In the world of 200 states.Legislation in many countries is permitted citizens to have foreign passports (or residence permits).Russia is one of them.Until recently, the bureaucracy in relation to citizens of the Russian Federation with a foreign passport or a residence permit, was practically absent.
about dual citizenship in Russia had heard very many people.Some eagerly took the opportunity to become a citizen of a foreign power.Communicate that you have citizenship of another country, it is not necessary.But now the situation has changed.The fact that there is a dual citizen, now we have to notify the Federal Migration Service of Russia.Otherwise threatens a large fine or correctional work.How to report on dual citizenship?In some cases, the rules of the law provided relief?
What is this law?
summer 2014 the Russian President signed a law according to which the Russians hid the fact of dual citizenship can be prosecuted.In order not to fall under this criterion, the residents of the Russian Federation with a passport (or residence permit) other countries are obliged to report to the October 4, 2014 about the Federal Migration Service.
If this requirement is not met, the authorities will impose a fine, the maximum size of which can reach 200 thousand rubles.(or appoint corrective work up to 400 hours).This is the new Russian law on dual citizenship.
Presidential Initiative
consider important nuances related to the authorship of the initiative, according to which the FMS has tightened immigration policies.Who came up with such a strict law on dual citizenship of the Russian Federation?According to the observations of experts, personally initiated the act became president of Russia.He voiced the idea: Russian citizens are obliged to give the authorities know about the presence of allegiance to other countries at a meeting with the senators in the Federation Council.
Nuances
RF Law on Dual Citizenship contains a rule: if a resident of Russia is no passport of another country, but it's going to get it, you need to notify the Federal Migration Service within 60 days after the registration of a foreign document.
Similarly, the FMS should be notified if a passport (or residence) of another country have children whose parents - citizens of Russia.For minors residents have a special form.
Responsibility
The act, signed by the President of Russia, said that a fine of 200 thousand rubles.- This is the maximum that threatens the citizen, not carry out the necessary procedures with respect to interaction with FMS.What are the levels of liability prescribed in the law?What if the notification of dual citizenship does not send the FMS?
Experts assure that this penalty will be issued only if the Federal Migration Service to prove intentional evasion of the citizen from the notification of a passport of another country.If a person, for example, runs out of the statutory period (until October 4), all that he faces - is an administrative fine of 500 or 1,000 rubles.Similarly, the monetary penalty be imposed, if a citizen of the FMS provides an incomplete set of documents, or in the statement there are significant errors or untrue information.
Relief
new law allows a number of exemptions is quite reasonable.For example, the Russians, who until October 4 will be abroad (or live there permanently) can be up to his arrival home did not notify the Federal Migration Service of the fact of having the passport of another country.This is logical, because the foreign document delivery service does not have the authority to accept an application for dual citizenship as it can do just about Russia.
Some experts assure that the law does not apply in respect of the Russians, who have citizenship of the countries with which the Russian Federation has signed special international agreements.In particular, these countries are Tajikistan and Turkmenistan.
law contains some exemptions in respect of the Republic of Crimea and Sevastopol, regions of the country for these standards will come into force in 2016.
inform the Citizenship FMS
How to report on dual citizenship so that the Federal Migration Service, there were no doubts in the law-abiding?Notify the Federal Migration Service of a second citizenship can be through one of two ways.The fastest - it's personal appearance in the territorial structure of the department at the place of residence or actual residence.Address of the unit can be found on the site office.Arriving at the office of the Federal Migration Service, the Russians must leave a written statement (or, if formal notification of dual citizenship, will be given a form on which the employees).Such securities, by the way, are two: one for adult persons, the second for those who are not yet 18.The application you need to make a photocopy of the passport of the Russian Federation and a similar document issued by another State.Translated into Russian (and its notary certification) do not need to.
inform the Citizenship through Russian Post
How to report on dual citizenship, if you visit office of the Federal Migration Service is not possible?The second way - to send the same documents through the Russian Post.Work in this direction Office beginning a few days after the entry into force of the new law.
sends the documents to the FMS can be in any post office.As is the case with the first way to send information in the package of securities included notification of dual citizenship ( form can be downloaded from the website of the Federal Migration Service).Employees of this organization are required to check whether the application is filled out, everything is affixed to the necessary documents.After checking the notice of a citizen on the fact of having dual citizenship is sent to the FMS letter.Many post offices applicants given special "track number" by which you can keep track of how the notice is delivered on dual citizenship.
important nuance
In both cases it is important to receive confirmation that the paper accepted.In the case of applying in person appearance in the FMS department employee shall certify the documents signed by the citizen and give him the "root" of the form.If the application is submitted by mail, the receiving similar procedure produces an employee, but puts no signature and seal or stamp.
The law in South Ossetia
becomes relevant question: "Should the FMS to send a notice of the inhabitants of dual citizenship, diplomatic status which is recognized only by Russia?"For example, South Ossetia?
experts assure, even if the sovereign status of a state recognized by the Russian Federation and none other, the Russians have a passport of that country are obliged to report to the FMS, as if it were a French nationality or, for example, US.The law on dual citizenship does not contain any explanation regarding the diplomatic recognition of foreign states.Thus, the residents of South Ossetia, which have an internal passport and simultaneously with Russia, have in the case of permanent residence in the Russian Federation to inform properly the Federal Migration Service of a dual citizenship.
possible case where a resident of the Republic of South Ossetia has only a Russian passport, and internal - not.Then any notification submitted to the FMS is not necessary.The question of how to report on dual citizenship, to stand before the people of this young state will not.
question of dual citizenship: international experience
immigration laws in all states are different.Drinking dual citizenship too.Even in Europe, where, apparently, many of the laws are uniform, there is no common approach to this issue.Some countries belong to the dual citizenship is positive, neutral, or even more strongly opposed.Of course, depending on the political situation in the regulation of migration processes may change accents.European governments may issue a decision under the specific tasks the new laws on dual citizenship as well.
experts note that severe punishment for concealing the fact of foreign citizenship abroad - a rare phenomenon in the world.This can be explained, in particular, the fact that modern technology used by immigration authorities allow easy enough to identify people who have the passport of another country.An example of the state where the regulation is rather rigid forms - India.In this country, dual citizenship is prohibited.And if a person who has a national passport, cross the border of another country on the document, it is waiting for a large fine, while systemic manifestations such actions - prison.Similar austerity rules apply, for example, in Singapore.
And what is the "dual citizenship"?
Russian legislation defines dual citizenship as a fact Russians nationality in respect of at least one foreign country.In plain text of the Constitution refers to the right to have such a status.
It says that the Russians may be foreign nationals on the grounds set forth in federal law or the international instruments signed by the Russian Federation.
What are the features of this status?The laws of Russia says that a citizen of another country does not diminish the rights and freedoms (and, at the same time, duties) that arise on the basis of Russian citizenship.Exceptions should be spelled out in federal and international regulations.
In Russia, the two main status are common, reflecting the dual citizenship legally.
- situation in which a residence permit or passport of another country are issued in line with a special international agreement (above, we have given an example of the two states with which the Russian Federation signed an agreement of this kind - Turkmenistan and Tajikistan).
- situation in which the Russians got the citizenship of another country (one or more), when the process of the Russian Federation did not take part.
lawyers say that in practice the procedure for registration of residents of Russian nationality against other states may also occur under other statuses.
federal immigration legislation
should also take into account a number of language specific legislation.A lot of interesting things contained in the Law "On Citizenship of the Russian Federation."It says, for example, that the Russians, who have a passport or residence permit of another country shall be considered exclusively as Russian citizens (again, unless otherwise provided by international agreements).The Law contains important language.Its essence is that the acquisition of a Russian citizen passport of another country does not annul the Russian citizenship.There is in this law and rules which would suggest the need for residents to abandon their Russian citizenship.
both legally enter and leave at two passports?
reasonable question: "How is the procedure of crossing the border of the Russian Federation in respect of persons with dual citizenship?"To answer this question, we turn to the Law "On procedure of exit from the Russian Federation."It says that the citizens of Russia to enter the home of a document issued precisely authorities of the Russian Federation (by normal or passport).
In addition, the legislation provides the option for which is possible to enter the territory of the Russian Federation on the certificate issued by foreign diplomatic missions.This often happens when a person loses his passport.
In turn, the order of entry into the territory of countries where Russian is a citizen by way of dual citizenship is determined by local law.In general, they contain rules that are similar or identical to Russian.Meanwhile the airline at check-in for a flight to a foreign country may ask for a document by which the citizen of the Russian Federation can be guaranteed to enter the territory of another country.And it is very likely will not be a Russian passport.Therefore, during the passage of the procedures associated with the check-in and customs clearance at home and abroad, a citizen of the Russian Federation is better to have two passports with them.
constitutional freedoms
Thus, in the Constitution is not settlements, expressly prohibiting residents of the country to be citizens of other countries do not have laws that would somehow limit the right of Russian citizens to hold dual citizenship.There is a special agreement regulating migration processes (as in the case of Tajikistan and Turkmenistan).And this is quite liberal in terms of legislation mode, experts say, foreordained the appearance of a large number of Russian citizens, whose status in terms of dual citizenship not recorded in the records of government agencies.That this may be connected with the fact that the FMS did not know exactly how many Russians have foreign citizenship.It is likely that this situation was the reason that there was a law on dual citizenship.
