Obtaining refugee status in the Russian Federation for Ukrainians

Refugees from Ukraine are one of the hottest topics of recent years. Despite the prevalence of this term in relation to Ukrainian visitors, no more than a few hundred people have become refugees from this country in recent years. The reason for this is the strictness of domestic legislation in this area, as well as the ability to register other migration and legal statuses.

Refugee status in 2021

According to Russian law, a refugee is a person who is not a citizen of the Russian Federation who fears to become a victim of persecution on ethnic, religious, racial or social grounds in the country of residence. The legal status of a refugee is determined by Federal Law No. 4528-1 of 19.02.1993 "On Refugees", acting on the basis of the 1951 UN Geneva Convention.

Any person fleeing hostilities cannot be recognized as a refugee. The persecution must have a personal motive, it must be personalized and directed at a specific person or members of his family. Therefore, such a status is rarely granted to any person, including Ukrainian citizens, who fled from hostilities in the Donbass.

The status gives its holder broader rights in comparison with other migration groups. The advantages of such a legal state are determined by domestic legislation.

These include:

• Providing an interpreter;
• Indefinite term - the status is granted for an indefinite period, but re-registration is carried out once every 1.5 years;
• The right to a salary in the amount of at least 100 rubles. per day for each family member;
• Receiving a lump sum payment;
• Provision of free housing in a temporary residence center;
• Organized meals;
• The right to free medical care;
• Employment without obtaining a labor patent;
• The right to engage in entrepreneurship;
• The ability to open cash accounts in Russian banks;
• Receiving humanitarian aid.

An additional advantage of a refugee is that he has in his hands the passport of the country of which he is a citizen. So, if he wishes, he can return, losing his refugee status.

This legal status imposes some restrictions on the migrant. However, they are incomparable with the disadvantages that other migration statuses have.

Limitations include:

• Impossibility to work in government bodies;
• Inability to participate in elections.

Despite the similarities between refugee status and temporary asylum, they offer different opportunities. Temporary asylum is given to persons who are not entitled to refugee status, but who cannot be deported for humanitarian reasons.

The situation in migration policy is such that refugee status is now practically not granted. As of 01.01.2019, only 592 refugees were registered in Russia, of which only 166 were from Ukraine, where, as you know, since 2014, the military conflict in certain regions has not stopped.

In total, in 2017, only 33 persons were granted refugee status - the minimum number for the entire period of the law.

The statistics of persons with temporary asylum show that 01/01/2019 123,434 citizens lived in the Russian Federation Ukraine, which received a similar status.

One of the reasons for this picture, in addition to the unreasonable strictness of the migration policy of the Russian Federation in this area, is regional quotas. Every year, each region is provided with quotas for the provision of temporary asylum and the placement of refugees. Many regions have zero quotas.

Such entities include, for example:

• Moscow;
• Moscow region;
• Saint Petersburg;
• Crimea and Sevastopol, etc.

In 51 regions of the Russian Federation, not a single refugee was recorded, for example, in the Siberian Federal District there is not a single subject of the Russian Federation with refugees living. The overwhelming majority of them prefer to stay in the Central Federal District.

Grounds for obtaining refugee status

Citizens of other states and stateless persons have the right to apply for refugee:

• Already located on the territory of the Russian Federation;
• Crossing the state border;
• Those who are in a foreign state by contacting the embassy or consulate of the Russian Federation.

To obtain refugee status, a person must prove the fact of persecution in the country of departure for reasons of national, social or political hatred, or for reasons of religion or non-traditional sexual orientation. The bearer must face a personalized danger caused by these reasons, that is, directed personally at him or his family members.

The danger must be documented - only in this case the refugee is recognized as justified.

Also, the basis for granting the status is:

• Inability or unwillingness to take advantage of the protection of the state from which the applicant arrives;
• Inability or unwillingness to return to the country of departure for the above reasons.

How to apply for refugee status

The granting of refugee status will require any person to go through a certain procedure, without which it will not be possible to formalize this legal position.

Where and in what time frame to apply

The applicant must contact the state authorities of the Russian Federation. If a citizen of Ukraine is still on the territory of this country, then a request should be submitted to the embassy or consulate of the Russian Federation. If you are on the territory of the Russian Federation, you need to contact the Ministry of Internal Affairs - it is it who now deals with migration issues instead of the abolished FMS.

Any citizen of Ukraine has the right to stay freely in the Russian Federation for 3 months, subject to legal crossing of the border. Before the expiration of this period, he should contact the Ministry of Internal Affairs to legitimize his status in one way or another.

If the border crossing was illegal, that is, outside the official checkpoints, you need to contact the Ministry of Internal Affairs within 24 hours to submit an application.

Alternatively, you can contact the FSB border service during the same period. If desired, a person can contact the border guards right at the crossing point. The purpose of the visit is indicated in the migration card. The person has the right to indicate the purpose of the visit to obtain refugee status.

Required documents

The more valid documents a potential refugee provides, the easier it will be for him to arrange his life in Russia. But this does not mean that a complete package of documents is required to submit an application.

The minimum set will require:

• Statements;
• Civil passport or other identity card;
• Certificates of marriage and birth of children;
• Identity cards for other family members;
• Documentary evidence that a person is being persecuted at home for reasons that give the right to apply for status.

All documents must have a notarized translation into Russian. As for the citizens of Ukraine, the old-style civil passports have a page in Russian. So in this case no translation is required.

It is also necessary to provide a photograph of 30 x 40 mm.

Taking a survey

The survey, or questionnaire, is filled in by an employee of the Migration Directorate of the Ministry of Internal Affairs according to the person applying for refugee status. The questionnaire includes information about the applicant himself, family members and reasons for contacting.

The worker's questions may be unexpected, since one of their goals is to screen out persons who are not eligible for refugee claims.

The questionnaire includes data on children under 18 years of age.Persons who have reached the age of 18 are surveyed and apply for refugee status on a separate basis.

Submitting fingerprints

Fingerprinting is a necessary step in the process of applying for refugee status. The collection of fingerprints is intended to establish the identity of the applicant and his minor family members. If it turns out that the applicant has committed crimes on the territory of the Russian Federation, he will be refused to consider the application.

Passing a medical examination

According to the Administrative Regulations, persons applying for refugee status undergo a medical examination. The state duty for the passage is not charged. If the entry is denied, the applicant may be deported.

How long do they consider the application?

Bodies of the Main Directorate of Internal Affairs of the Ministry of Internal Affairs or consular bodies of the Russian Federation consider the application within 5 days. For residents of the Luhansk and Donetsk regions of Ukraine, the consideration period was shortened to 1 day. At the end of this period, the applicant is provided with a certificate of examination of the case or a refusal.

Obtaining a certificate

The certificate is valid for 3 months or until the decision is made. If the consideration is delayed, the validity period may be extended.

Within 3 months after the issuance of the certificate, the body of the Main Directorate of Internal Affairs of the Ministry of Internal Affairs considers the application and makes a decision. In case of a successful scenario, the applicant receives a refugee certificate, but in practice he hears a refusal more often.

Grounds for refusal

The reason for refusal may be non-compliance with the criteria for granting such status:

1. It was stated above that a person who is in danger and persecuted for reasons of political, racial, national or social strife and cannot find protection in his state can be recognized as a refugee. The conflict in Donbass is not subject to this law - formally, displaced persons can move to other regions of Ukraine and not endanger their lives. Domestic legislation refuses to grant refugee status to such persons;
2. The second point is that the above law is valid when there is a personalized danger to a person or his family members. It is almost impossible to prove that hostilities pose a danger to a specific person.

Therefore, most people who fled from the military conflict in Donbass are denied status, since they do not formally fit under the law. However, they have the right to count on temporary asylum on the territory of the Russian Federation.

Refugee status is not granted to the following categories of persons:

• War criminals and criminals against humanity;
• Who have committed a serious crime;
• Those who left the country of departure due to hunger, epidemics, disasters, etc .;
• If they were previously denied refugee status in the Russian Federation or in a country that has signed the Geneva Convention;
• Those who have already received a similar status in any state;
• Economic migrants;
• Married to a citizen of the Russian Federation;
• Those who did not provide information about themselves.

According to modern domestic legislation in the field of migration, an extremely limited circle of Ukrainian citizens can become refugees. This is also confirmed by statistics. Therefore, Ukrainians who fled the country because of the military conflict or because of political persecution should apply for temporary asylum. Despite the fact that it does not give such broad rights as refugee status, it is much easier to apply for it.