How does filiation happen in the Russian Federation in 2021?

Branch in Russia

If you look at the modern world, today there is a mixed system.
That is, the principles of “law of soil” and “law of blood” are relevant at the same time. As for the Russian Federation, the “law of blood” prevails in our country, at the same time being combined with the “law of the soil”. The latter applies in cases where citizenship cannot be determined based on the “right of blood”. Let's say this is the situation. If the citizenship of the parents is not the same, but the father or mother is a citizen of the Russian Federation, then the child will acquire Russian citizenship.

And if the parents of a newborn are citizens of other states, and the baby was born on the territory of the Russian Federation, then he can be granted Russian citizenship only in one case. When states of which the father and mother are subjects do not grant their citizenship to children born outside their borders.

A child found on Russian territory whose parents are unknown also becomes a citizen of the Russian Federation. There may be another case. If the father and mother do not have citizenship at all, but their baby appears in the vastness of the Russian Federation, the boy or girl becomes a full citizen of Russia.

Constitutional law

The "soil principle" means that any person born on the territory of a state is recognized as a citizen. If this principle is dominant in legislation, then in its application the citizenship of the child’s parents does not matter. In particular, this principle is absolute in the USA. Moreover, US legislation provides a special status to a citizen born in the United States - only such a citizen has the right to be elected to the post of President of the United States.

We recommend reading: Documents for registering ownership of an apartment

Foreign citizens and stateless persons who are registered at the place of residence on the territory of the subject of the Russian Federation chosen by them for permanent residence in accordance with the State program to assist the voluntary resettlement of compatriots living abroad to the Russian Federation, and members of their families can also be accepted to citizenship of the Russian Federation in a simplified manner.

Branch in Russia

If you look at the modern world, today there is a mixed system. That is, the principles of “law of soil” and “law of blood” are relevant at the same time.

As for the Russian Federation, the “law of blood” prevails in our country, at the same time being combined with the “law of the soil”. The latter applies in cases where citizenship cannot be determined based on the “right of blood”. Let's say this is the situation. If the citizenship of the parents is not the same, but the father or mother is a citizen of the Russian Federation, then the child will acquire Russian citizenship.

Filiation is Definition, types, specifics

Acquiring citizenship in any state involves many formalities.
From the point of view of the state, this makes sense, since it is necessary to collect as much information as possible about the person. Then, based on this information, a decision is made to grant citizenship. There are three main ways to become a citizen of a country: option, filiation, naturalization. Obtaining Russian citizenship

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Return

Option

A concept denoting the possibility of obtaining citizenship by people who, due to changes in the borders of one state, find themselves on the territory of another country. Changes in borders occurred in accordance with the norms accepted in international law, i.e., through a peace treaty between two states on clarification and change of borders.

With an option, a person has the right to choose: he can remain in the territory that now belongs to another government agency, which means accepting the corresponding citizenship. Or opt for citizenship of the country that transferred the territory.

But in this case, you will have to move within the period specified in the contract.

Return

Reasons for option

In addition to the transfer of land by agreement, from one state to another, there are other reasons why an option procedure may be launched.

Termination or loss of citizenship can occur in two main ways: a) renunciation of citizenship and b) deprivation of citizenship.

Renunciation of citizenship is based on the will of the person and is carried out by submitting an appropriate application to a certain state body (usually the local authority of the Ministry of Internal Affairs), while deprivation of citizenship occurs regardless of the will, and most often against the will of the person concerned as a sanction of the state , applied to someone who has seriously violated its instructions. The latter is carried out by an authorized state body.

Naturalization can occur not only on the basis of personal choice, but also by law, for example, during adoption, guardianship, recognition of paternity, or when a foreigner marries a citizen of a given state. It can also be both individual and collective in nature.

An example of the first is the option (choice) of citizenship of a particular country in the conditions of the transition of part of the territory from one state to another or its declaration as an independent state, when the residents of this territory receive the right to opt (choose) citizenship themselves, i.e.

keep your previous citizenship or acquire a new one. Collective naturalization takes place due to the succession of states, when, for example, when former colonies were transformed into new independent states, their inhabitants automatically acquired the citizenship of these states.

A transition of territory in which a change in citizenship is carried out without giving the population the right to choose it is called a transfer.

The legislation of most states establishes certain prerequisites for admission to citizenship.

In a number of countries, for example, based on the doctrine of “effective connection of a person with the state,” the prerequisite for admission is “domicile,” or, in other words, the qualification of residence.

When a child is born, he has a chance to obtain citizenship by birth. Citizenship is a connection between the state and the individual.

At the moment of birth, a child has the right to become a citizen of the country in which he was born, especially if the parents or one of them is its citizen.

In 2021, obtaining citizenship for a newborn baby has become a recommended procedure. This is related to that. So that in the future the child does not have any problems that require a long-term solution.

Filiation, that is, citizenship by birth, is enshrined at the constitutional level in most countries of the world, including Russia.

This is one of the options for obtaining citizenship, which has a range of advantages and is the most accessible and simplest in the registration process.

What it is

The main feature when obtaining citizenship by birth is the fact that it is not related to the desire of the candidate.

Affiliation does not entail the mandatory implementation of any procedures for declaring readiness to become a citizen of the country and a member of society. This principle works automatically.

Right of the soil	Obtaining citizen status by a child according to his place of birth, regardless of what status his parents have
Right of blood	The right to citizenship is not related to the place of birth, but is based on which country the child’s parents are citizens of.

In many countries, both of these privileges for obtaining citizenship are prescribed at the legislative level.

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The right to citizenship by birth does not apply in every country in the world. Some states adhere only to the law of blood when obtaining citizenship and reject the law of soil.

The pure version of this law applies only in some countries. In most cases, the law applies with certain reservations.

You can become a German citizen by birth, provided you have lived in the country for eight years.

The same procedure applies in France, Denmark, Belgium, only the length of stay varies. In Italy, Great Britain, Spain and Ireland, jus soli applies only if the child and one of the parents were born in the country.

List of states in which citizenship by birth can be obtained, based on the principle of soil:

Argentina;
Brazil;
USA;
Canada;
Pakistan;
Cambodia.

This right does not apply in Cuba and Colombia. The condition for obtaining it is that the mother enters the territory of the state, because many consulates do not issue a visa after learning about pregnancy.

Questions about obtaining citizenship by birth in the Russian Federation are regulated by the following regulations:

Law “On Citizenship” of May 31, 2002, No. 62-FZ;
Article No. 6 of the Constitution of the Russian Federation;
Presidential Decree “On Amendments and Additions to the Regulations on the Procedure for Considering Issues of Citizenship of the Russian Federation” dated December 27, 1993 No. 2299.

Legislative acts describe the conditions and grounds for obtaining citizenship, the moments and procedure for its termination, and the process of its registration.

Citizenship by birth is obtained through an application; for this you need to contact the migration service. You must have your passport and child's birth certificate with you.

In the case of registration of citizenship for a minor under guardianship, all responsibilities are assigned to the official guardian.

We invite you to read: Family reunification program in Russia in 2021

There is only one condition: the guardian must be a citizen of the country in which he will live with the child, otherwise registration will be impossible.

In the article we propose to analyze a term that is not so often encountered, but quite interesting to get acquainted with. Let's figure out what this is - filiation. And let's start with the definition of the concept that is represented by dictionaries.

Interpretation of the concept

The term "filiation" means:

Acquisition of citizenship by a child upon his birth.
Granting citizenship to a newborn by a specific state.
The gender aspect along which the transmission of kinship occurs. Hence, filiation along the maternal line, female line - matrilineality, filiation along the male line, paternal line - patrilineality are distinguished.

Familiarity with its origin also helps to determine the meaning of the concept. From lat. filialis - "sonly".

Principles of filiation

The affiliation procedure is the acquisition of citizenship based on two key principles:

"Right of Blood". In this case, the newborn will acquire the citizenship of the homeland of his father and mother, regardless of the territory of which state he was born.
"Right of the Soil". This is a radically different position. A child is determined to be a citizen of the country on whose land he was destined to be born. The citizenship of his parents does not affect the fact of filiation in any way. That is, the father and mother can be subjects of either the same other state or two different countries.

Types of filiation

In its broadest sense, affiliation is the acquisition of citizenship. From this point of view, the phenomenon is divided into three categories:

By the right of the land. The child acquires citizenship of the country in which he was born.
Blood filiation. This is the acquisition of the same citizenship that the parents have.
Hereditary filiation. Determination of citizenship in the case when a child is born outside the native state of the father and mother, in the event of the death of his parents.

If you look at the modern world, today there is a mixed system. That is, the principles of “law of soil” and “law of blood” are relevant at the same time.

As for the Russian Federation, the “law of blood” prevails in our country, at the same time being combined with the “law of the soil”. The latter applies in cases where citizenship cannot be determined based on the “right of blood”. Let's say this is the situation. If the citizenship of the parents is not the same, but the father or mother is a citizen of the Russian Federation, then the child will acquire Russian citizenship.

Filiation in the world

Let's talk in more detail about what this is - filiation. Generally recognized international law establishes that absolutely everyone at the hour of their birth already has the right to citizenship. This is stated in Art. 1 of the Convention on the Reduction of Statelessness. The document determines that the state is obliged to grant citizenship to a child born within its borders. And filiation here is the most common form of acquiring citizenship.

In its pure form, “right of blood” can only be found in Scandinavian countries. “Right of soil” can only be applied to children whose parents are unknown.

But in states that have adopted common international law, as well as in a number of Latin American countries (for example, Argentina), the “law of soil” will prevail over the “law of blood.” Or perform on par with him.

Option

But in this case, you will have to move within the period specified in the contract.

Reasons for option

In addition to the transfer of land by agreement, from one state to another, there are other reasons why an option procedure may be launched.

The disintegration of the country into several smaller states.
Formation of a new power.

In both cases, international law provides for mandatory selection of the population, so that there is no situation of stateless residence. Moreover, residents must have the right to free choice and with any of the options, all their property rights are retained.

A choice of citizenship given to the population or natives of a territory transferred from one state to another.

An option can also be called the choice of a person with dual citizenship in favor of one passport. This situation may arise if the state allows its citizens to have dual citizenship, but in fact only fully recognizes its own citizenship. A person has to bear responsibilities in both powers, then he has to make a choice in favor of one.

To obtain citizenship, you must fill out an application form for obtaining Russian citizenship. Here is a sample filling.

Transfer

The meaning of another term, transfer, is close to option, with the exception of an essential point: in this option, the population is exchanged forcibly, which is contrary to the rules of law. Therefore, this option of changing citizenship is exceptional and has occurred only twice in recent history:

The Treaty of Lausanne of 1923 provided for the forced resettlement of Greeks living in Turkey to Greece and the Turkish population of Greece to Turkey;
As a result of the Potsdam Conference of 1945, all Germans living in Poland, Czechoslovakia and Hungary were forcibly resettled in Germany.

That is, a transfer measure most often caused by the results of armed conflicts. Its goal is to prevent new military clashes in the future due to the fact that the warring parties live on the territory of the states participating in these conflicts.

After the baby is born

Finding out what citizenship a child will have if he gives birth in America is not difficult - according to American law, all children born on the territory of this state automatically become US citizens by “law of the land.”

If a child was born in the USA and the parents are Russian citizens, the child also retains Russian citizenship.

Unlike newborns, their parents do not have the right to apply for an American passport for the fact of the birth of the baby.

Parents have the right to stay in the United States after childbirth for exactly as long as indicated on the visa.

Find out about the legal systems of other countries in the world that are ready to give their passport to newborns from the article “Which countries give citizenship by birth.”

Registration of documents for a child

After the baby is born, parents need to:

fill out a form at the hospital to receive an SNN (social security number) and an American birth certificate (certification of birth);
After discharge from the clinic, visit the Department of Health and obtain a birth certificate. When receiving a Birth certificate, you need to pay a state fee (for example, the fee in Miami is $15);
in a few weeks you will receive an SNN card at your place of residence.

Children born in the United States receive automatic citizenship. The main document confirming citizenship is an American birth certificate. In this regard, a passport of a US citizen can be issued upon returning to Russia at the American Embassy.

If you would like to obtain a US passport before arriving home, go to your local post office and make an appointment to receive your passport. You must pay a state fee for the document. For example, in Miami the fee is $120, and you will have to wait 6 weeks to receive your passport.

To obtain a Russian foreign passport for a newborn and confirm Russian citizenship, you must:

apostille a child's birth certificate. To get an apostille (an official attachment to a certificate recognized in the Russian Federation), contact the Secretary of State and provide the original certification of birth. The cost of services varies by state;
contact a translator certified by the Russian Embassy in the United States to translate the birth certificate with an apostille into Russian and notarize the translation;
make an appointment at the nearest Russian Consulate in the United States to issue a Russian passport for the child and confirm Russian citizenship. When filling out application forms at the consulate, you will need to enter your US birth certificate number, which is located in the upper left corner of the document called “State file number.”

Observation of the child by pediatricians

At the hospital, parents are given the opportunity to choose a children's doctor. After birth, the pediatrician and other specialists examine the baby in the ward.

The average cost of one visit to a pediatrician is $150-200.

Returning home with a child

Many airlines allow babies on flights already on the eighth day after birth.

To leave America with a child and freely cross the borders of two states, you will need a Russian passport for the child and copies of air tickets.

Registration of documents for a baby takes a month or more, so when purchasing round-trip tickets, book a return ticket for a month or two after birth. In order for the child to be allowed on the flight, his name must be included on the parent’s return ticket. To do this, you should contact an airline employee and ask him to write the baby’s name on the parent’s ticket.

Who becomes a citizen by birth

Next, we suggest you figure out whether it is possible to obtain Russian citizenship if a child was born in Russia or from Russians. So, according to paragraphs. a, b, paragraph 1, art. 12 of the law, any child becomes a Russian citizen, regardless of his place of birth, if the parents from whom he came, or one of them (provided that the second is stateless or missing) are Russians at the time of his birth. This rule is a direct reflection of the principle of blood - linking status to the status of parents.

If the parents have different citizenships, what kind of citizenship the child will receive in such a situation depends on the territorial component. So, according to paragraphs. in paragraph 1 of Art. 12 of the law, if one parent is Russian and the other is a foreigner, the newborn automatically becomes a citizen of the Russian Federation only at birth on the territory of Russia, or, if otherwise, he will become stateless. That is, the provision of Russian citizenship for children born from international couples (including one Russian) outside the Russian Federation depends on whether the country in which he was born will grant him citizenship.

The citizenship of a child born in Russia, if the parents are not citizens of the Russian Federation, also depends on the peculiarities of the legislation of the country whose citizens are the child’s parents. So, according to paragraphs. g clause 1 art. 12 of the law, a child born to foreigners in the Russian Federation can become a citizen of the Russian Federation only if the country of origin of his parents refuses to make the newborn a citizen or does not provide for such a possibility at all. Uncontested citizenship by place of birth in Russia is obtained in accordance with paragraph 2 of Art. 12 of the law, only children whose parents are unknown and will not appear within six months after birth.

Thus, we can observe mixed filiation in Russian legislation, while the main thing here is the law of blood, and the implementation of the law of soil is subject to certain conditions.

How to properly obtain citizenship for a newborn

Previously, before obtaining Russian citizenship for a child by birth, parents registered their newborns at their place of residence. Now this can be done simultaneously

Please note that instead of the previously issued insert indicating citizenship, a special stamp is now affixed

Another important nuance: according to No. 1325 dated November 14, 2002, such a stamp is a parent’s right, not an obligation.

Let's consider the procedure for acquiring Russian citizenship by birth. In general, it begins in a Russian maternity hospital, when a Russian mother gives birth to a child whose father is a Russian or a foreigner. There they will be given documentary evidence of birth, on the basis of which they need to issue a birth certificate. After receiving it, you can contact the migration authorities to obtain a stamp

Please note that registration of citizenship of the Russian Federation by birth is carried out in the same manner, and it does not matter at all whether the family is Russian or international

Filiation is the acquisition of citizenship

filiation - and, f. filiation f. 1. Development of something. in succession, in direct dependence. Filiation of word meanings. BAS 1. Pursuing a logically natural connection between causes and effects, it will not be difficult to establish a filiation between what is now ... Historical Dictionary of Gallicisms of the Russian Language

FILIARY - (from Latin filius son) English. filiation; German Filiation. 1. In ethnography, customs characteristic of societies at early stages of development, according to which the origin of children is recorded exclusively on the paternal or maternal side. 2.… … Encyclopedia of Sociology

Filiation conditions in Russia

As discussed above, there are two conditions for acquiring citizenship by birth: the territory in which the newborn was born, and the citizenship of the persons from whom the newborn descended. At the same time, the legislator allows for various variations, providing for the possibility of a child being born by citizens of different countries or stateless persons, as well as the lack of information about the parents of the newborn.

The question of whether a child born in Russia is a citizen of the country can only be answered unequivocally by his parents, because having, for example, British citizenship, they will most likely want to make the child an English subject. And if UK legislation allows this, then the Russian “soil principle” cannot be applied. In this case, another condition will be the peculiarities of the legislation of the country whose citizens the parents are.

Filiation in the world

In its pure form, “right of blood” can only be found in Scandinavian countries. “Right of soil” can only be applied to children whose parents are unknown.

But in states that have adopted common international law, as well as in a number of Latin American countries (for example, Argentina), the “law of soil” will prevail over the “law of blood.” Or perform on par with him.

We have examined such an important concept in international and domestic law as affiliation. Now you are aware of the intricacies of acquiring citizenship for a newborn

Filiation

The definition of filiation assumes the simplest method of acquiring citizenship by birth. Different countries choose between two forms of filiation:

by right of blood, that is, a newborn child acquires citizenship simply because he was born from parents who are citizens of a particular state, regardless of where he was born in his own country or abroad;
jus soli, when a person acquires citizenship of the country in which he was born, regardless of the citizenship of his parents.

This method of obtaining citizenship is the most natural and simplest. Considering that registration of citizenship directly affects the population, each country chooses for itself which method of affiliation to prefer - by blood or by territory. In this way, the number of migrants can be regulated. In Russia, it is the citizenship of the parents that determines the citizenship of the child.

In the case where one parent is stateless (stateless person), the other is a citizen of Russia.
If one of the parents is a foreigner, birth on Russian territory becomes decisive.
If the parents of a newborn are unknown, then after 6 months he automatically becomes a citizen of Russia, regardless of skin color and eye shape.

The principle of jus sanguinis (right of blood) itself is somewhat discriminatory and is currently rarely practiced; in particular, it is this principle that is included in the definition of citizenship of the State of Israel. In the 20th century it was the main one in Nazi Germany. Modern practice combines both approaches depending on the situation.

Filiation is the acquisition of citizenship

Jus solis (law of soil) becomes especially relevant due to the fact that this form of acquisition of citizenship is practiced by the United States and Canada, among other countries. That is, having arrived in America, having a residence permit and giving birth to a child here, you can be sure that after birth he will become a US citizen.

Citizenship concept

Citizenship

– personal legal connection of a person with the state, characterized by the presence of mutual rights and obligations.

Signs of citizenship:

personal character, as opposed to the territorial connection of a permanently residing foreigner with the state of residence (often the legal status of such foreigners is close to the status of citizens);
the legal connection of a person with the state, i.e. based on the relevant rules of law, and not on ethnicity, a sense of “historical homeland”, etc.;
as a result, mutual rights and obligations of the citizen and the state arise.

In legislation and legal literature, along with the term “citizenship”, the term “citizenship” is found (the term “subject” literally means “being subject to tribute”). It is used in a small number of monarchical states as a synonym for citizenship, although most monarchies use the term "citizenship" (in the UK both are used, but for different categories of persons).

Ways to acquire citizenship:

filiation – acquisition of citizenship by birth. There are 2 types of filiation: the “blood principle” and the “soil principle”;
naturalization – admission to citizenship. There are naturalization by law (the legal consequence of adoption, guardianship, recognition of paternity) and naturalization based on the personal choice of a person. The legislation on citizenship establishes a simplified procedure for naturalization for certain categories of persons (for spouses who are citizens of a given state), sometimes provisions on this also reach the constitutional level;
option – choice of citizenship. An option arises in the event of the transfer of part of the territory of one state to another under an international treaty;
restoration of citizenship. It is used in cases of its loss for reasons beyond the will of the person (in the event of deprivation of citizenship under one regime, it may be restored under another).

Ways to lose citizenship:

expatriation – renunciation of citizenship at the citizen’s own request;
denationalization - forced deprivation by the state of citizenship of persons who acquired it by birth;
denaturalization - forced deprivation of citizenship by the state in relation to a naturalized citizen;
option;
recovery.

Dual citizenship

(or dual citizenship) – a citizen has citizenship of two states.

Multinationality:

a general concept for the legal status of having more than one citizenship;
a concept indicating the presence of citizenship of more than two states.

Statelessness

– the person lacks evidence of citizenship of any state.

Stateless persons (stateless persons), as a rule, have equal rights to foreign citizens, however, unlike the latter, in the event of a conflict situation they cannot count on the protection of “their” state. To further protect stateless persons, current legislation generally provides that:

denaturalization cannot be carried out if it would result in statelessness;
children of stateless persons born on the territory of a given country acquire citizenship of that country.

Naturalization

This method is the most natural for a foreigner who wants to obtain citizenship of another country. To naturalize a foreigner in Russia, the following conditions must be met:

obtain a residence permit giving the right to legal residence in the country;
live here for five years, traveling outside the state for no more than three months a year;
comply with the law and not engage in illegal activities;
know Russian;
have an idea of the history of the country and its laws.

Naturalization is the legal process of acquiring citizenship based on the voluntary desire of the citizenship applicant.

If these rules are followed, one can hope that after five years of permanent residence the foreigner will receive Russian citizenship. During this time, in order for the seriousness of intentions to be clear, you need to confirm your financial and social viability, and for this:

confirm the fact that there is a permanent job that generates legal income, i.e. provide a certificate from the place of work;
if there is no work, provide a certificate of availability of bank accounts that contain the money necessary for living in the country;
It would be nice to have real estate in the country, about which you need to provide documents;
confirm your tax solvency and attach a tax payment certificate from the tax authorities to the general folder with papers;
If the applicant has an individual enterprise registered in Russia, it is necessary to submit documents about its activities.

double citizenship

Well, in general, as much evidence as possible about the financial viability of the applicant. The legislation of the Russian Federation allows for dual citizenship, but only with those countries with which there is a corresponding agreement.

Therefore, it is worth making every effort to master the language of your future homeland. In addition, you need to know at least at a primitive level the main points of the history of the state.

Features of accepting citizenship

There are some features of accepting citizenship from different countries for those who have not yet been naturalized:

in former countries of the socialist camp (Hungary, Poland, Romania, etc.) there are quite long periods of permanent stay of up to 12 years;
if you are planning to become a citizen of Belarus, you must definitely renounce Ukrainian citizenship (if you have it), purchase real estate in this country and have a permanent income;
the period of permanent residence giving the right to citizenship in Belarus is 7 years;
in EU countries, the easiest way to naturalize is if you invest a round sum in their economy, for example, in Bulgaria you need to spend 500 thousand euros, in Austria - 2 million euros, and literally in a matter of months you can become a citizen of this country, stepping over the condition of continuous residence;
but in Finland, no matter how much money you invest in the country’s economy, nothing will change, you need to get a job, live in the state for five years, and then submit an application to the president and, perhaps, citizenship will be obtained;
To become a citizen of Canada or Australia, you must have a profession in demand in these countries, or invest well in their economy, but you will still have to maintain a period of continuous residence for four years.

All of the above methods of obtaining citizenship are applicable in different situations. But we must remember that modern law protects human freedom in choosing citizenship.

What is option, filiation, naturalization

Option

A concept denoting the possibility of obtaining citizenship by people who, due to changes in the borders of one state, find themselves on the territory of another country. Changes in borders occurred in accordance with the norms accepted in international law, i.e., through a peace treaty between two states on clarification and change of borders.

With an option, a person has the right to choose: he can remain in the territory that now belongs to another government agency, which means accepting the corresponding citizenship. Or opt for citizenship of the country that transferred the territory.

But in this case, you will have to move within the period specified in the contract.

Reasons for option

In addition to the transfer of land by agreement, from one state to another, there are other reasons why an option procedure may be launched.

The disintegration of the country into several smaller states.
Formation of a new power.

A choice of citizenship given to the population or natives of a territory transferred from one state to another.

An option can also be called the choice of a person with dual citizenship in favor of one passport.

This situation may arise if the state allows its citizens to have dual citizenship, but in fact only fully recognizes its own citizenship.

A person has to bear responsibilities in both powers, then he has to make a choice in favor of one.

To obtain citizenship, you must fill out an application form for obtaining Russian citizenship. Here is a sample filling.

Transfer

The Treaty of Lausanne of 1923 provided for the forced resettlement of Greeks living in Turkey to Greece and the Turkish population of Greece to Turkey;
As a result of the Potsdam Conference of 1945, all Germans living in Poland, Czechoslovakia and Hungary were forcibly resettled in Germany.

Filiation

The definition of filiation assumes the simplest method of acquiring citizenship by birth. Different countries choose between two forms of filiation:

by right of blood, that is, a newborn child acquires citizenship simply because he was born from parents who are citizens of a particular state, regardless of where he was born in his own country or abroad;
jus soli, when a person acquires citizenship of the country in which he was born, regardless of the citizenship of his parents.

In the case where one parent is stateless (stateless person), the other is a citizen of Russia.
If one of the parents is a foreigner, birth on Russian territory becomes decisive.
If the parents of a newborn are unknown, then after 6 months he automatically becomes a citizen of Russia, regardless of skin color and eye shape.

Filiation is the acquisition of citizenship

Naturalization

This method is the most natural for a foreigner who wants to obtain citizenship of another country. To naturalize a foreigner in Russia, the following conditions must be met:

obtain a residence permit giving the right to legal residence in the country;
live here for five years, traveling outside the state for no more than three months a year;
comply with the law and not engage in illegal activities;
know Russian;
have an idea of the history of the country and its laws.

Naturalization is the legal process of acquiring citizenship based on the voluntary desire of the citizenship applicant.

confirm the fact that there is a permanent job that generates legal income, i.e. provide a certificate from the place of work;
if there is no work, provide a certificate of availability of bank accounts that contain the money necessary for living in the country;
It would be nice to have real estate in the country, about which you need to provide documents;
confirm your tax solvency and attach a tax payment certificate from the tax authorities to the general folder with papers;
If the applicant has an individual enterprise registered in Russia, it is necessary to submit documents about its activities.

double citizenship

A prerequisite for naturalization is knowledge of the language of the country where one would like to obtain citizenship.

Therefore, it is worth making every effort to master the language of your future homeland. In addition, you need to know at least at a primitive level the main points of the history of the state.

Features of accepting citizenship

There are some features of accepting citizenship from different countries for those who have not yet been naturalized:

in former countries of the socialist camp (Hungary, Poland, Romania, etc.) there are quite long periods of permanent stay of up to 12 years;
if you are planning to become a citizen of Belarus, you must definitely renounce Ukrainian citizenship (if you have it), purchase real estate in this country and have a permanent income;
the period of permanent residence giving the right to citizenship in Belarus is 7 years;
in EU countries, the easiest way to naturalize is if you invest a round sum in their economy, for example, in Bulgaria you need to spend 500 thousand euros, in Austria - 2 million euros, and literally in a matter of months you can become a citizen of this country, stepping over the condition of continuous residence;
but in Finland, no matter how much money you invest in the country’s economy, nothing will change, you need to get a job, live in the state for five years, and then submit an application to the president and, perhaps, citizenship will be obtained;
To become a citizen of Canada or Australia, you must have a profession in demand in these countries, or invest well in their economy, but you will still have to maintain a period of continuous residence for four years.

All of the above methods of obtaining citizenship are applicable in different situations. But we must remember that modern law protects human freedom in choosing citizenship.

Source: https://VisaSam.ru/russia/poddanstvo/optaciya-filiaciya-naturalizaciya.html

Basic rules for obtaining citizenship by birthright

Will the child automatically receive citizenship? I’ll tell you using the example of Russian legislation. A child automatically receives Russian citizenship if one of the following conditions is met:

Both parents or a single parent are citizens of the Russian Federation, the child’s place of birth does not matter;
One of the parents is a citizen of Russia, and the second is stateless or missing, or no one knows where he is; The place of birth of the child still does not matter;
One of the parents is a citizen of Russia, and the other is a foreigner, the child was born in Russia;
Both parents or a single parent are foreigners or stateless, but live in Russia, provided that the child was born in Russia, and the foreign state, of which his parents are recognized as citizens, does not grant citizenship to the child.

Automatically - this means that you do not need to submit any special application for citizenship if one of the conditions above applies. You can confirm the citizenship of a child under 14 years of age with a regular birth certificate if one of the first three conditions that I wrote about above is met.

A citizenship stamp must be placed on the child's birth certificate. It is placed in the upper left corner if:

the child received citizenship under condition 4;
or one of his parents is a citizen of Russia, and the other is a foreigner, and the child was not born in Russia and did not receive citizenship of the country in which he was born.

To install it, you need to bring:

Original certificate to the territorial body of the Ministry of Internal Affairs.
Documents from the authorized bodies of foreign states stating that there are no grounds on which a child can be granted citizenship of these states by law.

The mark must be placed on the same day.

When do you need to confirm your child’s citizenship? There is no way to protect yourself from the fact that some government agency will ask you to confirm your child’s citizenship.

But be prepared for the fact that citizenship needs to be confirmed when you apply for:

General passport at 14 years old.
International passport for a child under 14 years old.
Maternal capital.

In all these cases, the authorities of the Ministry of Internal Affairs and the Pension Fund of the Russian Federation must arrange a birth certificate without a special mark, which contains information about the parents who are citizens of the Russian Federation or about one parent who is a citizen of the Russian Federation if the second is a foreigner and the child was born in Russia (cases 1-3, which we described above).

And only in cases where citizenship is confirmed by a birth certificate with a mark (case 4, which we described above), the authorities have the right to demand it.

The same rule applies to the requirements of authorities when processing social benefits.

In general, we recommend checking this box immediately after receiving the birth certificate - it’s easy and fairly quick, but it will help avoid future disputes with government agencies.

Will a child born abroad have Russian citizenship? Yes, if one of the following conditions is met:

both parents (or a single parent) are citizens of Russia;
one parent is a citizen of Russia, the second is stateless, or is missing, or no one knows where he is.

Main aspects of obtaining citizenship by birth

The legislation of the Russian Federation, like other countries in the world, contains a fairly formalized procedure for obtaining citizenship. To do this, you must have sufficient grounds, comply with all conditions and collect all documentary evidence of these facts. When planning full integration into Russian society, you should find out in advance how to obtain citizenship so that you can collect the necessary documents from the first days of living in the country.

Obtaining citizenship in almost any country involves compliance with a large number of formalities. They are necessary to ensure that the competent government agencies authorized to apply decisions on granting official status in the country receive sufficient information and reliable information about the level of integration of a person into the society of the country of residence. On the other hand, this documentary evidence helps to simplify the procedure, reduce the period of residence and consideration of the application.

Russian law establishes the grounds for acquiring Russian citizenship. These include:

filiation;
naturalization;
reintegration;
option;
following the citizenship of the parents.

Filiation is the registration of citizenship by descent (by birth from certain parents or in a specific territory). As a rule, the procedure occurs automatically and does not require any activity from individuals. For example, a newborn born from parents who have a Russian passport is considered a citizen of the Russian Federation.

If necessary, this status can be confirmed by contacting the government agency for migration issues. In this case, employees will make a note about the status. However, the absence of such is not perceived as a lack of legal status. It’s just that the child received it automatically in the order of filiation by right of blood - that is, due to origin from citizens of the Russian Federation. There is no obligation to receive such a stamp confirming the legal status of the child.

By way of affiliation, the following have the right to obtain citizenship:

children born to citizens of the Russian Federation, regardless of place of birth;
persons, one of whose parents is a citizen of Russia, the other is stateless;
children, one of whose parents has a Russian passport and the other a foreign one, provided they were born on the territory of the Russian Federation;
born in the Russian Federation from unknown parents, information about whom could not be found, and for six months they did not show up.

We invite you to read: Reasoned decision of the magistrate - advice from lawyers and jurists

Thus, obtaining citizenship by descent requires the presence of kinship with citizen parents and/or birth in a certain territory - the relationship of jus soli and jus sanguinis.

Naturalization is a procedure for obtaining citizenship for foreigners/stateless persons who have no connection with the country, but are integrated into its society. Actually, this procedure is relevant for everyone who is not subject to all other grounds for obtaining citizenship. Naturalization, as a rule, requires compliance with a number of conditions that characterize the individual as a person who has received a sufficient connection with the country and its society.

What are these conditions{q} The principle for almost all countries is long-term residence in the country. This is a guarantee that the person has settled down, acquired social connections, and found a source of livelihood. The deep level of such a connection indicates a sufficient basis for such a foreigner or stateless person to obtain citizenship. The legislation also provides for other conditions, which will be discussed in more detail below.

Reintegration is a way to obtain citizenship for persons who previously had a state passport. That is, if a person was once a citizen of the Russian Federation, but for some reason lost this connection (for example, having accepted a connection with a foreign state). Restoration of citizenship, as a rule, takes place in a simplified manner.

The procedure is very similar to naturalization, since de jure the person is a foreigner or stateless person. Currently not having Russian citizenship. However, the law establishes more flexible deadlines and requirements for the person who filed the application to obtain the status. By the way, for persons undergoing the acquisition of citizenship through restoration, certain requirements are also established - conditions. They are similar to those required for foreigners/stateless persons undergoing naturalization.

Option is the mass acquisition of citizenship of a country by persons living in a certain territory who, due to changes in borders, fell under the jurisdiction of another power. The procedure for obtaining citizenship in this case is very simple and occurs at the request of the person or due to the absence of an application to renounce the new status.

Following the citizenship of parents is a principle that applies to minors and minors. They can obtain citizenship upon the application of their legal representatives, who have received a new status due to one of the grounds described above, usually through naturalization or restoration of legal ties with the country. Upon reaching the age of 14, a person has the right to give consent to change citizenship.

Citizenship by birth and the procedure for its acquisition are established by the constitutional legislation of most countries, including the Russian Federation. And although it is only one of a number of grounds, filiation remains the simplest method of legalization. Who can rightfully apply for Russian citizenship{q}

The main feature of this phenomenon is the acquisition of the status of a citizen without his direct expression of will. In general, there is no special procedure required to declare a desire to become a citizen of the country.

In Russia there is a symbiosis of two principles recognized by international law - blood and soil. The first allows one to rightfully acquire citizenship of the country to which his parents are legally attached. The second recognizes the newborn as a member of the society of the state where he was born. The principles are rarely found in their pure form; usually the acquisition of citizenship is associated with the provisions of both of them.

Blood principle

When obtaining the status of a citizen of the Russian Federation as a result of affiliation, you will need to provide a number of documents. Thus, documentation is required that can confirm the Russian citizenship of the parents. As a rule, a passport, military ID, data from house books, and even certificates from the place of study are used for this.

In the absence of one of the parents, a document is sent that somehow confirms the impossibility of transferring data. The grounds may include a court decision on deprivation of rights to a child, or a death certificate.

When only one of the parents is Russian, and the other is a foreign person, you must bring a certificate of absence of citizenship of a foreign country to the Main Directorate for Migration.

Taken together, these documents in the above cases make it possible to establish the status of the child. As a result, a corresponding stamp appears on the birth certificate. In principle, it in itself already certifies citizenship to the Russian Federation.

If the birth certificate was not received in Russia, the GUVM stamp is affixed to the back of the translation of the document certified by a notary.

When planning full integration into Russian society, you should find out in advance how to obtain citizenship so that you can collect the necessary documents from the first days of living in the country. This approach will help not to miss anything important, especially if a foreigner needs to go through the full lengthy naturalization procedure in the general manner.

Explanation of the key points of the procedure is a significant assistance in obtaining citizenship.

How citizenship is obtained for a baby abroad

After giving birth, do not forget to take a birth certificate or its equivalent from the maternity hospital or other place where you gave birth. With this certificate, you need to contact the equivalent of the Russian registry office in the country where you gave birth and obtain a birth certificate.

To confirm the Russian citizenship of a child born abroad, parents need to contact the consular department of the Russian Embassy.

List of required documents:

The application is in a special form; it must be filled out on the Ministry of Foreign Affairs website, printed and brought with you.
A birth certificate, an extract from the birth certificate or any other document in accordance with the legislation of the country where the child was born. The document must be apostilled and translated; the translation can be certified (usually for money) at the consular department of the Russian Embassy.
Parents' foreign passports.
Marriage certificate (if available).

The list may be supplemented depending on the country of birth of the child. Before going to the consulate, it is better to check the current list on the website of that consulate.

Together with the citizenship document, the Russian consulate in Italy, for example, advises immediately issuing a foreign passport for the child, so as not to come twice.

Methods of acquiring citizenship

This legal status gives the right to freely move and reside in the territory of all member states of the Union, to exercise voting rights in municipal elections of the country where the person lives, in elections to the European Parliament, the right to file petitions to the European Parliament and with complaints to the Ombudsman of the European Parliament. As we can see, the parameters of pan-European citizenship do not entirely coincide with the traditional concept of citizenship as a legal connection of an individual with a specific state.

The fourth way to acquire citizenship is restoration of citizenship (sometimes the term “reintegration” is used - reunification with one’s former state). Unlike naturalization, restoration of citizenship has a simplified procedure for resolving this issue.

Required documents

The specific package of documents may vary significantly depending on the situation.

Let's briefly look at the most common options:

In general cases, when the parents are Russians, it is enough to provide only an application, their passports, the birth certificate itself and the marriage certificate, which will make it possible to issue a mark only with the participation of one parent.
If the child has only one parent, you will also need a document confirming this, for example, a death certificate of the second parent or a certificate from the registry office stating that the parent is registered according to the mother.
When the parents are foreigners, in addition to the application, their passports and the child’s birth certificate, they will need to submit a temporary residence permit or residence permit, as well as a document from foreign migration authorities stating that the parents’ country of origin does not grant citizenship to their child.
If only one of the parents is a foreigner, and the child was born in Russia, a passport of the foreign parent will be required, as well as, possibly, a temporary residence permit or residence permit.

Where to contact

Initially, to obtain a birth certificate, you must contact the local registry office: there, if all the necessary documents are available, state registration of birth will be carried out, after which the parents will receive the appropriate certificate. It is already necessary to go with it to the Main Department of Migration Affairs of the Ministry of Internal Affairs at your place of residence. Usually, if the authenticity of the documents is not in doubt among the migration service employees, the stamp on the birth certificate is affixed on the day of application.

On the Internet you can find information that you can put the required stamp through, which is wrong: this portal does not provide such services.

Similarly, you cannot put a mark on the birth certificate through the MFC.

Acquiring Russian citizenship

We are all accustomed to the fact that children born in Russia receive citizenship automatically. And this is indeed the case: the legal basis for this is laid down in the Russian legislative framework, primarily in May 31, 2002. However, this rule applies only to traditional cases when the child’s parents at the time of his birth are Russians and permanently reside in the territory of the Russian Federation. Practice is filled with a host of other cases that are reflected in domestic legislation.

Thus, whether a child born in Russia will receive citizenship primarily depends on the will of his parents and the passports they have. If foreign parents wish to transfer their citizenship to their child, and the legislation of their country of origin allows this, then they, as his legal representatives, can carry out their plans without any problems. The very fact of having a child in the Russian Federation will not become an obstacle

Therefore, it is a mistake to believe that Russian citizenship is given only by birth on the territory of the state or vice versa. So, if the child’s parents are Russians, they can give him their citizenship abroad.

Methods of acquiring and terminating Russian citizenship.

Purchase methods:

Filiation.

Involves establishing in law the grounds for acquiring citizenship. The expression of any will on the part of the state is not required; in the presence of the circumstances specified in the law, the person becomes a citizen of the Russian Federation.

Naturalization

is referred to in current legislation
as admission to Russian citizenship
in the usual manner. A prerequisite is the decision of a government body, taken on behalf of the Russian Federation, to grant Russian citizenship. There is no obligation of the state to grant a person citizenship even if there are circumstances required by law. State sovereignty presupposes not only the right of the state to allow foreigners to reside on its territory, but also the right of the state to independently decide with whom it is possible to establish citizenship relations.

Option

is a method of both acquiring and losing citizenship, and by its nature is a type of declarative entry into citizenship, as well as restoration of citizenship. The option is carried out not only in accordance with national legislation, but also with an international treaty formalizing the change in the border.

Restoration of citizenship

possible in the presence of a unilateral expression of will of a person who previously held citizenship.

A method that is used, as a rule, in the case of succession and continuity of states, i.e. upon the emergence of a new state (continuator or successor) - recognition of citizenship

(currently not used).

As a procedure for acquiring Russian citizenship, one should consider those conditions that are necessary for applying for citizenship (in case of affiliation and declarative accession) or in applying for admission to citizenship (in case of naturalization). Such conditions include the period of residence in Russia, as well as other circumstances, incl. important for choosing a possible method of acquiring citizenship. The procedure also includes the choice of the body making decisions on the issue of acquiring citizenship, and the procedure for considering issues of citizenship by this body.

Russian citizenship is acquired:

a) by birth;

b) as a result of admission to Russian citizenship;

c) as a result of restoration of Russian citizenship;

d) on other grounds provided for by this Federal Law or an international treaty of the Russian Federation.

There is a blood principle and a soil principle.

The soil principle is used in the USA and Latin American countries. This principle means that any child born on the territory of the state receives citizenship, regardless of the fact who his parents are.

The principle of blood - citizenship is acquired by a child whose parents have the appropriate citizenship. In the Russian Federation, as a rule, the principle of blood is used, but in some cases it is supplemented by the principle of soil, for example, in the case of granting citizenship to a child if his parents are unknown.

Ways to terminate citizenship:

Renunciation of citizenship

presupposes the will of the citizen. This can be a statement of renunciation of citizenship, as well as in cases where the state does not recognize dual citizenship (the principles of Russian citizenship allow it) - naturalization in another state or repudiation (declarative entry into citizenship of another state). Obstacles that may entail refusal by the state must be normative in nature. This must be some kind of unfulfilled obligations or involvement as a defendant in a criminal case. Renunciation of citizenship is not allowed if, as a result, the citizen turns out to be stateless, and in the absence of objections from the state, based on an objective failure to fulfill obligations to the state.

Option

involves the expression of the will of the citizen himself. The current law does not stipulate option under the same conditions as renunciation of citizenship.

Procedure for termination of citizenship,

as well as the acquisition procedure, it consists of the conditions necessary for its termination and the administrative procedure in the authorized bodies.

Grounds for termination of Russian citizenship

Russian citizenship is terminated:

a) due to renunciation of Russian citizenship;

b) on other grounds provided for by this Federal Law or an international treaty of the Russian Federation.