Since the enactment of the Law ‘On Amendments to Articles 6 and 30 of the Federal Law “On Citizenship of the Russian Federation” and Certain Legislative Acts of the Russian Federation’ of 4 June 2014 No. 142-FZ, not much time has passed, yet a barrage of enquiries relating to this legislative act has been directed at embassy representatives and the Federal Migration Service (FMS) of the Russian Federation. The editorial team at Cyprus Inform has sought clarification from the Federal Migration Service in the Russian Federation. Although many questions remain unanswered for the time being (such as how to submit an application if you are abroad; whether Russian consular sections abroad can register citizens, etc.), we are already able to report on the main changes that will affect those living in Cyprus. This law came into force on 4 August 2014. From that date onwards, Russian citizens who hold dual citizenship or a residence permit in a foreign country are required to report this to the Federal Migration Service (FMS) at their place of registration within 60 days.
What type of citizenship do you hold: second citizenship or dual citizenship?
The law specifies that persons with dual citizenship are not subject to this legislation. Who is considered to have dual citizenship? A person is deemed to have dual citizenship if they hold citizenship of a country with which the Russian Federation has concluded a dual citizenship agreement. At present, such agreements have been concluded only with Turkmenistan and Tajikistan. In all other cases, the situation concerns second citizenship; consequently, citizens holding such citizenship must contact the Federal Migration Service (FMS) to provide the necessary information.
Are you in Cyprus on a permanent or temporary basis?
So, the key issue regarding the submission of information on a residence permit in a foreign country for those living in Cyprus is whether they are residing there on a temporary or permanent basis. The law clarifies that information regarding a residence permit in a foreign country must be submitted by persons permanently residing abroad. Many compatriots reside in Cyprus on the basis of a so-called ‘pink slip’ or temporary residence permit. In other words, individuals residing on the island on the basis of this document are considered to be residing abroad temporarily and are therefore exempt from submitting information to the Federal Migration Service of the Russian Federation. When it comes to indefinite residence permits or F-type visas, the Russian authorities also provide the necessary clarifications. What matters here is not the documents issued by the Cypriot authorities, but whether or not the individual has a Russian residence registration. If a person has retained their Russian residence registration, they are residing in Cyprus on a temporary basis. If, however, they do not have Russian residence registration and have registered with the consular section in Cyprus, they are residing on the island on a permanent basis.
Consular registration of Russian citizens in Cyprus
Many Russian citizens living on the island ask: ‘How can I find out whether I have registered with the consular section in Cyprus, and what is the procedure?’, ‘And if I renewed my foreign passport at the consular section, does that mean I’ve registered with the consulate?’, ‘Can I be registered with the consulate automatically?’ If you have not submitted an application to the consulate yourself, then you are not registered with the consulate. Even if you renewed your passport by applying at a consular section abroad, you could not have been automatically registered with the consulate. All the necessary information on consular registration can be found on the website of the Embassy of the Russian Federation in Cyprus (www.cyprus.mid.ru). For further information, please refer to the article published in *Rossiyskaya Gazeta* containing clarifications from the Federal Migration Service dated 28 July 2014 (No. 450, Moscow). You can also find the forms for notifying the authorities of dual citizenship or permanent residence, which must be submitted to the Federal Migration Service, on the same website.
Can the Consular Section in Cyprus accept applications from citizens?
At present, neither the Russian Embassy in Cyprus, nor the consular sections, nor diplomatic missions in other countries are authorised to accept applications regarding the possession of dual citizenship or a permanent residence permit. In other words, compliance with the law in practice remains rather problematic for individuals permanently residing abroad. If you need to submit information regarding your foreign citizenship or residence permit, you should contact the Federal Migration Service office in the Russian Federation at your place of registration, or the Unified State Centre for Documents in Moscow or St Petersburg (for residents registered in those regions).
But what if…
Citizens holding dual citizenship or a residence permit in a foreign country must, within 60 days of acquiring dual citizenship or the right to permanent residence abroad, notify the regional offices of the Federal Migration Service of the Russian Federation of this fact in writing. For minor children and persons with limited legal capacity, the notification must be submitted by their legal representatives. Russian citizens residing permanently abroad must await further guidance on how to submit these forms. Failure to comply with the obligations under this legislative act is subject to criminal liability. A person who breaches the legislation is liable to a fine of up to 200,000 roubles or an amount equivalent to one year’s salary, or to compulsory labour for a period of up to 400 hours. A breach of the notification procedure carries an administrative penalty in the form of a fine of between 500 and 1,000 roubles. So, the main conclusions on this matter are as follows:
- if you are residing in Cyprus on the basis of a ‘pink slip’, you are not required to submit information to the Federal Migration Service (FMS), as your stay is considered temporary;
- if you are residing on the basis of a long-term F-visa or hold a permanent residence permit, you are also not required to submit information if you are registered as a resident in the Russian Federation;
- if you hold Cypriot citizenship, you must submit the information. You can read about how to do this in our forthcoming reviews.
