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It is registered

Ministry of Justice

Russian Federation

On January 22, 2014 No. 31077

ORDER OF THE FEDERAL MIGRATION SERVICE OF THE RUSSIAN FEDERATION

of April 22, 2013 No. 215

About approval of Administrative regulations of provision by the Federal Migration Service of the state service in issue to foreign citizens and persons without citizenship of the residence permit in the Russian Federation

(as amended on 13-08-2015)

According to the Federal Law of July 27, 2010 to No. 210-FZ "About the organization of provision of the state and municipal services" <1>, the order of the Government of the Russian Federation of May 16, 2011 to No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" <2> and for the purpose of implementation of the Federal Law of July 25, 2002 to No. 115-FZ "About legal status of foreign citizens in the Russian Federation" <3> I order:

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<1> Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 70614; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651.

<2> Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070.

<3> Russian Federation Code, 2002, No. 30, Art. 3032; 2003, No. 27, Art. 2700; No. 46, Art. 4437; 2004, No. 35, Art. 3607; No. 45, Art. 4377; 2006, No. 30, Art. 3286; No. 31, Art. 3420; 2007, No. 1, Art. 21; No. 49, Art. 6071; No. 50, Art. 6241; 2008, No. 19, Art. 2094; No. 30, Art. 3616; 2009, No. 19, Art. 2283; No. 23, Art. 2760; No. 26, Art. 3125; No. 52, Art. 6450; No. 21, Art. 2542; 2010, No. 30, Art. 4011; No. 31, Art. 4196; No. 40, Art. 4969; No. 52, Art. 7000; 2011, No. 1, Art. 29, 50; No. 13, Art. 1689; No. 17, Art. 2318, 2321; No. 27, Art. 3880; No. 30, Art. 4590; No. 47, Art. 6608; No. 49, Art. 7043, 7061; No. 50, Art. 7432, 7352; 2012, No. 31, Art. 4322; No. 47, Art. 6369, 6397; No. 53, Art. 7640, Art. 7645.

1. Approve the enclosed Administrative regulations of provision by the Federal Migration Service of the state service in issue to foreign citizens and persons without citizenship of the residence permit in the Russian Federation.

2. Recognize invalid:

the order of FMS of Russia of February 29, 2008 No. 41 "About approval of Administrative regulations on provision by the Federal Migration Service of the state service in issue to foreign citizens and stateless persons of the residence permit in the Russian Federation" <1>;

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<1> Registration No. 11525 is registered by the Ministry of Justice of the Russian Federation on April 14, 2008.

Items 3 - 5 Changes made to regulatory legal acts of the Federal Migration Service, approved by the order of FMS of Russia of May 21, 2010 No. 123 "About modification of regulatory legal acts of the Federal Migration Service" <1>;

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<1> Registration No. 17605 is registered by the Ministry of Justice of the Russian Federation on June 21, 2010.

the order of FMS of Russia of October 14, 2010 No. 343 "About modification of the Administrative regulations on provision by the Federal Migration Service of the state service in issue to foreign citizens and stateless persons of the residence permit in the Russian Federation approved by the order of FMS of Russia of February 29, 2008 No. 41" <1>;

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<1> Registration No. 18941 is registered by the Ministry of Justice of the Russian Federation on November 11, 2010.

Item 2 of the Changes made to regulatory legal acts of the Federal Migration Service approved by the order of FMS of Russia of May 30, 2011 No. 240 "About modification of regulatory legal acts of the Federal Migration Service" <1>;

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<1> Registration No. 21426 is registered by the Ministry of Justice of the Russian Federation on July 21, 2011.

the order of FMS of Russia of June 8, 2011 No. 253 "About modification of the Administrative regulations on provision by the Federal Migration Service of the state service in issue to foreign citizens and stateless persons of the residence permit in the Russian Federation approved by the order of FMS of Russia of February 29, 2008 No. 41" <1>.

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<1> Registration No. 21428 is registered by the Ministry of Justice of the Russian Federation on July 21, 2011.

3. To impose control of execution of this order on the deputy manager of the Federal Migration Service on the supervised activity.

Head

K. O. Romodanovsky

Appendix

to the Order of the Federal Migration Service of the Russian Federation of April 22, 2013 No. 215

Administrative regulations of provision by the Federal Migration Service of the state service in issue to foreign citizens and persons without citizenship of the residence permit in the Russian Federation

I. General provisions

Regulation subject

1. The administrative regulations of provision by the Federal Migration Service of the state service in issue to foreign citizens and persons without citizenship of the residence permit in the Russian Federation <1> establish the standard and procedure for provision by territorial authorities of FMS of Russia and their structural divisions of the state service in issue to foreign citizens and persons without citizenship of the residence permit in the Russian Federation <2>.

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<1> Further - "Administrative regulations", "the state service" respectively. <

2> Further - "residence permit".

Circle of applicants

2. Applicants are:

the foreign citizen or the stateless person <1> who reached 18-year age, having permission to temporary residence in the Russian Federation <2>, addressed to territorial authority of FMS of Russia in the permitted place of temporary residence with the statement for issue of the residence permit including concerning the foreign citizen receiving together with it the residence permit having permission to temporary residence who did not reach 18-year age or recognized incapacitated or limited in capacity to act, the parent, the adoptive father, the guardian or the custodian of which it is;

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<1> Further - "foreign citizen" if for the stateless person the rules other than the rules established for the foreign citizen are not established.

<2> Further - "permission to temporary residence".

the foreign citizen who is performing labor activity in the Russian Federation according to the procedure, No. 115-FZ determined by article 13.2 of the Federal Law of July 25, 2002 "About legal status of foreign citizens in the Russian Federation" <1>, reached 18-year age, legally being in the territory of the Russian Federation, addressed to territorial authority of FMS of Russia in the expected place of permanent residence with the statement for issue of the residence permit, including concerning the children who did not reach 18-year age or recognized incapacitated or limited in capacity to act, legally being in the territory of the Russian Federation;

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<1> Further - "highly qualified specialist".

members of the family of the highly qualified specialist (the spouse (spouse), children (including adopted), the spouses of children, parents (including receptions), spouses of parents, grandmothers, grandfathers, grandsons) who reached 18-year age, legally being in the territory of the Russian Federation, addressed to territorial authority of FMS of Russia in the expected place of permanent residence with the statement for issue of the residence permit;

the citizen of the Russian Federation or the foreign citizen living in the Russian Federation based on the residence permit, addressed to territorial authority of FMS of Russia in the place of the residence (stay) with the statement for issue of the residence permit concerning the foreign citizen who did not reach 18-year age or recognized incapacitated or limited in capacity to act, having permission to temporary residence in the Russian Federation, the parent, the adoptive father, the guardian or the custodian of which it is; 

the foreign citizen who is the participant of the State program on rendering assistance to voluntary resettlement to the Russian Federation the compatriots living abroad, the Russian Federation approved by the Presidential decree of June 22, 2006 No. 637 <1> and the members of his family <2> who moved together with it having permission to temporary residence addressed to territorial authority of FMS of Russia in the territory of installation with the statement for issue of the residence permit;

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<1> Russian Federation Code, 2006, No. 26, Art. 2820; 2009, No. 11, Art. 1278; No. 27, Art. 3341; 2010, No. 3, Art. 275; 2012, No. 38, Art. 5074. Further - "State program".

<2> Further - "family members".

the citizen of the Republic of Belarus who reached 18-year age, legally being in the territory of the Russian Federation, addressed to territorial authority of FMS of Russia in the expected place of permanent residence with the statement for issue of the residence permit, without receipt of permission to temporary residence, including concerning the citizen of the Republic of Belarus receiving together with it the residence permit who did not reach 18-year age or recognized incapacitated or limited in capacity to act, the parent, the adoptive father, the guardian or the custodian of which it is;

the foreign citizen living in the territory of the Russian Federation at whom citizenship of the Russian Federation is stopped, addressed to territorial authority of FMS of Russia in the place of the residence with the statement for issue of the residence permit;

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" <3>, filed petition for issue of the residence permit in territorial authority of FMS of Russia which decision of the commission this foreign citizen is acknowledged the native speaker of Russian;

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<3> Russian Federation Code, 2002, No. 22, Art. 2031; 2003, No. 46, Art. 4447; 2004, No. 45, Art. 4377; 2006, No. 2, Art. 170; No. 31, Art. 3420; 2007, No. 49, Art. 6057; No. 50, Art. 6241; 2008, No. 40, Art. 4498; 2009, No. 1, Art. 9; No. 26, Art. 3125; 2012, No. 47, Art. 6393; 2013, No. 27, Art. 3461, 3477; No. 44, Art. 5638; 2014, No. 16, Art. 1828, 1829. Further - "the foreign citizen recognized by the native speaker of Russian". (the footnote is entered by the Order of FMS of Russia of 09.07.2014 No. 438)

the foreign citizen and members of his family who by the Russian Federation are granted political asylum, the stay which addressed to territorial authority of FMS of Russia in the place with the statement for issue of the residence permit.

Requirements to procedure for informing on provision of the state service

3. Information on questions of provision of the state service is provided:

at information stands it is direct in the territorial authorities of FMS of Russia and their structural divisions participating in provision of the state service;

on the official site of FMS of Russia (www.fms.gov.ru) and the official sites of territorial authorities of FMS of Russia on the Internet <1> (appendix No. 1 to Administrative regulations);

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<1> Further - "official site".

in the federal state information system "Single Portal of the State and Municipal Services (Functions)" <1> (www. gosuslugi.ru);

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<1> Further - "the single portal".

the staff of law-enforcement bodies of the Russian Federation attached to FMS of Russia, federal government civil servants, employees of territorial authorities of FMS of Russia and their structural divisions <1> during personal acceptance;

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<1> Further - "employees".

in the multipurpose centers of provision of the state and municipal services <1>;

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<1> In case of the conclusion territorial authority of FMS of Russia with the multipurpose center of the relevant agreement. Further - "the multipurpose center".

with use of means of telephone communication, e-mail, publications in mass media, editions of information materials (brochures, booklets, reference cards).

The main requirements to informing applicants are:

reliability of the provided information;

clearness in information statement;

completeness of informing;

presentation of forms of the provided information;

convenience and availability of receipt of information;

efficiency of provision of information.

4. Information on questions of provision of the state service includes the following data:

postal address, phone numbers, e-mail address and official sites of FMS of Russia and its territorial authorities (appendix No. 1 to Administrative regulations);

schedule (mode) of work of the relevant territorial authority of FMS of Russia and its structural divisions;

addresses of other organizations participating in provision of the state service including addresses of finding of the nearest bank institutions in which it is possible to make payment of the state fee;

the name of the legislative and other regulatory legal acts regulating question of receipt of the residence permit by foreign citizens;

procedure for receipt of consultations (certificates) of provision of the state service;

procedure for provision of the state service;

categories of applicants to whom the state service is provided;

forms of statements for issue of the residence permit and models of their filling;

the list of the documents submitted by the applicant for receipt of the residence permit, requirements imposed to these documents;

term of provision of the state service;

result of provision of the state service with obligatory specifying of the bases of refusal in issue of the residence permit;

procedure for informing on the course and results of provision of the state service;

bank details for payment of the state fee;

procedure for pre-judicial (extrajudicial) appeal of decisions, actions or failure to act of officials of territorial authorities of FMS of Russia;

flowchart of provision of the state service (appendix No. 2 to Administrative regulations).

Application forms are available to filling and printing by the applicant on the official sites of FMS of Russia and territorial authorities of FMS of Russia, on the single portal.

5. Informing on the course of provision of the state service is performed:

in case of the personal address of the applicant;

by means of mail, telephone communication;

by means of the single portal.

At any time from the moment of documents acceptance for issue of the residence permit the applicant has the right to data on the course of provision of the state service in case of the personal address.

6. The applicants who submitted to territorial authorities of FMS of Russia documents for issue of the residence permit are without fail informed by employees:

about the refusal bases in issue of the residence permit;

about the term of consideration of the application about issue of the residence permit <1>;

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<1> Further - "statement".

about procedure for receipt of the residence permit.

7. Consultations are provided by authorized employees in case of the personal or written address of person, by means of the official site, telephone communication or e-mail.

Consultations of general nature (about the location, the working schedule and required documents) can be provided with use of means of autoinforming. When autoinforming the round-the-clock provision of reference information is provided.

8. Consultations are provided on the following questions:

about the structural divisions of territorial authority of FMS of Russia authorized on reception of an application and on issue of the residence permit including information on the place of their stay;

about the list of the documents submitted for receipt of the residence permit and requirements imposed to them;

about requirements to identity documents of foreign citizens;

about the amount of the state tax;

about time of reception of applications and issue of the residence permit;

about the term of provision of the state service;

about procedure for appeal of decisions, actions or failure to act of the officials providing the state service.

9. The applicant can choose two options of receipt of personal consultation: in the mode of general queue or by appointment (including by phone).

Waiting time of receipt of personal consultation shall not exceed 15 minutes.

The employee performing individual oral consultation shall take all necessary measures for giving complete and prompt response on the questions posed, including with involvement of other employees.

Time of individual oral consultation of each applicant cannot exceed 15 minutes.

If making the answer requires long time, the employee performing individual oral consultation can suggest interested persons to apply for necessary information in writing or to fix other time, convenient for interested persons, for oral consultation.

For ensuring individual oral consultation in divisions certain employees are appointed. The employees performing personal reception of citizens shall have personal identification plates (badges).

All consultations are provided on a grant basis.

Phone calls are received according to the working schedule of employees who directly interact with the applicant.

In case of answers by phone to the oral address the employee performing acceptance and informing tells the addressed person the surname, name, middle name, post and the name of division. During the conversation it is necessary to pronounce words accurately, to avoid simultaneous conversation with surrounding people and not to interrupt conversation.

Time of conversation shall not exceed 10 minutes.

In case of impossibility of the employee who received call to answer independently the questions posed the phone call shall be readdressed (is transferred) to other official or to the addressed applicant telephone number according to which it is possible to obtain necessary information shall be told.

10. In case of receipt from the applicant of request for receipt of written consultation the territorial authority of FMS of Russia shall answer it till 30 calendar days from the date of registration of the written address.

Answers to written addresses go in writing and shall contain: answers to the questions posed, surname, initials and phone number of the contractor. The answer is signed by the head of territorial authority of FMS of Russia (deputy) or his structural division (deputy).

11. Acceptance of applicants by the staff of territorial authorities of FMS of Russia and their structural divisions participating in provision of the state service is made according to the following schedule:

 

Days of the week

Operating mode

Monday

14.00 - 20.00

Tuesday

9.00 - 15:00

Environment

acceptance of applicants is not carried out

Thursday

14.00 - 18.00

Friday

9.00 - 15:00

Saturday

second Saturday of month 10.00 - 12.00

 

Time of provision of break for rest and food of employees is established from 13:00 till 13:45.

Taking into account temporary and climatic conditions, and also features of administrative-territorial division of the subject of the Russian Federation, change by the head of territorial authority of FMS of Russia of time of acceptance of applicants is allowed, but at the same time acceptance shall be organized so that to exclude formation of queues.

In case of increase in number of addresses of applicants according to the decision of the head of territorial authority of FMS of Russia duration of time of acceptance can be increased, but shall not exceed duration of the working day established by the legislation of the Russian Federation.

II. Standard of provision of the state service

Name of the state service

12. Issue to the foreign citizen and stateless person of the residence permit in the Russian Federation.

The name of the body providing the state service

13. The state service is directly provided by territorial authorities of FMS of Russia and their structural divisions.

14. Territorial authorities of FMS of Russia and their structural divisions <1> in case of issue of the residence permit interact with territorial authorities:

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<1> Further - "territorial authorities of FMS of Russia".

Ministry of Internal Affairs of Russia;

FSB of Russia;

FNS of Russia;

FSSP of Russia;

Federal Registration Service;

social security authorities of the population, bodies of health care and other interested bodies <1>.

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<1> In case of consideration of the applications in the closed administrative-territorial educations inquiries are sent to the authorized bodies provided by Regulations on providing particular treatment in the closed administrative-territorial education in the territory of which objects of the Ministry of Defence of the Russian Federation, the approved order of the Government of the Russian Federation of June 26, 1998 No. 655 (The Russian Federation Code, 1998, No. 27, Art. 3180 are located; No. 38, Art. 4812; 2003, No. 33, Art. 3269; 2005, No. 29, Art. 3058; 2009, No. 50, Art. 6098; No. 52, the Art. 6601), and Regulations on procedure for providing particular treatment in the closed administrative-territorial education in the territory of which objects of State Atomic Energy Corporation "Rosatom", the approved order of the Government of the Russian Federation of June 11, 1996 No. 693 (The Russian Federation Code, 1996, No. 40, Art. 4645 are located; 1997, No. 14, Art. 1637; 2003, No. 33, Art. 3269; 2009, No. 18, Art. 2244).

15. Procedures of interaction with the specified bodies and the organizations are determined by Administrative regulations, and also other regulatory legal acts of the Russian Federation and the relevant agreements.

16. By provision of the state service territorial authorities of FMS of Russia have no right to demand from the applicant of implementation of actions the, including coordination necessary for receipt of the state service and connected with the appeal to other state bodies, local government bodies, the organizations, except for requests for receipt of service in medical examination with issue of the reference for the purpose of provision of the state service (Item 27 of the list of services which are federal executive bodies of the state services, necessary and obligatory for provision, and are provided by the organizations participating in provision of the state service, No. 352 <1> approved by the order of the Government of the Russian Federation of May 6, 2011).

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<1> Russian Federation Code, 2011, No. 20, Art. 2829; 2012, No. 14, Art. 1655; No. 36, Art. 4922; 2013, No. 33, Art. 4382.

Result of provision of the state service

17. Provisions of the state service are result:

issue to the foreign citizen of the residence permit (decision making about issue of the residence permit, the direction to the foreign citizen of the notification on the made decision, registration and issue to the foreign citizen of the residence permit);

refusal in issue to the foreign citizen of the residence permit (decision making about refusal in issue of the residence permit, the direction to the foreign citizen of the notification on the made decision, issue to the foreign citizen of the notification on refusal in issue of the residence permit);

prolongation of effective period of the residence permit.

Term of provision of the state service

18. Aggregate term of provision of the state service constitutes 6 months from the date of adoption of the statement.

The term of provision of the state service in the application submitted by the foreign citizen who is the participant of the State program, and members of his family constitutes 2 months from the date of adoption of the statement.

The term of provision of the state service in the application submitted by the highly qualified specialist and members of the family of the highly qualified specialist who arrived to the territory of the Russian Federation constitutes 3 months from the date of adoption of the statement.

The term of provision of the state service in the application submitted by the citizen of the Republic of Belarus who did not get earlier permission to temporary residence constitutes 3 months from the date of adoption of the statement.

The term of provision of the state service in the application submitted by the foreign citizen at whom citizenship of the Russian Federation is stopped constitutes 15 working days from the date of adoption of the statement.

The term of provision of the state service in the application submitted by the foreign citizen recognized by the native speaker of Russian constitutes 2 months from the date of adoption of the statement. 

The term of provision of the state service in the application submitted by the foreign citizen who by the Russian Federation is granted political asylum constitutes 15 working days from the date of adoption of the statement.

19. The maximum term of consideration of the application about prolongation shall not exceed 2 months from the date of adoption of such statement.

The regulatory legal acts regulating provision of the state service

20. Provision of the state service is performed according to:

Constitution of the Russian Federation <1>;

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<1> Russian Federation Code, 2009, No. 4, Art. 445.

Civil code of the Russian Federation <1>;

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<1> Russian Federation Code, 1994, No. 32, Art. 3301; 2013, No. 44, Art. 5641.

Tax Code of the Russian Federation <1>;

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<1> Russian Federation Code, 1998, No. 31, Art. 3824; 2013, No. 44, Art. 5646.

The Federal Law of August 15, 1996 No. 114-FZ "About procedure for departure from the Russian Federation and entry into the Russian Federation" <1>;

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<1> Russian Federation Code, 1996, No. 34, Art. 4092; 1998, No. 30, Art. 3606; 1999, No. 26, Art. 3175; 2003, No. 2, Art. 159; No. 27, Art. 2700; 2004, No. 27, Art. 2711; 2006, No. 27, Art. 2877; No. 31, Art. 3420; 2007, No. 1, Art. 29; No. 3, Art. 410; No. 49, Art. 6071; No. 50, Art. 6240; 2008, No. 19, Art. 2094, No. 20, Art. 2250; No. 30, Art. 3583, 3616; No. 49, Art. 5735, 5748; 2009, No. 7, Art. 772; No. 26, Art. 3123; No. 52, Art. 6407, 6413, 6450; 2010, No. 11, Art. 1173, No. 15, Art. 1740, 1756; No. 21, Art. 2542; No. 30, Art. 401; No. 31, Art. 4169; No. 52, Art. 7000; 2011, No. 1, Art. 16; No. 1, Art. 28, 29; No. 13, Art. 1689; No. 15, Art. 2021; No. 17, Art. 2321; No. 50, Art. 7339, 7340, 7342; 2012, No. 31, Art. 4322; No. 47, Art. 6398; No. 53, Art. 7597, 7628, 7646; 2013, No. 23, Art. 2866, 2868; No. 27, Art. 3470, 3477; No. 30, Art. 4040, 4057.

The Federal Law of May 31, 2002 No. 62-FZ "About citizenship of the Russian Federation"; (the paragraph is entered by the Order of FMS of Russia of 09.07.2014 No. 438) the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation" <1>;

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<1> Further - "Federal Law".

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