About Oleg Khokhlov Expertise I`ll be glad to answer your questions about basics of
russian legislation and organization of State. You can
ask specific questions about problems with entry to
Russia,trade regulations,customs formalities,investment`s
protection.
Experience I have 3-year practice of legal consulting for
private investors and traders from USA,Austra-
lia and countries of European Union.
Other legal experience includes citizenship problems, international family law,civil trials.
Education/Credentials USIA Fellowship
George Soros Fund Fellowship
Question Hello Oleg,
I have been searching the internet for hours trying to find help with my problem. I am happy I found you.
Background:
I am an American Citizen. My wife is from Moscow. After we got married we lived in Moscow for 2 years from 1997-1999. In order for me to be able to live in Moscow during those two years, we went through the lengthy process of getting me Moscow registration and a Russian Green card (Vid Na Zhitelstvo)
In 1999 we went to the States for my schooling. We were told by a worker at the Central UVIR in Moscow that if we overstayed our exit visa, then we would only have to provide an explanation of why I over stayed my exit visa and pay a fee once we returned as long as I returned on a tourist visa, then my expired green card would be reinstated.
We planned on moving back to Moscow on Jan 5th 2006 and spent the last 2 months selling off everything that we could not carry with us.
We arrived here on Jan 5th and within a couple of days we registered my visa.
Today we went to the Central UVIR to find out what we needed to do to get my green card re-instated or if we needed to re-apply for a new green card since mine expired in 2003.
Problem:
After a quick phone call the lady at the information window at the central UVIR told us that I had to live in the country for one year before I could apply for another green card. This was ok with me, but then the lady said that first I had to apply for a temporary right to stay in the country (razresheniye na prozhivaniye) Which could take up to 6 months to get processed and that I could not stay in Russia legally until this paper was ready. When we told her that we did everything exactly as instructed by previous workers there, she simply said that the laws have changed.
It sounds like with the one year stay in Russia before I can apply for a new green card is because UVIR wants me to prove that I will stay in the country and not let my green card expire again, but they want me out of the country until the temporary right to stay (razresheniye na prozhivaniye)is ready. That would be fine if I was rich American like all Russians believe and I could just return back to the States until the 6 month period is over, but we sold everything we had and we have nothing in America that I can return to, plus I would have to leave my wife and 5 year old daughter (both have Russian citizenship) here while I go live on the streets in America while I wait.
My question is:
Is this law, about having to leave Russia for 6 months a real law or did the lady make it up? It seems silly to have to leave the country if I am to prove that I will stay in Russia. And where online can I find information about Russian immigration laws? So I can know the truth for myself.
We wanted to live and raise our daughter here in Moscow. This has been our choice for many years. We have done so much to get here, and then to receive a slap in the face. If there is no other way for me to stay legally, then we will not only have a home to live in, but no country to live in as well. We had no idea the laws had changed and there should be some provision for those who left before the laws took effect.
Thanks for your help.
Sincerely,
Jon
Answer Dear Jon,
First of all, don't panic - there are lots of options and one of them should be suitable for you.
1. The basic thing is that if you are in marriage for more than 3 years with your wife, who has a Russian citizenship, you should not go through a lengthy procedure of obtaining even the Russian citizenship as such. You qualify for so called simplified order of obtaining a Russian citizenship under Article 14.2 of The Federal Law "On the Russian citizenship" - legally the procedure should take up to 6 months (I'm not aware of the terms in terms of real practice).
2. Of course, while your documents under consideration you indeed should have some legal status to be in Russia - I would suggest to consider 12 months business visa, especially if you can find a job that can help you with formalities - again you will be out of work permits quota restrictions, because of your wife.
3.If business visa would be impossible you can have touristic visa and after short visit to US, re-apply for another visa and return to Moscow.
4. I doubt that you can use your previous status somehow if you have legally lost it as result of living abroad for more than 6 months that leads to automatic annulation of "vid na zhitelstvo".
5. I would suggest to contact practitioners of this area. My UK law firm choice is Andrews Travel House - www.ath.ru, another reputable company is Interstate Migration Center under Russian Chamber of Commerce - www.mmc-rspp.
Feel free to contact me at oleghohlov@hotmail.com
I would be interested to know the final result of your searches for your new Motherland.
Welcome to Russia - it is a nice place, if you know the Rules and even important the "rules" and the "back-doors".
