According to the established practice, a prerequisite for obtaining a passport is the presence of the main document - an internal passport of the Russian Federation. But is the reverse scheme possible: the issuance of an internal document in the presence of a foreign one? It turns out that it is not only possible, but also widely used by many Russians. The procedure for obtaining an internal passport of the Russian Federation using a foreign passport has many nuances that require careful consideration.
Fundamentals of Legislation
The basis of the legislation of Russia on documents proving the identity of citizens is the decree of the Government of the Russian Federation N 828 of 07/08/1997. The "Regulations on the passport of a citizen of the Russian Federation" (hereinafter - the Regulations), approved by this decree, recognizes the internal passport as the main identity document, and obliges everyone who has Russian citizenship and lives in the country to get it.
In addition, the said decree determines the general procedure for issuing and replacing documents. In particular, clause 11 of the Regulation determines that in order for a citizen to obtain an internal passport, he can provide a foreign one. But the list of cases in which this is possible is limited: the issuance of an internal passport on the basis of a foreign one is allowed only when the first was never issued.
In more detail, the procedure for issuing and replacing an internal document is determined by the Order of the Ministry of Internal Affairs of Russia dated November 13. 2021 No. 851 "On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for the issuance, replacement of passports of a citizen of the Russian Federation, certifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation."
Cases when registration is possible
In 2021, four main categories can obtain a civil passport based on an identity document abroad:
- Foreigners who decide to obtain Russian citizenship outside the Russian Federation can enter it only at consular and diplomatic missions. On the basis of this procedure, the aforementioned diplomatic authorities issue a foreign passport to a foreigner, on the basis of which he can enter Russia and receive a national passport.
- Stateless persons who did not have foreign citizenship before, lived outside of Russia and decided to acquire Russian citizenship, can also obtain a domestic passport from the diplomatic mission of the Russian Federation. On its basis, they are entitled to receive an internal document.
- Citizens residing in Russia before 02/06/1992 (the date of obtaining legal force of the Federal Law No. 1948 of 11/28/1991) and who left it after this date for permanent residence abroad on the basis of an internal passport issued before the collapse of the USSR. At the same time, they should never receive an internal passport of the Russian Federation before, living only on the basis of registration and a passport obtained at the consulate.
- Russian citizens who left the Russian Federation for permanent residence, before reaching the age of 14, together with their legal representatives, having received only a foreign document from the diplomatic mission. It is noteworthy that in this case it is possible to obtain an internal passport without a foreign one - on the basis of reaching the 14th birthday and being outside Russian territory at that moment.
Thus, obtaining an internal passport of a citizen of the Russian Federation on a foreign passport is possible only in exceptional cases: for situations of expiration, damage or loss of a document, a completely different procedure is provided.
Where to go
According to clause 10 of the Regulation approved by Decree of the Government of the Russian Federation N 828 of 07/08/1997, Russian passports are issued by the territorial bodies of the Ministry of Internal Affairs. In accordance with clause 10.17.11 of the Regulation approved by order of the Ministry of Internal Affairs No. 192 dated 15.04. 2021, the functions of issuing internal passports in Russia are now entrusted to the Main Directorate for Migration of the Ministry of Internal Affairs (GUVM) and its territorial subdivisions in the field.
The law allows you to contact them at the place of residence, place of stay or place of application. In addition, in accordance with clause 14 of the Regulation approved by Decree of the Government of the Russian Federation N 828 of 07/08/1997, the law allows a citizen who wants to get a passport to apply through multifunctional centers or in electronic form - through the State Service portal.
A package of required documents
According to clause 11 of the Regulations on the passport, as well as pp. 23-27, 29.1-29.2, 33 of the Administrative Regulations, regardless of the authority to which the applicant applies, he will need to provide the following documents:
- application in the form No. 1P, approved by Appendix No. 1 to the order of the Federal Migration Service of Russia No. 391 dated 30.11. 2021, written by the applicant with his own hand or typed with the help of technical means;
- a passport of a citizen of the Russian Federation, and if it is impossible to provide it (for example, in case of loss, theft or other reasons) - other documents containing the necessary information, including a birth certificate, divorce or marriage registration, military ID, driver's license, and so on Further;
- 2 photos in 35x45 mm format, full face, without a headdress (applicants whose religion requires a headdress - in a headdress that does not distort the face);
- documents for affixing marks with a notarized translation into Russian (if necessary) - a child's birth certificate, marriage certificate, and so on;
- a receipt for payment of the state duty, which, according to paragraphs. 17 p. 1 of art. 333.33 of the Tax Code of the Russian Federation, is 300 rubles.
Processing time
According to clause 21 of the Administrative Regulations, approved by order of the FMS of Russia N 391 of 30.11. 2021, the law defines two permissible processing times - 10 days and 1 month, the application of which depends on the specifics of the situation. So, a 10-day period is applied when applying at the place of residence. Since registration at the place of residence on the basis of the documents available to a citizen is impossible, the registration of a Russian passport with a foreign passport will be carried out within a month.
What document will serve as an identity card for this period? According to clause 68 of the Administrative Regulations, if the submitted documents are accepted for consideration, the citizen has the right to apply to the territorial subdivision of the Main Directorate of the Ministry of Internal Affairs to produce him a temporary certificate in the form No. 2P, approved by Appendix No. 2 to the Administrative Regulations.
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Possible difficulties in registration
Despite the rather simple procedure described above, citizens who wish to issue an internal identity card on the basis of a foreign passport previously obtained outside the country should be prepared for the bureaucratic difficulties that they may face. Obstacles can be caused by both the lack of the necessary professional training of employees of migration structures, regulatory contradictions in the legislation, and imperfection of the internal regulatory framework.
As practice shows, such problems can be expressed, in particular:
- In the request to submit additional documents. The norms reflected in paragraphs. 23-30.3 of the Administrative Regulations, a list of documents that may be required when issuing a passport is determined. The list is closed and cannot be expanded.If the additional documents required by the employee of the migration authorities are not included in the specified list, such a requirement should be considered illegal.
- In the increase in the processing time. The terms, as we have already said, are clearly stipulated in clause 21 of the Administrative Regulations and are a month from the date of receipt of all the necessary documents. The law does not provide for an increase in these terms.
If an employee of the territorial department of the GUVM bases the extension of the processing time on the need to carry out checks, receive answers or other hesitation, such an extension is unacceptable.
- In the requirement to pay an additional clearance fee. The amount of the duty to be paid in 300 rubles, as well as the procedure for its payment, are clearly stipulated by law. If an employee of the migration authorities demands the payment of additional amounts (including for speeding up processing, overcoming obstacles, and so on), such a demand should be considered illegal and regarded as extortion. In this case, we recommend contacting law enforcement agencies.
- In creating other obstacles to obtaining a passport. Such can be considered a refusal to accept documents on far-fetched grounds, an increase in the number of interactions with officials, a violation of the standard and procedure for the service provided, a refusal to receive information about the progress of registration, a refusal to accept documents sent to the migration authorities electronically, a refusal to register for no reason.
Note that each of the cases is highly individual. Therefore, in order not to become a victim of the Russian bureaucracy and to exclude abuse by employees of the migration authorities, we recommend that you familiarize yourself in advance with the registration procedure in the specified regulatory legal acts.
Grounds for refusal to register
To eliminate the listed problems, the legislator, in p. 35-36 of the Administrative Regulations determined an exhaustive list of grounds on which a citizen can be legally denied to issue an internal passport on the basis of a foreign one. Based on them, a refusal can be received by a citizen only if:
- lack of grounds for obtaining an internal passport (age less than 14 years old, renunciation of Russian citizenship or deprivation of civil status);
- violation of the rules for filling out an application (absence or incompleteness of mandatory information, indication of false or untrue data);
- violation of the required form of the submitted documents (non-compliance of the photo with the requirements of the regulations, provision of foreign documents without translation, lack of notarization of such a translation, and so on);
- failure to provide documents required for registration;
- provision of forged documents, inconsistency with the reality of the information reflected in them.
Refusal for any other reason is unacceptable and is considered illegal. According to paragraphs. 135, 144 of the Administrative Regulations, citizens have the right to appeal such a refusal out of court or in court.
Conclusion
Considering all of the above, we note that a foreign passport gives the right to obtain an internal passport of the Russian Federation only in exceptional cases - when the holders of an international document did not have an internal passport until the moment of application. This procedure is not complicated, but it is associated with a number of features that must be taken into account. Applicants can often face all sorts of bureaucratic problems, which can be avoided only by fully knowing the migration legislation.
If you want to simplify the process of obtaining a foreign passport as much as possible, the best way out is to turn to professionals for help in obtaining a foreign passport!
