The procedure for acquiring and terminating citizenship is enshrined in Federal Law No. 62. The procedures currently differ significantly from those envisaged in the previous law of 1991.
Grounds and procedure for acquiring citizenship of the Russian Federation
In accordance with Article 5 of the Federal Law No. 62, citizens of Russia are recognized as persons who had citizenship on the date of entry into force of the said Law, as well as who received it in accordance with the rules established in this regulatory act.
Citizenship of the Russian Federation can be obtained by:
- birth;
- application for restoration or acquisition of citizenship;
- other grounds established by federal law or international agreement.
In the first case, we are talking about filiation. A child becomes a citizen of the Russian Federation if citizenship is:
- Both parents.
- One parent, and the second one does not have one or is declared missing or his whereabouts have not been established, is a foreigner, subject to the birth of a child in Russia.
A child born in the Russian Federation also becomes a citizen if his parents are foreigners, but the state of which they are subjects does not grant citizenship to the born.
A minor who is in Russia, whose parents are unknown, will become a citizen if they do not appear within six months from the date of his discovery.
Naturalization
This is the second common reason for acquiring Russian citizenship. The procedure and conditions are established in the 13th article of the Federal Law No. 62.
According to the norm, entities that have reached the age of majority and have legal capacity may apply with a statement if they:
- They have been living continuously in Russia for five years. A continuous period is considered if during a year a person left the country for no more than 90 days.
- Comply with the Constitution and legislation.
- Appealed to the consulate with a statement on the refusal of existing citizenship. There are, however, exceptions to this requirement. Refusal is not required in cases expressly established in federal law or international agreement, or if it is impossible due to circumstances beyond the control of the subject.
- They speak the state language of the Russian Federation.
In cases provided for by law, a five-year period may be reduced to a year.
Special cases
Subjects with services to Russia may apply to the FMS of the Russian Federation with a statement without observing the above requirements.
Persons may not comply with the condition of continuous residence and not provide a residence permit:
- They are subjects of the countries that were part of the USSR.
- Undergoing service under a contract with the RF Armed Forces, other troops, formations and military bodies for at least three years.
Simplified procedure
It involves some benefits for entities wishing to become subjects of Russia. The exemptions may relate to requirements for a period of continuous residence in the country or all conditions enshrined in Article 13 of the Federal Law No. 62, with the exception of the obligation to comply with constitutional provisions and federal legislation. The latter, however, does not apply to minors and the legally incompetent.
Basically, a simplified procedure applies to citizens:
- the former USSR, which did not receive the citizenship of the countries that were part of it;
- Arrived in the Russian Federation;
- who were registered at their place of residence on July 1, 2002, or who received RVP (temporary residence permit) prior to this date.
Preferential conditions are also provided for WWII veterans who were citizens of the USSR and living in Russia, entities married to a Russian for three years, legally incompetent and minors, whose guardians or trustees are citizens of the Russian Federation.
Recovery
It is provided for entities that were previously citizens of Russia.
These persons can obtain citizenship of the Russian Federation on the conditions enshrined in Article 13 of the Federal Law No. 62. However, for these entities the required length of residence in the country is reduced to 3 years.
Failure of the migration service
The legislation establishes the grounds for rejecting a person’s application to acquire Russian citizenship. The FMS of the Russian Federation has the right to refuse to subjects:
- Advocates for forcibly changing the foundations of the constitutional system.
- Endangering the security of the state.
- Who committed antisocial actions. In particular, we are talking about persons previously expelled from Russia, having an unexpunged / outstanding conviction, serving sentences, using forged documents, etc.
The rejection of the application must be motivated by the authorized body that made the relevant decision.
Grounds for terminating citizenship of the Russian Federation
They are established in Article 18 of the Federal Law No. 62. The subject can terminate citizenship:
- When leaving Russian citizenship.
- For other reasons, fixed by law or international agreement.
Voluntary expression of will
It is one of the key conditions for the termination of citizenship of the Russian Federation.
According to the general rules, citizenship is withdrawn at the request of a person living in Russia by presidential decree. For entities located in another state, a simplified procedure applies. Termination of citizenship of the Russian Federation is also carried out upon application by issuing a decision of the relevant body of the Ministry of Foreign Affairs.
The minor is released from citizenship if one of his parents is a citizen of Russia and the other is a foreigner, or his only parent is a citizen of another state, in a simplified manner. For this, the mother and (or) father file a corresponding application. The decision is made by authorized bodies of internal or foreign affairs.
Bans
Termination of citizenship of the Russian Federation is not allowed if the subject:
- Did not fulfill the obligation to Russia established in federal law.
- Is the accused or against him there is a court sentence that has entered into force and is subject to execution.
- It does not have the citizenship of another state and guarantees of its receipt.
Cancel decision
The decision to terminate the citizenship of the Russian Federation may be canceled if it is revealed that the person has provided deliberately false documents or provided false information about himself in the application. These facts should be established in court. Cancellation of decisions on issues related to citizenship is made by the President of the country or authorized structures of internal or foreign affairs.
Moreover, in case of cancellation of the decision become invalid from the date of their adoption.
Important points
The Federal Law No. 62 provides for certain provisions regarding the citizenship of minors and the legally incompetent. In particular, special attention is paid to situations when the citizenship of guardians, parents, and trustees changes.
The reasons for such a careful attitude to the issue of citizenship of minors and the legally incompetent are:
- The desire of the authorities to provide a single citizenship for family members.
- The need to take into account the views of the child.
- The desire to prevent statelessness in children.
- To ensure, as far as possible, the preservation of Russian citizenship among minors and the legally incompetent.
As the 9th article of the Federal Law No. 62 establishes, in order to obtain or terminate the citizenship of the Russian Federation a child of 14-18 years old requires his consent.
Conclusion
Current legislation establishes rather stringent requirements for entities wishing to obtain Russian citizenship. Migrants need to undergo a number of mandatory procedures. Among them, first of all, is getting RWP. According to general rules, entities that have lived in Russia for at least a year with permission can collect documents to obtain a residence permit. A prerequisite for obtaining a residence permit is knowledge of the basics of legislation and the Russian language.
Over the next time (the duration is set depending on the validity of the residence permit and the category of the subject), they are entitled to apply for citizenship. The simplified procedure applies only to certain individuals whose circle is defined by law.
Terminating citizenship is not always easy. After submitting the application, the authorized body must conduct an audit. If violations of the requirements of migration legislation are detected, the entity will be denied.