State Duma adopted law on countering fictitious marriages with foreigners

By Alimat Aliyeva

The State Duma adopted at the plenary session a law on establishing a minimum three-year period of marriage with a citizen of the Russian Federation for obtaining a temporary residence permit (RVP) in a simplified manner, Azernews reports.

Changes are being made to the laws "On the procedure for leaving and entering the Russian Federation" and "On the legal status of foreign citizens in the Russian Federation." Currently, a foreign citizen receives a PRTR within the quota approved annually by the Government of the Russian Federation, taking into account the applicant's compliance with certain criteria. At the same time, foreigners who do not meet these criteria often use the institution of marriage for legalization without the intention to create a family, since current legislation does not provide for a condition for the duration of marriage with a Russian citizen before applying for a simplified RVP.

According to the new standards, a RVP can be issued to a foreigner who has been married for at least three years to a citizen of the Russian Federation permanently residing in Russia, or married to a Russian citizen permanently residing in the Russian Federation, with whom there is a common child born (adopted) in such a marriage. A temporary residence permit may be revoked if the marriage is dissolved or declared invalid by a court, if the foreigner is deprived of parental rights, is limited in them, or information about this foreign citizen is excluded from the record of the child's birth certificate.

The rules on issuing a residence permit without obtaining a temporary residence permit are also being clarified. In particular, they will apply to foreigners who have a child who is a citizen of the Russian Federation, permanently residing in Russia, whose other parent has Russian citizenship. At the same time, it is necessary to have judicially confirmed facts of cohabitation in Russia of this foreign citizen with such a child and participation in his maintenance, upbringing or cohabitation in the territory of the Russian Federation of this foreign citizen with the mother (father) of such a child and running a common household for at least three years before the day of applying for a residence permit.

Chairman of the State Duma Vyacheslav Volodin noted in his Telegram channel that 407 deputies voted for the adoption of the law, there were no abstentions and no votes against. "Work on improving migration policy continues. There are 6 more bills under consideration that we discussed with you earlier," he wrote.