in the Russian authorized bodies handed over the paper confirming the fact of submitting an application for refusal of the previously faced citizenship. Double citizenship is permissible only with the Republic of Tajikistan, since the relevant international treaty between the Republic and the Russian Federation signed;
  • owns Russian language and filed documents proving the presence of sufficient levels for free communication. Russian language possession will allow the applicant to quickly adapt in the country.

From the supply of securities confirming the ownership of the Russian language, men are released over 65 years old, women over 60 years old, incapable applicants, as well as disabled I group.

It is not required to live in the Russian Federation for 5 years to some categories of foreign citizens. So, a year after registration of a residence permit, the citizenship is issued:

  • high achievements in the scientific, technical and cultural spheres;
  • received temporary refuge;
  • refugees with decorated status of the same name.

Acquisition of citizenship in a simplified manner

Below we will list the list of grounds for the acquisition of Russian citizenship, according to which a foreigner has the right to claim a simplified procedure for issuing citizency of the Russian Federation. The use of such a procedure makes it possible to reduce the term of the decision on the provision of citizenship, as well as the period of residence permit (it will not be taken into account, that is, it is not necessary to live in the Russian Federation for 5 years).

The conditions for obtaining citizenship of the Russian Federation under the simplified scheme are indicated in part 1 of Art. 14 FZ "On Citizenship of the Russian Federation" No. 62 of 31.05.2002. The simplified procedure for acquiring citizenship of the Russian Federation is entitled to qualify both foreign applicants and stateless persons (hereinafter LBG).

Categories of persons who possess special grounds for obtaining citizenship of the Russian Federation in a simplified manner

These persons include:

  • children permanently residing in the Russian Federation Russians (also suitable for children with one Russian-Russian);
  • LBG, who had previously possessed by the citizenship of one of the countries of the USSR, and before the move lived in the country of the former USSR, but the citizenship of this state did not receive;
  • owners of citizenship of one of the USSR countries born in the RSFSR;
  • the marriage with Russian more than 3 years ago;
  • disabled parents of adults of adequatic Russians;
  • the parent of the Child-Russian, if the second parent of the child is also a Russian, but he died, recognized as missing, his parental rights are limited by the court or he is deprived of them;
  • the parent of an adult is incapacitated Russian, if the second parent of a child is a citizen of the Russian Federation and he died, disappeared, he deprived him of parental rights or restricted them;
  • individual entrepreneurs, employed in the Russian Federation for more than 3 years in the sphere established by the legislation, whose taxes, contributions to the FIU amounted to more than 1 million rubles for each of the last 3 years;
  • qualified specialists who continuously work in the country for more than 3 recent years in the field or by profession, which is included in the list established by the Government;
  • investors who have invested in the authorized capital of a legal entity in the Russian Federation 10% with a total of more than 100 million rubles, and the total amount of insurance premiums, taxes and fees amounted to more than 6 million rubles for each of the 3rd years;
  • the carriers of the Russian language, who participated in the state program of the same name;
  • disabled foreigners and LBGs provided:
    • they immigrated from the countries of the USSR withled;
    • they registered at the place of residence until July 1, 2002;
  • incapable faces and children, since the latter are recognized by persons with limited capacity. In accordance with the Universal Declaration on Human Rights, children have the right to special assistance and care;
  • migrants-compatriots who participate in the state program of the same name, and their family members.

Restoration of citizenship in general

The overall order of recovery in the citizenship is established and regulated by Art. 15 FZ No. 62 of 31.05.2002. Candidates are entitled to apply to the competent authorities to take advantage of the recovery procedure, without waiting for 5 years of residence for a residence permit, and after 3 years.

The conditions for the restoration of state affiliation are indicated in part 1 of Art. 15 FZ No. 62 and relate to foreign candidates and LBS.

Key requirements for applicants - the ownership of the citizenship of the Russian Federation earlier. For confirmation, documents provided for in paragraph 10 and paragraph 22 of "Regulations on the procedure for consideration of issues of citizenship of the Russian Federation" are submitted.

In addition, continuous accommodation in the country has been required for the past 3 years in terms of residence permit. The countdown of continuous residence of the candidate begins with the date, which is indicated in the residence permit. The condition is also considered to be fulfilled if the candidate left the territory of the country for a period of not more than 3 months per year. If a foreigner or LBG leaving the Russian Federation several times, the total amount of stays outside the country should be exactly 3 months or less. The total number of departures from the Russian Federation does not matter.

It will also be possession of the Russian language. Documents that are submitted as a confirmation that the candidate owns the Russian language on sufficient to communicate levels:

  • the certificate of the delivery of state testing (the base level is required or higher), issued by the educational organization, which is included in the list drawn up by the Ministry of Education and Science of the Russian Federation, as an organization that is entitled to conduct similar testing for foreigners.
  • diploma on the end of the Russian university or college issued to the RSFSR until 19991 or in the Russian Federation after 1991.

Restoration of Russian citizenship in general order for special categories of foreigners

The exceptional circumstances that a foreigner and LBG are entitled to recover in Russian citizenship, if they have possessed earlier, indicated in part 2 of Art. 13 FZ No. 62. With the branch of such grounds, it is possible to recover, having lived in the Russian Federation only one year.

  • applicants who distinguished themselves in the Russian Federation with special achievements in the field of science, culture or technology;
  • specialists of certain professions or areas in which the Russian state is interested;
  • political refugees with the status of the same name. The procedure and reason for obtaining which is contained in the decree of the President of the Russian Federation "On approval of the Regulation on the procedure for providing the Russian Federation of Political Assembly" No. 746 of 21.07.1997;
  • applicants who recognized refugees. The procedure for granting the status is established by the Federal Law "On Refugees" No. 4528-1 of 02/19/1993.
  • owners of special merit to the Russian Federation;
  • persons who are in the citizenship of the countries of the former USSR and are held military service in the Armed Forces of the Russian Federation, other troops or military formations for 3 years. Conditions and requirements for candidates are defined in the Federal Law "On Military Duty and Military Service" No. 53 of 03.28.1998.

Requirements for recovery candidates in the presence of exceptional circumstances:

  • be a foreign citizen or stateless person;
  • live in Russia;
  • confirm the acquisition and termination of the Russian citizenship in the past due to voluntary will.

Restoration of citizenship in a simplified manner

To restore the status on a simplified scheme, foreigners or aparters must prove the presence of Russian citizenship in the past. A simplified nature makes it possible not to comply with the condition for permanent residence in the Russian Federation for 3 years, but applicants must fall under the basis for the possibility of recovery. The list of such bases is specified in Art. 14 FZ No. 62, and coincides with the grounds for citizenship in a simplified manner (we listed them above).

Documents that will be needed to foreign citizens and LBG to restore the status of the subject are indicated in under. "B" p. 22 "Regulations on the procedure for consideration of issues of citizenship of the Russian Federation" and further:

  • a statement on the resumption of citizenship of the Russian Federation (the form is in Appendix No. 1, to the decree of the President of the Russian Federation of November 14, 2002 No. 1325
  • certificate of competent authorities with information that the applicant has previously emerged from the citizenship of the Russian Federation;
  • the list of papers, according to the foundation that the applicant is based on. The list is indicated in paragraph 10 and in paragraph 14 of the Decree of the President of the Russian Federation dated November 14, 2002 No. 1325.

Acquisition of citizenship for other reasons

Other foundations of the acquisition of citizenship of the Russian Federation are envisaged and indicated by FZ No. 62. This is a naturalization of a foreigner when changing the state affiliation of the territories and borders of the Russian Federation.

So, in Art. 5 of the contract concluded between the Russian Federation and the Republic of Crimea, about the adoption of the Crimea in the Russian Federation of 18.03.2014, it was established that citizens of Ukraine and the state of civility, who live in the Crimea and the city of the federal significance of Sevastopol, from the date of the adoption of the Republic of Crimea to the Russian Federation have the right to receive Russian Citizenship or within 1 month after the conclusion of the Treaty refuse to become Russians to remain citizens of Ukraine or LBG.

In art. 1 It is said that the Day of the adoption of the Republic of Crimea and the city of the federal significance of Sevastopol to the Russian Federation recognized 03/18/2014.