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How to obtain asylum in Russia?


Which categories of foreigners are entitled to apply for temporary asylum in Russia?

What documents need to be collected for this?
For what reason can a foreigner be refused temporary asylum?
We will talk about this in our news.

Who can use temporary asylum?
Temporary asylum in Russia can be obtained by foreigners and stateless persons who have every reason to obtain refugee status, but limit themselves only to a statement requesting temporary stay in Russia.

Such a foreigner has the right to choose: obtaining refugee status or refusing it in exchange for the right of temporary stay in Russia, who do not have grounds for obtaining refugee status.
For humanitarian reasons, they cannot be expelled outside the Russian territory. For example, if there is a threat to the life and health of the foreigner in their homeland, they may be subjected to persecution and inhumane treatment in the country of residence.
Thus, Russia provides temporary asylum to foreigners by recognizing them as refugees or granting temporary asylum?
By the way, we talked about extending the period of stay without the migrant’s participation in this news. 

Procedure for obtaining a temporary asylum certificate.

Applicants for temporary asylum must.

Step one. Submit an application for granting temporary asylum to the person and the family members who arrived with them.
The application is submitted to the territorial office of the Ministry of Internal Affairs at the place of stay. Submission of an application in electronic form is not provided.
If the foreigner is abroad, a petition is submitted to the Russian embassy or consulate.

Step two. Attach to the application a petition for asylum and documents confirming the facts stated in it.
For example, witness testimony, decisions of the authorities on persecution, a document proving the applicant’s identity, documents of their family members.
For example, birth certificates of children, marriage certificates.
Two photographs on matte paper in black and white or color with a clear full-face image without a head covering, size 35×45 mm.
All documents completed in a foreign language must have a notarized translation into Russian.

Step three. Interview with Ministry of Internal Affairs officers and filling out a questionnaire and survey form.

Step four. The applicant and the family members who arrived with them must undergo mandatory fingerprinting and photographing at the Ministry of Internal Affairs at the place of stay. Mandatory medical examination.

After submitting the documents, the territorial office of the Ministry of Internal Affairs conducts verification of the information of the applicants and the family members who arrived with them.
The territorial office of the FSB is sent information about the applicant and their family members.
The period for making a decision on granting temporary asylum is no more than 3 months from the date of submitting all the documents, and the certificate is issued within two working days and is given for one year with the possibility of extension.
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Special procedure for granting temporary asylum for citizens of Ukraine, DPR, LPR and stateless persons permanently residing in the territory of these countries.
A simplified procedure for granting temporary asylum applies.
It is important to know that the simplified procedure does not apply to foreigners who requested asylum in the territory of the Moscow region and the city of Moscow.
Exceptions include citizens who live in residential premises with relatives — parents, children, grandfathers, grandmothers, grandchildren, brothers, sisters, Russian citizens.
The decision to grant temporary asylum is made by the Ministry of Internal Affairs within no more than three working days from the date of application, and only one working day is allotted for issuing the certificate itself.
If these citizens do not have valid identity documents, then consideration of the application is delayed for at least 3 months.
In this case, the Ministry of Internal Affairs carries out the procedure of establishing identity. After the completion of such procedure, a conclusion on identity establishment is issued.
By the way, we promptly report all important news and changes in the migration sphere in our social networks. 

Common reasons for refusal to grant temporary asylum.
If a foreigner has not proved that they belong to one of the main risk groups who may be subjected to persecution on various grounds, engaged in political, religious, or public activities, or was subjected to persecution by the official authorities of the state, then they will be refused temporary asylum.
For example, a foreigner from Afghanistan tried to challenge the refusal to extend temporary asylum, but lost the court case.
The judges concluded that living in Russia with adult children is not a basis for granting temporary asylum, and fear for one's life due to the socio-political situation in their country is not higher than that of the general population.
When resolving disputes regarding refusal of asylum, the courts assess the presence of direct threats to life or health upon possible return to the homeland.
For example, a person claimed persecution for unauthorized absence from military service in Afghanistan. However, he left the country freely with valid identity documents. The authorities of the country or certain groups of the population did not impede his departure.
His parents did not receive threats due to his previous service activities.
They did not leave Afghanistan in search of asylum, therefore the court recognized the refusal to grant temporary asylum as lawful.

To summarize. For foreigners and stateless persons who cannot or do not want to return to their homeland, temporary asylum may be granted.
Its obtaining allows such people to temporarily stay in the Russian territory on legal grounds.
The decision to grant temporary asylum in a simplified procedure is made within three working days instead of 3 months, as in the regular procedure.

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Natalia Kovalenko

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Mehman Asadzade

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