Citizens of Ukraine, arrived in Russia, there is a lot of questions about their stay in the country. This article will help to dispel the main issues related to the legalization and social rights of citizens of Ukraine who had to leave their country of citizenship. Consultation on the remaining questions, You can always get in the comments to any article site.
Entry and movement on the territory of Russia
According to article 1 of the Agreement on visa-free trips of citizens of the Russian Federation and Ukraine dated 16.01.1997, citizens of Ukraine may enter, leave and travel throughout Russia without visas with observance of rules of stay in the Russian Federation.
Entry and movement on the territory of the Russian Federation of citizens of Ukraine in the presence of one of the following documents:
- passport of citizen of Ukraine;
- diplomatic passport, service passport;
- child's travel document (according to the Note of the Embassy of Ukraine in the Russian Federation No. 6111/22-013-577/2007 from 12.03.2007 travel document for a minor child is issued to citizens of Ukraine for traveling abroad);
- the seafarers ' identity document (if you have a crew list and extract from it);
- birth certificate of child under 16 years of age (unless the child is accompanied by parents / adoptive parents, Trustees, guardians or persons authorised by parents / adoptive parents / caregivers / guardians);
- identity card for return to Ukraine (only for the return to Ukraine);
- certificate of aircraft crew members.
In the presence of the migration card, the citizens of Ukraine are exempt from registration at the place of stay in Russia, if the period of stay does not exceed 90 days from the moment of crossing the Russian border.
At the entrance to the territory of the Russian Federation citizens of Ukraine are required to obtain and fill out (all by himself) a migration card (article 25.9 of the Federal law "On the procedure for exit from the Russian Federation and entry into the Russian Federation"). To get it you have to go to the checkpoint across the state border of the Russian Federation.
In the migration card must be marked on entry into the Russian Federation (it is stamped by an official of the border control authority).
The period of temporary stay in the Russian Federation a foreign citizen who arrived to Russia in order not requiring a visa cannot exceed 90 days in total within each period of 180 days (in accordance with article 5 of Federal law No. 115-FZ of 25.07.2002 "On the legal status of foreign citizens in the Russian Federation").
Territorial bodies of the Federal migration service instructed to freely extend to Ukrainian citizens forced to leave their country of citizenship, duration of stay for the period of the Ukrainian crisis. In order to extend the period of temporary stay must apply to the territorial FMS body at the place of residence with your passport and migration card.
In other cases (for example, if accepted the application for a permit for temporary stay or temporary shelter) the period of temporary stay may also be extended.
If the Ukrainian citizen is issued a work permit or a patent, and also upon their renewal, tenure is also extended.
The temporary residence permit and residence permit
A TRP (temporary residence permit) – affirms the right of a foreign citizen to reside temporarily in the territory of Russia before obtaining of residence permit, issued in the form of the mark in the document proving the identity.
The validity of the temporary residence permit is 3 years.
A TRP is issued within the quota. However, the Law stipulates the categories of citizens that can apply for TRP without quota.
During the period of validity of TRP (3 years) foreign citizen, at his request, may be granted a residence permit. However, there is one condition: before obtaining of residence permit, a foreign national must reside in the Russian Federation not less than 1 year on TRP.
A residence permit is issued to a foreign citizen or stateless person in confirmation of their rights of permanent residence on the territory of Russia, as well as their right to free exit and entry into the country.
In order to be registered at the place of stay, foreign citizens are required to provide the receiving party a document certifying his identity and recognized by the Russian Federation and a migration card.
The receiving party is a natural or legal person, i.e. the receiving side can be Russian or foreign citizen permanently living in Russia or the organization (holiday house, hotel, boarding house, etc.).
The receiving party within 7 days from the day of arrival a foreign citizen is obliged to submit a completed notification form of its (foreign citizen) arriving at a place of stay directly in territorial body FMS of Russia at the location or to send the notification form by mail.
Temporary asylum and refugee status
Refugee status a foreign citizen can be obtained only if there are real concerns of a citizen becoming a victim of persecution on the grounds of race, nationality, religion, political belief, in which a person is unable or unwilling to return to their country of citizenship.
For consideration of the question of citizenship, it is necessary to address in territorial body FMS of Russia at the place of their stay.
To appeal to the Federal migration service of Russia must have an identity document, in case of arrival with the family, other documents confirming the birth of children, marriage, etc. In this case the refugee status is carried out in respect of each family member over the age of 18 years.
Temporary asylum is granted in the case if it is established the existence of humanitarian reasons, which require temporary stay on the territory of the Russian Federation.
To obtain temporary asylum on the territory of the Russian Federation it is necessary to address in territorial body FMS of Russia at the place of stay a statement.
For treatment you must have proof of identity when arriving with a family, you will need other documents confirming the birth of children, marriage, etc.
Grounds for refusal in documents acceptance, necessary for granting temporary asylum, no. The state fee for the provision of temporary shelter is not provided.
In emergency situations when sudden acute diseases, conditions, exacerbations of chronic diseases that pose a threat to the life of a patient receiving medical care regardless of the availability of obligatory medical insurance policy.
If you have permission for temporary residence or refugee status or residence permit in the Russian Federation the persons who came from the Ukraine, have the right to choose the medical insurance company, receive medical insurance and free medical assistance throughout the territory of Russia in the amount provided under the base program of obligatory medical insurance.
In order to obtain the obligatory medical insurance policy, you should contact any health insurance company, which carries out the activity in sphere of obligatory medical insurance.
In medical insurance company is presented with the statement, there is an enclosed identity document (passport of a foreign citizen) and a certificate of refugee status / temporary shelter / temporary residence permit / residence permit.
On the day of treatment in medical insurance company is issued a temporary certificate confirming registration of the policy. This document certifies the right to receive free medical care.
A temporary certificate shall be valid to receive policy of obligatory medical insurance (not to exceed 30 working days from the date of issuance of the temporary certificate). The policy is issued on period of validity of the certificate of refugee status / temporary shelter / temporary residence permit / residence permit.
Foreign citizens who temporarily reside in the territory of the Russian Federation, compulsory health insurance are not subject.
Right to pension of persons who arrived to the territory of Russia depends on their status.
Citizens of the Russian Federation who permanently reside on the territory of Ukraine and returned to Russia, are entitled to pension benefits in full in accordance with the legislation of the Russian Federation.
Citizens of Ukraine have the right for a pension with permanent residence in the territory of the Russian Federation, confirmed by the residence permit, which is issued by territorial body FMS of Russia.
Persons who have obtained refugee status, have a right to pension equally with citizens of Russia for the period of validity of the status, confirmed by a refugee certificate issued by the territorial body of the FMS of Russia.
Persons with temporary asylum, the right to pension benefits have not.
To receive Russian pensions to citizens arriving from the territory of Ukraine, must submit the following documents:
1) identity document:
- for citizens of the Russian Federation – passport of the citizen of the Russian Federation;
- for refugees – the refugee certificate;
- for Ukrainian citizens – a residence permit.
2) on the establishment of disability;
3) disabled family members;
4) the death of the breadwinner and of family relationship with him;
5) pension and information about the termination of a pension on the territory of Ukraine, which are confirmed by the authority which carried out the pension at the previous place of residence. If you provide such information on termination of pension payment in Ukraine, the citizen who has addressed for appointment of a Russian pension, prepares an additional statement in which independently specifies information about the timing of the cessation of payment of pensions in Ukraine and undertakes, in case of receiving relevant information preporucena to pay the amount of the pension, if such facts will be set (these points are relevant for pensioners receiving the pension in Ukraine);
6) documents on length of service, average monthly earnings for any 60 months in a row up to January 2002.
If the information on length of service and earnings, pension from the Pension Fund of Ukraine a citizen can not represent, he can be appointed after the age of dla women 60 years, men 65 years) social old-age pension subject to the confirmation of permanent residence on the territory of the Russian Federation or the availability of refugee status.
Foreign citizens with a refugee status and a residence permit, can apply for a pension for survivor's pension and disability pension, regardless of age. For a pension for survivor's pension, you must submit documents confirming kinship relationship with the deceased breadwinner, as well as the instrument of death of the breadwinner. For purpose of disability pension, you must submit a document on the establishment of disability or undergo a special examination in the territory of the Russian Federation, if the document confirming the disability, and lost.
On all questions of pension provision should apply to the territorial body of the Pension Fund of the Russian Federation at the place of stay.
The General rule is that the employer and the customer has the right to attract and use employees with the permission to attract and use foreign employees, a foreign citizen has the right to work if he has reached the age of 18, if you have permission to work.
This procedure does not apply to certain categories of foreign citizens. For example, for those who have a TRP or residence permit, are members of the program on assisting the voluntary resettlement of compatriots and members of their families living abroad to the Russian Federation.
Foreign citizens who have received refugee status or temporary asylum on the territory of Russia, in the implementation of employment are exempt from having to obtain a work permit (article 13 of the Federal law "On legal status of foreign citizens in the Russian Federation"). This exemption is valid until the loss or deprivation of refugee status or temporary asylum.
Foreigners may obtain a work permit:
- on the period of temporary stay;
- for the duration of the employment contract or civil law contract concluded with a foreign citizen, but not more than 1 year from the date of entry of a foreign citizen in Russia.
The validity of the work permit may be extended. Application for renewal must be submitted no later than 15 days prior to the expiration of the work permit.
A work permit may be grounds for extending the period of temporary stay on the territory of the Russian Federation.
Application-request on issuance of the work permit shall be filled in strictly defined form. The statement should be made:
- the document proving the identity;
- receipt about payment of state duty;
- migration card with work as purpose of visit;
- the documents confirming absence at the foreign citizen of the diseases that pose a risk to others (HIV, leprosy and other) and diseases of drug addiction;
- employment contract or a civil contract (if available).
If you plan to perform labour activities in the sphere of housing and communal services, consumer services or retail trade, a foreign citizen must have Russian language at the level not lower than the base.
A work permit is issued with consideration of quotas, if set.
If there are no grounds for refusal the work permit can be issued within 10 working days, it shall be issued personally upon presentation of a passport.
To work the foreign national is only within the subject of the Russian Federation, on whose territory the permit is issued.
Foreign nationals lawfully in the territory of the Russian Federation, can be brought to of employment to perform work for domestic, personal and other needs not connected with entrepreneurial activity without registration of the work permit.
This requires a patent. To obtain a patent (primary receipt) shall be submitted:
- an application for the grant of a patent;
- migration card indicating the work as purpose of visit;
- the document proving the identity.
Currently Federal law that sets refugees and citizens of Ukraine temporary relief on personal income tax.