It is no secret that legalization in a foreign country on the basis of marriage is one of the most common grounds for applying to the migration service. The Russian Federation is no exception. Moreover, since 2003, this process has been transferred to the category of being carried out according to a simplified scheme. Today you can obtain Russian citizenship by marriage quite quickly and without unnecessary formalities.
general information
Marriage itself does not lead to an automatic change of citizenship of the foreign spouse. It only provides grounds for simplified acquisition of citizenship on the basis of family relationships. All provisions of the law apply only to registered marriages; this does not apply in any way to civil ones.
The following points need to be taken into account:
- A marriage entered into in another country, if it is not recognized in the Russian Federation, will not be the basis for the issuance of Russian citizenship.
- The relationship must be documented.
- At the time of filing documents, applicants must not be divorced.
- Spouses must prove that they have been married together for at least 3 years.
If the marriage took place in one of the foreign countries, it will need to be re-registered at the registry office at the place of registration. Marriage facilitates accelerated acquisition of citizenship, since in this case it is not necessary to reside for 5 years on the basis of a residence permit.
Latest changes in legislation
On April 17, 2021, Federal Law No. 134 was adopted on amendments to Federal Law No. 62, which greatly simplified obtaining citizenship for applicants. Now all foreigners are no longer required to renounce their previous citizenship, regardless of the grounds for obtaining new citizenship of the Russian Federation.
According to new amendments to the legislation, foreign spouses of Russian citizens:
- They must not renounce their previous citizenship.
- They are not required to confirm the presence of a legal source of income.
- They must be married for at least 3 years, and if they have common children, this period is not required.
What the law says
The first thing you need to know is that the mere fact of creating a family, sealed in the registry office, does not lead to a change in the citizenship of one or both spouses. It is only the basis for going through a simplified legalization process.
Please note that, according to Russian law, an unregistered marriage is not a basis for assigning civil status to a foreigner. The union must certainly be sealed in the civil register of residents of the Russian Federation on Russian territory and confirmed with a special certificate.
Marriages concluded outside of Russia, as well as those concluded on the basis of the laws of another state, are not recognized on the territory of the Federation. This means that the newlyweds must legalize their union at the local registry office or initially conclude it in Russia.
Procedure for obtaining citizenship
Currently, obtaining citizenship by marriage is carried out according to the following procedure:
- Legal crossing of the Russian border.
- Registration of marriage with a Russian citizen.
- Registration of a temporary residence permit (TRP).
- Registration of a residence permit (residence permit).
- Submitting an application for Russian citizenship.
- Decision on granting citizenship.
Forms and samples can be downloaded here:
- Application form for Russian citizenship
- Application form
- Application form for obtaining Russian citizenship in a simplified manner
To obtain Russian citizenship, a foreign citizen undertakes to undergo a number of procedures. Among them, obtaining a Russian visa is an important step. In many cases, a visa is issued on the basis of a special invitation. At the same time, citizens of Kazakhstan, Kyrgyzstan and Belarus do not need a visa.
When crossing the Russian border, you must fill out a migration card. Upon arrival on the territory of the Russian Federation, a foreigner must register with the territorial office of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs at his location.
How to register a marriage relationship
Future spouses, one of whom is a Russian citizen, must sign a joint application for marriage. It can be submitted either in person or online. The application must be accompanied by:
- Passport.
- Evidence of the absence of registered marriages in another country.
- Russian Federation visa or migration card.
- Receipt of paid state duty.
The foreigner's passport must be translated into Russian and notarized. In addition, you must attach a special certificate proving that the translation was done correctly. This certificate can be obtained at the consulate of the country whose citizenship the foreign spouse has.
Proof of the absence of barriers to marriage is a certificate stating that the future spouse is not married in his homeland.
The state duty is 350 rubles. The period for obtaining a marriage certificate is 30 days. If the future spouse is pregnant or there are other important circumstances, then this period may be reduced.
Registration of temporary residence permit
To obtain a TRP (temporary residence permit), the applicant must provide:
- Application in 2 copies.
- Photos.
- Translation of a foreigner's passport, certified by a notary.
- A photocopy of the passport of a citizen of the Russian Federation.
- Migration card (original and copy).
- Marriage certificate.
- Receipt for payment of state duty in the amount of 1600 rubles.
A temporary residence permit is issued within two months from the date of submission of the application. Living in Russia for 8 months on the basis of a temporary residence permit allows you to apply for a residence permit. The document issuance period will be 4 months.
Registration of a residence permit
A residence permit provides the right to reside on the territory of the Russian Federation for an indefinite period. A residence permit is the basis for obtaining Russian citizenship in the future.
To obtain a residence permit you will need the following set of documents:
- Statement.
- Photos 3.5x4.5 centimeters – 4 pieces.
- Identity document.
- Photocopies of passport pages bearing the RVP stamp.
- A document confirming financial solvency.
- Documents confirming the availability of real estate.
- Medical certificate.
- A receipt confirming payment of the state duty in the amount of 5,000 rubles.
application for a residence permit and a sample for filling it out.
From medical certificates it will be necessary to provide a document that the applicant is not addicted to drugs, and also does not have HIV infection or other socially dangerous diseases.
Advantages of marriage with a citizen of the Russian Federation
Marriage with a Russian citizen does not provide a foreigner or stateless person with the right to social support from the Russian Federation, benefits and does not provide permission to. These preferences are only available upon receipt.
The main thing that marriage with a Russian citizen gives is the right to apply for registration outside. The quota is set for a year, but those who are married to a Russian citizen do not need to wait their turn. This significantly reduces the time it takes to obtain Russian citizenship.
Read more about formalizing relations between a foreigner or stateless person and a Russian citizen in the article about.
Applying for citizenship
In order to obtain Russian citizenship, you must prepare the following documents:
- Statement.
- Receipt for payment of state duty in the amount of 3,500 rubles.
- Marriage certificate.
- Residence permit (or temporary residence permit in the case when the marriage has common children).
- Three photographs 3.5x4.5 centimeters.
- Certificate confirming knowledge of the Russian language.
A certificate confirming knowledge of the Russian language is not provided to the following categories of persons:
- Men over 65 years of age.
- Women who have reached the age of 60 years.
- Citizens of the Republic of Belarus.
- Incapacitated foreign persons.
- Foreign minors.
- Participants in the state program for the resettlement of compatriots.
- Highly qualified specialists and members of their families.
- Native speakers of Russian (NRY).
- Having a parent (guardian, adoptive parent, trustee), daughter or son who is a citizen of the Russian Federation.
Requirements for the applicant
The main document for obtaining citizenship is an application. At the very beginning of the application, it is necessary to briefly and clearly formulate the motives that prompted the applicant to request citizenship in a simplified manner.
At the same time, the applicant may apply to grant citizenship to his minor children. All children's data is included in the application.
Information about the applicant includes the following items:
- Full Name.
- Date of Birth.
- Floor.
- Current citizenship. You must provide information on what basis your current citizenship was acquired.
- Whether the applicant previously had citizenship of the USSR or the Russian Federation. It is necessary to indicate the justification for termination of citizenship.
- Information about previous applications for admission to Russian citizenship. Here it is necessary to indicate exactly where the applicant applied and what decision was made on his application.
- Information or obligation to renounce current citizenship.
- Nationality. Specified upon request.
- Religion. Specified upon request.
- Speciality. It is necessary to indicate the name of the educational institution, the date of its graduation and the number of the diploma with the date of issue.
- Academic title or degree.
- Family status.
- Close relatives.
- Labor activity over the last 5 years.
- Attitude to military service.
- Information about previous residence on the territory of the Russian Federation.
- Information about expulsion from the territory of the Russian Federation.
- Information about military service.
- Information about criminal prosecution. It is necessary to indicate the numbers of articles of the criminal code and attach a copy of the verdict.
- Information about criminal prosecution.
- Contact details and registration address.
- Type, series and number of the identity document.
The application is certified by the signature of the applicant.
If there is evidence that a foreign citizen has provided deliberately false information, the decision to issue him citizenship is canceled in court.
Grounds for denial of Russian citizenship by marriage
All possible legal grounds for refusal to grant the status of a citizen of the Russian Federation are set out in the text of the law “”.
All grounds are divided into several main categories:
- Concerning the personality of the applicant.
- Relating to the preparation of submitted documents.
- Based on circumstances that prevent the acquisition or further maintenance of an already acquired status.
When developing a strategy for how a wife can obtain citizenship if her husband is a citizen of Russia, or how a husband can become a citizen through his wife, pay attention to the law-abiding and decency of the applicant.
Refusal to grant Russian citizen status may be for the following reasons:
- Advocacy for a violent change in the constitutional system of the Russian Federation.
- Involvement in extremist activities and participation in military actions directed against the Russian Federation.
- There are restrictions on entry into the Russian Federation.
- Unexpunged conviction, criminal prosecution or serving a prison sentence.
- Service in law enforcement, military or security services of a foreign country.
Incorrectly completed documents can also become an obstacle to citizenship:
- knowingly false data;
- incorrect filling, errors;
- presence of blots and corrections.
It is also worth mentioning that if a foreign citizen marries a Russian woman, he will receive citizenship based on the legality of the union, but subsequently the assigned status can be canceled if the second spouse files a lawsuit and the marriage is officially recognized as fictitious.
In addition, another reason why you can lose your Russian passport is maintaining your previous citizenship, which must be renounced within 12 months.
Read more about all cases
Latest changes in legislation
Naturalization occurs on the basis of Federal Law-62. 04/17/2021. The State Duma adopted amendments to the regulatory act that simplify the scheme. Previously, a foreign spouse had to live in Russia for 5 years after marriage and, before receiving the necessary document, had to renounce his previous citizenship.
From July 23, 2021, the duration of a migrant’s stay in the Russian Federation will be 3 years, and deprivation of previous citizenship will become optional. If a legally married couple has children, the time is reduced to 1 year.
Also, after the new law comes into force, a husband or wife with citizenship of another country is not required to confirm sources of income. The old version is valid until the amendment is officially published, then the Ministry of Internal Affairs will make appropriate changes to the regulations.
conclusions
Obtaining Russian citizenship upon entering into a marriage is a lengthy process that can be accelerated if the applicant belongs to a preferential category of citizens who have the right to submit an application without issuing a temporary residence permit or residence permit. In other cases, consideration of the application is carried out according to a simplified procedure 3 years after cohabitation in marriage. Many people are interested in whether it is possible to obtain Russian citizenship immediately after painting, or registering a marriage. However, this option is not possible even from a formal point of view, since even the minimum period for consideration of an application takes six months, and only if a full package of documents is provided and all conditions are met.
Basic Concepts
Marriage is not an automatic way for a citizen of another country to obtain a new status. Marriage provides the basis for obtaining Russian citizenship under a preferential scheme.
Existing requirements:
– the marriage must be concluded in the registry office of the Russian Federation;
– the marriage must be valid at the time of registration of citizenship;
– documentary evidence of registration;
– registration of marriage outside the Russian Federation is illegal;
– the common-law spouse has a preferential basis for obtaining citizenship.
What happens in a divorce during the paperwork process?
If, during the consideration of the status of a foreigner and even before he receives a Russian passport, the family ceases to exist and formalizes an official divorce, the further fate depends on the stage of the process:
- divorce after receiving a temporary residence permit makes it possible to obtain citizenship in the general manner; they cannot deprive the temporary residence permit on this basis;
- Divorce after obtaining a residence permit and submitting documents for a passport will not slow down the acquisition of citizenship if the duration of the marriage is at least 3 years.
Before obtaining a temporary residence permit, you should not get a divorce, since in this case you will have to look for other legitimate reasons to stay in Russia and focus on regional migrant quotas.
Responsibility for a fictitious marriage
Sometimes migrants get married in order to obtain the status of Russian citizen. Every year, about 10,000 fake unions are recorded in the Russian Federation. This is a kind of agreement between two interested parties. One person acquires citizenship, the second receives a monetary reward.
On average, the cost of a fictitious marriage is $200 – $2,000. In Russia, such a transaction is not subject to criminal prosecution. But a corresponding proposal has been submitted to the State Duma. If the decision of the authorities is positive, the expected term of imprisonment is 3 years. Such punishment is already practiced in European countries.
Annulment of marriage
Marrying a Russian and getting citizenship sounds very simple if the couple really wants to be together. The fact that this somewhat simplifies the procedure is often the reason for fictitious alliances. Despite the fact that in our country, marriage without the intention of starting a family is not considered a crime prosecuted by law, if a fictitious marriage is discovered in order to obtain Russian citizenship, it can be annulled. Of course, it is difficult to prove the relationship is fictitious. But one of the spouses can sue the other party if he perceives selfish intentions.