Previously, a similar procedure was carried out in relation to citizens of Moldova. Then, as in the case of Tajik migrants, the Ministry of Internal Affairs of the Russian Federation, whose forces are carrying out the amnesty, did not make any official announcements.
The reasons for this decision are not reported. The amnesty itself in relation to Tajik migrants, according to sources, was announced by an internal order of the Ministry of Internal Affairs.
“In fact, this is all, of course, the result of a meeting between the presidents of Tajikistan and Russia in Dushanbe, which took place at the end of February,” a source familiar with the situation told the Internet portal “”.
During this grace period, police officers of the Ministry of Internal Affairs are ordered not to bring to administrative responsibility citizens of Tajikistan who are on the territory of the Russian Federation in violation of the stay regime.
Legalization of violators on the territory of the Russian Federation
The announced amnesty provides an opportunity for citizens of Tajikistan who are in Russia illegally (that is, they have exceeded the three-month period of stay in the country without legal grounds) to undergo the legalization procedure. This means receiving a new (clean) migration card, with which you can register for migration and, for example, apply for a patent. The amnesty is not unlimited and runs from March 25 to April 24
inclusive.
“The period by which a citizen of the Republic of Tajikistan exceeded his stay in the Russian Federation does not matter. The main thing is that he contact the migration department of the Main Directorate of the Ministry of Internal Affairs in his area. Many people are in the shadows because of this problem, and the whole point of this action is so that they can come out of the shadows and become legal within a month,” says the source.
Moreover, if a person has exceeded his period of stay and he decides to leave before April 24, then he first needs to be legalized, since otherwise, if he leaves without taking advantage of the amnesty, he will not be able to return back, since the system will automatically ban him from entry.
“After legalization, the previous period during which a citizen of Tajikistan was in the Russian Federation illegally is completely reset, he starts all over from scratch. He is given a migration card to register. That is, if a person came to this window at his place of residence even on April 23 and registered, then he can then receive a patent,” the interlocutor said.
A citizen of the Republic of Tajikistan needs to contact the territorial body of the Main Directorate for Migration Issues (GUVM) of the Ministry of Internal Affairs of Russia of his district (at his place of residence), where he will be given an application form, after filling out and submitting which he will be issued a new migration card, which will give him the opportunity to stay in the Russian Federation for 90 days.
“A citizen can go to the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs at the place of residence. The main thing is that he has in his hands a document proving his identity, that is, a foreign passport that has not yet expired. And there he fills out the application form and submits it to the department along with his passport, and they fill out a new migration card for him. He, of course, waits for some time until all this is formalized, because, naturally, the Ministry of Internal Affairs must also check this person through its own channels to see if he is wanted and so on,” the source said.
Moreover, if a foreign citizen already has an expired migration card, then he will not be held administratively liable and the punishment of deportation will not be applied.
In case of loss/absence of a migration card, a citizen will be issued a duplicate of it (if necessary, also with an extension of the period of temporary stay in the Russian Federation).
Lift the entry ban
An equally important point of the announced amnesty was the possibility of lifting the entry ban in relation to certain categories of citizens of Tajikistan included in this list. The opening of entry does not depend on the period for which the Tajik migrant is prohibited from entering, but depends on the offenses committed.
The entry ban is lifted for those citizens of Tajikistan who were previously prohibited from entering Russia for repeated administrative violations (two or more times) for three years (clause 4 of Article 26 of the Federal Law “On the procedure for leaving the Russian Federation and entering the Russian Federation”), as well as for those who did not leave the country within 30 days from the date of expiration of their temporary stay in the Russian Federation (clause 8 of the same law).
The amnesty does not apply to citizens of the Republic of Tajikistan who were banned from entering the Russian Federation for other offenses.
“It is very important to convey to our citizens that no one (meaning intermediaries) will be able to lift the entry ban, if one is imposed. Entry has already been automatically opened for all non-entrants who could have been covered by the amnesty. The amnesty does not apply to other categories of citizens - persons who have committed serious crimes, that is, a criminal offense, or malicious administrative offenders, and they will have to wait until the end of the period for which they are prohibited from entering the Russian Federation,” the interlocutor explained.
Another important point is that if a foreigner’s entry into Russia was prohibited by a court decision, then regardless of the articles that he violated (even if they are included in the list of amnesties), entry cannot be granted to him.
“Here you need to understand that this amnesty does not apply to people who were expelled by a court decision for some administrative violation,” the interlocutor said.
In each district department of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of the Russian Federation, according to the interlocutor, there is a special window that deals only with amnesty issues for citizens of Tajikistan. But here, according to him, the main thing is not to make a mistake and not to go to the OMIA (branch of the Ministry of Internal Affairs), where they may not be aware of the announced amnesty, but to go specifically to the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs (in Moscow, for example, they are located in multifunctional buildings).
Citizens of Tajikistan have already begun to apply for legalization. In particular, people are now applying for amnesty in Moscow and the Moscow region. No problems have been noticed so far, but some citizens complain that police officers are not aware of the announced action, but this is in the case if the foreign citizen visited the Department of Internal Affairs, and not the department of the Main Department of Internal Affairs of the Ministry of Internal Affairs. If any problems arise, please contact the employees who are in constant contact with the regional migration authorities (contacts below).
Those who are in Tajikistan can contact the representative offices of the Ministry of Labor, Migration and Employment of the Republic of Tajikistan in their cities, but it is best to check whether entry into the Russian Federation is open or closed for a particular citizen on the website of the Ministry of Internal Affairs of Russia.
Contacts for help
In case of difficulties and misunderstanding, citizens of Tajikistan can contact the migration office of the Ministry of Labor, Migration and Employment of the Republic of Tajikistan in the Russian Federation at the following telephone numbers.
Migration amnesty for citizens of Tajikistan
between
March 25, 2021 and April 24, 2021.
The migration amnesty
for citizens of MOLDOVA
is valid until
May 12, 2021.
1.
No Federal Law or Decree of the Government of the Russian Federation has been adopted on this issue; there is an internal Order of the Ministry of Internal Affairs of the Russian Federation, which is not publicly available, since this order is for official use.
2.
I remind you that the migration amnesty for citizens of Tajikistan is valid from March 25 to April 24, for Moldova until May 12, 2017. During this month, Tajik and Moldovan migrants in Russia can legalize their stay on Russian territory.
3.
The press service of the representative office of the Ministry of Labor, Migration and Employment of the Population of the Republic of Tajikistan in the Russian Federation on migration is distributing a memo that is on their website, the memo states that during this period not a single citizen of the Republic of Tajikistan will be brought to administrative responsibility for violating the requirements of the rules of residence and labor activity.
During this month, citizens of the Republic of Tajikistan will not be held administratively liable for violating the requirements of the migration legislation of the Russian Federation, if this administrative punishment may entail administrative deportation from the Russian Federation.
4.
Who does the amnesty apply to?
A)
For those citizens of Tajikistan and Moldova who are currently in the Russian Federation and whose temporary stay period has expired.
Their temporary stay period will be extended by 90 days. b)
Those citizens of Tajikistan and Moldova who were previously prohibited from entering the Russian Federation under paragraphs. 4 tbsp. 26 of Law No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation”, that is, for repeated (two or more times) within three years bringing to administrative responsibility in accordance with the legislation of the Russian Federation for committing an administrative offense on the territory of the Russian Federation . Such categories of citizens will be banned from entering the Russian Federation.
V)
Those citizens of Tajikistan and Moldova who were previously prohibited from entering the Russian Federation under paragraph 8 of Art. 26 of Law No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation”, that is, for the fact that during the period of their previous stay in the Russian Federation they did not leave the Russian Federation before the expiration of thirty days from the date of expiration of the temporary stay. Such categories of citizens will also be banned from entering the Russian Federation.
5.
Who does the amnesty NOT apply to?
A)
Those who have been banned from entering the Russian Federation under paragraphs 1, 2 and 9 of Art. 26 of Law No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation”;
b)
Those who have been banned from entering the Russian Federation for gross or repeated migration violations under Art. 27 of Law No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation”;
V)
Those who have previously been expelled, deported and readmitted from the Russian Federation, as well as those who are in SUVSIG;
d)
Those who have received undesirable stay through the Ministry of Justice of the Russian Federation, Rospotrebnadzor, Ministry of Internal Affairs, FSB, etc.
6.
What to do if you are in Russia and your temporary stay has expired? You must contact the territorial department of the Ministry of Internal Affairs for migration issues with a valid passport, go through the dactyloscopy procedure (give fingerprints) and have your photo taken. If the inspector tells you “no”, then go to management, since these issues are mostly decided by management.
A citizen of Tajikistan and Moldova will have their migration card stamped to extend their temporary stay by 90 days (even if the migration card is from 2013).
Then, within 15 days, you will need to come to the territorial unit of the Main Migration Department of the Ministry of Internal Affairs (formerly the Federal Migration Service), write an application to extend the period of temporary stay and register with the migration authorities. An application form for extension of temporary stay is attached.
A citizen of the Republic of Tajikistan and Moldova is exempt from registration at the place of stay for 15 days, but in the next 7 days. days to register for migration is required. In practice, the sooner you register at your place of residence, the faster you can submit documents for a patent.
When citizens of the Republic of Tajikistan and Moldova, including those staying on the territory of the Russian Federation exceeding the period established by current legislation, apply to the police departments, a public service will be provided to extend the period of temporary stay in the territory of the Russian Federation by 90 days from the date of filing the application by putting the appropriate mark in the migration document. map and renewal of migration registration at the place of temporary stay.
If a migration card is lost, a duplicate will be issued, if necessary, with an extension of the period of temporary stay in the Russian Federation.
Completing the above actions will allow you to stay in the Russian Federation for 90 days.
Will give you the right to apply for a patent (within the first 30 days), apply for a temporary residence permit quota, etc. 7.
What to do if a citizen of Tajikistan and Moldova is in Russia and has a ban on entry into the Russian Federation under paragraphs. 4 or 8 tbsp. 26 of Law No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation”?
It is necessary to submit an application to the territorial divisions of the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad Region and wait for an official response. Foreign citizens will not be provided with notifications about the lifting of the ban; information must be obtained independently.
The lifting of bans will be carried out according to preliminary lists, after additional verification of the foreign citizen. If the name is on the list, but the foreign citizen committed new violations after the ban, the ban WILL NOT be lifted. Next, the data of those whose entry ban into the Russian Federation will be lifted will be transferred to the Russian Border Service to lift the ban from the base.
After receiving an official response about the lifting of the ban, it will be possible to extend the period of temporary stay.
8.
What to do if a citizen of Tajikistan and Moldova is outside Russia and this citizen of Tajikistan has an entry ban under paragraphs 4 or 8 of Art. 26 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation”?
You must submit an application to the territorial divisions of the Main Directorate of Migration Affairs of the Ministry of Internal Affairs of Russia through the website or through representatives and wait until the entry ban is lifted.
Russia has met half-way for migrants from Tajikistan - hurry up to receive amnesty! Contact our specialists
, and they
documents
for you the shortest possible time and take complete control of the affairs.
In unison with the weather, a thaw occurred in relation to Tajikistan and Russia. State leaders agreed on an amnesty for Tajik migrants. For those who work and arrive on the territory of the Russian Federation, an amnesty comes and, by contacting the nearest police station, migrants can legalize their status. Even those who have been brought to administrative responsibility two or more times can count on amnesty.
The period during which you can legalize your stay is from March 25 to April 24. This information was voiced by Alexander Kalinin.
In order to receive an amnesty, you must contact the nearest department of the Ministry of Internal Affairs, where your fingerprints will be taken. Next, the citizen of Tajikistan goes to the Federal Migration Service along with his national passport. The migration authority will extend the period of stay, employees will affix stamps or issue a new migration card. Within fifteen days, a migrant must obtain registration or within thirty - a work patent. Otherwise, after 90 days he must leave the Russian Federation. According to official data, in Moscow alone there are about 70 thousand potential violators who are facing deportation. But we note that these are official statistics on violators; there are also those who did not come to the attention of the Ministry of Internal Affairs and the Federal Migration Service.
The amnesty will affect those who are on the territory of Tajikistan, those who are prohibited from entering the territory of the Russian Federation. But in this case, information about this category of amnestied persons must be transmitted to the border, which will take some time. So far there is no data on this group of Tajiks.
Don't miss the opportunity to live and work legally!
Tajikistan is a poor state, where there is practically no opportunity to earn money. To be able to help those who remained in their homeland for more than one year, legalize your status. Migration laws are very strict, and liability for violation is high, so do not miss the opportunity to be a full-fledged participant in Russian society.
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Most foreign citizens seek to enter the Russian Federation to find employment at one of its enterprises. Citizens arriving from Tajikistan are not an exception.
The phenomenon is directly related to unemployment and problems related to resolving financial issues to meet life needs.
The authorities are carrying out the migration amnesty quietly
First Deputy Minister Alexander Gorovoy (right) in the Ministry of Internal Affairs is responsible for public safety. Photo from the website www.mvd.rf
President Vladimir Putin extended the stay of foreigners in Russia until September 15. They were given three months to legalize their legal status without falling under sanctions. Meanwhile, as NG learned, the leadership of the Ministry of Internal Affairs sent a letter to the regions, essentially providing for a broad amnesty for migrants. As planned, millions of illegal immigrants could emerge from the shadows by officially receiving migration cards. However, experts noted, locally this order from above is usually ignored.
With a new decree, the president allowed foreigners with expiring periods of temporary stay or permanent residence to remain in Russia until September 15. That is, they will not be expelled from the country, or decisions will be made on them that their stay is undesirable.
Previously issued visas, certificates of participants in the state resettlement program, etc. will not be canceled. All these documents can be updated without leaving the Russian Federation. At the same time, migrant workers will be required to reissue and pay for work patents, and employers will be required to formalize them. All these relaxations are related to the coronavirus epidemic.
As Galina Ragozina, an expert at the Forum of Resettlement Organizations, explained to NG, the decree thus implies a certain transition period until the fall. This is precisely what human rights activists insisted on. The fact is that since the end of May, confusion arose: visitors began rushing to the migration authorities to renew various documents. There, migrants were often refused admission, and if they changed their documents, they set a deadline of June 15. It also happened that in some regions of the Russian Federation, guest workers were told: an extension would be given only to those who have a legal basis for it, and the rest, they say, should not be in the country at all after the 15th. So, Ragozina noted, with the advent of the next decree, visitors “breathed a sigh of relief.”
She noted an important change in it: now a labor patent can be issued regardless of the original purpose of coming to the Russian Federation. Previously, many foreigners ended up here on a private visa, which means they did not officially have the right to find work. Ragozina considers the innovation a mini-amnesty: “This is a serious progress; there is hope that a large number of people will still be legalized.” True, the presidential decree still does not clarify whether the authorities will allow those who were in the “gray zone” long before the epidemic to legalize.
The extension of permits until September 15 does not mean that you do not need to come for them until this date, Deputy Director of the Institute of CIS Countries Alexandra Dokuchaeva told NG. According to her, the three-month period “is given to ensure that foreigners with valid documents obtain the status that they need.” As for patents that can be issued regardless of the specified purpose of entry, Dokuchaeva recalled that human rights activists have long been saying that it is necessary to “allow people who have already entered the country to change the purpose of their entry depending on the circumstances.”
However, Dokuchaeva noted with regret that the actions of migration structures on the ground today are not uniform and consistent. So, apparently, the new decree will require additional clarification, as was the case with the previous one, in order to avoid incorrect and ambiguous interpretations, and most importantly, illegal demands on visitors. At the same time, she confirmed that the decree solves the problems of those whose documents were due to expire in mid-March. But there are many foreigners in the Russian Federation who found themselves in an illegal situation long before the coronavirus. The authorities have already begun to solve this problem, but so far only on paper. For example, the mass legalization of such people is mentioned in a letter from the first deputy head of the Ministry of Internal Affairs, Alexander Gorovoy, dated March 19. It indicates the need to issue migration cards to those visitors who do not have them, thereby registering them. No statute of limitations is specified in the document, so, in theory, its effect extends to those who have long crossed the border of Russia and then found themselves illegal. Moreover, the letter further clarifies: when violators are identified, “conduct explanatory work with them about the need to regulate their legal situation.”
It can be assumed, Dokuchaeva believes, that we are talking about the actual implementation of a broad migration amnesty. And according to her calculations, there may be millions of people who violated the established stay order. “This is an absolutely correct measure: the more migrants come out of the shadows, the fewer uncontrolled sources of infection there will be. Moreover, when registering, everyone will be checked for diseases, provided with medical care, and subjected to fingerprinting,” she noted. The problem, however, is that in most cases Gorovoy’s instructions are not followed in the regions. Officials come up with their own requirements: for example, the issuance or extension of a migration card, provided that the person entered the Russian Federation only in 2021, which does not comply with instructions from above. The whole point, Dokuchaeva noted, is that local migration officials report not so much to the headquarters in Moscow as to the heads of their police departments.
Alexander Brod, a member of the Presidential Council for Human Rights, believes that the new presidential decree is “a forced and logical measure.” However, this is a correction of the form, which “does not concern the substantive side of the problem.” “In just one day, three alarming incidents became known: riots of migrants in the special detention center of the Sormovsky district and at a temporary accommodation center in Dagestan and a mass brawl on the outskirts of Yekaterinburg. Foreign citizens have been staying in the TsVSIG for several months, their number is increasing, and the conditions leave much to be desired,” the expert recalled. Attempts by the authorities of their countries to facilitate the sending of those wishing to their homeland, Brod emphasized, are episodic in nature.
During the most difficult period (April-May), migration issues were completely ignored by the executive branch of the Russian Federation. “I mean the issues of adaptation, medical control, redistribution of labor flows. The Ministry of Internal Affairs assures us that there has been no outbreak of crimes committed by migrants, but media monitoring suggests the opposite. Some NGOs and national communities delivered meals to save migrants from starvation, but local officials simply turned away from these problems,” Brod told NG. And although the Ministry of Internal Affairs recently announced a plan to update migration policy, it is still unclear “when this plan will be approved and implemented and why only the Ministry of Internal Affairs is dealing with this topic without the Ministry of Economic Development, the Ministry of Labor, and other relevant departments.”
General concepts
In fact, an amnesty for Tajiks is an excellent opportunity to legalize their legal status, which allows them to legally stay on the territory of the Russian Federation. In addition, they can take advantage of the lifting of the ban that prevents them from entering the country. But the amnesty is not available to everyone, but only to a certain category of Tajik citizens who meet certain criteria.
Legal basis
The regulations of Chapter 26 of the Federal Law “On the Procedure for Exit and Entry into the Russian Federation” regulate issues regarding the preparation and issuance of documents allowing foreign citizens and stateless persons to enter the territory of the Russian Federation, move freely within it and leave it after some time. The act was issued by the legislator under number 114-FZ.
It notes that a citizen of a foreign state can cross the Russian border with valid documents identifying him. But he must indicate the period of stay in the country in accordance with the requirements of international law.
Essentially, a “visa” is an official permit that allows any foreign citizen to enter another state legally. Its form, procedure and conditions for registration, issuance and cancellation are established by the Government of the Russian Federation in accordance with the norms of Federal Act No. 114-FZ. In addition, they provide for measures to extend its validity and restore it if it is lost for any reason.
The visa contains the following information about the foreign citizen regarding:
- personal data;
- citizenship;
- residence permit;
- dates of birth;
- gender;
- series and number of an identity document recognized in the Russian Federation with a photograph;
- visa issue dates;
- permitted period of stay in the country;
- visa validity period;
- purpose of the trip.
A visa is issued on a paid basis, for which a foreign citizen must pay a consular fee and a payment that reimburses actual expenses. Their size is established in accordance with the standards of current legislative acts of the Russian Federation.
Federal Law “On Citizenship of the Russian Federation”
The current citizenship law in the Russian Federation provides for the right of the head of state to determine, for humanitarian purposes, the category of citizens who can apply for Russian citizenship.
In addition, the law regulates a simplified procedure for obtaining Russian citizenship by certain categories of citizens who have been staying in the state for an extended period of time without having a regulated legal status.
“This category of citizens cannot be brought to administrative responsibility for violating the rules of entry into the Russian Federation, the regime of stay (residence), illegal work activities or violation of immigration rules, if such violations were revealed in connection with the filing of an application by these persons for recognition as citizens of the Russian Federation , on admission to Russian citizenship,” summed up the press center of the Ministry of Internal Affairs.
The law, which provides for the issuance of temporary identity cards for a 10-year period to stateless persons residing on the territory of the Russian Federation, is also intended to regulate the legal status. The document will come into force on August 24, 2021.
Application of a ban on entry into the Russian Federation
The legislator introduced a procedure for closing entry in order to regulate legal relations in the field of migration of the population of neighboring countries to the Russian Federation.
It is a new legal instrument that allows the state migration policy to be carried out at the proper level. Its main goal is to improve the regulatory framework in order to properly implement the tasks of combating illegal migration.
Reasons for applying the procedure
The list of government bodies authorized to make decisions on imposing a ban on the entry of foreign citizens into the Russian Federation was approved by a resolution of the Government of the Russian Federation. The act “On the procedure for making a decision on not allowing a foreign citizen or stateless person to enter the Russian Federation” was issued by him on January 14, 2015, number 12.
His instructions are focused on improvement:
- legal regulation of combating illegal migration;
- rules on the extent of liability of foreign citizens for violation of the period of stay, rules of stay and residence on the territory of the Russian state;
- systems of state control over the behavior of foreign citizens who are in the country.
Who does it apply to?
In accordance with the norms of legislative acts, an entry ban is imposed for various reasons. Their expanded list is laid down in the regulations of Federal Law No. 114-FZ, Government Resolution No. 12. They provide for the procedure for applying the measure and explain the rules for lifting the ban.
Citizens of foreign countries are deprived of entry rights if they:
- violated the period of stay on the territory of the Russian Federation. The duration of the enforcement period is 3 years
if a citizen of another state stayed illegally in the country from one day to 90 calendar days.
In case of illegal stay for up to six months, the ban period is increased to 5 years
; if it reaches 270 days, the right to enter is deprived for 10 years; - were late in making the mandatory payment for receipt or paid tax using incorrect details. As practice shows, this type of offense is the most common;
- were subject to administrative sanctions more than 2 times for committing offenses, regardless of their severity. For example, they did not register temporarily at their place of residence in a timely manner. The possibility of imposing a ban on entry for drinking alcoholic beverages or smoking in public places or violating traffic rules cannot be ruled out;
- conveyed false information about themselves or the goals and objectives due to which a foreign citizen seeks to enter the territory of the Russian state;
- violated customs or sanitary rules when crossing the border of the Russian state.
As the grounds for deprivation of the right to enter are eliminated, the foreign citizen will be allowed to enter the country without any restrictions.
In some cases, he is allowed to visit her after the expiration of the ban established by the legislator. The standard is intended to be applied if a citizen of another state has committed a criminal act on the territory of his country or the Russian state.
In addition, he is deprived of the right to enter if he presents an incomplete package of documents required for a visa or submits false documents to the consulate. For example, documents of third parties that he deliberately used.
Amnesty for illegal immigrants will begin with compatriots
In the coming year, foreign citizens, whom Russian legislation defines as compatriots, will face a number of relaxations. Up to an amnesty for those of them who live in Russia illegally.
As Aslambek Paskachev, chairman of the commission on migration issues of the Presidential Council on Interethnic Relations, told Izvestia, the issues of amnesty for illegal migrants were discussed last week at a joint meeting of the council and the relevant departments - the Ministry of Internal Affairs, the FADN and the Ministry of Labor.
It was discussed, in particular, that first of all, compatriots, as well as people who were born on Russian territory, work here and pay taxes, should be eligible for amnesty. These proposals are currently being studied by departments.
According to Russian law, compatriots are considered to be people “who, as a rule, belong to the peoples historically living on the territory of the Russian Federation, as well as those who have made a free choice in favor of spiritual, cultural and legal ties with the Russian Federation, persons whose relatives in the direct ascending line previously lived on the territory of the Russian Federation." Among them are citizens of former USSR republics.
As Izvestia previously reported, last year Aslambek Paskachev proposed to the President of the Russian Federation to grant an amnesty to foreign citizens who violated migration laws and are in Russia illegally. According to the chairman of the HRC migration commission under the President, Yevgeny Bobrov, the Russian authorities are not currently considering this issue. But regarding our compatriots, the presidential administration is working on a set of measures, some of which are already in effect.
For example, on January 9, a law came into force according to which in Moscow, St. Petersburg, the Moscow and Leningrad regions, courts can impose a fine on foreigners for violations without deportation, and only if the foreign citizen repeats the violation within a year, the foreign citizen must be deported. Previously, there was no alternative to expulsion.
“This is the first step,” said Evgeny Bobrov. — In the future, the lists of those banned from entry will be revised. According to the current rules, if a person violates traffic rules twice, he is expelled for this and denied entry - even if he has paid the fines. This procedure will be changed, and amendments will be made to the entry and exit rules. But they will act only in relation to compatriots.
In the near future, the easing of the migration regime will affect people with Ukrainian citizenship who came to Russia after the outbreak of hostilities in the Donbass. It is planned to simplify the procedure for obtaining Russian citizenship for them. If now they must bring a certificate of termination of Ukrainian citizenship, then according to the new rules it will be sufficient to notify that the application for termination of citizenship has been sent to the embassy. The corresponding decisions will be made within a month, said Evgeny Bobrov.
“We are also considering the issue of simplifying the procedure for obtaining a residence permit and Russian citizenship for compatriots,” said the chairman of the commission. — Students of universities and secondary specialized educational institutions, according to current rules, must live in Russia for three years after receiving their diploma before they can apply for Russian citizenship. According to the new rules, this three-year period will be counted either from the first year of study or from the moment they are employed.
In addition, those foreign citizens who have a spouse or children with Russian citizenship will be protected from deportation for minor violations - according to the new rules, this will be possible only for a gross violation or for several minor ones, for which administrative arrest is provided.
“We need to ensure that we do not have illegal immigrants among our compatriots who, due to the imperfection of our legislation and their own ignorance and sluggishness, were unable to legalize in time,” concluded Evgeniy Bobrov.
Director of the Independent Institute of Family and Demography Igor Beloborodov called the decisions to ease restrictions for compatriots correct, but belated.
“I don’t understand at all how the migration regime and sanctions for violating migration legislation can be used in relation to compatriots who came from Kazakhstan and Ukraine,” the demographer told Izvestia. — People came to their homeland. They fled from war, from devastation, from hard life, and in the end they came, it would seem, to their own land, but they were not accepted. Of course, an amnesty is needed, but it’s bad that there is a reason to grant amnesty to someone. What is needed is not one-time actions, but a permanent norm.
He noted that many developed countries have successful repatriation programs. It is widely known about the support Israeli authorities provide to compatriots around the world. But some post-Soviet states also have similar experience. For example, Kazakhstan managed to attract about a million oralmans - ethnic Kazakhs living outside the republic.
“It got to the point that the repatriation program allowed the import of livestock - even this was paid for,” said Igor Beloborodov. — Many states have already developed everything. We just need to arm ourselves with the rich tools that now exist. And we, having the second largest foreign community (after China), unfortunately, behave very unworthily.
Igor Beloborodov noted that the current law contains too vague a definition, and programs to support compatriots may include people who have virtually no relationship with Russia, but who wish to move here to live and transport their relatives. According to the scientist, the criteria for identifying compatriots should be clearer.
Latest news about amnesty for citizens of Tajikistan in 2019
Persons who have lost the right to stay in the country are included in the so-called “black list”, which is subject to preservation by the Federal Migration Service. As a rule, foreign citizens are expelled from the Russian Federation on the basis of Article 26 of the above-mentioned act. They are subject to deportation for committing offenses directly related to the rules of stay in the country.
What it is
The term "amnesty" refers to a measure applied to persons who have committed offenses. Its essence lies in complete or partial exemption from the measure of influence applied to them, its mitigation.
The procedure for its announcement is fixed by regulatory and by-laws, so it has a dual nature. On the one hand, it has a state legal basis, on the other, a criminal legal basis. According to generally accepted rules, it is declared by the highest state legislative body during the adoption of a law or other type of act.
Who did she touch?
The legislator announced the terms of the migration amnesty provided for citizens of the Republic of Tajikistan. It was carried out for exactly one month from April 24 of this year to March 24.
Basically, the amnesty affected persons who were prohibited from entering the territory of the Russian state in accordance with the provisions of Article 26 of the Federal Law.
These include citizens:
- violated the regime of stay by not leaving the country after the expiration of the temporary stay for 30 days
; - brought to sanctions during their previous stay in the country because they committed two offenses within 3 years.
The above-mentioned persons have the opportunity to obtain permission to stay on the territory of the Russian state for 90 calendar days and register with migration authorities. In addition, they can apply for forgiveness for the provision of a temporary residence quota, that is, a temporary residence permit.
During the amnesty period, the measure of bringing to administrative liability is excluded. As a rule, it is applied for violation of the requirements for the rules of residence and work.
Where to go
The new migration card is issued by the Main Directorate for Migration Issues, which is subordinate to the Ministry of Internal Affairs of the Russian Federation. The same applies to affixing a stamp on the extension of the period of stay on the territory of the Russian state.
Tajik citizens must contact any department of the Federal Migration Service with an application if they are currently in the country.
It must contain a request for the application of a migration amnesty, indicating the reason for which the ban on entry into Russia was imposed. In accordance with the approved standards, its unified form is issued to the applicant at the place of application without any restrictions.
In addition, Tajiks must undergo a fingerprinting procedure, which involves submitting fingerprints for personal identification. Citizens can submit a forgiveness to the representative office of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation, located on the territory of Tajikistan, if they are located within the republic.
The measure applies to persons who failed to obtain a work permit in a timely manner or who failed to pay a fine for late registration.
The possibility of obtaining permits on the official website of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs, posted on the Internet, cannot be ruled out.
“Bridges of Help”: how the immigration amnesty works in Russia
The start of two projects for 2021 - the migration amnesty of compatriots and the “Right to the Homeland” project, which was launched by the Forum of Resettlement Organizations, was given by the scientific conference “Immigration amnesty as a mechanism for solving Russia’s demographic problems.” It was first conducted by the Institute of Demographic Research (IDR) of the Russian Academy of Sciences, created in 2021.
The new project to help compatriots “Right to the Motherland” is a program branched across regions of the country to protect the rights and freedoms of compatriots who have migrated who have returned or are returning to Russia for permanent residence. Its peculiarity and risk is that if the previous projects of the Forum of Migrant Organizations - “The Experience of Experienced”, “Give the IDP Not a Fish, but a Fishing Rod”, “In Defense of Those Who Have Come in Large Numbers” and “Gathering the People” - were in the nature of direct assistance to immigrants, then the new type protection significantly expands working methods. Now this will be consultations and legal support provided through the Migrant.ru website. The new online assistance mechanism was built with the assistance of the Main Directorate (GU) of the Ministry of Internal Affairs of the Russian Federation for Migration and the Human Rights Council under the President of Russia (HRC).
– Video help bridge works like this:
– explains
Alexandra Dokuchaeva
deputy
director of the Institute of CIS Countries, expert of the “Right to the Homeland” project , “
we, the project participants, send the head of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for Migration, Valentina Kazakova, stories of migrants who find themselves in difficult life situations.
She contacts the regional departments of a particular district, where people in need of urgent assistance are invited. There is a kind of personal reception by the head of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for Migration, Valentina Kazakova, of migrants who are thousands of kilometers from Moscow, this is the strength and novelty of the project. The main regions of the “Right to the Homeland” project are Amur, Voronezh, Kaluga, Moscow, Novosibirsk, Omsk, Sverdlovsk regions, as well as Moscow, Primorsky and Khabarovsk territories. These are the most popular places of resettlement, where future new settlers are often not allowed in or such a system of bureaucratic “slingshots” is built that entry becomes almost impossible.
The Forum started providing legal assistance after the liberalization of the migration law, when Moscow simplified the rules for obtaining Russian citizenship, and in the regions a free “interpretation” of the law began, often not in favor of those moving. A scientific conference at the Institute of Demographic Problems of the Russian Academy of Sciences, together with the Forum of Migrant Organizations, thus tried to explain the main provisions of the legislation on obtaining Russian citizenship and explain why a legal migration amnesty is needed.
The amnesty includes four areas of changing the law - simplifying the provision of Russian citizenship for native speakers of the Russian language; rehabilitation of those whose Russian passports were confiscated for various reasons; the right to grant citizenship based on the presence of relatives living in Russia, and giving the law repatriation rights. The latter - still a conditional and declared right to repatriation - gives the right to return to all compatriots without exception.
– The beginning of liberalization of the migration law,
- says
Sergei Ryazantsev
, -
recognition of the fact that migration has become a “cushion” of national security.
From 1992 to 2021, it compensated for three-quarters or 75 percent of the ongoing population decline. Therefore, making the law more friendly towards migrants in the context of continuing natural population decline is
a real “alternate airfield” for the growth of the nation.
According to the IDI RAS, the migration resource is also valuable because the independent resettlement of compatriots from 1992 to 2021 gave more than 10 million more Russians, and the “Compatriots” program – another 830 thousand. At the same time, demographers believe, as before, the factors of foreign students and labor migrants are still poorly used. This happens because the concept of migration policy is that migration is an auxiliary factor of demography, which is something that scientists from the IDI RAS and experts from the Forum of Migration Organizations do not agree with. They propose to revise Rosstat standards, according to which the compensating role of migration is 300 thousand per year. Experts suggest doubling it.
– Population decline will last until 2033-35,
– predicts leading researcher at the Institute of Demographic Problems of the Russian Academy of Sciences
Anatoly Topilin.
–
The best year in this sense was 2010, when the law made it possible to legalize a million migrants at once.
The pandemic has reduced the number of people wishing to move to us by half. In this situation, the negative attrition will be mitigated by liberalization and legal regulation of the status of migrants. Simplification of the rules for granting Russian citizenship simultaneously expanded the number of regions that take part in the Compatriots program. Now, under a preferential program, using government assistance, you can move to 80 regions of the country. In addition, those regions and territories of Russia that do not participate in the Compatriots program, in accordance with the simplification of the rules for granting Russian citizenship to compatriots, are softening local requirements for migrants.
But the “Right to the Homeland” project was designed to provide legal assistance to displaced people in accordance with changing legislation. Human rights activists from “Right to the Homeland” select the most typical situations for video bridges with the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation, so that the solutions found have a multiplying effect. The main topics of six planned video bridges in different federal districts are how a migrant can competently refuse fictitious registration, how to avoid deportation and entry bans, how to resist the confiscation of Russian passports, and how not to fall into a new trap of corruption - paid testing for coronavirus.
– I agree with the main message of the project - it is reasonable to declare that we are gathering Russians in Russia and inviting respectable people of different nationalities to come to us
, says
Sergei Ryazantsev
.
– But it implements such a policy of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation on migration, where the aspect of control and monitoring dominates.
The Forum of Resettlement Organizations offers a humanitarian connection between the state, displaced persons and society. It is expected that the legal assistance project “Right to the Homeland” will work with all methods of admission to citizenship - general, simplified and special. At the same time, video bridges are one of the types of assistance to immigrants. Direct support for displaced people will continue - at least 2,500 people will receive consultations in various forms - in person, online or by phone, at least 10,000 people - on social networks, more than 400 displaced people are already receiving direct assistance in preparing packages of documents. A special concern is legal assistance to migrants who have been living in Russia for a long time, but who have become illegal immigrants involuntarily. Six video bridges and several legal consultations are planned for their protection.
