Foreign nationals are required to pass exams

We hereby inform you that on April 21st the President of the Russian Federation Vladimir Putin has signed the Federal Law from 20.04.2014 # 74-FZ “On Amending the Federal Law “On Legal Status of Foreign nationals in the Russian Federation Federal law is aimed at improving the immigration legislation of the Russian Federation in respect of the introduction of compulsory documentary evidence of the knowledge of the Russian language, history and the foundations of the legislation of the Russian Federation for foreign nationals.

Categories of foreign nationals who need to obtain documents which serve as an evidence of the aforementioned knowledge

Foreign nationals applying for:

• a temporary residence permit;
• a permanent residence permit;
• a work permit (except highly qualified specialists (HQS));
• a patent;

must submit a documentary evidence of the knowledge of the Russian language, Russian history and the foundations of the legislation of the Russian Federation.

Documents which can serve as an evidence of relevant knowledge

Submission of one of the following documents is considered an evidence of relevant knowledge:

• a certificate of the knowledge of the Russian language, knowledge of the history of Russia and the foundations of the legislation of the Russian Federation;
• educational degree issued by state educational institutions (no less than general basic education) issued by an educational institution located in the territory of the state which was part of the USSR up to September 1, 1991;
• educational degree and (or) qualification issued to persons who have successfully passed the state final examination in the territory of the Russian Federation from September 1, 1991.

The above-mentioned certificate is issued to foreign nationals who have passed the exam described below by educational institutions in the territory of the Russian Federation or those outside of it which are included in the list of educational organizations conducting the test of Russian as a foreign language (TORFL), Russian history and the foundations of the legislation of the Russian Federation. The certificate is valid for five years from its effective date.

Categories of foreign nationals who are exempt from obtaining documents proving availability of relevant knowledge

The following categories of foreign nationals are exempt from submission of an evidence of the knowledge of the Russian language, Russian history and the foundations of the legislation of the Russian Federation when applying for a temporary or a permanent residence permit:

• legally incompetent foreign nationals or legally incapacitated foreign nationals;
• foreign nationals who have not reached the age of eighteen (18) years;
• foreign nationals, men, who have reached the age of sixty-five (65) years;
• foreign nationals, women, who have reached the age of sixty (60) years;
• foreign nationals who are participants of the State Program to Assist Voluntary Resettlement of Compatriots Living Abroad to the Russian Federation and members of their families who are also participants of the aforementioned program;
• foreign nationals – highly qualified specialists (HQS) – and members of their families who apply for a permanent residence permit for highly qualified specialists (HQS).

The following categories of foreign nationals are exempt from submission of the knowledge of the Russian language, Russian history and the foundations of the legislation of the Russian Federation when applying for a work permit:

• highly qualified specialists (HQS) who are employed at the moment of applying;
• foreign nationals full-time students of professional educational organizations or educational institutions of higher education located in the territory of the Russian Federation according to state-accredited basic professional educational programs and employed at the moment of applying;
• journalists employed by organizations in the sphere of production and issue of mass media established for distribution of mass information in foreign languages.

Other

In the case of applying for a work permit, a foreign national who has arrived in the Russian Federation with a visa is required to submit a document evidencing the fact that this foreign national has knowledge of the Russian language, history of Russia and the legal framework of the Russian Federation to the territorial agency of the federal executive authority in the field of migration within thirty (30) calendar days from the date of the issuance of a work permit.

In case of failure by a foreign national to submit a document evidencing the fact that they have knowledge of the Russian language, history of Russia and the legal framework of the Russian Federation to the territorial agency of the federal executive authority in the field of migration within thirty (30) calendar days from the date of the issuance of a work permit, this work permit is canceled.

Foreign nationals who have obtained their permanent resident permits or work permits prior to January 1, 2015 should submit a document evidencing the fact that they have knowledge of the Russian language, history of Russia and the legal framework of the Russian Federation to the territorial agency of the federal executive authority in the field of migration, when applying for the renewal of a previously issued permanent resident permit or a work permit.

Entry into force

Federal Law from 20.04.2014 # 74-FZ “On Amending the Federal Law “On Legal Status of Foreign nationals in the Russian Federation” shall enter into force on January 1, 2015.

The exception is the provisions of the above-mentioned law regarding the procedure and formation of the requirements to obtain corresponding certificates. These regulations come into force on September 1, 2014.

Should you have any questions with regards to Russian immigration laws or require assistance contact TIM Services. Our lawyers would be pleased to serve you.

This legal alert notifies clients of TIM Services and other parties concerned of legislative changes as may have a bearing upon operations and be of special interest. This legal alert is not a legal opinion proper, nor may it replace the need of legal consultation in any specific instance.

Contact: migration@timservices.ru cell: +7 (495) 989-18-17