How to get a temporary refuge in the territory of Russia?

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Assistance in obtaining temporary asylum in the Russian Federation is one of the activities of the Legal center “Top Expert”. Experienced lawyers specializing in international law will help you prepare all necessary documentation, and if necessary, professionally defend and protect your interests.

Temporary asylum is the possibility of a foreign citizen or stateless person to temporarily stay on the territory of the Russian Federation on legal grounds. It is granted to a person who has grounds for recognizing him as a refugee, but is limited to applying for temporary residence in the territory of the Russian Federation or has no grounds for recognition as a refugee, but for humane reasons can not be deported outside the territory of the Russian Federation (paragraphs 3 item 1 of item 1, item 2 of item 12 of the Law from 19.02.1993 N 4528-1).

To obtain a temporary refuge in the territory of the Russian Federation, lawyers of the legal center “Top Expert” recommend the following algorithm:

Step 1. Apply with the application to the authorized body

A written application for temporary asylum on the territory of the Russian Federation shall be completed in accordance with the established form in Russian and submitted to the migration unit of the territorial body of the Ministry of the Interior of Russia. If the applicant can not fill out the application in Russian on his own, the application is filled out for him by an authorized employee with the participation of an interpreter (clause 1, sub-paragraph 1, clause 2, clause 12 of Law No. 4528-1, clause 20, clauses 59.2, clause 59 , clause 66 of the Administrative Regulations, approved by Order No. 838 of the Ministry of Internal Affairs of the Russian Federation of 07.11.2017).
Every adult member of the family who has arrived to the territory of the Russian Federation submits the application himself. Information on minor family members is entered in the application of one of the parents (guardian or one of the adult family members with whom they came to the territory of the Russian Federation and who took responsibility for their behavior, upbringing and maintenance) (paragraph 64 of the Administrative Regulations).
The applicant’s identification documents, two personal photos, as well as documents proving the relationship (if the applicant and his family members have different surnames) are attached to the application. The documents and materials submitted by the applicant in support of the application must have a written translation into Russian. The application is signed by the applicant, and in the case of an interpreter – also by an interpreter (clauses 28, 29, 67 of the Administrative Regulations).
When submitting an application by an authorized employee, a questionnaire and a questionnaire are filled out. On the first page of the questionnaire, a photo of the applicant measuring 35 x 45 mm is glued. If the applicant does not speak Russian, he is provided with an interpreter. Each page of the questionnaire is signed by the applicant and the interpreter (in the case of an interpreter). The questionnaire contains biographical data of the applicant and sets out the circumstances that indicate the reasons for his application for temporary asylum in the territory of the Russian Federation (clauses 30, 69 of the Administrative Regulations).
After completing the questionnaire with the applicant, an individual interview is conducted, during which he is asked questions about the motives for his handling of the application. Answers to the questions are recorded in the questionnaire, each page of which is signed by the applicant and the translator (in the case of an interpreter) (paragraph 70 of the Administrative Regulations).

The applicant and the members of his family who arrived with him are subject to mandatory state fingerprinting registration (clause 3 of the Procedure, approved by RF Government Decree No. 274 of 09.04.2001, clause 68 of the Administrative Regulations).

Step 2. Receive a certificate of consideration of the application

When receiving an application for temporary asylum, the migration department of the territorial body of the Ministry of Internal Affairs of Russia issues a certificate of consideration of this application for a period not exceeding three months. This certificate confirms the legal stay of the person and the members of his family who arrived with him on the territory of the Russian Federation for the period of consideration of the application, including for the period of appeal against the decision to refuse temporary asylum (paragraph 4, 5 of Order No. 274, clause 73.2 of the Administrative regulations).

Step 3. Take the registration at the place of stay in the territory of the Russian Federation and pass a medical examination

The person who submitted the application and received the certificate is obliged to register at the place of stay in the territory of the Russian Federation. In addition, the applicant and his family members who arrived with him must undergo compulsory medical examination and receive a medical certificate (clause 3 of article 12 of Law No. 4528-1, item 5, 6 of Order No. 274, item 31 , paragraphs 106.2 of paragraph 106 of the Administrative Regulations).

Note! The applicant and the members of his family who have arrived with him do not pass a medical examination if they have passed him for one year after receiving a certificate of consideration of the application for recognition as a refugee (paragraphs 3, paragraph 2, article 6 of Law No. 4528-1, item 6 of the Procedure N, 274).

Step 4. Wait for the application to be processed and, if so, get a certificate

The application is subject to review within a period not exceeding three months from the date of its filing (paragraph 25 of the Administrative Regulations).
During the consideration of the application, it is possible to conduct additional individual interviews with the applicant with the registration of questionnaires (paragraph 98 of the Administrative Regulations).

Based on the results of the application review, the migration unit of the territorial body of the Ministry of the Interior of Russia decides to grant temporary asylum on the territory of the Russian Federation or to refuse to provide it. Based on the decision to grant a person a temporary refuge, a certificate is issued. To this end, a person who has received temporary asylum, presents to the territorial body of the Ministry of Internal Affairs of Russia four personal photographs and two photographs of each family member who has not reached the age of 18, information about which is entered into the certificate. The certificate shall be handed to the applicant personally (clause 8 of Procedure No. 274, clause 20, subparagraph 22.2 clause 22, clauses 100, 106 of the Administrative Regulations, clauses 6, 8 of the Order, approved by the Order of the Ministry of Internal Affairs of Russia from 09/28/2017 N 741).
The certificate is a document proving the identity of its owner on the territory of the Russian Federation. At the same time, upon receipt of the passport, the passport and (or) other documents proving the identity of the owner are transferred to them for storage in the territorial body of the Ministry of Internal Affairs of Russia that issued the certificate (clause 3 of article 12 of Law No. 4528-1, clauses 9 and 10 of the Procedure N, 274).

Note! If a decision is made to refuse to grant the applicant temporary asylum, he shall be notified within three working days from the date of the decision, indicating the reasons for the refusal and the procedure for appealing the decision, as well as explaining the legal status of the applicant and his family members in the territory of the Russian Federation. In the event of the applicant’s failure to appear, the notification must be sent to the applicant by mail with a notice of delivery no later than five working days from the day the decision was taken (clauses 107, 108 of the Administrative Regulations).

Step 5. In time, apply for an extension of the temporary shelter

Temporary asylum is granted for up to one year. This period can be extended by a decision of the territorial body of the Ministry of Internal Affairs of Russia, on which the applicant is registered. To do this, a written application of the person for the extension of the period for the provision of temporary asylum with an indication of the circumstances requiring the extension of this period is required (paragraph 2 of Order No. 741).
Such a request shall be filed no later than one month before the expiration of the period for the granting of temporary asylum. If there are valid reasons for missing the deadline for submitting an application, this period may be extended, but not more than for a month (clause 12 of Order No. 274).

Step 6. Leave the territory of the Russian Federation in case of loss of temporary asylum or its deprivation

In the presence of certain circumstances, a person may lose temporary shelter in the territory of the Russian Federation or lose it.
Thus, a person loses temporary asylum (Section 5, Article 12 of Law No. 4528-1):
– in connection with the elimination of the circumstances that served as the basis for granting him temporary asylum;
– upon obtaining the right to permanent residence in the territory of the Russian Federation, or when acquiring the citizenship of the Russian Federation or the citizenship of another foreign state;
– when traveling to a place of residence outside the territory of the Russian Federation.
A person is deprived of temporary asylum, in particular, if it (paragraph 6 of Article 12 of Law No. 4528-1):
– convicted by a court verdict that entered into force for committing a crime on the territory of the Russian Federation;
– reported deliberately false information or presented false documents that served as the basis for granting him temporary asylum;
– brought to responsibility for committing an administrative offense related to the illegal traffic in narcotic drugs.
In these cases of loss of temporary asylum or its deprivation (with the exception of conviction for a crime in the territory of the Russian Federation), a person who does not have other legal grounds to stay on the territory of the Russian Federation is obliged to leave the territory of the Russian Federation within a month after the proposal of the territorial body of the Ministry of Internal Affairs of the Russian Federation. In case of refusal to leave, measures are taken to expel (deport) outside the Russian Federation (clause 7, article 12 of Law No. 4528-1, clause 19 of Order No. 274).

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