The New Requirement For Russian Nationals To Declare Dual Citizenship Or Long-Term Residence Abroad

Federal Law No. 142-FZ on Amendment of Articles 6 and 30 of the Federal Law on Russian Federation Citizenship and Individual Regulations of the Russian Federation, which took effect on 4 August 2014, makes it a criminal offence for Russian nationals to conceal dual citizenship or long-term residence abroad. Russian nationals, regardless of whether they currently live in Russia or elsewhere, are required to notify the Federal Migration Service in Russia of any citizenship or permanent residence permit they hold in another country. Only persons who can demonstrate that they officially and permanently reside outside Russia by means of a deregistration stamp in the Russian passport or a document (листок убытия) that confirms their permanent address abroad are exempt from the requirement.

Failure to submit a notification within 60 days of obtaining permanent residence or citizenship abroad (or within 60 days of the law coming into force in the case of existing arrangements) is punishable by a fine of RUB 200,000, or one year's salary or other income, or by compulsory community service of up to 400 hours.  Additional fines of between RUB 500 and RUB 1,000 may be imposed for minor administrative violations.

The law will not take effect for residents of Crimea until 1 January 2016.

Within Russia notification must be made at an office of the Federal Migration Service or a Russian Post Office. Notification for people under the age of 18 years must be made by a parent/legal representative. Notification must include:

  • full name;
  • date and place of birth;
  • permanent place of residence;
  • Russian passport number (the passport must be produced at the time of notification);
  • name, number and date of issuance of the foreign passport, citizenship document or permanent residence permit;
  • date and reason for granting of the foreign passport, citizenship document or permanent residence permit;
  • details of any extension period of foreign permanent residence permit or receipt of new residence documents;
  • details of any application made to a foreign country for citizenship or permanent residence.

According to the website of the Federal Migration Service of Moscow, notification forms will be available from all district offices of the Federal Migration Service.

The law includes only the procedure for notification within Russia. It is not clear whether this means that notifications may only be made in Russia, requiring overseas residents to return in order to make the notification, or whether Russian consulates abroad will accept notifications. Individuals affected should check with the Russian consulate of the country they are in.

It is important to note that the new law does not make it illegal to hold dual citizenship (which is forbidden by many other countries) or to reside abroad. It merely requires individuals to disclose such arrangements, which are frequently abused in order to evade taxes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.