Is it possible to obtain Russian citizenship by marriage to a resident of Russia: main stages and grounds for refusal

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Russian legislation provides that a foreigner has the right to obtain Russian citizenship in a general and simplified manner.

According to the general procedure, a foreigner must live in the Russian Federation legally, obtain a residence permit, and only then apply for citizenship; all this will take about 6 years.

However, shorter periods of residence in the Russian Federation are established for representatives of foreign citizens who are married to a citizen of (civil) Russia.

What is a quota and who has the right to apply for a temporary residence permit without it?

Quotas are the maximum number of temporary residence permits that can be issued annually determined by the government of the Russian Federation in each specific region. For Moscow, for example, 2000 have been allocated.

Persons who can document the following are entitled to receive outside the quota:

- fact of birth in the Russian Federation, including during the existence of the USSR (if the latter was a citizen);

— their incapacity in the presence of capable Russian children,

— presence of an incapacitated Russian parent;

— presence of a minor Russian child;

— the presence of an adult Russian child recognized as incompetent;

— the fact of marriage with a Russian;

- fact of service in the Russian armed forces;

- fact of participation in the resettlement program for compatriots.

In addition, persons investing in the Russian economy have this right (subject to meeting a certain financial threshold).

So, a foreigner who has married a Russian can obtain a temporary residence permit without a quota and, after waiting for the required annual qualification, apply for a residence permit. Since the time frame for consideration of the application is 4 months, you can submit documents 4 months before the expiration of the annual qualification.

How to obtain Russian citizenship by marriage? What are the conditions for obtaining Russian citizenship for children?

In order to obtain citizenship of the Russian Federation, you need to marry a citizen, after which the registration procedure will take a minimum of time. In fact, there are certain rules, beyond which you put yourself and the people helping you at risk. Let's consider the issue of obtaining citizenship by marriage, that is, if you have a wife and children who already have Russian citizenship.

Reality in 2021: obtaining Russian citizenship by marriage and children

New grounds for obtaining Russian citizenship based on children and marriage from 2020

Previously, a foreigner could become a citizen of the Russian Federation quite quickly, since the basis was marriage with a citizen of the Russian Federation. For this reason, a residence permit was required. And the foreigner must have lived married to a citizen of the Russian Federation for at least 3 years.

On July 14, 2021, Decree of the President of the Russian Federation dated July 24, 2020 No. 477 . With this decree, the Russian authorities simplified the life of foreigners who have linked their fate with a citizen of the Russian Federation. If the couple does not have children together, then the procedure for considering the petition is the same. Namely, after 3 years, you can accept citizenship, and the necessary condition is the presence of a residence permit. But if a child appears in the family, the process changes.

Obtaining Russian citizenship by marriage and children, conditions for granting

In the migration legislation of the Russian Federation, there are exceptions to the rules that allow one to obtain Russian citizenship on preferential terms. One of them is being married to a citizen of the Russian Federation and having children together, i.e., obtaining Russian citizenship by marriage and obtaining Russian citizenship by children. Let's consider these nuances.

• A foreigner who is married to a citizen of the Russian Federation and has children in common must apply for one of the statuses: temporary residence permit or residence permit in order to obtain Russian citizenship for children or to obtain Russian citizenship by marriage. First you need to make a RVP. Since these foreign citizens are applying for Russian citizenship under a simplified version, there is no longer a need to obtain a residence permit. If, after all, you received a residence permit out of ignorance, then it’s okay: you apply with a residence permit. In a word, the main condition for obtaining Russian citizenship by marriage is the presence of one of the statuses.
• The date of marriage does not matter. It is important that a family has common children. If there is a child, a foreign citizen does not wait the required three years, but applies for Russian citizenship for the child in 2021 almost immediately after the birth of the child.
• The Russian spouse must have permanent registration. The passport must have a registration stamp. Temporary registration will not work; this is not included in the grounds for simplified acquisition of Russian citizenship by marriage.
• The number of children in the family does not affect the receipt of Russian citizenship for a child in 2021. The main thing is that the children are common.
• Children of a foreigner do not need to be Russian citizens. The application is still being submitted. But still, the main condition remains the fact that the children must be common.

Obtaining Russian citizenship by marriage and children. Cost of obtaining citizenship documents

Obtaining Russian citizenship by marriage in 2021 with a common child: basic steps

Now we have come closer to a step-by-step mechanism for considering the main criteria by which the collection and submission of documents for obtaining Russian citizenship by marriage takes place. What steps need to be taken to satisfy the request:

• Residence permit or temporary residence permit status and obtaining them. Having even six common children does not give you the right to apply for Russian citizenship by marriage. Only obtaining the status of temporary residence permit or residence permit can bring a foreigner closer to obtaining Russian citizenship. Moreover, he will receive it outside the quota, on the basis of marriage with a Russian citizen. If the child is Russian and has permanent registration, then a temporary residence permit does not need to be issued. You immediately receive a residence permit; such a right for a foreigner is established by law.
• After the status is issued, registration is required within a week or 7 working days. Having migration registration will not work. The law clearly states what is required to apply for citizenship by marriage. Registration must be arranged in advance.
• Layout of a package of documents. All documents need to be organized. Your result will depend on how you look during the conversation with the inspector and when passing the citizenship exam. It will be necessary to submit an application that is complex in content and meaning. Pass the exam. Pay money for the state fee.
• We make an appointment to submit documents. To do this, we come to the migration department of the Ministry of Internal Affairs, take a coupon through the terminal or at the window. You can get a ticket online.
• At the appointed time, we come to the migration department with an application and a full package of ready-made documents. At the entrance, the authorized employee is required to show an identification document and the entry slip that you received in advance. Then, having already received an internal coupon, you wait your turn and give all the documents to the inspector for verification. After studying them, if everything is fine, you will be issued a certificate stating that the documents have been taken for study. It is worth keeping the received certificate, otherwise, if it is lost, there will be no evidence of submission of documents.
• The waiting time for a response is the same in almost all cases and is 3 months. But slight delays are possible, so you should be patient and wait.
• Finally, the day of waiting has come, and you have been granted citizenship. We contact the local migration department, where an employee will set a day for taking the oath.
• The procedure for taking the oath is mandatory; without taking it, it is impossible to become a citizen of the Russian Federation. The main thing is to clearly read the oath of allegiance to Russia.
• After completing all the formalities and the ceremonial part, we begin organizing events to obtain a passport and obtain Russian citizenship by marriage in 2021.

Documents for citizenship

All documents that must be provided in each situation are listed in Decree of the President of the Russian Federation dated November 14, 2002 N 1325 (as amended on October 6, 2020) “On approval of the Regulations on the procedure for considering issues of citizenship of the Russian Federation”

Documents for residence permit by marriage

Standard package includes:

— application for a residence permit to the local Main Department of Migration Affairs of the Ministry of Internal Affairs;

— passport with temporary residence permit;

— photo (4 copies)

- evidence of legal income (there must be the required minimum): certificate in Form 2 of personal income tax, bank account statement, letter from the employer;

— certificates of passing a medical commission and the absence of dangerous infections; drug addiction, HIV, etc.

— proof of the availability of housing (personal or rented) for those who have lived in Russia for more than three years;

— receipt of payment of state duty — 5,000 rubles.

An important nuance: in each specific case, an additional set of documents may be required, or vice versa - the list of required papers may be reduced.

How to apply for citizenship?

It should be emphasized that a foreigner receives the right to obtain citizenship by marriage only if he has received a residence permit, and at least 3 years must have passed from the date of registration of marriage with a Russian man (Russian woman).

If these conditions are met, then the foreigner can submit an application for Russian citizenship in Russian in 2 copies.

Such an application is submitted to the FMS office at the place of residence. Foreigners who have a wife/husband with Russian citizenship submit the following documents along with their application:

1. Marriage certificate;
2. Passport of the wife/husband with Russian citizenship, who is registered in Russia on a permanent basis.
3. Resident card.
4. A receipt for repayment of the state duty, which is 3,500 rubles.
5. A document that confirms the registration of a foreigner in the Russian Federation.
6. The foreigner must submit documents confirming his renunciation of his current citizenship or confirmation that he does not have the opportunity to obtain a waiver. If the country of which the applicant has citizenship provides for dual or second citizenship, then it is not necessary to submit a renunciation of citizenship.
7. 3 photos of the applicant measuring 30 x 40.
8. Those wishing to obtain citizenship by marriage also need to submit documents confirming that the foreigner has a permanent income in Russia. The following documents are accepted: income statement of individuals, certificate of employment, tax return, work book, bank statements indicating the presence of money in the account, pension certificate, etc.

Attention

In addition to the above documentation, the foreigner submits a document to the FMS confirming his knowledge of the Russian language. Such a document is a certificate of proficiency in the Russian language and knowledge of the basics of legislation and history of the Russian Federation.

Women over 60 years of age and men over 65 years of age are exempt from the obligation to take tests to obtain a certificate. Persons who are citizens of former USSR countries and received educational diplomas during Soviet times do not need to receive a certificate.

If this entire voluminous package of documents was accepted by the Federal Migration Service, then citizenship can be obtained within 6 months, this is precisely the period established in the Federal Law “On Citizenship of the Russian Federation”.

At the same time, when applying for citizenship, in general, you will have to wait for a decision on granting citizenship for 1 year.

Even if a foreigner receives Russian citizenship, it can be revoked in court if there is evidence that the applicant submitted false or unreliable information about himself.

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Sample application.doc

Sample documents

If the fact of a fictitious marriage for the purpose of obtaining a residence permit is proven

If a fictitious marriage is detected, local authorities of the Ministry of Internal Affairs or the prosecutor may file a claim in court.

According to the order of the Ministry of Internal Affairs of the Russian Federation (No. 846 of November 9, 2017), a residence permit is not issued if a foreigner married a Russian for the sole purpose of obtaining a residence permit or citizenship of the Russian Federation, and this marriage was declared invalid by the court.

But usually, if there is a child together, and also if the spouse (Russian citizen) provides proof of her pregnancy from a citizen of another state, the marriage is recognized as valid.

Is it possible to obtain citizenship by marriage to a resident of the Russian Federation?

A foreigner can become a citizen of the Russian Federation in a simplified and general manner . The standard procedure provides for residence in Russia for five years. In this case, resolving his issue will take six years or more.

Marrying a citizen of the Russian Federation makes it possible to use a simplified procedure. In this order, a foreigner can obtain citizenship within about four years (we talked in detail about various ways to obtain Russian citizenship in an accelerated time frame in this material).

Contact the specialists

To apply for a residence permit ( including for marriage) without hassle, we recommend paying close attention to all stages of its registration. The ideal option is the help of a qualified specialist.

So, by contacting , which provides a wide range of services, namely: legal, auditing, accreditation, accounting, registration, personnel, you can be sure that the documents drawn up with our professional participation will meet all the necessary requirements and are guaranteed to protect you from any surprises .

What are the risks of obtaining Russian citizenship through a fictitious marriage in 2021?

Marriage of convenience in Russia is considered a scam or fraud. A couple must formalize their relationship out of love and consent, with the goal of creating a family.

In 2021, sanctions for marriage include:

1. Its cancellation.
2. All transactions carried out on the basis of a formalized union will be considered illegal.
3. The consequences may be in the form of division of joint property if the guilt of both parties is proven.
4. The deceived party has the right to demand compensation for moral and material damage.
5. The risks relate to the revocation of citizenship if it has already been issued. And if it has not yet been issued, a ban will be imposed. If the migration was illegal, deportation usually follows.

Having a child together helps prevent these consequences.

In this case, the marriage will be legal. And in the event of divorce, the parents will have the same rights and responsibilities towards the child.

Fines and punishments for fictitious marriage

If the legality of a marriage is challenged and it violates a certain law, then the punishment will be appropriate. In Russia, the consequences consist only in the invalidity of all transactions that were made due to the conclusion of such a marriage.

Although in some foreign countries there is a huge fine for this.

When dissolving such a marriage, there are nuances. If there is mutual agreement, the divorce will be formalized in the standard way. You need to make a statement stating the reason. A state fee is also paid. You must come on the appointed date to register.

In relation to a foreigner

Civil registry offices do not have the right to refuse to register a marriage if people come to submit an application. Its fictitiousness may be revealed later.

Responsibility for such transactions for a foreigner is based on the loss of citizenship, residence permit, permanent residence (you can learn about the restoration of Russian citizenship from the article on our website).

He can also be deported and sent to the country of which he is a citizen. After this, it will not be possible to obtain citizenship again, even if legal methods are used.

For both spouses

The penalties for marriage for both parties are as follows:

1. Persons who formalize the relationship on paper become each other's closest relatives. This means that if one party is disabled, the other will be obliged to support her and pay alimony.
2. The rights of spouses in marriage are such that the common property will be divided in half. This applies to cases of real estate acquisition. The value of the property is divided equally.
3. In a divorce, the party not living with the child must pay child support.

Sanctions for illegal marriage

Fines for these actions are not yet in effect. This will happen if the corresponding law is adopted. There may also be other serious consequences of such a procedure.

Fines and punishments in other countries

If a fictitious union is detected, it is perceived as fraud and forgery of documents. In the USA, this is punishable by 5 years in prison, a fine of 250 thousand dollars and deportation.

There is no need to take risks; it is better to visit the country legally and follow the laws.

In Canada, a fictitious union is also considered illegal. If this is discovered, deportation follows. And a partner who has Canadian citizenship may be imprisoned for fraud. The consequence is a lifetime ban from entering the country.

In France, such a procedure can lead to imprisonment for 5 years. A fine of up to 15 thousand euros is also awarded, and 750 thousand is assigned if it is revealed that these are the actions of a criminal group.

Read here about concluding and registering a marriage with a citizen of France and Germany.

Comparative diagram of fictitious marriages in the Russian Federation and other countries

Read on our website: in which countries is it easier to obtain citizenship through marriage?

Legislative basis

The issuance of a Russian passport, bypassing the procedure for obtaining a residence permit, is carried out on the basis of regulatory documents:

Annulment of marriage

A proven fraudulent union is dissolved and the resident is deprived of citizenship. However, this requires sending an application to the court from the other party. She might not have suspected that all the relationships were fictitious and did not pursue the goal of creating a family.

Another reason is that the man is a polygamist. The Federal Law of the Russian Federation provides for Article No. 235. The penalty is 1 year of imprisonment or forced labor.

When citizens of 2 states want to start a family, Russian legislation does not prevent a migrant from getting married and obtaining citizenship.

There is a procedure that allows you to quickly achieve the desired status using a simplified scheme. But it is important to follow all steps of the process and provide accurate information. Incomplete documents or providing false information will negatively affect the decision and citizenship will be denied.

Marrying a citizen of the Russian Federation

It must be said that marriage in itself does not imply a mandatory change. No one forbids creating a unit of society, being citizens of different states, and even more so does not force one of the spouses to acquire a new homeland.

For example, if a citizen of the Russian Federation marries a citizen of Ukraine, she is not obliged to become Ukrainian, and he, accordingly, is not obliged to join the ranks of Russians. I would like to note that automatic acquisition of citizenship of another country is also not provided.

Marriage is a basis that simplifies and does not abolish the current legalization procedure.

The same rules apply to the reverse situation, when a marriage is concluded between a Russian citizen and a Ukrainian citizen. The decision whether to change citizenship is a completely voluntary choice, limited only by legal requirements.

And yet the issue of changing citizenship is secondary. In order for it to arise, you must first get married, and officially.

Let us dwell on this point in more detail, because there are some features characteristic of the country where the registration will take place. Since this article is about marriage between citizens of Russia and Ukraine, we will focus on considering these states. And let's start by finding out how marriage with a citizen of Ukraine occurs in Russia.

How to sign in Russia

The main legislative document that regulates the relationships between people entering or already getting married is the Family Code of the Russian Federation. It defines the rules for registration and divorce, and also establishes other requirements, one way or another related to issues of family life.

Based on the provisions of the law, it is not so difficult to understand the intricacies of registering a marriage with a foreigner. As an example, let's look at how to marry a Ukrainian citizen in Russia.

So, let's start with the fact that the conditions for marriage (consent of both parties, reaching a certain age, special circumstances, etc.) are established by the legislation of the country in which the person being married is a citizen at the time of such an important event. Naturally, these conditions must be met.

In relation to the situation when a marriage of a Russian citizen with a citizen of Ukraine is registered: she is ordered to fulfill the requirements of our legislation (consent, reaching the age of 18 years), and he is required to fully comply with Ukrainian laws (consent, reaching the age of 17 years).

In addition, you should be aware of the presence of restrictions (by the way, both Russia and Ukraine are of the same opinion on this issue), under which it is impossible to get married.

Russian legislation does not allow marriage registration:

• if there is a close relationship (parents and children, grandparents and grandchildren, brothers and sisters);
• if at least one applicant is already legally married;
• between adoptive parents and adopted children;
• if at least one of the applicants is declared incompetent due to a mental disorder.

If all of the above nuances are excluded, then you can safely submit an application to any registry office located on the territory of the Russian Federation. An important point: the application must be completed jointly and submitted in person. If personal presence is not possible, it is permissible to submit applications separately, but the signature of the absent applicant must be notarized.

The following documents will need to be attached to the application for marriage with a citizen of Ukraine in Russia:

1. or documents replacing them.
2. A document indicating that a person is not married, or confirming the dissolution of a previous marriage.

All documents drawn up in Ukrainian must be translated into Russian and notarized.

It also happens that future spouses have citizenship, for example, of Ukraine, and the marriage takes place on the territory of the Russian Federation. In this regard, a logical question arises: how can citizens of Ukraine sign in Russia? The general algorithm is described above: the procedure for submitting an application and the list of documents does not change.

However, there are a couple of nuances: the conditions for marriage will be determined by Ukrainian legislation, and marriage can be registered either at the registry office or at the diplomatic mission of Ukraine in the Russian Federation, authorized for such actions.

How to sign in Ukraine

Despite the fact that in light of recent events, Ukraine and Russia are increasingly moving away from each other, uniformity still remains in some areas of law. For example, registering a marriage in Ukraine with a citizen of the Russian Federation is carried out almost in the same manner as in Russia for similar unions.

True, there is also a significant difference: both future spouses are obliged to fulfill the requirements and obligations established specifically by Ukrainian legislation. If a Ukrainian citizen plans to marry a Russian citizen, she must be at least 17 years old at the time of marriage, and he must be 18.

A mandatory condition for registration, enshrined in the Family Code of Ukraine (in fact, as in Russia), is the voluntary consent of both. The grounds that prevent marriage are described above and are no different, so there is no point in repeating them here.

The application process and list of documents are similar to Russian ones.

The only difference is that in this case, our compatriot will receive all the necessary certificates from the Russian diplomatic mission, and also resolve the issue of their translation into Ukrainian and notarization.

Let us add that if the marriage of a Ukrainian woman with a Russian citizen (as well as the union of a Ukrainian man and a Russian woman) is concluded in accordance with the current legislation of Ukraine, it will also be recognized on the territory of the Russian Federation, no additional confirming procedures will be required.

What must a Ukrainian provide to obtain citizenship by marriage?

Before a foreigner has the opportunity to become a Russian citizen, he will have to fulfill a number of mandatory conditions: reside on the territory of the Russian Federation, be officially married to a citizen of the Russian Federation for at least three years, and obtain residence permits.

For example, if a Ukrainian citizen marries a Russian citizen, then the package of documents that, after fulfilling the specified requirements, he must submit to the Ministry of Internal Affairs will be as follows:

1. (2 copies).
2. Passport or .
3. A document confirming the availability of earnings (for disabled citizens - a certificate/certificate confirming the incapacity for work).
4. A document officially confirming the renunciation of citizenship of another country.
5. .
6. Three photos 30x40 mm.
7. Certificate/diploma confirming knowledge of the Russian language.
8. Receipt/cheque/payment order for payment of state duty.

Question answer

Question 1. Can I apply for citizenship without first obtaining a residence permit if my relatives live in Russia and I graduated from school in Saratov in 1981. Thank you.

To obtain a Russian passport, you just need to contact the migration department of the Main Internal Affairs Directorate of the Russian Federation in the area of ​​your stay with an application for obtaining a Russian passport in a simplified manner. To confirm the execution of documents on the basis of the Compatriots Resettlement Program, it is enough to provide a certificate of completion of primary education in the USSR. Additionally, you can provide a marriage certificate or other documents confirming the degree of relationship with your family in Russia.

Question 2.

Can I move to permanent residence in the Russian Federation if I have not applied for permanent residence, but have a temporary residence permit? Married to a Russian woman.

You need to contact the local migration service with a petition, a set of documents, including a marriage certificate issued by a Russian registry office or legalized.
It is not necessary for you to obtain a residence permit for citizenship, a temporary residence permit is sufficient. Rate the quality of the article. We want to be better for you:

Registration procedure

The issuance of a Russian passport is carried out in several steps:

Responsibility and consequences for the parties

Unlike most other developed countries, neither the Criminal Code nor the Code of Administrative Offenses of the Russian Federation provide for direct liability for parties who entered into a fictitious marriage (including for the purpose of simplifying the acquisition of citizenship). This situation becomes even more controversial when taking into account the fact that the category of relations in question is illegal in the Russian Federation.

Possible criminal liability

Despite the absence in the current legal framework of provisions on direct responsibility for entering into a marriage for the purpose of obtaining citizenship, one or both spouses may still become involved in a criminal case.

If a foreign spouse commits any criminal offense on the territory of the Russian Federation, the Russian spouse may be investigated as an accomplice to the crime. However, to do this, law enforcement officers must have unconditional evidence of his (the citizen of the Russian Federation) awareness of the motives and plans of the foreign spouse. The measure of responsibility depends on the article of the Criminal Code of the Russian Federation under which the act committed by a foreigner will be qualified.

In addition, recognition by the court of the fact of fictitiousness may become a reason to initiate an investigation under the articles of the Criminal Code establishing liability for crimes in the field of migration.

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In particular, a citizen of the Russian Federation may be prosecuted on charges of:

• Organizations of illegal immigration;
• Fictitious registration and/or registration of a foreigner at the place of residence or stay.

Common Mistakes

Error 1. When submitting an application and documents, payment of the state fee is not made. Typically, funds are transferred to the budget using the details issued by an employee of the Migration Department in the event of a positive assessment of the prospects for obtaining a Russian passport. There is no need to make a payment early due to its non-refundability. The absence of a receipt is not grounds for refusal to accept an application for citizenship.

Error 2. The absence of a certificate of income is not a basis for refusing to accept an application for Russian citizenship. If confirmation of employment is required by an employee of the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation, then a complaint against his actions can be filed with a higher authority or court.

Registration of a fictitious marriage

In accordance with the definition of the Family Code of the Russian Federation, a fictitious marriage is one entered into between the parties without the intention of starting a family. In other words, any such marriage (including one concluded with the aim of subsequently obtaining Russian citizenship) differs from the real one in that the motives for the spouses to enter into official relations are purely selfish motives.

Benefits for foreigners

The mere fact of entering into such a marriage is not a sufficient reason for immediate entry into Russian citizenship.

However, a foreigner who becomes the spouse of a citizen of the Russian Federation receives legal grounds for:

• Preparation of documents necessary for gaining citizenship: permanent registration at the place of residence, as well as temporary residence permits. In this case, the temporary residence permit is issued bypassing the regional quota;
• Official employment and/or doing business in the Russian Federation. That. a foreigner will be able to receive legal income, which is also a prerequisite for acquiring citizenship;
• Reducing the naturalization period. In the case under consideration, the residency requirement for a foreign spouse is reduced from 5 to 3 years;
• Nominating one’s own candidacy as an applicant for the status of a full citizen of the Russian Federation. At the same time, the deadline for government agencies to consider applications for citizenship is reduced from 1 year to 6 months.

Thus, the advantages of such relations for foreigners are due to the significant simplification of the naturalization procedure.