The COP was ordered to renew the Russified foreigners residence permit
St. PETERSBURG, may 30 — RAPSI, Michael Telehov. The courts are not entitled to formally state the legality of the refusal of the authorities of the Federal migration service to extend to foreigners the term of the residence permit, if during the examination it is established that between them and the Russian Federation have a long stable relationship, due to his prolonged stay in the country, according to the ruling of the constitutional court (CC) of the Russian Federation.
Also, the court noted that this does not exclude the possibility of making the existing procedure of legalization of stay for foreign citizens in the Russian Federation clarifications or additional terms and conditions that, based on the requirements of the Constitution of the Russian Federation and legal positions of the constitutional court specifically identified the legal consequences of missing a foreign citizen, long resident in the country, the timing of application for renewal of a residence permit.
The corresponding position of the COP was approved after verification of constitutionality of paragraphs 1 and 3 of article 8 of the Federal law “On legal status of foreign citizens in the Russian Federation” in connection with the complaint of the citizen of the Socialist Republic of Vietnam Nguyen trong Hai. The decision was based on previous legal positions of the court.
As follows from the case materials, a Vietnamese Citizen living in Russia for more than 30 years — in 1999 his daughter was born in 2000 he married her mother. He lived in Russia on the basis of a residence permit that is not timely renewed. All attempts of the Vietnamese to restore the term for filing of documents for obtaining a residence permit was not successful. The FMS and the courts refused him almost expelled from the country, and he appealed to the constitutional court.
In its decision the constitutional court noted that Chong Hai live in Russia for a long time and he has repeatedly extended the residence permit.