Citizens of the Russian Federation by virtue of legislative privileges may be subjects of other countries. They can have any number of passports of foreign states, and in this the laws of the Russian Federation are among the most liberal in the world. Does this stipulate any legal obligations for citizens of the Russian Federation to the authorities of their state? What is the specificity of the migration legislation of the Russian Federation in comparison with the corresponding sphere of state regulation in neighboring countries?
Dual citizenship: legislative aspect
Does Russia allow dual citizenship? Yes, it is directly spelled out at the level of federal laws regulating the migration sphere. In the 6th article of the Federal Law "On Citizenship" there is a provision according to which a Russian citizen who has received a passport of another country does not lose a Russian one.
Moreover, a Russian citizen who has issued citizenship in relation to other states and has not renounced his own, is considered by the Russian Federation only as its own citizen, unless otherwise permitted by an international agreement signed by Russia. The number of states that issued a passport to a subject of the Russian Federation is not regulated by law.
The concept of dual citizenship
Dual citizenship is allowed in Russia, but what should be understood by this term? Attorneys have a common interpretation according to which the term in question can be understood as the legal connection of an individual with two or more states, which predetermines the emergence of rights and obligations in communications with each of them.
The fact of having any citizenship is usually confirmed by a passport or other document identifying a person’s citizenship in relation to a state.
Different dual citizenship regimes
Dual citizenship in Russia can be a status that reflects not only the legal relationship between a citizen of the Russian Federation and another state, but also international agreements between countries. What does it mean? Dual citizenship in Russia, as we have defined above, is not prohibited. And therefore, a Russian citizen can acquire a passport of any state without coordinating its actions with authorities in the Russian Federation. But a situation is possible in which a person, being a citizen of another country with which Russia has signed an agreement, will have more privileges than an individual who is a subject of a state that does not have agreements with the Russian Federation.
Historically, Russia has signed only two such treaties - with Tajikistan and Turkmenistan. Within the framework of these agreements, some issues related to the status of Russian citizens who simultaneously act as citizens of these Asian states, and vice versa, citizens of Tajikistan and Turkmenistan who hold the Russian passport, were settled.
Specificity of dual citizenship agreements
The main provisions of the agreement between the Russian Federation and these countries concerned the rights and obligations of people located on the territory of a state.
By virtue of an agreement signed with Tajikistan and Turkmenistan, the status of citizens of these countries who were on the territory of the Russian Federation and were also its subjects no longer fell under the provisions of the Federal Law "On Citizenship" regarding the fact that the Russian Federation considers such people exclusively as its citizens. In relation to people with a passport of these Asian states, a special legal regime was established.
It can be noted that only Tajikistan and Turkmenistan are among the states that had experience in resolving such an aspect as dual citizenship with Russia. Countries, in addition, are adjacent to the Russian Federation.
Russia and Belarus: the migration aspect
There are features regarding the status of citizens of Belarus who also have citizenship of the Russian Federation, and vice versa - Russians who have a passport issued by the Republic of Belarus. According to the union agreement between the Russian Federation and the Republic of Belarus, citizens of both countries have almost the same rights and obligations, regardless of which particular state they are in. Border control subjects of Russia and Belarus generally do not pass. Among the exceptions is the fact that one can participate in elections at one level or another only in one's own state. The situation is similar with military service in the army.
The practical expediency of registering two citizenships simultaneously - Russia and Belarus - in most cases does not arise. But it is possible. Since no agreements have been signed between the Russian Federation and the Republic of Belarus, similar to those that Russia concluded with Tajikistan and Turkmenistan, there is a rule in relation to citizens of the Russian Federation who have a passport of the Republic of Belarus, according to which such people, being in the territory of the Russian Federation, are considered only as its subjects.
Russia and Ukraine: citizenship issues
It is interesting to consider how the legislation of the Russian Federation and Ukraine in the field of migration is related. A country that allows dual citizenship is Russia. Ukraine does not officially grant its citizens such a privilege. But citizens of the Russian Federation may well have a Ukrainian passport - this is not prohibited by Russian laws. In practice, this happens.
It turns out that a citizen of the Russian Federation who received the citizenship of Ukraine does not violate the laws of the first state, but at the same time, his status does not meet the criteria prescribed in the legislation of Ukraine.
Russia and Kazakhstan: specifics of migration issues
What is the situation in the interaction of the Russian Federation and Kazakhstan in the field of migration issues? Interesting enough. In Russia, dual citizenship is allowed. But Kazakhstan, like Ukraine, does not officially allow it. Those patterns that we identified above will also be characteristic of citizens of the Republic of Kazakhstan and the Russian Federation.
But in the legislation of Kazakhstan there are a number of noteworthy provisions. In the 17th article Citizenship Act RK said that it is still possible to accept persons of Kazakhstan holding a passport of other states as citizenship of Kazakhstan if they:
- minors;
- recognized legally incompetent;
- have special merits to the Russian Federation;
- have a profession that gives the right to be a citizen of Kazakhstan in accordance with the list established by the head of state;
- returning to the Republic of Kazakhstan as a historical homeland.
These are the exemptions guaranteed by prohibiting dual citizenship, Kazakhstan. Whether Russia issued a passport of a person applying for citizenship, France or the United States, it does not matter if the person’s status meets the specified criteria.
Duties for dual citizenship
The status in question is not prohibited by Russian law. But dual citizenship in Russia is the subject of close attention of the legislator in recent times. So, the provisions of the Federal Law governing the issue under consideration have recently been substantially changed. The Russian law on dual citizenship now obliges Russians with citizenship of another state to notify the authorities of the Russian Federation about this.
Who the law concerns
Who should report on their foreign citizenship? The Russian Law on Dual Citizenship prescribes to do this to Russians who are holders of a passport of another state, but who mostly live in the Russian Federation. The relevant provision of the law also applies to those people who have a residence permit in another country. It does not matter that a citizen of another state, having dual citizenship in Russia, is prohibited from having a similar status in his homeland - as is the case with Ukraine and Kazakhstan. The Migration Service of the Russian Federation does not coordinate its actions with colleagues from other countries and cannot inform them that their compatriot received Russian citizenship.
It does not matter which country a citizen of the Russian Federation has become a subject of. The main thing is that this state be recognized by the Russian authorities. For example, if a citizen of the Russian Federation has a passport of Abkhazia or South Ossetia, then he must also notify the immigration authorities of his country.
Russian citizens must notify the FMS of any new citizenship acquired in another state, or of the fact of acquiring a residence permit. If a Russian citizen has issued a Bulgarian passport and reported this to the migration service in the prescribed manner, then if he obtains Hungarian citizenship after some time, information about this will also need to be transmitted to state authorities.
When and how to notify
Dual citizenship notifications are accepted by the territorial structures of the FMS of Russia. You need to contact the departments at the registration address or at the place of actual location. As prescribed by the law governing dual citizenship in Russia, a person must send a notice within 60 days from the receipt of a passport or residence permit of another country. The document must be printed, by e-mail and other electronic channels it is impossible to interact with the FMS on this issue.
What is the structure of the notification? It indicates:
- F. I. O. of a citizen of the Russian Federation, date and place of his birth, place of residence in Russia;
- series and number of identification document in the Russian Federation;
- information about second citizenship (and others, if there are more), the series and number of an identification document issued by another state;
- date of acquisition of citizenship of another country, the basis on which it was received;
- if necessary, information reflecting interaction with the migration services of another state on the issue of renunciation of citizenship (or upon refusal of a residence permit).
In addition to the application, the FMS will need to provide a photocopy of identity documents in the Russian Federation and in another state (or giving the right to reside in it). You can send a notification with other necessary sources by mail to the address of the territorial division of the FMS at the location of the citizen (or his registration). You can also bring all the documents personally to the department.
If more than 60 days have passed since the citizenship of another country was received and the person is still abroad, then nothing needs to be sent to the FMS. But as soon as the Russian arrives at his homeland, it will be necessary to send a notification to the migration service within 30 days from the moment of crossing the border of the Russian Federation.
A responsibility
What will happen if a person does not notify the FMS as part of the algorithm that the law prescribes? In this case, the state will impose strict sanctions. If a citizen intentionally decides not to notify the FMS about another citizenship, then a fine of up to 200 thousand rubles may be imposed on him. If a person is late with sending the necessary documents to the migration service, then the sanctions will be milder - a fine within 1 thousand rubles. Similar penalties can be applied by the authorities if a citizen of the Russian Federation made a mistake in the documents submitted to the FMS.
FMS Notification: Nuances
Let us consider what nuances are typical for interaction on the issue under discussion with the FMS of Russia. Dual citizenship is a question that has already managed to form a sufficient amount of law enforcement practice in the Russian Federation. What types of problems most often arise during communication between citizens and the FMS?
Many are not aware that it is necessary to transfer to the migration service not only information about their citizenship in relation to another state, but also information about minor children. If citizens who are under 18 years of age live with dual citizenship in Russia, then their parents should interact on notification issues with the FMS.
Many Russians who have citizenship of another country are interested in what is the criterion for determining that a person mainly lives in the Russian Federation (and in connection with this, is it necessary to submit a notification to the FMS).Recommended guideline - provision of the law relating to the recognition of a citizen of the Russian Federation tax resident. The relevant sources of law say that a person begins to pay tax as a resident if he lives in Russia for at least 183 calendar days for 12 months.
Some citizens of the Russian Federation, having citizenship of other states, but living abroad, often wonder - do I need to notify the FMS about dual citizenship, if they are still registered in Russia? These fears are not groundless, since the FMS has the formal right to identify indirect signs of a person’s permanent residence in the Russian Federation (not only on the basis of data on crossing the border). Therefore, it is recommended that those citizens who have a Russian residence permit send a notice to the FMS, even if the permanent place of residence is another state.
