Reasons for Cancellations of RVP in Russia

Reasons why an RVP or residence permit may be annulled. Common reasons include document forgery, providing knowingly false information about oneself, inability to support oneself and one’s family at the subsistence minimum level, exception — recognition of the foreigner as incapacitated. Participation in terrorism and extremism, being outside Russia for more than 6 months during a calendar year. Exception — illness or death of a close relative, emergency medical treatment or a business trip, having two or more administrative offenses in the Russian Federation, refusal to undergo fingerprinting, entering into an invalid marriage with a Russian citizen that was declared void by the court.

The existence of a court sentence in criminal cases. Appealing a decision of supervisory authorities. A decision to annul an RVP or residence permit can be appealed in an administrative or judicial procedure. In the first case, the complaint is submitted to the territorial division of the Ministry of Internal Affairs within three working days from the moment such a decision is received. By the way, we talked about how to obtain a residence permit in Russia in a simplified manner by profession in this blog. 

The complaint must contain the name of the division or its official whose decision is being appealed, information about the migrant, place of residence, contact phone number, email address and postal address where the applicant may receive a response. The details of the appealed decision of the territorial body of the Ministry of Internal Affairs, the arguments on which the migrant disagrees with the decision to annul the RVP or residence permit.

In the second case, the claim is filed with the court within 3 months from the moment of receiving the notification of document annulment.

Judicial practice on appealing the annulment of a residence permit.

Example number one — the migrant lost.
Before being issued a residence permit, the person had already been repeatedly brought to administrative responsibility. When receiving the residence permit, the foreigner was given a statement confirming that he was familiar with the grounds for its annulment. Nevertheless, within 2 months, the migrant committed administrative offenses. Living without registration at the specified address, for which he received a fine of 2,000 rubles. He did not submit to the territorial body of the Ministry of Internal Affairs at his place of residence a notification confirming his residence in Russia, for which he was also fined 2,000 rubles. After this, the Ministry of Internal Affairs made a decision to ban his entry into Russia for 5 years. The migrant was not saved in court by the fact that the decision was never sent to his address, nor by the presence of a mutual child with a Russian citizen.

Example number two — the migrant lost.
The person stayed outside Russia for more than 6 months in Azerbaijan due to activities related to military registration, obtaining a military ID, and undergoing necessary medical examination procedures. The citizen applied to a medical organization, but not due to the need for emergency medical care. No evidence was provided to the court that the illnesses of his mother, who required constant assistance due to their severity, prevented his return. The judges considered that knowledge of the Russian language and the absence of information about violations of Russian legislation do not exclude the possibility of annulling a Russian residence permit.

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Judicial practice on appealing the annulment of an RVP.

Example number three — the migrant won.
When submitting an application for an RVP, the migrant indicated an incorrect address of his brother in the section containing information about family members or relatives. Later, specialists from the Ministry of Internal Affairs, based on data from the migration registration information system, discovered the fact of providing false information regarding a close relative, namely the brother. On this basis, a decision was made to annul the RVP. In court, the person explained the incorrect information by stating that he did not intend to hide the address of his brother’s residence or actual stay, with whom he had long lost contact, so he indicated an address he previously knew. These arguments convinced the judges, because the presence or absence of this information did not influence the decision to issue the RVP, and the migrant had no intention of providing knowingly false information.

Example number four — the migrant lost.
The person received an offer to enter into a fictitious marriage with a Russian citizen for a fee of 60,000 rubles for the purpose of obtaining an RVP. The payment for the service was transferred to a bank card. The court declared the marriage fictitious. After the marriage was concluded, the spouses did not live together and did not run a shared household. The RVP was annulled.