- According to the law "On the Legal Status of Foreign Citizens", there are three statuses for foreigners staying in Russia. The most common and accessible is temporary stay, when a foreigner can be in our country for up to three months. Citizens of almost all CIS countries can come to us without visas on the basis of bilateral agreements with Russia and within three days apply to the OVIR for registration. And the OVIR is obliged to register this person. Moreover, there are no grounds for refusal for those who legally entered Russia.
- For what reasons can law enforcement officers shorten the periods of stay?
- Reducing the periods is possible only in cases where the circumstances that allowed entry and the issuance of a visa have changed or ceased to exist. Moreover, such a decision must be made in writing and issued in the name of the head of the UVD. But in this case it is unclear - either the head of the OVIR is sincerely mistaken, or deliberately misleads the court. Only the citizen himself decides how long he will stay in Russia within the permitted 90 days. By the way, a similar rule exists in the Schengen zone countries. In the case of Shelukhin, the OVIR acts only as a registering body.
- Can a foreigner who has a legal spouse in Russia obtain permanent registration?
- If he has registration, he has the right to apply for a temporary residence permit. It is issued for a period of up to three years. True, with annual registration. In general, a temporary residence permit is issued within the quota annually established by the government. But our law specifies conditions when a temporary residence permit is granted outside the quotas. One of them is a legal marriage to a citizen of Russia and the presence of a place of residence.
- In what cases can a foreigner be deported?
- One of the reasons is the presence of two administrative offenses related to the stay regime. But I believe that in this case the offenses were "organized" for him. And the reason is only that Shelukhin sought compliance with the law by officials. It is clear that a person who defends his rights is not always convenient. The Zelenograd police simply pressured him, repeatedly detaining him for the same thing - lack of registration. The worst thing is that Shelukhin is now deprived of liberty under a court decision that has not entered into force, which we have appealed.
- Are there many similar cases?
- Certainly. It is especially important and timely to draw attention to this now. The law has formally been in effect for only a year. In fact, the same migration cards began to be issued only in February of this year. In general, according to lawyers, whose opinion I share, the law is an invalid from birth. But it was necessary first to familiarize law enforcement officers with it. Many policemen on the streets are not even familiar with the Constitution. At most, with two or three by-laws. Unfortunately, there is practically no judicial practice in such cases yet.