The Russian Federation introduced a Federal Law on the Legal Status of Foreign Citizens in the Russian Federation in 2002. This law, under Article 37, requires foreign citizens to obtain migration cards on entering the country which are valid for 90 days. Migration cards do not entitle the holders to any benefits but must be kept with them at all times. If foreign citizens are not granted a temporary right to reside in the country they are obliged to leave under Article 5(2) of the Law after the three month period. For those groups already resident in Russia the new law has particularly serious consequences, as the foreign citizen status attributed to them is only valid for three months, however it can take up to six months, under Article 6(4) of the Federal Law on the Legal Position of Foreign Citizens (2002) to obtain a temporary residence permit valid for three years (see 8.4 – Migrant rights and entitlements). Such persons may therefore either leave the country or be forced to reside there irregularly.

More

A Law on Citizenship of the Russian Federation was also introduced in 2002 which, under Article 13(1), allows foreign nationals to apply for citizenship providing they have permanently resided in the Russian Federation for five years since they were granted permanent residence permits. This requirement excludes persons who have resided in Russia irregularly, regardless of the duration, it would therefore exclude citizens of the former Soviet Union who have not obtained permanent residence status in the Russian Federation. Under Article 13(2) persons granted political asylum and refugee status may be able to apply for citizenship after a shorter period.

The Russian Federation acceded to the Geneva Convention in 1993 and the Russian Constitution provides in Article 63, paragraph 1, that foreign citizens shall be granted political asylum "in conformity with the commonly recognised norms of international law". It also guarantees that people will not be extradited if not classed as criminal by the law of the Russian Federation, to others states if persecuted for their political views or actions. Article 1 of the Russian Federation Law on Refugees (1993, amended 1997), provides for the granting of asylum and refugee status as set out in the 1951 Convention Relating to the Status of Refugees. Article 12 of the Russian Federation refugee law is the basis for temporary asylum or complementary protection for persons who have no grounds to be recognised as refugees but cannot be expelled from the Russian Federation for humanitarian reasons. Applicants may are legally obliged to asylum at the border but may also apply at regional Ministry of Interior offices.

Citizens from the former Soviet Union may also be granted "forced migrant" status under the Law On Forced Migrants of 1995. Article 1 defines forced migrant status. A distinction is made between refugees and forced migrants, who were previously granted refugee status, on the basis that ‘forced migrants’ law applies primarily to citizens of the Russian Federation or citizens of the former Soviet Union forced who are forced to leave their homes because of violence, persecution or fear of persecution, whereas the refugee law applies to non-citizens of the Russian Federation.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

Hide