It is registered
Ministry of Justice
Russian Federation
On September 24, 2012 No. 25522
of July 17, 2012 No. 12077
About approval of the Regulations on procedure for execution by the Ministry of Foreign Affairs of the Russian Federation of invitations to entry into the Russian Federation to foreign citizens and stateless persons, and also decision makings about issue of visas to foreign citizens and stateless persons
According to article 25 of the Federal law "About Procedure for Departure from the Russian Federation and Entry into the Russian Federation" of 15.08.1996 No. 114-FZ (Russian Federation Code, 1996, No. 34, Art. 4029; 1998, No. 4, Art. 531, No. 30, Art. 3606; 1999, No. 26, Art. 3175; 2003, No. 2, Art. 159, No. 27, Art. 2700; 2004, No. 27, Art. 2711; 2006, No. 27, Art. 2877, No. 31, Art. 3420; 2007, No. 1, Art. 29, No. 3, Art. 410, No. 49, Art. 6071, No. 50, Art. 6240; 2008, No. 19, Art. 2094, No. 20, Art. 2250, No. 30, Art. 3583, Art. 3616, No. 49, Art. 5735, Art. 5748; 2009, No. 1, Art. 30, No. 7, Art. 772, No. 26, Art. 3123, No. 52, Art. 6407, Art. 6413, Art. 6450; 2010, No. 11, Art. 1173, No. 15, Art. 1740, Art. 1756, No. 21, Art. 2524, No. 30, Art. 4011, No. 31, Art. 4196, No. 52, Art. 7000; 2011, No. 1, Art. 16, Art. 28, Art. 29, No. 13, Art. 1689, No. 15, Art. 2021, No. 17, Art. 2321, No. 50, Art. 7339, Art. 7340, Art. 7342), article 16 of the Federal law "About Legal Status of Foreign Citizens in the Russian Federation" of 25.07.2002 No. 115-FZ (Russian Federation Code, 2002, No. 30, Art. 3032; 2003, No. 27, Art. 2700, No. 46, Art. 4437; 2004, No. 35, Art. 3607, No. 45, Art. 4377; 2006, No. 30, Art. 3286, No. 31, Art. 3420; 2007, No. 1, Art. 21, No. 49, Art. 6071, No. 50, Art. 6241; 2008, No. 19, Art. 2094, No. 30, Art. 3616; 2009, No. 19, Art. 2283, No. 23, Art. 2760, No. 26, Art. 3125, No. 52, Art. 6450; 2010, No. 21, Art. 2524, No. 30, Art. 4011, No. 31, Art. 4196, No. 40, Art. 4969, No. 52, Art. 7000; 2011, No. 1, the Art. 29, the Art. 50, No. 13, the Art. 1689, No. 17, the Art. 2318, the Art. 2321, No. 27, the Art. 3880, No. 30, the Art. 4590, No. 47, the Art. 6608, No. 49, the Art. 7043, the Art. 7061, No. 50, the Art. 7342, the Art. 7352), subitem 26.3 of Item 6 of the Regulations on the Ministry of Foreign Affairs of the Russian Federation approved by the Presidential decree of the Russian Federation of 11.07.2004 No. 865 "Questions of the Ministry of Foreign Affairs of the Russian Federation" (The Russian Federation Code, 2004, No. 28, Art. 2880; 2005, No. 19, Art. 1782, No. 43, Art. 4371; 2007, No. 38, Art. 4511; 2008, No. 37, Art. 4181, No. 43, Art. 4921; 2009, No. 1, Art. 91, No. 45, Art. 5323; 2010, to No. 6, of the Art. 628, No. 18, of the Art. 2213, No. 19, of the Art. 2302, No. 29, of the Art. 3906), I order:
1. Approve the enclosed Regulations on procedure for execution by the Ministry of Foreign Affairs of the Russian Federation of invitations to entry into the Russian Federation to foreign citizens and stateless persons, and also decision makings about issue of visas to foreign citizens and stateless persons.
2. Recognize to invalid:
the order of the Ministry of Foreign Affairs of the Russian Federation of June 10, 2008 No. 7203 "About approval of Administrative regulations of execution of the state function on execution of invitations, and also decision making about issue of visas to foreign citizens and stateless persons" (registration No. 11963) is registered by the Ministry of Justice of the Russian Federation on July 10, 2008;
Item of 5 changes and additions made to regulatory legal acts of the Ministry of Foreign Affairs of the Russian Federation, approved by the order of the Ministry of Foreign Affairs of the Russian Federation of August 3, 2009 No. 12631 (registration No. 14762) is registered by the Ministry of Justice of the Russian Federation on September 14, 2009;
the order of the Ministry of Foreign Affairs of the Russian Federation of January 28, 2010 No. 1027 "About modification of the Administrative regulations of execution of the state function on execution of invitations, and also decision making about issue of visas to foreign citizens and stateless persons approved by the order of the Ministry of Foreign Affairs of the Russian Federation of June 10, 2008 No. 7203" (registration No. 16614) is registered by the Ministry of Justice of the Russian Federation on March 15, 2010;
the order of the Ministry of Foreign Affairs of the Russian Federation of June 3, 2010 No. 8281 "About modification of the Administrative regulations of execution of the state function on execution of invitations, and also decision making about issue of visas to foreign citizens and stateless persons approved by the order the MFA of Russia of June 10, 2008 No. 7203" (registration No. 18005) is registered by the Ministry of Justice of the Russian Federation on July 30, 2010.
3. To impose control of execution of this order on the First Deputy Minister of Foreign Affairs of the Russian Federation.
Minister
S. Lavrov
Approved by the Order of the Ministry of Foreign Affairs of the Russian Federation of July 17, 2012 No. 12077
1. The regulations on procedure for execution by the Ministry of Foreign Affairs of the Russian Federation of invitations to entry into the Russian Federation to foreign citizens and stateless persons, and also decision makings about issue of visas to foreign citizens and stateless persons (further - the Provision) are published according to the Vienna convention on the consular intercourses of April 24, 1963. (The decree of Presidium of the Supreme Council of the USSR of 16.02.1989 No. 10138-XI about accession of the USSR to the Vienna convention; Collection of international treaties of the USSR. Issue XLV. - M, 1991. page 124 - 147), the Federal Law of August 15, 1996 No. 114-FZ "About procedure for departure from the Russian Federation and entry into the Russian Federation", the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation", the Regulations on the Ministry of Foreign Affairs of the Russian Federation approved by the Presidential decree of the Russian Federation of July 11, 2004 No. 865, international treaties of the Russian Federation also establishes procedure for registration by the Ministry of Foreign Affairs of the Russian Federation (further - the Ministry) invitations to entry into the Russian Federation to foreign citizens and stateless persons, and also decision makings about issue of visas to foreign citizens and stateless persons.
2. The invitation to entry into the Russian Federation - the document, including the electronic document which is the basis for issue to the foreign citizen or the person without citizenship of the visa or the basis for entry into the Russian Federation according to the procedure, not requiring receipt of a visa, in the cases provided by the Federal Law or the international treaty of the Russian Federation (further - the invitation) <1>.
--------------------------------
<1> According to article 2 of the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation".
3. The decision on issue of visa to entry into the Russian Federation to the foreign citizen or the stateless person (further - the decision on issue of visa) goes to diplomatic representation or consular establishment of the Russian Federation and is the basis for issue to the foreign citizen or the person without citizenship of the visa.
4. In case of decision making about refusal in issue of the invitation or refusal in decision making about issue of visa to the foreign citizen or the stateless person to it it is issued the notification on refusal in issue of the invitation or about refusal in decision making about issue of visa to the foreign citizen or the stateless person (goes) (further - the notification on refusal).
5. Invitations are issued by Consular department of the Ministry of the petition of applicants who are:
- federal bodies of the government;
- diplomatic representations and consular establishments of foreign states in the Russian Federation;
- the international organizations and their representations in the Russian Federation, and also representations of foreign states under the international organizations which are in the Russian Federation;
- public authorities of subjects of the Russian Federation.
The recommended sample of the petition for issue of the invitation to entry into the Russian Federation is given in appendix No. 1 to the Provision.
6. The decision on issue of visa is made by the head of department of Consular department of petitions of the applicants specified in Provision Item 5.
Recommended samples of the petition for decision making on entry into the Russian Federation and decisions on issue of visa are given respectively in appendices No. 2 and No. 3 to the Provision.
7. In the course of issue of invitations, and also decision making about issue of visa the Ministry interacts with Federal Security Service of the Russian Federation (further - FSB of Russia).
8. For receipt of the invitation, and also decision making about issue of visa the applicant represents to Consular department of the Ministry on paper:
- the petition constituted in Russian;
- the copy of the identity document of the invited foreign citizen or the stateless person and recognized by the Russian Federation in this quality which effective period, as a rule, shall not expire earlier than in 6 months from expiry date of the visa;
- the guaranty letter of inviting party about acceptance on obligations on material, medical and housing security of the invited foreign citizen or the stateless person for its stay in the Russian Federation.
9. For receipt of the invitation, and also decision making about issue of visa electronically the applicant directs the following documents in electronic form:
- the petition constituted in Russian;
- the copy of the identity document of the invited foreign citizen or the stateless person and recognized by the Russian Federation in this quality which effective period, as a rule, shall not expire earlier than in 6 months from expiry date of the visa;
- the guaranty letter of inviting party about acceptance on obligations on material, medical and housing security of the invited foreign citizen or the stateless person for its stay in the Russian Federation.
10. Filling of the petition is made by hand (is legible) or with use of technical means. When filling the petition corrections, use of reducings and abbreviations are not allowed.
11. In case of the appeal to the Ministry of diplomatic representation or consular establishment of foreign state or representative office of the international organization in the Russian Federation decision making about issue of visa is performed based on the corresponding address (verbal note) without provision of documents, stipulated in Item the 8th this provision and without use of electronic forms.
12. The term of execution of the invitation shall not exceed 30 days (including approval of FSB of Russia) from the date of submission of the petition and the necessary and properly processed documents attached to it.
13. Decision making term about issue of visa shall not exceed 16 days (including approval of FSB of Russia) from the date of submission of the petition and the necessary and properly processed documents attached to it if other is not provided by the international treaty of the Russian Federation.
14. In documents acceptance, necessary for issue of the invitation, and also decision making about issue of visa refuses in cases if: - the incomplete set of the documents provided by Provision Items 8 and 9 is provided;
- in documents there are corrections, reducings and abbreviations are used.
15. In issue of the invitation, and also decision making about issue of visa refuses if the invited foreign citizen or the stateless person:
- used false documents or reported obviously false data on themselves or on the purpose of the stay in the Russian Federation;
- have not removed or unspent conviction for making of intentional crime in the territory of the Russian Federation or beyond its limits, recognized by that according to the Federal Law;
- two and more times within three years were brought to the administrative responsibility in accordance with the legislation of the Russian Federation for making of administrative offense in the territory of the Russian Federation, except as specified, when the Federal Law provides prohibition on entry into the Russian Federation of the foreign citizen or the stateless person after single making of administrative offense by them in the territory of the Russian Federation;
- during the previous stay in the Russian Federation evaded the paying taxes or administrative penalty or did not refund the expenses connected with administrative expulsion out of limits of the Russian Federation or with deportation - before implementation of the corresponding payments in full;
- during the previous stay in the Russian Federation were in the Russian Federation owing to their transfer by foreign state of the Russian Federation according to the international treaty of the Russian Federation on readmission, - within five years from the date of transfer according to the specified agreement.
In issue of the invitation, and also in decision making about issue of visa refuses also if:
- it is necessary for the purpose of ensuring defense capability or safety of the state, either public order, or protection of health of the population;
- during the previous stay in the Russian Federation the foreign citizen or the stateless person were exposed to administrative expulsion out of limits of the Russian Federation, were deported or were transferred by the Russian Federation to foreign state according to the international treaty of the Russian Federation on readmission, - within five years from the date of administrative expulsion out of limits of the Russian Federation, deportation or transfer to foreign state according to the international treaty of the Russian Federation on readmission;
- the foreign citizen or the stateless person have the outstanding or not removed criminal record for making of heavy or especially serious crime in the territory of the Russian Federation or beyond its limits, recognized by that according to the Federal Law; - the decision on undesirability of its stay (residence) in the Russian Federation is made on the invited foreign citizen or the stateless person.
16. Execution of the invitation, and also decision making about issue of visa includes the following stages:
- acceptance, document registration and forming of case;
- technical accomplishment;
- direction of the decision on issue of visa or issue of the invitation;
- issue (direction) of the notification on refusal.
17. The basis for acceptance, document registration and forming of case is giving by the applicant in Consular department of the Ministry of complete set of documents, stipulated in Item 8 Provisions, or complete set of documents, stipulated in Item 9 Provisions in case of the address of the applicant electronically, to the official responsible for acceptance and document registration.
18. The official responsible for acceptance and document registration checks availability of all necessary documents, lack in them of corrections, use of reducings or abbreviations.
The fact of such check is certified by the signature of the official.
In case of the address of the applicant electronically the official responsible for acceptance and document registration checks availability of complete set of the documents specified in Provision Item 9.
19. In case of availability of the bases for refusal in documents acceptance the official responsible for acceptance and document registration explains to the applicant of cause of failure and returns the submitted documents.
In case of the address of the applicant electronically the official responsible for acceptance and document registration gives this information to the applicant by the direction of the notification electronically.
20. In case of lack of the bases for refusal in documents acceptance the official responsible for acceptance and document registration creates case, registers case in the database, assigning it individual registration number, determines category, frequency rate, type, effective period of the drawn-up visa and enters such information in the created case, draws up and issues to the applicant the certificate of documents acceptance with indication of file number, dates of documents acceptance, readiness date of the invitation or date of the direction in foreign institution of electronic specifying about issue to the foreign citizen or stateless person of the visa.
In case of the address of the applicant electronically in case of lack of the bases for refusal in documents acceptance the official responsible for acceptance and document registration creates case, registers case in the database, assigning it individual registration number, determines category, frequency rate, type, effective period of the drawn-up visa and enters such information in the created case, sends to the applicant the certificate electronically of documents acceptance with indication of file number, dates of documents acceptance, readiness date of the invitation or date of the direction to diplomatic representation or consular establishment of the Russian Federation of electronic specifying about issue to the foreign citizen or stateless person of the visa, notifies the applicant on need to submit the complete set of paper documents in time which is not exceeding 3 days from the date of the direction of documents electronically.
21. The official responsible for acceptance and document registration submits the created case to the official responsible for technical accomplishment of service.
22. The basis for technical accomplishment is obtaining by the official responsible for technical accomplishment of service, the created case.
23. The official responsible for technical accomplishment of service enters personal data of the foreign citizen or stateless person from the created case into the automated system of execution of invitations to foreign citizens and stateless persons in the form of the electronic document for check according to databases of availability or lack of the bases for refusal in execution of the invitation, and also decision making about issue of visa, stipulated in Item 15 Provisions.
24. In case of lack of the bases for refusal in execution of the invitation, and also decision making about issue of visa the official responsible for technical accomplishment of service makes invitation seal on the form and submits the case to the official responsible for issue of documents, or specifying about issue to the foreign citizen or stateless person of the visa sends to the relevant diplomatic or consular establishment of the Russian Federation on electronic communication channels of the Ministry.
25. Invitations on forms are drawn up with use of technical means.
26. Decisions on issue of visa are not printed out on forms, and go to the relevant diplomatic or consular establishment of the Russian Federation on electronic communication channels of the Ministry in the form of the electronic document.
27. In case of availability of the bases for refusal in execution of the invitation, and also decision making about issue of visa the official responsible for technical accomplishment of service does not make invitation seal on the form or does not direct instruction about issue of visa for electronic communication channels of the Ministry and submits the case to the official responsible for issue of documents, for execution of the notification on refusal.
28. The basis for issue of the invitation is the address of the applicant in time, specified in the certificate of documents acceptance received according to Provision Item 20, to the official responsible for issue of documents. The official responsible for issue of documents accepts the reference, establishes powers of the applicant. In case of issue of the invitation the official responsible for issue of documents suggests the applicant to check lack of mistakes in the invitation, to undersign for its obtaining and issues to the applicant the invitation.
29. The basis for registration and issue (direction) of the notification on refusal is obtaining by the official responsible for issue of documents, cases with mark on availability of circumstances which in accordance with the legislation of the Russian Federation interfere with entry of the foreign citizen or stateless person into the Russian Federation. Authorized officer responsible for issue of documents:
- draws up the notification on refusal;
- issues (sends) the notification on refusal to the applicant.
30. The term of the direction (issue) of the notification on refusal shall not exceed 10 days from the date of submission of the petition and the necessary and properly processed documents attached to it.
31. The current control of respect for the sequence of actions and terms in case of issue of invitations and decision making about issue of visas is performed constantly by officials, actionees of certain actions, and also by carrying out by officials of the Ministry of checks of execution of provisions of the Provision, other regulatory legal acts of the Russian Federation.
32. For the current control the data which are available in the electronic database, office correspondence, oral and written information of the officials performing certain actions, registers of the relevant documents and other data are used.
33. Control of completeness and quality includes conducting checks, identification and elimination of violations of the rights of applicants, consideration, decision making and preparation of answers to addresses of the applicants containing claims to decisions, actions (failure to act) of officials of the Ministry.
34. Checks can be planned (to be performed based on semi-annual or annual plans of work of the Ministry) and unplanned.
35. For conducting check of completeness and quality of provision of service the commission which structure joins officials of the Ministry is created.
36. Results of check are drawn up in the act in which the revealed shortcomings and offers on their elimination are noted.
to the Regulations on procedure for execution by the Ministry of Foreign Affairs of the Russian Federation of invitations to entry into the Russian Federation to foreign citizens and stateless persons, and also decision makings about issue of visas to foreign citizens and stateless persons approved by the Order the Ministry of Foreign Affairs of the Russian Federation of July 17, 2012 No. 12077
Recommended sample
Petition for issue of the invitation to entry into the Russian Federation consular department MFA of Russia
(CD MFA of Russia)
Registration No. of the organization in the MFA of Russia ________ Identification number
taxpayer (INN) ___________________________________________________
The name of the inviting _________________________________________ organization
Information about the invited person
Surname (Russian) __________________ Surname (Latin) __________________________
Name (Russian) ______________________ Name (Latin) ______________________________
Nationality State
(citizenship) ____________________ accommodation ______________________________
Birth date
(day, month, year) ______________ Birthplace ________________ Paul _____
Series and document number,
certifying Date of issue It is valid to
personality ____________________ (day, month, year) __ (day, month, year) ___
Place of employment abroad (complete name of the organization) _____________________
___________________________________________________________________________
Position _____________ Address of place of employment, ph., ____________________ fax
___________________________________________________________________________
The children up to 16 years following with the invited person and entered in he (she)
the passport (to enter name and year of birth)
___________________________________________________________________________
Data on trip
Purpose of visit ______________________________________________________________
Entry into the Russian Federation with _________________________ (day, month, year)
Stay in the Russian Federation on ___________________ (day, month, year)
For term ____________________________________________________________ (days)
Frequency rate of the visa ______________ Category and type of the visa ________________________
Items (cities) of visit in the Russian Federation __________________________
The place of receipt of a visa (the country, the city in which there is consular establishment
Russian Federation) _____________________________________________________
Additional data ___________________________________________________
Contact First name, middle initial, last name responsible
L. S. of the inviting organization ______ phone of the person _____________ (signature)
Signature of the representative
Date of acceptance of the petition "__" ____ 20 __ of the employee of CD MFA of Russia ________
to the Regulations on procedure for execution by the Ministry of Foreign Affairs of the Russian Federation of invitations to entry into the Russian Federation to foreign citizens and stateless persons, and also decision makings about issue of visas to foreign citizens and stateless persons approved by the Order the Ministry of Foreign Affairs of the Russian Federation of July 17, 2012 No. 12077
Recommended sample
The petition for decision making on entry into the Russian Federation consular department the MFA of Russia
(CD MFA of Russia)
Registration No. of the organization in the MFA of Russia ________ Identification number
taxpayer (INN) ___________________________________________________
The name of the inviting _________________________________________ organization
Information about the invited person
Surname (Russian) __________________ Surname (Latin) __________________________
Name (Russian) ______________________ Name (Latin) ______________________________
Nationality State
(citizenship) ____________________ accommodation ______________________________
Birth date
(day, month, year) ______________ Birthplace ________________ Paul _____
Series and document number,
certifying Date of issue It is valid to
personality __________________ (day, month, year) ____ (day, month, year) ____
Place of employment abroad (complete name of the organization) _____________________
___________________________________________________________________________
Position _____________ Address of place of employment, ph., ____________________ fax
___________________________________________________________________________
The children up to 16 years following with the invited person and entered in he (she)
the passport (to enter name and year of birth)
___________________________________________________________________________
Data on trip
Purpose of visit ______________________________________________________________
Entry into the Russian Federation with _________________________ (day, month, year)
Stay in the Russian Federation on ___________________ (day, month, year)
For term ____________________________________________________________ (days)
Frequency rate of the visa ____________ Category and type of the visa __________________________
Items (cities) of visit in the Russian Federation __________________________
The place of receipt of a visa (the country, the city in which there is consular establishment
Russian Federation) _____________________________________________________
Additional data ___________________________________________________
Contact First name, middle initial, last name responsible
L. S. of the inviting organization ______ phone of the person _____________ (signature)
Signature of the representative
Date of acceptance of the petition "__" ____ 20 __ of the employee of CD MFA of Russia ________
to the Regulations on procedure for execution by the Ministry of Foreign Affairs of the Russian Federation of invitations to entry into the Russian Federation to foreign citizens and stateless persons, and also decision makings about issue of visas to foreign citizens and stateless persons approved by the Order the Ministry of Foreign Affairs of the Russian Federation of July 17, 2012 No. 12077
Recommended sample
MINISTRY OF FOREIGN AFFAIRS OF THE RUSSIAN FEDERATION
CONSULAR DEPARTMENT
The decision on issue of visa on entry into the Russian Federation to the foreign citizen or the stateless person
No. ______ series ______ from "__" _______ 20 __.
according to the petition No. ______________
|
|
Visa type |
Category of the visa |
Visa effective period |
Visit Items |
Place of receipt of a visa |
|
Issue the visa |
|
|
|
|
|
Refuse issue of visa (to specify the bases): _______________________________
___________________________________________________________________________
Head of department of entrance of foreigners of CD ________________
Signature _______________________________________________
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