Russian Marriage and Residency Laws: A Comedy of Errors
Ah, Russia! A land of vodka, ballet, and now, the elusive marriage-based residency! You thought a simple marriage could grant a foreign spouse a ticket to stay, right? Well, not quite! Let’s delve into the latest legal somersault that’s been performed by the Federation Council, where they’ve approved a law that adds a delightful twist: you now need to be married for three years before getting that golden ticket known as a temporary residency permit. Yes, I did say three years! That’s longer than a lot of celebrity marriages!
The New Rules for Lovebirds
So, let’s break this down. According to the new law, if you’re a foreign citizen who has tied the knot with a Russian citizen, do you think you can just strut into the migration office with a marriage certificate and say, “Here’s my glamorous new life”? Not so fast, buster! You’ll need to prove you’ve been living together at “the spouse’s address” for a whole three years. And I’d imagine the migration services are thoroughly equipped to ascertain whether you’ve been living there or, as I like to call it, “rubber apartment hopping.” Because nothing says romance like a thorough check of your living arrangements!
And wait — there’s more! If at any point during these three years you decide that marriage wasn’t quite the fairytale you imagined and you divorce your spouse, *poof!* goes your temporary residence permit like a bad magic trick. Yes, folks, they want to ensure that no one is pulling an “I love you for your passport” stunt anymore!
Evgenia Sugutskaya, a leading lawyer at the International Migration Legal Support, comments, “Now foreigners come to Russia either on private visas, the validity of which is extended by law to a year in case of marriage or the birth of a child.”
The Real Reason for Fictitious Marriages
Now, why might someone have resorted to a fictitious marriage or adoption? Ah, the sweet, sweet promise of a resident permit! It was like winning the lottery — get your temporary residency, wait a bit, and voilà — minuscule paperwork away from citizenship in five years! But with this new law, those dreams have been put on hold like a really bad reality show. You see, not only do you have to wait three years, but you’re also supposed to be living in Russia full-time. Ouch! I can hear the hearts of those dodgy marriage arrangers breaking.
What Are the Implications?
Under the watchful eye of the State Duma, they’ve detected over 4,000 fictitious marriages in the past three years alone. The authorities are tightening migration legislation tighter than your grandmother’s best cooking apron. And let’s not forget the context — these changes come hot on the heels of a terrorist incident, meaning that if you’re thinking of marrying a Russian to secure your residency, well, love might not conquer all this time. Instead, it’s now a paperwork marathon that requires compliance, authenticity, and maybe a romantic dinner or two to prove you’re not in it just for the papers!
Professor Alexander Safonov, a distinguished academic, notes that “the law has not only increased the time period within which foreigners can receive the above-mentioned documents…”
Conclusion: Love, Law, and Laughter
In summary, securing residency through love just got a whole lot more complicated in Russia. So, if you’re considering a romantic rendezvous that includes paperwork and long-term living arrangements, tread carefully! Not unlike a mixed marriage where one person thinks they’re going to the ballet and the other is just hoping for free vodka, navigating these new rules will require a bit of strategy. But hey, if you play your cards right, love and a little bit of legal finesse could go a long way. Just remember to send me an invitation to the wedding — I’d love to be the joker at the feast!
The Federation Council approved the law establishing a minimum three-year period of being married to a citizen of the Russian Federation in order to obtain a temporary residence permit (TRP) in the Russian Federation in a simplified manner. What is changing now for foreign spouses and what questions do experts still have?
Photo: Sergey Savostyanov/TASS
According to the new law, temporary residence permit issued foreign citizens who have married a Russian man or woman, not immediately after registering the marriage, as was the case before, but only after three years. At the same time, migration services monitor that the person who arrived has been living at the spouse’s address for all these three years, and not in some kind of rubber apartment. If during these three years the spouses divorced or the marriage was declared invalid, the temporary residence permit is canceled.
The same procedure applies to foreigners who have a child together with a Russian woman or a Russian man – natural or adopted. Previously, it was enough to enter into a fictitious marriage or register a fictitious adoption – and the foreigner had a temporary residence permit in his pocket. Now, three years of living side by side with the second parent, spending on a child – all this will need to be confirmed in court when requesting a temporary residence permit or residence permit. If a citizen is deprived of parental rights, he is limited in them or written out of his birth certificate, his right to a temporary residence permit is also revoked.
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There is also an important clarification about the couple’s place of residence. Previously, it was common practice for spouses or parents to live in any country in the world. And upon returning, the foreigner immediately had the right to obtain permits, says expert, leading lawyer of the International Migration Legal Support Evgenia Sugutskaya:
Evgenia Sugutskaya expert, leading lawyer of the International Migration Legal Support (IMALS)
Now foreigners come to Russia either on private visas, the validity of which is extended by law to a year in case of marriage or the birth of a child, or without visas – from some CIS countries, in which case migrants must leave Russia every 11 months.
Why have foreigners agreed to fictitious marriages and adoptions all these years for the sake of a temporary residence permit? Because less than a year after receiving this permit, it was possible to apply for a residence permit (residence permit). And after five years – for citizenship. What rights does a temporary residence permit provide and how does it differ from a residence permit? Professor of the Financial University Alexander Safonov answers:
Alexander Safonov Professor at the Financial University
Now the law has not only increased the time period within which foreigners can receive the above-mentioned documents, but also stipulates that during these three years applicants must live permanently in Russia and with their other half, and not anywhere else. Tells one of the authors of the new law, general, State Duma deputy from the United Russia party Viktor Vodolatsky:
— Previously, when registering a marriage, a temporary residence permit was issued, then a passport of a citizen of the Russian Federation. Now neither a temporary residence permit nor citizenship is issued, and he lives in this marriage, being here as a simple labor migrant. Then the Ministry of Internal Affairs system monitors. After this law is signed by the president, the Ministry of Internal Affairs will prepare a regulatory act as part of the implementation of this law, which will spell out the procedure for monitoring such marriages or such adoptive parents.
— Does a migrant need to live married in Russia for three years?
— It is necessary to be on the territory of Russia in the family that you created.
After the law is adopted, by-laws will need to be issued, so the date for its entry into force is postponed.
Over the past three years, according to data Ministry of Internal Affairs, over 4 thousand fictitious marriages with foreigners were identified in Russia.
Migration legislation began to be tightened after the terrorist attack at Crocus City Hall in March this year. At the beginning of October in the State Duma arrived five migration bills.
