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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 25, 2002 No. 115-FZ

About legal status of foreign citizens in the Russian Federation

(as amended on 07-04-2020)

Accepted by the State Duma of the Russian Federation on June 21, 2002

Approved by Council of the Russian Federation on July 10, 2002

Chapter I. General provisions

Article 1. Subject of regulation of this Federal Law

This Federal Law determines legal status of foreign citizens in the Russian Federation, and also governs the relations between foreign citizens, on the one hand, and public authorities, local government bodies, officials of the specified bodies, on the other hand, arising in connection with stay (accommodation) of foreign citizens in the Russian Federation and implementation by them in the territory of the Russian Federation labor, business and other activity.

Article 2. Basic concepts

1. For the purpose of this Federal Law the following basic concepts are applied:

the foreign citizen - the physical person who is not the citizen of the Russian Federation and having the evidence of availability of nationality (citizenship) of foreign state;

the stateless person - the physical person who is not the citizen of the Russian Federation and not having the evidence of availability of nationality (citizenship) of foreign state;

the invitation to entry into the Russian Federation - the document, including the electronic document which is the basis for issue to the foreign citizen of the visa or for entry into the Russian Federation according to the procedure, not requiring receipt of a visa, in the cases provided by the Federal Law or the international treaty of the Russian Federation;

inviting party - federal body of the government, diplomatic representation and consular establishment of foreign state in the Russian Federation, the international organization and its representation in the Russian Federation, representation of foreign state under the international organization which is in the Russian Federation, public authority of the subject of the Russian Federation, local government body, the legal entity, the citizen of the Russian Federation and the foreign citizen and the person without citizenship who are constantly living in the Russian Federation, and also other the right to address with the petition for execution of the invitation to entry into the Russian Federation the bodies, the organizations and physical persons according to which petition the invitation to entry into the Russian Federation is issued to the foreign citizen or the stateless person which drove to the Russian Federation according to the visa having according to the Federal Law issued based on such invitation, or it is direct by the specified invitation in the cases provided by the Federal Law or the international treaty of the Russian Federation;

the migration card - the document containing data about the foreign citizen or the stateless person driving or arrived to the Russian Federation and about the term of their temporary stay in the Russian Federation, confirming the right of the foreign citizen or stateless person, arrived to the Russian Federation according to the procedure, not requiring receipt of a visa, on temporary stay in the Russian Federation, and also the employee for control of temporary stay in the Russian Federation the foreign citizen or the stateless person;

permission to temporary residence - confirmation of the right of the foreign citizen or stateless person temporary to live in the Russian Federation before receipt of the residence permit, drawn up in the form of mark in the identity document of the foreign citizen or stateless person, or in document type of the established form issued in the Russian Federation to the stateless person which does not have the document proving his identity. Permission to temporary residence cannot be issued in electronic form;

the residence permit - the document issued to the foreign citizen or the stateless person in confirmation of their right to permanent residence in the Russian Federation and also their rights to free departure from the Russian Federation and entry into the Russian Federation. The residence permit issued to the stateless person is at the same time and the document proving his identity. The residence permit cannot be issued in electronic form;

the foreign citizen who is legally in the Russian Federation - person having the valid residence permit, or permission to temporary residence, or the visa and (or) the migration card, or other documents provided by the Federal Law or the international treaty of the Russian Federation confirming the right of the foreign citizen to stay (residence) in the Russian Federation;

the foreign citizen who is temporarily staying in the Russian Federation - person who arrived to the Russian Federation based on the visa or according to the procedure, not requiring receipt of a visa, and received the migration card, but not having the residence permit or permission to temporary residence;

the foreign citizen who is temporarily living in the Russian Federation - person who got permission to temporary residence;

the foreign citizen who is constantly living in the Russian Federation - person who received the residence permit;

labor activity of the foreign citizen - work of the foreign citizen in the Russian Federation based on the employment contract or the civil contract for performance of works (rendering services);

the foreign worker - the foreign citizen who is temporarily staying in the Russian Federation and performing in accordance with the established procedure labor activity;

the foreign citizen registered as the individual entrepreneur - the foreign citizen registered in the Russian Federation as the individual entrepreneur performing activities without formation of legal entity;

the work permit - the document confirming the right of the foreign citizen who arrived to the Russian Federation according to the procedure, requiring receipt of a visa, and other categories of foreign citizens in the cases provided by this Federal Law on temporary implementation in the territory of the Russian Federation of labor activity;

the patent - the document confirming the right of the foreign citizen who arrived to the Russian Federation according to the procedure according to this Federal Law, not requiring receipt of a visa, except for separate categories of foreign citizens in the cases provided by this Federal Law on temporary implementation in the territory of the subject of the Russian Federation of labor activity;

deportation - forced expulsion of the foreign citizen from the Russian Federation in case of loss or the termination of legal causes for its further stay (residence) in the Russian Federation;

the foreign citizen who arrived to the Russian Federation according to the procedure, not requiring receipt of a visa, - the foreign citizen who arrived to the Russian Federation according to the procedure, not requiring receipt of a visa (except for the foreign citizen who arrived to the Russian Federation without visa according to the procedure, established for separate categories of foreign citizens (including owners of diplomatic or service (official) passports, passengers of cruise ships, members of crews of the ocean or river crafts or other vehicles, persons making transit through the territory of the Russian Federation, inhabitants of the border territories), and also the foreign citizen who arrived to the Russian Federation without visa according to the procedure, established in the special purposes, including trade and economic activity in the border territories, tourism, construction);

special facility - the special facility of federal executive body in the sphere of internal affairs or its territorial authority intended for content of the foreign citizens and stateless persons who are subject to administrative expulsion out of limits of the Russian Federation or deportation, or the foreign citizens and stateless persons who are subject to transfer by the Russian Federation to foreign state according to the international treaty of the Russian Federation on readmission or the foreign citizens and stateless persons accepted by the Russian Federation from foreign state according to the international treaty of the Russian Federation on readmission, but who do not have legal causes for stay (residence) in the Russian Federation (further also - the foreign citizens who are subject to readmission).

2. For the purpose of this Federal Law the concept "foreign citizen" includes the concept "stateless person", except as specified, when the Federal Law for stateless persons establishes the special rules different from the rules established for foreign citizens.

Article 3. The legislation on legal status of foreign citizens in the Russian Federation

The legislation on legal status of foreign citizens in the Russian Federation is based on the Constitution of the Russian Federation and consists of this Federal Law and other Federal Laws. Along with it the legal status of foreign citizens in the Russian Federation is determined by international treaties of the Russian Federation.

Article 4. Bases of legal status of foreign citizens in the Russian Federation

Foreign citizens have the rights in the Russian Federation and perform duties on an equal basis with citizens of the Russian Federation, except as specified, provided by the Federal Law.

Article 5. Temporary stay of foreign citizens in the Russian Federation

1. The term of temporary stay of the foreign citizen in the Russian Federation is determined by effective period of the visa issued to it, except as specified, provided by this Federal Law.

The term of temporary stay in the Russian Federation of the foreign citizen who arrived to the Russian Federation according to the procedure, not requiring receipt of a visa, cannot exceed ninety days totally during every period in hundred eighty days, except as specified, provided by this Federal Law and also if such term is not prolonged according to this Federal Law. At the same time the continuous term of temporary stay in the Russian Federation of the specified foreign citizen cannot exceed ninety days.

The term of temporary stay in the Russian Federation of the foreign citizen who arrived to the Russian Federation according to the procedure, not requiring receipt of a visa, and being the highly qualified specialist, and the term of temporary stay in the Russian Federation of members of his family are determined by effective period of the work permit issued to such highly qualified specialist according to article 13.2 of this Federal Law.

2. The foreign citizen who is temporarily staying in the Russian Federation shall leave the Russian Federation after effective period of its visa or other term of the temporary stay established by this Federal Law or the international treaty of the Russian Federation, except as specified, when on the date of the expiration of the specified terms to it effective period of the visa or term of temporary stay are prolonged, or the new visa, or permission to temporary residence, or the residence permit are issued to it, or the statement and other documents necessary for receipt of permission to temporary residence by it according to the procedure are accepted from it, the stipulated in Article 6.1 presents of the Federal Law, or it adopts the statement for issue of the notification on possibility of acceptance in citizenship of the Russian Federation of the foreign citizen recognized by the native speaker of Russian according to article 33.1 of the Federal Law of May 31, 2002 No. 62-FZ "About citizenship of the Russian Federation" or the statement for issue of the residence permit, or federal executive body in the sphere of internal affairs is accepted the petition of the employer or customer of works (services) for involvement of the foreign citizen to labor activity as the highly qualified specialist or the statement of the employer or customer of works (services) for prolongation of effective period of the work permit issued to such highly qualified specialist according to article 13.2 of this Federal Law or the petition of the educational organization in which the foreign citizen studies on internal or part-time form according to the main professional educational program having the state accreditation, or the petition of the federal state educational organization in which the foreign citizen studies at preparatory department or preparatory faculty according to the additional general education program providing training of foreign citizens for development of the main professional educational programs in Russian (further - preparatory faculty of the federal state educational organization), about prolongation of term of temporary stay in the Russian Federation such foreign citizen.

3. The term of temporary stay of the foreign citizen in the Russian Federation can be respectively prolonged or reduced in cases if conditions changed or circumstances in connection with which entry into the Russian Federation was resolved it ceased to exist. The term of temporary stay of the foreign citizen in the Russian Federation is reduced in case of acceptance concerning it in accordance with the established procedure decisions on not permission of entry into the Russian Federation, and also in other cases provided by the Federal Law.

4. The decision on prolongation or reducing term of temporary stay of the foreign citizen in the Russian Federation is accepted by the federal executive body knowing questions of foreign affairs, or federal executive body in the sphere of internal affairs or its territorial authorities.

The procedure for decision making about prolongation or reducing term of temporary stay of the foreign citizen in the Russian Federation is established respectively by the federal executive body knowing questions of foreign affairs, and federal executive body in the sphere of internal affairs.

5. The term of temporary stay of the foreign citizen is prolonged in case of issue to the foreign citizen of the work permit or in case of prolongation of effective period of the work permit or patent according to article 13.2 or 13.5 of this Federal Law.

The term of temporary stay in the Russian Federation of the foreign citizen is prolonged in case of issue to the foreign citizen of the patent, in case of prolongation of effective period of the patent or in case of renewal of the patent according to article 13.3 of this Federal Law, except as specified, provided by this Federal Law.

The paragraph third ceased to be valid according to the Federal Law of the Russian Federation of 24.11.2014 No. 357-FZ

Prolongation of term of temporary stay of the foreign citizen according to paragraphs the first - third this Item for the foreign citizens who arrived to the Russian Federation according to the procedure, not requiring receipt of a visa, and performing labor activity according to article 13.3 of this Federal Law is not allowed if according to intergovernmental agreements about mutual visa-free trips of the citizens such foreign citizens for entry into the Russian Federation for the purpose of implementation of labor activity over the terms established by such intergovernmental agreements receive the visa.

If the validity of the patent which is available for the foreign citizen was not extended or the patent granted to it was cancelled, this foreign citizen in case of the expiration of its temporary stay in the Russian Federation shall leave the Russian Federation.

6. The term of temporary stay in the Russian Federation of the foreign citizen who arrived to the Russian Federation and enlisting under the contract is established according to the procedure, determined by the Government of the Russian Federation.

7. The term of temporary stay in the Russian Federation of the foreign citizen who arrived to the Russian Federation for the purpose of training and arrived in the educational organization for education on internal or part-time form according to the main professional educational program having the state accreditation is prolonged before the termination of term of training of this foreign citizen on internal or part-time form in the specified educational organization. The term of temporary stay in the Russian Federation of the foreign citizen studying at preparatory faculty of the federal state educational organization is prolonged before the termination of term of training of this foreign citizen on internal or part-time form according to the main professional educational program having the state accreditation in the specified educational organization.

The term of temporary stay in the Russian Federation of the foreign citizen who arrived to the Russian Federation for the purpose of training and arrived in the educational organization for education on internal or part-time form according to the main professional educational program having the state accreditation in case of the translation of this foreign citizen in the same educational organization from one educational program having the state accreditation is prolonged for other educational program having the state accreditation, including the educational program of other level before the termination of term of training of this foreign citizen on internal or part-time form in the specified educational organization.

The term of temporary stay in the Russian Federation of the foreign citizen who arrived to the Russian Federation for the purpose of training and arrived in the educational organization for education on internal or part-time form according to the main professional educational program having the state accreditation in case of transfer of this foreign citizen to other educational organization for continuation of training on internal or part-time form according to the main professional educational program having the state accreditation is prolonged before the termination of term of training of this foreign citizen on internal or part-time form according to the main professional educational program having the state accreditation in the educational organization to which it is transferred for training continuation. The term of temporary stay in the Russian Federation of the foreign citizen who finished training at preparatory faculty of the federal state educational organization in case of its acceptance on internal or part-time form according to the main professional educational program having the state accreditation in other educational organization is prolonged for training before the termination of term of training of this foreign citizen in the specified educational program in the educational organization in which it is accepted.

The educational organization in which the foreign citizen specified in paragraph one, second or third this Item is trained shall address to territorial authority of federal executive body in the sphere of internal affairs with the petition for prolongation of term of temporary stay in the Russian Federation of this foreign citizen not later than twenty days before the termination of term of its temporary stay in the Russian Federation.

The term of temporary stay in the Russian Federation of the foreign citizen who finished training on internal or part-time form according to the main professional educational program having the state accreditation can be prolonged for a period of up to thirty calendar days from the date of expel of this foreign citizen from the educational organization in connection with completion of training in the specified main professional educational program by it for the purpose of arrival of this foreign citizen for training on internal or part-time form in the same or other educational organization for the main professional educational program of other level having the state accreditation.

The term of temporary stay of the foreign citizen specified in paragraph five of this Item can be prolonged up to thirty calendar days according to the petition of this foreign citizen or the educational organization in which this foreign citizen studied on internal to either part-time form, or the educational organization in which this foreign citizen will continue training on internal or part-time form, given to territorial authority of federal executive body in the sphere of internal affairs.

The mark about the prolongation of term of temporary stay to the foreign citizen who arrived to the Russian Federation for the purpose of training according to the procedure which is not requiring receipt of a visa is put down in the migration card.

The educational organization in which the foreign citizen specified in paragraph one, the second, third or fifth this Item studies shall notify territorial authority of federal executive body in the sphere of internal affairs on completion or the termination of training of this foreign citizen in the specified educational organization within three working days from the date of its assignment.

The form and procedure for giving of this Item of the notification specified in paragraph eight are established by federal executive body in the sphere of internal affairs.

Completion or the termination of training of the foreign citizen in the educational organization is the basis for reducing term of temporary stay of this foreign citizen in the Russian Federation if other is not provided by this Federal Law.

8. The term of temporary stay in the Russian Federation of the foreign citizen invited to the Russian Federation within the investment agreement on implementation of the investment project in the territory of the Far Eastern Federal District concluded with the foreign company, the representative or the worker of which is the specified foreign citizen, resident of the territory of the advancing social and economic development located in the territory of the Far Eastern Federal District or resident of the free port of Vladivostok, is reduced in case of completion or the termination (termination) of the specified investment agreement if there are no other bases of temporary stay of the foreign citizen in the Russian Federation.

Article 5.1. Change of term of temporary stay

1. For the purpose of ensuring national security, maintenance of optimum balance of manpower, assistance in priority procedure to employment of citizens of the Russian Federation, and also for the purpose of the solution of other tasks of domestic and foreign policy of the state the Government of the Russian Federation has the right to increase up to hundred eighty days or to reduce the term of temporary stay of the foreign citizen established by the paragraph the second Item 1 of article 5 of this Federal Law as in the territory of one or several subjects of the Russian Federation, and in all territory of the Russian Federation - concerning separate categories of the foreign citizens who are temporarily staying in the Russian Federation.

2. In case of decision making about reducing according to Item 1 of this Article of the term established by the paragraph the second Item 1 of article 5 of this Federal Law, the Government of the Russian Federation also establishes the term during which the foreign citizens who are temporarily staying in the Russian Federation at the time of adoption by the Government of the Russian Federation of the specified decision shall leave the Russian Federation.

Article 6. Temporary residence of foreign citizens in the Russian Federation

1. Permission to temporary residence can be issued to the foreign citizen within the quota approved by the Government of the Russian Federation if other is not established by this Federal Law. Effective period of permission to temporary residence constitutes three years if other is not provided by this Federal Law.

2. The quota for issue to foreign citizens of permissions to temporary residence annually affirms the Government of the Russian Federation according to offers of executive bodies of the government of subjects of the Russian Federation taking into account demographic situation as appropriate subject of the Russian Federation and opportunities of this subject for arrangement of foreign citizens.

Rules of determination and distribution of quota for issue to foreign citizens and persons without citizenship of permissions to temporary residence affirm as the Russian Federation the Government of the Russian Federation.

3. Without the Russian Federation approved by the Government of quota permission to temporary residence can be issued to the foreign citizen:

1) which is specified in Item 2 of article 8 of this Federal Law and to which the residence permit is issued without receipt of permission to temporary residence;

2) which did not reach age of eighteen years and the parent (the adoptive father, the guardian, the custodian) of which is foreign citizen and temporarily lives in the Russian Federation, - for the term of temporary residence of his parent (the adoptive father, the guardian, the custodian);

3) not reached age of eighteen years, getting permission to temporary residence together with the parent (the adoptive father, the guardian, the custodian) - the foreign citizen;

4) married to the citizen of the Russian Federation taking the residence in the Russian Federation - in subject of the Russian Federation in which the residence of the citizen of the Russian Federation who is his spouse (spouse) is located;

5) reached age of eighteen years, according to the legislation of foreign state recognized incapacitated or limited in capacity to act, getting permission to temporary residence together with the parent (the adoptive father, the guardian, the custodian) - the foreign citizen;

6) which reached age of eighteen years according to the legislation of foreign state it is acknowledged incapacitated or limited in capacity to act and the parent (the adoptive father, the guardian, the custodian) of which is foreign citizen and temporarily lives in the Russian Federation, - for the term of temporary residence of his parent (the adoptive father, the guardian, the custodian);

7) performed investments in the Russian Federation in the amount of, established by the Government of the Russian Federation;

8) enlisted, - for the term of its military service;

9) being the participant of the State program on rendering assistance to voluntary resettlement to the Russian Federation the compatriots living abroad and to the members of his family moving together with it to the Russian Federation;

10) being the citizen of the state which was part of the USSR, and got professional education in the state educational organization of the higher education, the state professional educational organization or the state scientific organization located in the territory of the Russian Federation for the educational programs having the state accreditation;

11) being the citizen of Ukraine or the person without citizenship who were constantly living in the territory of Ukraine, acknowledged refugees or been granted provisional asylum in the territory of the Russian Federation;

12) moving to the Russian Federation on the permanent residence according to international treaties of the Russian Federation on regulation of process of resettlement and protection of the rights of immigrants.

4. The territorial authority of federal executive body in the sphere of internal affairs, according to the application submitted to the specified body by the foreign citizen who is temporarily staying in the Russian Federation or according to the application submitted by the foreign citizen to diplomatic representation or consular establishment of the Russian Federation in the state of accommodation of this citizen in four-months time issues to the foreign citizen permission to temporary residence or refuses to it issue of such permission.

In the sphere of internal affairs the application can be submitted to territorial authority of federal executive body in electronic form with use of information and telecommunication networks public, including the Internet, including the single portal of the state and municipal services.

The foreign citizen who filed petition in the territory of the Russian Federation passes obligatory state dactyloscopic registration across the place of filing of application. Obligatory state dactyloscopic registration of the foreign citizen who filed petition in diplomatic representation or consular establishment of the Russian Federation in the state of accommodation of this citizen is carried out in the place of issue of permission to temporary residence to it.

5. The territorial authority of federal executive body in the sphere of internal affairs, in case of consideration of the application of the foreign citizen for issue of permission to temporary residence sends inquiries to security service, service of bailiffs, social welfare institutions, bodies of health care and other interested bodies which from the date of receipt of request submit information on availability or on lack of the circumstances interfering issue to the foreign citizen of permission to temporary residence within two-month term. The direction of requests and receipt of information are if technically possible performed with use of means of ensuring of interdepartmental electronic interaction.

6. If to the foreign citizen it was refused issue of permission to temporary residence or the permission to temporary residence which is earlier issued to it cancelled, he has the right to submit repeatedly in the same order the application for issue of permission to temporary residence to it not earlier than in one year from the date of variation of its previous statement for issue of permission to temporary residence or cancellations of the permission to temporary residence which is earlier issued to it.

7. Permission to temporary residence contains the following data: the surname, name (written by letters of the Russian and Latin alphabets), birth date and birth place, floor, nationality of the foreign citizen, number and decision date about issue of permission, permission effective period, the name of the executive body which issued permission is also drawn up in the form of mark in the identity document of the foreign citizen and recognized by the Russian Federation in this quality (further also - the identity document of the foreign citizen), or in document type in the forms approved by federal executive body in the sphere of internal affairs.

8. Approval procedure on temporary residence and the list of the documents submitted along with the statement for issue of permission to temporary residence affirm authorized federal executive body.

The approval procedure on temporary residence, the application form about issue of permission to temporary residence and the list of the documents submitted along with the statement and also procedure for filing of application electronically with use of information and telecommunication networks public, including the Internet, including the single portal of the state and municipal services, affirms federal executive body as the sphere of internal affairs.

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