Citizens of the Russian Federation have the right to obtain citizenship of other states. Its implementation is guaranteed by the provisions of the Constitution of Russia and federal legislation. Registration of dual citizenship can be characterized by nuances due to both the specifics of the migration laws of other countries and some features of legal norms in force in the Russian Federation. This is especially true for some innovations. How to apply for dual citizenship to a Russian citizen in full accordance with national legislation?
The right to two citizenships: legislative aspect
Citizens of the Russian Federation can have a second citizenship, as well as a third, fourth and further in the account. This right is guaranteed to Russians by the Constitution of the country. Article 62 of the main law of the state says that citizens of the Russian Federation can be subjects of other states in accordance with the applicable federal laws and international agreements of Russia. The modern Federal Law governing dual citizenship was adopted in 2002.
The provisions of this legal act stipulated that citizens of the Russian Federation holding a passport of another country are generally considered by Russia as its citizens only, unless otherwise provided by an international agreement. Also in the Federal Law "On Citizenship" there is a provision according to which the acquisition by a Russian citizen of another country does not entail the termination of the corresponding status in relation to the Russian Federation.
The emergence of a second citizenship
In what scenarios can a Russian citizen obtain a second citizenship? There may be many options. Among the common ones - obtaining citizenship by birth. So, if a Russian citizen, along with his pregnant wife, went to visit a friend in the United States, but she gave birth to a child there, then the baby, according to local laws, will be considered an American. Another option is to acquire a second citizenship in the framework of the sequential procedure provided for by state law, which may involve several steps: obtaining a visa, then a residence permit, and then citizenship. The third scenario common in world diplomatic practice is the marriage of a state subject. But this is not an exhaustive list of options.
Two citizenship and foreign experience
The approach of the Russian legislator to the issues of second citizenship can both coincide with the policies of other states, and fundamentally differ from him. It cannot be said that in world diplomatic practice there are laws of this kind that developed states are loyal to second citizenship, and those whose markets are at an average level tend to block the possibility for their citizens to obtain passports of other states.
For example, in Japan, Denmark, and Norway, second citizenship is prohibited, in Israel, Canada, Finland, and France — it is allowed. In many states neighboring the Russian Federation, subjects cannot legally own passports of other countries. So, the legislation of Ukraine, Kazakhstan, Belarus prohibits citizens of these states from having the appropriate status.
Two citizenships in the Russian Federation and Belarus
An interesting way is the situation with the issue of second citizenship in the aspect of diplomatic relations between Russia and Belarus. On the one hand, the Russian Federation and the Republic of Belarus have concluded an agreement on the formation of a union. Already reached and ratified by both countries, agreements allow citizens of the Russian Federation to live in the Republic of Belarus with almost the same rights that are characteristic of local residents.And vice versa, a Belarusian passport gives the right to a citizen of the Republic of Belarus to be in Russia and have practically the same basic rights that are characteristic of Russians.
In this sense, obtaining a second citizenship in relation to Belarus is not very advisable for a resident of Russia, as well as vice versa. Why, if there is an opportunity to exercise basic rights in a friendly state with a passport of their country? But in some cases, citizens of the Russian Federation still seek to acquire full-fledged Belarusian citizenship. For example, to be able to serve in the army of the Republic of Belarus, to participate in elections at one level or another, these are rare types of rights that can only be exercised by citizens of Belarus.
In this case, an interesting scenario may be observed. Second citizenship in Russia is expressly permitted by the Constitution. But in Belarus, legislation prohibits the corresponding status. It turns out that a Russian citizen who has received a passport of the Republic of Belarus will be a formal violator of Belarusian law, unless he renounces Russian citizenship. What he generally will not do. Russia, however, cannot forbid its subject to obtain citizenship of Belarus.
When the next citizenship is Russian
The relationship between the Russian Federation and Belarus in matters of dual citizenship is not the only interesting aspect regarding the appropriate type of immigration legal relationship. The presence of a second citizenship of a citizen of the Russian Federation is his right guaranteed by the Constitution of the country. However, with regard to the reverse procedure — obtaining a Russian passport by a foreigner, the situation here is different.
The legislation of the Russian Federation consistently pursues a policy of protecting the rights of citizens in terms of acquiring citizenship of other states. First, at the level of the Constitution, and then in the Federal Law, provisions were fixed that guarantee the possibility of Russians becoming citizens of any number of states. But the reverse procedure - acceptance of a citizen of another country into Russian citizenship - involves his refusal of a foreign passport. In this sense, the legislation of the Russian Federation is precisely directed against establishing the fact of a second citizenship.
Particularly interesting is the fact that a person, having refused his citizenship in order to obtain Russian, after a while will have the right to again request the passport of the country of which he had once refused citizenship - of course, if its legislation does not prohibit it. It turns out that a person, having fulfilled the formal condition for obtaining Russian citizenship, after some time can still circumvent this legislative norm. For example, re-citizenship mechanisms operate in Turkey, while this state allows its subjects to have passports of other countries.
On the other hand, the registration of a second citizenship in the Russian Federation without a person’s renunciation of citizenship in relation to another country is in practice possible. There is a provision in the legislation of the Russian Federation under which a foreigner applying for a Russian passport may not have to renounce his citizenship if, for objective reasons, this procedure is not possible.
Two citizenships: rights and obligations
For a long time, citizens of the Russian Federation who received a second citizenship had no obligations to their country due to the possession of a foreign passport. But since 2014, legislation has appeared in the legislation of the Russian Federation that has changed the situation. So, citizens of the Russian Federation must send to the FMS a notice of second citizenship, drawn up in the prescribed manner.
The corresponding obligation is spelled out in the law not for all Russians, but only for those who mainly live in the Russian Federation, while possessing not only a Russian, but also a foreign passport. But those citizens who do not send notification of a second citizenship to government agencies may be fined. Corresponding penalties can reach up to 200 thousand rubles.How to properly implement the procedure for interaction with the migration service regarding the notification of the presence of other citizenships?
Two Citizenship Notification: Nuances
For the FMS, the second citizenship of Russians should now cease to be a secret. The legislation requires citizens of the Russian Federation who have received a foreign passport or residence permit to notify the migration authority about this within 60 days after receiving the relevant documents. As we noted above, this obligation is relevant for individuals residing primarily in Russia. But by what criteria is this status determined?
Resident obligation
The corresponding formula is quite close to those algorithms that are present in the tax legislation of the Russian Federation. Payers of fees to the Russian treasury are divided into two main categories. Firstly, these are residents. They pay 13% of their personal income tax. Secondly, these are non-residents. Their tax rate is much higher - 30%. A person receives non-resident status if he is outside Russia longer than 183 days a year. A similar criterion applies when determining whether to inform the FMS about foreign citizenship.
If a person received a foreign passport, and his status implies the corresponding obligation in question, but he is outside the Russian Federation, then you can not rush to notify the FMS. You can send the necessary documents to the migration service upon arrival in Russia, but this should be done within 30 days from the moment of crossing the border.
How many citizenships - so many notifications
A person should interact with the FMS on the issue of citizenship notification whenever he prepares a passport issued by a country. The number of foreign citizenship does not matter. But the Russian must notify the migration service about each of them.
From all foreigners - by notice
We noted above that when accepting a foreign national into Russian citizenship, a refusal of the previous passport is required, but in some cases this procedure cannot be carried out for objective reasons. It turns out that the person continues to be considered a foreign citizen. Does he need to file a notification with the FMS in this case? The law on second citizenship implies that this obligation is relevant for all Russians who have a foreign passport or residence permit acquired in one way or another. That is, the person who has just obtained Russian citizenship needs to inform the FMS about the fact of the presence of another, if it is saved.
Children - subjects of migration relations
An important nuance: Russians should inform the Russian Migration Service about the fact of dual citizenship not only at home, but also about their children. If they, of course, mainly live in the Russian Federation. In this case, parents can fill out a notification of second citizenship. The document itself contains information about them. How to get a second citizenship and correctly notify the FMS? Consider this aspect.
Interaction with the FMS: documents
The standard algorithm in which a Russian citizen who has become a foreign national can notify the FMS is as follows.
You must come to the FMS, taking with you a passport of a citizen of the Russian Federation, an identity document in another state, as well as their photocopies with all pages. In the office of the migration service are issued forms of second citizenship, they must be filled out. After that, you need to give all the documents to the FMS specialist. Notarization of sources is not required.
As for filing a notice reflecting the fact of having a second citizenship in minor children, the procedure will be somewhat more complicated.
Parents will have to communicate with the migration service.They will need to take with their FMS their passport, a birth certificate of a child or a document legally replacing it, Russian and foreign identity cards of a minor, and at the same time - photocopies of these sources, all of their pages. As in the first scenario, a form is filled out which will be issued by the FMS specialists.
There is nothing complicated in filling out notifications that are compiled by the agency. The main condition is not to leave empty fields. If even in some parts of the document no information is supposed to be reflected, it should be entered “no”. For example, in the 5th and 6th paragraphs of the form should include information on the extension of citizenship or withdrawal from it. If the applicant does not possess the relevant data, then he needs to enter “no” in the indicated paragraphs.
The second option for interaction with the FMS is to send the necessary documents via mail. In this case, the FMS form can be downloaded from the Russian Post website. The letter drawn up at the address of the migration service at the place of registration or actual residence must contain copies of all the documents indicated above. There should be two completed forms. It is recommended that an inventory, also made in duplicate, be attached to the set of documents.
