Article 62 (3) of the Russian Constitution states that foreign citizens and stateless persons shall enjoy in the Russian Federation the rights of its citizens and bear their duties with the exception of cases stipulated by the federal law or international treaty of the Russian Federation. The Constitution also provides for a number of rights and entitlements for all persons in the country, Article 41 guarantees the right to health care and medical assistance, however it is only to be guaranteed to Russian citizens free of charge, Article 43 guarantees for everyone the right to education, and that the accessibility of education shall be guaranteed. Asylum Seekers are entitled to accommodation and support under the Article 6 of the Refugee Law, including medical care and education. However as number face difficulties registering their status asylum seekers and their families may in practice be unable to access this support. In the Law on Refugees it was foreseen that asylum seekers would be accommodated in Temporary Accommodation Centres (TACs) on entering the country to claim asylum where support is provided to them. All migrants are entitled to an education and asylum seekers should be able to access this benefit without producing registration documentation.

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The 2002 Law on the Legal Status of Foreign Residents in the Russian Federation introduced a system of permits. Migrants entering the Russian Federation must obtain a migration card on entry and then register within three working days of their arrival. They are then entitled to remain in the country for three months as visitors. Migrants may register to apply for three year temporary residence permits, under Article 6 of the Law, which confirm their right to remain in the country within the framework of a government quota. 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 so applicants may need to leave the country or reside there irregularly in the interim period. The grounds for refusal of temporary residence permits are set out in Article 7, and include the ground that the applicant is unable to prove that he can maintain himself and his family in the Russian Federation without resort to state assistance.

Migrants may apply for permanent residence permits valid for five years and renewable, after one year of residing in the country on temporary residence permits under Article 8 (2) of the Law on the Legal Status of Foreign Residents in the Russian Federation. To obtain permanent residence, foreign citizens are also required under the law (Article 9 (8)) to prove that they are able to support themselves and their family within the limits of the subsistence minimum. All permit application information is transferred from the Ministry of Internal Affairs to the registration body. Migrants may apply for citizenship under the Law on Citizenship of the Russian Federation (2002) if they have resided in the country for five years on a permanent residence permit.

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

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