Registration of a new status in another country - temporary or permanent, is almost always a lot of documents, forms, and other red tape with paperwork. When applying for a residence permit card, citizenship, or passport from another country, many residents completely forget that after passing all the "paper" procedures, it is necessary to issue one more important document, but already in the Russian Federation. The name of this important paper is "Notification of second citizenship".
Second and dual citizenship - is there a difference?
Before you start to deal closely with the subtleties of informing your state about the change of status in another country, a little terminology.
Second and dual citizenship - often these word combinations are confused or considered synonyms. In reality, they are different concepts:
- Dual citizenship means that the said resident holds passports of two different states at the same time, and each of them officially recognizes the rights, freedoms, and obligations of the person in each of the countries.
- Second citizenship - means that the resident legally holds two passports of different states at the same time, but each of the countries recognizes the holder only as a citizen of its own country.
In the Russian Federation, there is no official prohibition for residents to obtain a second citizenship. But in case of registration of citizenship of another country, the native state will perceive the resident exclusively as its citizen. To date, the registration of dual citizenship is allowed only in Tajikistan.
"Notification of dual citizenship" - what is it? This is an approved form by which a resident notifies the competent authorities of the home country of the issuance of a passport or nationality in the second state. It is an officially approved form in A4 format. When submitting the completed form to the controlling authorities, a list of documents should be added to it.
Who should inform the regulatory authorities about the registration of a second citizenship or residence permit?
Inform all citizens of the Russian Federation about the appearance of a new status. It is necessary to formalize the procedure exactly in the terms prescribed in the current legislation. If we are talking about persons who have not reached the age of majority or incapacitated residents, the notification form is filled out and handed over for control by parents or legal guardians.
The state should be notified when:
- obtaining a passport in another country;
- issuance of a residence permit card or other authorization document, which secures the right of the resident to reside legally permanently in the territory of another country.
It is necessary to inform the official authorities each time you obtain a new citizenship or residence permit.
Important! A document that secures and confirms the resident's right to a permanent legal residence on the territory of another country is not always called a "residence permit". The document, card, or certificate may have a different name. If for a resident it is a self-evident fact, for legal proceedings - not always! Keep this point in mind.
What is the deadline for notifying the state about obtaining a new status?
Since October 26 of this year, the new law on citizenship and the updated procedure approved by the order of the Ministry of Internal Affairs have come into force. Now it is allowed to submit a notification at the migration department or through the Gosusgosluzhby portal. While abroad, notification is carried out through the Russian consulate or consular departments of the embassy. If we talk about submitting a notification from abroad, then in this case we are talking about the resident's initiative - submission of a notification is not imposed as an obligation.
It is necessary to hand over the notice personally or to do it with the help of an authorized representative, having previously drawn up a power of attorney for him.
Terms that should be referred to when informing the controlling authorities:
- A person resides in the territory of the Russian Federation and draws up a passport/residence permit of a second country, without leaving the territory of the Russian Federation. Notification in such a case should be submitted within 60 days from the date of obtaining the second citizenship/residence permit.
- A person resides abroad and applies for a passport/residence permit in the second country. When entering the territory of the Russian Federation, he/she must notify the Ministry of Internal Affairs of this fact within 60 days of receiving the documents.
- A resident resides in the territory of another country, has issued a passport/residence permit of the second country, and does not plan to come to the Russian Federation within 60 days. In this case, the notification must be submitted within 60 days of the first crossing of the Russian border. It does not matter how long the person intends to stay on the territory of the Russian Federation - even 1 day. According to the current legislation, he/she needs to notify the supervisory authorities.
- The resident resides permanently abroad, has obtained citizenship/residence permit from a second country, and intends to continue living abroad. In this case, he must notify the supervisory authorities when he first arrives in the Russian Federation. He has 60 days to do so.
If the notification is late, the person risks being fined 1,000 ₽. If a person deliberately ignores the requirement for timely notification, there is a high risk of criminal prosecution under Article 330.2 of the Criminal Code of the Russian Federation. In this case, the defendant faces a fine of up to 200,000 ₽ or up to 400 hours of compulsory labor. It should be understood that while the investigation is underway, the offender will not be released from the territory of the Russian Federation.
What is the correct way to inform the controlling authorities about a passport/citizenship/residence permit from another country?
The Ministry of Foreign Affairs has not yet approved the procedure for notification by a resident abroad; it is currently under consideration. Our lawyers have prepared detailed instructions on how to file a notification in the Russian Federation.
The first thing to do is to fill in the notification form. Download it on the website of the Ministry of Internal Affairs, but before that, it is advisable to clarify what form is necessary in this or that case and what list of documents should be attached to it. The completed form should be submitted to the territorial body of the Ministry of Internal Affairs of the Russian Federation at the place of residence of the applicant. If there is no propiska, then at the place of temporary registration.
If there is no registration of any kind - temporary or permanent, it is necessary to orient to the Ministry of Internal Affairs at the place of actual location.
If you mistakenly send information to the wrong territorial body of the Ministry of Internal Affairs, it will not be accepted and will not be considered. It will be necessary to collect documents and conduct the procedure again - and there and the deadline for submission may expire.
Notifying the Ministry of Internal Affairs in person
The completed form can be submitted to the IAB at the regional or district level. At the regional level, there may be the Ministry of Internal Affairs for the republic, the main department or department of the Ministry of Internal Affairs for the region, and so on. A territorial body of the Ministry of Internal Affairs may have a migration department.
In order not to make a mistake when choosing the right supervisory body, it is advisable to contact the territorial body of the Ministry of Internal Affairs in your region in advance. Specialists will advise which office accepts notifications of citizenship/residence permits in which city and at what time. It is more difficult to submit the notification on the Gosuslugi website, but you can additionally clarify the information about the necessary branch of the Ministry of Internal Affairs and make an appointment.
At the office, the applicant will be received by an authorized employee, who will check the documents presented and if everything is in order, will issue a tear-off coupon from the notification. It is necessary to keep it, you can make a copy or a photo. At any check, this will be proof of informing the Ministry of Internal Affairs about obtaining a new status.
The following documents should be added to the notification form:
- a copy of the internal passport of the resident (Russian Federation);
- copy of the residence permit card or other document authorizing temporary/permanent residence;
- a copy of a passport of another state or other document confirming the existence of another citizenship/citizenship.
Additional documents may be required if the main applicant is also filing for minor children.
Notification of the Ministry of Internal Affairs through a representative
There are no special requirements for the resident's representative - it can be a Russian citizen or a foreign person. A notarized power of attorney must be issued for him. Abroad, the power of attorney can be executed and certified at a consular office of the Russian Federation.
The authorized person must have a passport confirming his/her identity and come to the IAB of the Main Department of the Ministry of Internal Affairs at the place of residence of the main applicant. If the main applicant does not have temporary/permanent registration or propiska, the authorized person can come to any MIA convenient to him territorially.
The representative must attach the following documents to the notification:
- a copy of the main applicant's residence permit;
- a copy of the main applicant's internal resident passport;
- a copy of the personal passport of the authorized person;
- a copy of the power of attorney.
The representative receives a tear-off coupon, signs the receipt, and takes the coupon.
Notification via Gosusgoservices
You can notify through the Gosusgoservices portal either personally for yourself or another person by power of attorney. The service usually takes 1 day.
What else do I need to know?
The Russian Tax Code does not regulate issues of citizenship and migration, so the obligation to notify the Russian regulatory authorities promptly is not affected by the applicant's tax residency.
If you have doubts about whether to inform the state authorities or not, and at the same time you permanently reside abroad, the most reasonable and safe way is to inform. Especially if the resident has a propiska in the Russian Federation. If there is no propiska and the applicant has decided that the notification requirement will not affect him, there is always a higher risk that the home state will consider otherwise.
If the resident is brought to criminal responsibility, in the course of court proceedings it will be necessary to prove that the issued document provides the right only for temporary residence abroad. This is an option for those individuals who are not afraid to spend time, effort, and finances on legal proceedings or who believe that the Ministry of Internal Affairs will not find out about their new status abroad.
If you need help in informing the Ministry of Internal Affairs, contact the lawyers of the migration agency GARANT.IN for advice. They will tell you in detail about all the nuances of the procedure, depending on the client's situation. You can also issue a power of attorney to our specialist and entrust all the work to him. In this case, you will be sure that the notification will be submitted to the right authority by the requirements of the current legislation and in due time - save yourself the hassle, saving time and effort.
