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Government Decree of 1 November 2002N 789 "On approval of the issuance of foreign nationals and stateless persons, a temporary residence permit"
In accordance with Federal Law "On Legal Status of Foreign Citizens in the Russian Federation" the Government of the Russian Federation decrees:
1.To approve the attached Regulations on granting foreign citizens and stateless persons, a temporary residence permit.
2.The Ministry of Internal Affairs of the Russian Federation to adopt the pattern marks on a temporary residence permit stamped in their identity document of a foreign citizen (stateless persons), and the sample form a temporary residence permit issued to a stateless person.
3. The activities envisaged by this decree shall be exercised by the Ministry of Internal Affairs of the Russian Federation from the funds provided by the Ministry on the current contents of the federal budget for the year.
4.The Ministry of Internal Affairs of the Russian Federation and other federal executive bodies to bring their normative legal acts in accordance with this decision.
Prime Minister of the Russian Federation Mikhail Kasyanov
Regulations on granting foreign citizens and stateless persons, a temporary residence permit (approved by Government Decree dated November 1, 2002, N 789)
I. General provisions (items 1 - 13)
II.Receiving and processing applications (paragraphs 14 - 21)
III. Permission for temporary residence (paragraphs 22 - 29)
I. General provisions
1.This Regulation determines in accordance with paragraph 8 of Article 6 of the Federal Law "On Legal Status of Foreign Citizens in the Russian Federation" (hereinafter - the Law) the procedure for issuing temporary residence permits to foreign nationals and stateless persons, as well as a listdocuments to be submitted together with the application for a permit for temporary residence.
2.A foreign citizen (stateless person) who has attained the age of 18 may receive a temporary residence permit is issued within the quota approved annually by the Government of the Russian Federation (hereinafter - the quota), or without quotas, in accordance with paragraph 3Article 6 of the Act.
3. A temporary residence permit issued to a foreign citizen (stateless), a regional agency of the federal executive body in charge of internal affairs, according to the intended place of residence (hereinafter - the authority of the Interior). See
Instructions on the organization of internal affairs bodies of the Russian Federation for registration and issuance of foreign nationals and stateless persons, a temporary residence permit, approved by order of the Interior Ministry on April 14, 2003 N 250
4.Application for a permit for temporary residence (hereinafter - application) submitted personally foreigner (stateless person): in case of being lawfully within the territory of the Russian Federation - in the authority of the Interior in the case of finding the state their permanentaccommodation - a diplomatic mission or consular office of the Russian Federation. If the applicant intends to get within range, a temporary residence permit for themselves and live together with family members, it shall communicate this in a statement.
5.Statement is not admissible if a foreign citizen shall certify his identity document issued in connection with his official duties or professional activities, including a seaman's book or document, the validity of which at least 6 months.
6.Statement is made in two copies in the form, the form is established by the Ministry of Internal Affairs of the Russian Federation.
7. The application form filled in legibly by hand or with the use of technical equipment (typewriter, computer), in Russian.When filling out the form is not allowed to use abbreviations of words and abbreviations. Answers to the questions in the application form must be exhaustive.
8.When applying for a foreign citizen (stateless person) is 4 photographs, size 35 x 45 mm and the following documents:
a) proof of identity and citizenship;
b) a document issued by the authority of the state of residence, confirming the presence orno conviction of the applicant;
a) a residence permit or other document issued by the competent authority of a foreign state, which confirms a foreign citizen living outside the country of his nationality;
d) a document certifying the applicant's meansproviding him and his family members when staying in the Russian Federation living wage, or proof of his disability (the information on personal income, income tax return with an indication of the tax authority, certificate of employment, employment history, pensioncertificate, certificate of authority on social security benefits, acknowledgment of receipt of child support, proof of the presence of deposits of credit institutions with the account number, certificate of inheritance, a certificate of a person's income, which is dependent on the applicant, any other documentacknowledging receipt of income from activities not prohibited by law or disability);
e) marriage certificate;
e) child's birth certificate and identity document of a child under 18 years of age (passport - if available);
x) a document confirmingconsent of a child between the ages of 14 and 18 to move into the Russian Federation to stay.Signature of the child on the document must be notarized;
h) certificate on absence of the applicant (family members) of HIV infection;
i) document issued by the authority of a foreign state or an authorized agency of Health of the Russian Federation confirming thatthe applicant (family members) are not sick addiction and does not suffer any of the infectious diseases that pose a danger to others, provided a list approved by the Government of the Russian Federation.
9.Individuals with at least one of the grounds provided for in paragraph 3 of Article 6 of the Act, in addition to the documents mentioned in paragraph 8 hereof, represent:
a) a person born in the territory of the RSFSR and held the previous USSR citizenship or born on the territory of the Russian Federation -birth certificate issued on the territory of the RSFSR and the Russian Federation by the registry of civil status.In the absence of such a certificate a document confirming birth in the territory of the RSFSR and the state in the past, citizens of the USSR, is the passport of the USSR sample in 1974;
b) the person declared incapable of having a capable son or daughter of the nationalityRussian Federation and permanently residing in the territory of the Russian Federation - a birth certificate and passport of a son or daughter, as well as a certificate issued by authorized institutions in Russian Federation or the competent authority of a foreign state, confirmingincapacity of the applicant;
c) a person who has at least one disabled parent of the nationality of the Russian Federation and resides permanently in the territory of the Russian Federation - a birth certificate and passport disabled parents, as well as a certificate issuedauthorized the establishment of Health of the Russian Federation, confirms disabled parents;
g) a person married to a Russian citizen, having a residence in the Russian Federation - a marriage certificate and passport of the spouse.If you stay with the applicant children who are foreign citizens (stateless) - documents proving the relationship or the fact of adoption (adoption), and cohabitation;
d) a person who carries out the investment in the Russian Federation - Letter Headorganizations, attracted investment, the authority of the Interior on the implementation of this person investments in the amount prescribed by the Government of the Russian Federation.In the presence of the applicant and his family of different surnames relationship proved relevant additional documents submitted.
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10. If attached to the application documents in a foreign language, it seems their notarized Russian translation.
11.Referred to in paragraph 9 hereof persons also represent a document certifying that they have living quarters on the grounds provided by legislation of the Russian Federation, or the consent of the citizens of the Russian Federation, the legal age and registered atresidence in the territory of the Russian Federation, to provide them with accommodation premises.
12.When applying to the police, the diplomatic mission or consular office of the Russian Federation should be attended by all members of the family of a foreign citizen (stateless persons) wishing to reside in the Russian Federation, of the documents inaccordance with these Regulations.
13.Documents of the applicant, his identity, birth, marriage, right to inheritance, as well as employment history, pension certificate, the documents specified in clause "c" of paragraph 8 and paragraph "a" of paragraph 9 hereof, shall be returned, and copies thereof, and sworn translationRussian language shall be attached to the application.
II. Receiving and processing applications
14. When you receive an application for consideration to verify accuracy of documents submitted.The results, as well as the authenticity of the signature of the applicant on the application shall be signed by the appropriate authorized official.On the signature of the official and pasted into the application photos of the applicant affixed stamp of Internal Affairs, the diplomatic mission or consular post of the Russian Federation.A foreign citizen (stateless person) shall be informed of the grounds for refusal to issue temporary residence permits required by law, and the term of consideration of its application.
15. Adopted a statement recorded with the stamp on it the registration number.Applicant is issued a certificate confirming reception of the application for review.
16.Application filed with the required documents to the diplomatic mission or consular office of the Russian Federation within a month sent through the pouch to the body of the Interior.
17.Body Interior reviews the application and make the necessary checks for the presence or absence under Article 7 of the Act the grounds for refusal to issue a temporary residence permit, which directs requests to the relevant security authorities, judicial servicebailiffs, tax authorities, social security, health authorities and other interested bodies. These bodies in a 2-month period to provide information on the presence or absence of circumstances hindering the issue to the applicant a temporary residence permit.Upon review of the interior authority decides to grant or refuse a permit for temporary residence. On each application separate decision.
18.Term of consideration of the application should not exceed 6 months from the date of its filing with all required and properly documented.
19.Authority of the Interior shall, within one month from the date of the decision to send the applicant a notice indicating the number and date of its adoption, and in the case of a negative decision - grounds for refusal.
20.Notification of decisions adopted by the Interior on the application submitted to the diplomatic mission or consular office of the Russian Federation to the Ministry of Foreign Affairs of the Russian Federation with reference to the reference number for further informationapplicant.
21.Decision of the Interior to grant a foreign citizen (stateless) a temporary residence permit is the basis for registration of his diplomatic mission or consular office of Russian visa for entry into the Russian Federation.
III.Permission for temporary residence
22. A foreign citizen (stateless person), who came to the territory of the Russian Federation, must apply to the authority of the Interior within 3 business days to process a temporary residence permit.
23.A foreign citizen (stateless person) who has attained the age of 14, a temporary residence permit is issued in the form of a standard mark in a document proving his identity.A foreign citizen (stateless person) who is under 14 years of age and not having an identity document, a temporary residence permit is issued in the form of a standard mark of identity documents, both parents (one of them)granted a temporary residence permit. Stateless person who has no identity document, a temporary residence permit is issued as a document of established form.
24. A temporary residence permit is issued for 3 years.
25.When you register as a temporary residence permit foreigner (stateless person) is subject to mandatory state fingerprint registration.
26. For issuing a temporary residence permit state duty in the manner prescribed by law.For the form of permission for temporary accommodation will be charged at the rate established by the legislation of the Russian Federation.
27.Official of the Interior in the issuance of a foreign citizen (stateless) a temporary residence permit him to explain the legal status of the person who received a temporary residence permit, the reasons for his termination, provided for by Article 7 of the Act, as well asobligation to undergo an annual re-registration in the organ of the Interior. The procedure for re-established by the Ministry of Internal Affairs of the Russian Federation.A foreign citizen (stateless person) who receives a temporary residence permit, warned that, in accordance with paragraph 2 of Article 11 of the Act, he shall not voluntarily change their place of residence within the borders of the Russian Federation on whose territoryhe was allowed temporary residence, or choose their place of residence outside of the specified subject of the Russian Federation.
28.In case a foreign citizen (stateless person) has committed actions stipulated in Article 7 of the Act, the authority of the Interior decides to cancel his temporary residence permit and to issue him a visa to leave the Russian Federation.
security authorities, the bailiff service, taxation, social security, health authorities and other bodies concerned with the identification of these acts committed by a foreign citizen (stateless), no later than 10 days, inform theauthority of the Interior.
foreigner (stateless person) shall be notified body of internal affairs in a 3-day period of the decision, but also warned of the need to exit from the Russian Federation within 15 days from the date of the decision.In this case, the identity document of a foreign citizen (stateless persons), shall bear a corresponding mark on the cancellation of a permit for temporary residence and, if a stateless person to a temporary residence permit has been issued as documentprescribed form - permission is withdrawn.
In the case of house arrest a foreign citizen (stateless persons) from the Russian Federation within the prescribed period interior authority shall arrange for his deportation in the manner prescribed by the legislation of the Russian Federation.
29.Organ of internal affairs shall keep a record of persons granted temporary residence permits, and guides in the prescribed manner to the central bank data on foreign citizens and stateless persons temporarily or permanently residing in the territory of the Russian Federation, information about them, as well asPersons who are denied a permit for temporary residence or temporary residence permit which has been canceled.
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