Reasons for canceling a TRP

Obtaining a permit for temporary residence in Russia by a foreigner is the first step towards becoming a citizen of the country. However, living under this document requires the submission of the migrant to certain rules. If the requirements are not met, the FMS employees can cancel the TRP and demand that the foreigner leave the territory of the Russian Federation.

Reasons for cancellation of RVP

The grounds for canceling the temporary residence permit are enshrined in Federal Law No. 115 of July 25, 2002 (as amended on December 27, 2018) "On the legal status of foreign citizens in the Russian Federation."

According to this document, the migration services are authorized to cancel the TRP on the following grounds:

• Stay of a migrant abroad more than 180 days in a row;
• Employment and residence outside the region where the document was issued. To move to another region, the migrant must first transfer the RVP, indicating the good reasons for this procedure;
• Violation of the terms of the annual confirmation of the document;
• Involvement in the activities of terrorist organizations that undermine the constitutional system of the state or pose a threat to citizens of the Russian Federation;
• Financing the activities of extremists;
• Having an outstanding criminal record;
• Diagnosing dangerous diseases in a migrant: AIDS, tuberculosis, drug addiction;
• Submission of forged documents or false information;
• Attraction for violation of migration legislation more than 2 times in 12 months;
• Recognition of marriage, on the basis of which the RVP was issued, as fictitious;
• Deprivation of parental rights in relation to a child who is a citizen of the Russian Federation;
• The FMS makes a decision that the presence of a migrant in the Russian Federation is not desirable;
• Transfer of a migrant by a foreign state under an international treaty on readmission.

IMPORTANT. RWP can be canceled at low incomes or in case of failure to provide information about them within the period established by law. The income for each family member of a migrant must not be less than the officially established subsistence minimum in a particular region.

Cancellation procedure

The procedure for conducting the cancellation procedure is enshrined in the Federal Law No. 115 of 08/07/2001 (as amended on 03/30/2018). According to this document, the migration services initiate the start of the cancellation procedure after receiving information about the existence of legal reasons for this action.

Cancellation consists of the following steps:

1. Sending by FMS officers a request to verify the information received to government agencies or interviewing witnesses;
2. Approval of the decision on annulment by the head of the FMS in case of confirmation of the information;
3. Delivery or mailing of a notification to a foreigner within three days after the signing of the decision;
4. Entering the mark "canceled" in the migrant's passport or withdrawal of a separately issued document;
5. Issuance of a certificate with a photo or a visa with a TP1 mark for leaving Russia.

After the cancellation of the RVP, the migrant must leave the Russian Federation within 15 days. If the deadline is violated, he is subject to forced expulsion.

What to do after cancellation

It is necessary to take any action if the decision to terminate the document was made unreasonably, or the FMS employees exceeded their powers. The foreigner has only 15 days left to appeal the decision made by the authorities. After this period, regardless of the development of events, he is obliged to leave the territory of the Russian Federation.

Appeal procedure and what it needs

You can appeal the decision of the FMS employees to deprive a migrant of a temporary residence permit by filing a complaint with a higher authority or through a court. It is worth starting the appeal procedure by contacting the Main Department of Internal Affairs of the Ministry of Internal Affairs.

First of all, the migrant needs to find out exactly the reason for the cancellation of the permit and make sure that it is justified.

If the information on the basis of which the decision was made to prematurely expire the document is erroneous, the actions of the FMS employees must be appealed:

1. An application is submitted to the Main Directorate of the Migration Service, indicating the reasons to justify their own actions and attach a supporting package of documents to it;
2. Consideration of the application may take up to 30 days, therefore, leave Russia in case of his absence within 15 days you still have to. The fact of filing a complaint does not give the foreigner the right to violate this requirement;
3. If the application received a negative answer, you can try to restore justice by filing a claim in court. The case will have to be conducted through a representative, since the period of permitted stay in the Russian Federation will end by this time.

Experienced lawyers, if there are compelling reasons against canceling the RVP, advise you to immediately file a claim in court. In this case, for the entire period of the trial, the migrant can legally stay in the Russian Federation.

It is advisable to entrust the appeal of illegal actions of the FMS employees to a qualified lawyer who will take into account all the nuances of the case and draw up the documents correctly. As practice shows, as a rule, it is not possible to independently achieve a positive court decision.

Refusal of a RVP on its own initiative: common reasons and method of registration

The main reasons for refusing a temporary residence permit of their own accord are the intention to move to another region for employment or to leave Russia for a period of more than 180 months. The possibility of independent refusal of permission is not spelled out in the law, however, in practice, this is possible.

Lawyers do not advise using a violation of the regime of stay in the Russian Federation for this, since these are far from harmless actions. Along with the withdrawal of a permit, migration services can impose sanctions in the form of a ban on entry or administrative liability, and in the presence of certain circumstances, criminal liability.

The safest way to terminate the document is to file an application with the territorial division of the Federal Migration Service, where the RVP was originally issued.

How to fill out an application

A single application form for cancellation of a TRP has not been developed, therefore the document is drawn up in free form by hand or printed on a computer.

The application must contain the following information:

• The address of the migration department of the FMS and the full name of its head;
• Applicant's personal data;
• Request for removal from the migration register;
• Motives of the statement;
• Registration data of the RVP (number, date of registration);
• Date and signature.

After submitting the application, you must make sure that the permit has been revoked. For verification, a foreigner must personally appear at the territorial office of the FMS with a passport and write a statement.

Restore permission

The document can be restored only if the authorities have found its cancellation illegal. The foreigner needs to obtain a new permit or stamp in the passport. To recover, you do not need to collect a package of documents, undergo fingerprinting and medical examination. A new document is issued on the basis of a court decision and an application from a migrant.

IMPORTANT. The validity period of the restored TRP is calculated from the date of issue of the previously canceled one.

The term for obtaining a new document is not limited and depends on the work schedule of a particular territorial subdivision of the FMS. The procedure lasts from 4 weeks to 2-3 months in case of disputable situations.

If 6 or more months have passed from the date of termination of the previously issued permit, and the migrant did not report this fact to the migration services, the request for issuing a TRP will have to be issued anew, with the passage of all stages of the procedure.

The consequences of canceling a temporary residence permit for a foreigner are quite serious: without this document, one cannot live and work in Russia, obtain a residence permit, in case of forced deportation, enter the country within 5-10 years. Therefore, when living in the Russian Federation according to this document, it is worth observing the legislation and not violating the rules established for foreigners.