Legally incapacitated or with limited legal capacity

Residence permit for a foreign citizen recognized as legally incapacitated or with limited legal capacity

The right to submit an application and a package of documents for a residence permit (hereinafter referred to as a residence permit) in the Russian Federation without first obtaining a temporary residence permit also applies to the following categories of foreign citizens:

1. A person aged eighteen or older, recognized as legally incapacitated or with limited legal capacity under the laws of a foreign state, who obtains a residence permit together with their parent (adoptive parent, guardian, or trustee), who is a foreign citizen.
2. A person aged eighteen or older, recognized as legally incapacitated or with limited legal capacity under the laws of a foreign state, whose parent (adoptive parent, guardian, or trustee) is a foreign citizen and permanently resides in the Russian Federation.

Thus, a foreign citizen who is legally incapacitated or has limited legal capacity may obtain a residence permit if their legal representative (parent, adoptive parent, guardian, or trustee) either already holds a residence permit in the Russian Federation or is applying to obtain one. The application for a residence permit for the person under guardianship is submitted by their representative either at the same time as the representative's own application for a residence permit or after the representative has obtained one.

Practical examples:

An Estonian citizen holding a residence permit in Russia may apply for a residence permit for their legally incapacitated ward, bypassing the stage of obtaining a temporary residence permit (TRP).

A family of Lithuanian citizens, including an adult child judicially declared legally incapacitated, moves to Russia. When applying for residence permits for themselves, the parents, as guardians, may also submit an application for a residence permit for their legally incapacitated child at the same time.

Document submission procedure: To obtain a residence permit pursuant to subparagraphs 5 and 6 of paragraph 2 of Article 8 of Federal Law No. 115-FZ of 25.07.2002 “On the Legal Status of Foreign Citizens in the Russian Federation”, the legal representative of a foreign citizen who is legally incapacitated must apply to the territorial office of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of Russia at the place of stay.

Document package
The current list of required documents can be downloaded here

List of documents for applying for a residence permit for a foreign citizen aged eighteen or older who, under the laws of a foreign state, has been recognized as legally incapacitated or with limited legal capacity and is obtaining a residence permit together with a parent (adoptive parent, guardian, or trustee) who is a foreign citizen.

For a foreign citizen aged eighteen or older who, under the laws of a foreign state, has been recognized as legally incapacitated or with limited legal capacity, and whose parent (adoptive parent, guardian, or trustee) is a foreign citizen and permanently resides in the Russian Federation

1. Application in 2 copies (printed double-sided).

The application must be completed electronically or by hand in legible block letters, in black, blue, or violet ink, without corrections, marks, or unofficial abbreviations. All fields that are mandatory must be completed.

If the application does not have enough lines, additional information may be provided on a separate sheet attached to the application, following the format of the relevant field and necessarily stating the applicant’s first name, surname, and patronymic (if any) on the attachment.

If the application is submitted on paper directly to the migration office, the applicant must sign it in the presence of the official receiving applications.

2. Document certifying the applicant’s identity.

At the time of application, the document must remain valid for at least the application processing period. 

If the applicant is a citizen of the Russian Federation, they must submit a passport of a citizen of the Russian Federation certifying their identity within the territory of the Russian Federation.

3. Migration card and detachable part of the arrival notification form for a foreign citizen or stateless person at their place of stay — migration registration.

4. Birth certificate of the foreign citizen for whom the residence permit application is being submitted.

5. Documents confirming changes to personal details.

(Marriage certificate, divorce certificate, or certificate from the Civil Registry Office in the event of repeated surname changes, or a certificate of change of name.)

6. A document confirming the absence of a criminal record or, if there is one, containing information about the offence for which the applicant was convicted.

This document is not required from a foreign citizen who arrived in the Russian Federation under a visa-free entry procedure.

(If applying for a residence permit after obtaining a TRP, this certificate does not need to be submitted again.)

7. A document confirming that the foreign citizen is able to support themselves and their family members in the Russian Federation at no less than the subsistence minimum, without relying on state assistance (except for foreign citizens recognized as unable to work), in an amount of at least 4 regional subsistence minimums (if the certificate is from Sberbank, it must be form 297).*

* Such documents include:

- certificate of income and personal income tax amounts (formerly 2-NDFL);

- pension certificate;

- certificate from the territorial office of the Pension Fund of the Russian Federation confirming that a pension has been established;

- confirmation of receipt of alimony;

- income certificate for the person supporting the applicant;

- certificate confirming a bank deposit, stating the account number and deposit amount;

- another document confirming receipt of income from activities not prohibited by law or inability to work.

8. Documents confirming that the foreign citizen does not have drug addiction or infectious diseases that pose a danger to others, as well as a certificate confirming that the applicant does not have human immunodeficiency virus (HIV) infection.

9. The following are exempt from confirming their knowledge of Russian, Russian history, and the fundamentals of the legislation of the Russian Federation when applying:

    • foreign citizens who are legally incapacitated or have limited legal capacity.

10. Identity document of the foreign citizen for whom an application for the issuance or replacement of a residence permit is being submitted.

    • A document issued by an authorized body of a foreign state or the Russian Federation confirming that the foreign citizen has been declared legally incapacitated or has limited legal capacity.

    • Documents confirming the authority of the adoptive parent, guardian, or trustee.

11. Personal photographs 35х45mm – 4 copies (matte, black and white or color).

Stateless persons must submit two photographs.

12. Receipt for payment of the state fee.

13. A document confirming that the foreign citizen has residential premises on grounds provided for by the legislation of the Russian Federation, where the rights are not registered in the Unified State Register of Real Estate,

- if the foreign citizen submits an application for a residence permit after three years have elapsed from the date of entry into the Russian Federation.

All the documents listed must be submitted as photocopies together with the ORIGINALS.

Copies of original documents must be of good quality, easy to read, and contain all the information presented in the original document. Copies must be made on standard A4 sheets and must not be cut with scissors to match the size of the original.

The public service processing period is 4 months.

When the documents are accepted, a certificate confirming acceptance of the application for review is issued.

If acceptance of the residence permit application is refused, a certificate stating the reason is issued.

    • If documents (passport, birth certificate, etc.) give different spellings of geographical names, documentary confirmation of the renaming may be required. Such a certificate can also be obtained by proxy from the Russian State Library.

All official documents issued by foreign authorities in a foreign language must be legalized, translated, and notarized.

For countries party to the 1961 Hague Convention:

• The original document must be certified with an apostille in the country where it was issued.

• The document and the apostille affixed to it must be translated into Russian.

• The translation must be certified by a notarial endorsement by a notary in the Russian Federation.

  For countries that are not parties to the Hague Convention:

    • Documents must undergo consular legalization through the consular offices of the Russian Federation abroad or the Consular Department of the Russian Ministry of Foreign Affairs.

Documents drawn up in a foreign language must be translated into Russian.

If a document is drawn up in several languages and Russian is not among them, a translation from one language chosen by the applicant must be submitted. The accuracy of the translation or the authenticity of the translator’s signature must be notarized in accordance with the procedure established by the legislation of the Russian Federation on notaries.

Pursuant to Article 8, paragraph 2, subparagraphs 5 and 6 of Federal Law No. 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation