Repatriates

By Decree of the President of the Russian Federation No. 872 of 22.11.2023, amendments were made to the State Program to Assist the Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad, introducing a new concept: “repatriate.”

According to the basic concepts of the State Program, a repatriate is a compatriot who has expressed a desire to participate in the State Program in accordance with the procedure established by Section VII(1) of the State Program, from among:

• citizens of the Russian Federation who permanently resided outside its territory as of February 24, 2022;
• persons whose withdrawal from Russian Federation citizenship was duly formalized on the basis of their voluntary expression of intent;
• persons born or permanently residing in the territory of the RSFSR or in territory that belonged to the USSR, within the state borders of the Russian Federation, and who held USSR citizenship in the past;
• persons who have relatives in the direct ascending line who were born or permanently resided in the territory of the RSFSR or in territory that belonged to the Russian Empire or the USSR, within the state borders of the Russian Federation, and who had the corresponding citizenship.

Let us consider some examples:

A citizen of the Russian Federation is not registered at a place of residence in the Russian Federation (there is no registration stamp in their internal passport) and has been permanently residing abroad since 2005. In this case, they are entitled to participate in the State Resettlement Program as a repatriate.

If, after the dissolution of the USSR, a person held Russian citizenship but renounced Russian Federation citizenship in 1999 in connection with acquiring German citizenship under the German legislation in force at the time, that person, now a German citizen, may apply to participate in the State Resettlement Program as a repatriate, enclosing a certificate of renunciation of Russian citizenship.

If a Belgian citizen was born in 1978 in Saratov Oblast, they are also recognized as a repatriate, since they were born in the territory of the RSFSR within the state borders of Russia.

If a Kyrgyzstani citizen was born in 1966 in Donetsk Oblast, they may also apply to participate in the State Program as a repatriate, since this territory was part of the USSR and has been part of the Russian Federation since 30.09.2022.

If a French citizen is the grandchild of a person who, through the maternal line, was registered as residing in Zaporizhzhia Oblast from 1939 to 1946, the grandchild is entitled to apply to participate in the State Program as a repatriate, documenting through their mother their relationship to their grandfather, as well as his permanent residence in territory that was part of the USSR and lies within the state borders of the Russian Federation.

A participant in the State Resettlement Program with repatriate status is entitled to submit documents together with their family members, the full list of whom is defined by the basic concepts of the State Program.

A repatriate may submit an application and the required set of documents to participate in the State Program to a diplomatic mission or consular office of the Russian Federation, as well as to a representative office of the Ministry of Internal Affairs of the Russian Federation in any foreign country.

Within the Russian Federation, repatriates from among the following are entitled to submit an application to participate in the State Program to the authorized bodies of the Ministry of Internal Affairs of the Russian Federation:

• foreign citizens permanently residing in the territories of foreign states deemed unfriendly and lawfully present in the Russian Federation;
• citizens of the Russian Federation who permanently resided in the territories of foreign states deemed unfriendly as of February 24, 2022, and returned to the Russian Federation because they lost the right to reside there, provided they document the loss of that right and are not registered at a place of residence in the Russian Federation.

Let us consider some examples:

An Italian citizen who meets one of the four criteria for the definition of “repatriate” listed above is entitled to apply to participate in the State Program in this status within Russia, having arrived and being present on a valid visa, since Italy is included in the list of countries unfriendly to the Russian Federation.

If a Russian Federation citizen’s residence permit in Estonia has been annulled, they are entitled to apply to participate in the State Program as a repatriate within Russia, provided they submit supporting documents and were not registered at a place of residence in the Russian Federation as of 24.02.2022.

It is important to note that a repatriate is entitled to choose any constituent entity of the Russian Federation for resettlement, including regions that do not participate in the Compatriots Program under the general procedure, such as Moscow, St. Petersburg, or the Republic of Crimea.

After a foreign citizen obtains State Program participant status as a repatriate, they and their family members are entitled to apply for admission to Russian Federation citizenship to the authorized territorial body of the Ministry of Internal Affairs of the Russian Federation in the constituent entity specified in the State Program participant certificate.

If a State Program participant and/or their family members do not plan to acquire Russian citizenship in the near future, they may apply for a residence permit (hereinafter, “RP”), bypassing the stage of obtaining a temporary residence permit. An application for an RP for a repatriate and/or their family members may be submitted either within Russia or to a foreign mission of the Russian Ministry of Foreign Affairs or a representative office of the Russian Ministry of Internal Affairs.

It is important to note that if an application for an RP is submitted abroad, the process of finalizing and receiving the document takes place within Russia after the foreign citizen has undergone mandatory fingerprinting and medical examination.

In addition to the above, repatriates and their family members should carefully review the grounds for denial of issuance, as well as cancellation of the certificate and status of a State Program participant (or participant’s family member), listed in Articles 25, 26, and 28 of Decree of the President of the Russian Federation No. 637 of June 22, 2006, “On Measures to Assist the Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad”:

State Program participant status is not granted, and previously granted status is lost, if a compatriot who is a repatriate (or their family member):
a) advocates the violent change of the foundations of the constitutional system of the Russian Federation or, through other actions, creates a threat to the security of the Russian Federation or its citizens;
b) finances or plans terrorist (extremist) acts, assists in their commission, or commits them, or otherwise supports terrorist (extremist) activity;
c) during the five years preceding the date of application, was subject to administrative expulsion, deportation, or transfer by the Russian Federation to a foreign state under an international readmission agreement, or was subject to such measures repeatedly (two or more times) within 10 years;
d) submits forged or falsified documents or knowingly provides false information;
e) has been convicted of a serious or especially serious crime, or a crime involving the illicit trafficking of narcotic drugs;
f) has an outstanding or unexpunged conviction for a serious or especially serious crime;
g) has repeatedly been held administratively liable for offenses against public order, security, or the rules of stay, or has committed an offense involving the illicit trafficking of narcotic drugs;
h) after being registered, left the Russian Federation for permanent residence abroad;
i) after being registered, stayed outside the Russian Federation for more than six months in a year, except in specified cases;
j) did not undergo mandatory fingerprinting or photographing, or failed to provide the required medical documents.

Status is also not granted or is lost if a decision is made:
a) that a person’s stay (residence) in the Russian Federation is undesirable;
b) to administratively expel the person from the Russian Federation;
c) to deny the person entry into the Russian Federation;
d) to annul the temporary residence permit or residence permit.

Status is lost:
a) in the cases specified in subparagraphs “a” and “b” of paragraph 25 (the certificate is annulled);
b) in the cases specified in subparagraphs “c”–“j” of paragraph 25 and paragraph 26 (the certificate is subject to replacement).

A repatriate granted State Program participant status is not entitled to receive the state guarantees and social support provided for in paragraph 20 of the State Program, namely:

• reimbursement of expenses for travel to the future place of residence, including the cost of travel and transporting personal belongings;
• receiving relocation allowances;
• receiving a monthly allowance in the absence of income from employment, business, or other activities until the date of acquiring Russian Federation citizenship;
• receiving a housing subsidy after acquiring Russian Federation citizenship;
• reimbursement of expenses for paying the state duty for notarial certification of document translations.

However, a repatriate and their family members are entitled to reimbursement from the federal budget of expenses for paying the state duty for the issuance of documents determining the legal status of resettlers within the Russian Federation.

A constituent entity of the Russian Federation is entitled to decide to provide repatriates with financial and other support, including under a regional resettlement program. At present, such support is provided by Kaliningrad and Nizhny Novgorod Oblasts.