Reasons for refusal of a residence permit in the Russian Federation

Nov, 11 2020

A residence permit is a document that grants a foreigner the right to live in Russia for a long time. Unlike a temporary residence permit, it is perpetual. Of course, when the migration service does not initiate the procedure for its cancellation, a residence permit gives a foreigner most of the rights and obligations that citizens have. There are some exceptions though. For example, this document does not allow you to participate in elections.

The standard procedure for obtaining a residence permit in Russia implies that a citizen of another state has been living in the country for at least a year. Also, they must first obtain a temporary residence permit and only based on this document apply for a residence permit. However, certain categories of foreigners can do without these formalities by obtaining a residence permit under the simplified system.

Migration legislation also provides an ultimate list of possible reasons for refusal of a residence permit in the Russian Federation because a foreigner may be refused a residence permit. Before submitting documents and paying a state fee, it is important to make sure you do not meet any of the criteria serving as grounds for refusal. After all, the amount of the state fee is not refunded, even if your application was rejected.

So, who cannot get a residence permit in the Russian Federation?

Reasons for refusing a residence permit in the Russian Federation:

  • Safety endangerment of the state and its citizens.
  • Support for any terrorist or extremist activity.
  • Forged documents or false personal information submission to the state authorities.
  • Deportation or administrative removal from Russia took place within 5 years before a residence permit application.
  • An enforceable court decision finding the applicant guilty of a serious or particularly serious crime, even if the trial took place outside of Russia.
  • A criminal record for a serious or particularly serious crime, both in Russia and in any other country.
  • More than one administrative offense committed within one year, especially if the violations are related to an infringement of public order and public safety.
  • Lack of stable income and ability to support oneself.
  • Homelessness: this rule applies only to foreigners who have been living in the country for at least three years. Living premises are not necessarily one’s own apartment or house, but rented housing is also suitable as a place of permanent residence.
  • Moving from Russia to another country for permanent residence.
  • Sham marriage with a Russian citizen to obtain a residence permit. But before officials refer to this paragraph, the marriage must be declared fictitious through the court.
  • Drug addiction and some other socially unsafe illnesses the applicant suffers from.

Apart from the impressive list, there are other grounds for refusal of a residence permit. For example, a decision on the undesirability of their residence in the Russian Federation or a ban on entry to the country approved by official state bodies.

Consequences of residence permit refusal in Russia

Do not forget: if a foreigner is denied a residence permit, they must leave the country within three days after receiving an official response from the migration service. This is a legal requirement, so after the specified period, the presence of a foreigner in the country becomes illegal. However, a citizen of another state may not leave the country if he/she believes he/she was groundlessly refused a residence permit. But they must appeal the decision of the migration authority through the court if it is the case.

If a foreigner does not plan to appeal the decision, they will have to leave the country. Otherwise, they may be forcibly expelled from the Russian Federation. As we mentioned above, this may become an obstacle to processing documents in the future. Therefore, it is better not to bring them to deportation.

What to do in case of refusal

What should a foreign citizen do if they received a notification from the migration authority that he/she was refused a residence permit? In this case the migrant has the right to appeal the decision administratively or in court.

The administrative procedure requires that you file a complaint with the Ministry of Internal Affairs. It cannot be unfounded: you need to prove you were refused a residence permit for no reason. However, this is a less complex and lengthy process than going to court. And yet when choosing this strategy, one should turn to qualified lawyers to settle the conflict.

Judicial procedure is the filing of a complaint to the court. Moreover, in such an eventuality, it is the court that must check the legality and validity of the refusal of a residence permit. But do not expect officials to work hard without your help. So, it is better to involve experienced lawyers again.

Finally, let us remind how to proceed to get a residence permit. To do this, foreigners apply to the territorial body of the Ministry of Internal Affairs. Here the migration service receives the application, and foreigners get the documents. But there is one thing: the appeal period is limited, and one can receive an official notification too late, when it is no longer possible to challenge it. To prevent this, check your application status:

  • visit the Migration Service or a diplomatic office in person;
  • submit written requests to the Ministry of Internal Affairs;
  • periodically communicate with the officials over the phone;
  • check the application status on the official website of the Ministry of Internal Affairs.

You do not need to use all the methods at the same time, just choose the most convenient one. However, remember, the application can be considered for about four months, and then they might tell whether a decision has been made or not. The results can only be known in person.

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