No current information on the possibility to return and the status of an Israeli citizen born in the Moscow region who had Soviet citizenship, emigrated to Israel in September 1991 and returned to Russia in May 1992 for a few months nor on whether the child of this individual who was born in Uzbekistan before 1991 and emigrated with his or her parent to Israel may return and reside with him or her could be found among the sources consulted by the Research Directorate.

In its October 2001 country assessment of the Russian Federation, the Country Information and Policy Unit of the Immigration and Nationality Directorate of the United Kingdom Home Office provides the following information on citizenship:

C. Citizenship

6.13. Matters relating to citizenship in the Russian Federation are governed by the Russian Federation Citizenship Act, which came into force in 1992. A citizen of the Russian Federation may be allowed, upon application, simultaneously to have the citizenship of another state, provided that there is a corresponding bilateral treaty with that state [12b]. All citizens of the former USSR who were permanently resident in Russia on the day the Citizenship Act took effect (6 February 1992) are considered Russian citizens, apart from those who, within a year of that date, declared that they did not wish to become Russian citizens (Article 13.1). Individuals born on or after 30 December 1922 (the date on which the USSR was founded), who have ceased to be citizens of the former USSR are granted Russian citizenship if they were born in Russia, or if, at the time of birth, one of the applicant's parents was a citizen of the former USSR permanently resident in Russia (Article 13.2) [17].

6.14. A child whose parents at the time of birth are Russian citizens is a Russian citizen, irrespective of the place of birth (Article 14). If one of the parents of a child at the time of birth is Russian and the other stateless, the child is a Russian citizen, irrespective of the place of birth (Article 15.1). A child, one of whose parents is a Russian citizen and the other a citizen of another country, would be considered a Russian citizen provided the parents come to a written agreement that the child should be regarded as a Russian, irrespective of the place of birth. Where no such agreement exists, the child would become a Russian citizen if born in Russia, or if otherwise it would be stateless (Article 15.2). A child residing in Russia, but of unknown parentage, is considered a Russian citizen (Article 16). A child of parents with citizenship of other states is considered a Russian citizen if those states do not extend citizenship to the child. A child born in Russia of stateless parents is considered a Russian citizen (Article 17) [17].

6.15. Under the 1992 law, an application for Russian citizenship could be made by anyone with a spouse or immediate relative who is a Russian citizen; by persons who at birth became citizens of another state but at least one of whose parents was a Russian citizen at the time of the birth; by children born after their parents relinquished citizenship of the former USSR; by former citizens of the USSR who reside on the territory of other states that were within the former USSR, provided they declare their intention to acquire Russian citizenship by 31 December 2000; stateless persons permanently residing in Russia on 6 February 1992, or other republics of the former USSR as of 1 September 1991, who within one year of the 1992 Act declared their intention to acquire Russian Federation citizenship; and foreign citizens and stateless persons, irrespective of their place of residence, if they or an immediate relative are Russian by birth, and who within one year of the 1992 Act declared their intention to acquire Russian citizenship (Article 18) [17].

6.16. On 31 December 2000, the possibility for former USSR citizens (who resided on the territory of the USSR and arrived for permanent residence in the Russian Federation after 6 February 1992) of obtaining Russian citizenship through the simplified procedure, provided for under Article 18(d) ceased to be available. The Presidential Commission on Citizenship stated that those holding a USSR passport, who had not acquired the citizenship of any country before this deadline, would, as of 1 January 2001, be considered as stateless persons. As a consequence, they would have to apply for Russian citizenship according to the provision of the law applicable to stateless persons. From 1 January 2001, all citizens of any former USSR country have to apply according to the rules for foreign citizens, as the simplified procedure for acquiring Russian citizenship no longer applies. However, for former USSR citizens, the period of permanent residence on the territory of the Russian Federation required before applying for citizenship can be halved [13c].

6.17. Under the 1992 law, any adult who is not a Russian citizen, irrespective of their origin, can apply for Russian citizenship. The usual condition for qualification is permanent residence in Russia (three years without interruption or a total of five years for foreigners, and half that for refugees). Those criteria facilitating qualification for Russian citizenship include past citizenship of the former USSR; adoption of a child with Russian citizenship; achievements in scientific, technological and cultural fields, or possession of a profession or qualification of interest to Russia; services to Russia; and refugee status in Russia. Applications for citizenship are denied persons who advocate violent political change in Russia, who are members of organisations or parties whose activities are incompatible with the constitutional principles of Russia, or who have been convicted of acts prosecuted under Russian laws (Article 19) [17].

6.18. Under the 1992 law, applications for citizenship need to be submitted at the place of permanent residence. As a consequence, access to Russian citizenship has been restricted for most recognised refugees, including former USSR citizens. Asylum seekers and refugees residing in hotels, hostels or temporary accommodation centres may only obtain (if at all) a temporary registration, which until very recently did not entitle them to apply for citizenship. The Presidential Commission on Citizenship introduced positive changes to this rule on 30 June 1998, when it instructed the Ministry of Internal Affairs to accept applications for Russian citizenship submitted by former USSR citizens at the place of temporary registration in Russia, in case they had cancelled their permanent registration in one of the successor states. Moreover, the Presidential Commission declared that refugees recognised under the Russian refugee law could submit applications for citizenship at their place of temporary registration. This change has not however been fully implemented throughout the Russian Federation [13c].

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BIBLIOGRAPHY

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Reports

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[12]b. UNITED NATIONS, Economic and Social Council: Commission on Human Rights: Civil and Political Rights: Human rights and arbitrary deprivation of nationality - Report by the Secretary General, E/CN.4/1999/56/Add.1, 4 March 1999.

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[13]c. UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, Background Paper on Refugees and Asylum Seekers from the Russian Federation, November 2000.

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Laws

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17. RUSSIAN FEDERATION GOVERNMENT, Russian Federation Citizenship Act, 6 February 1992.

Several sources make reference to individuals who have both Russian and Israeli citizenship (Johnson's Russia List 16 Dec. 2001; RFE/RL 25 Apr. 2001; UCSJ 28 Jan. 2001). According to the Union of Councils for Soviet Jews (UCSJ), Mikhail Mirilashvili, a businessman and the president of the St. Petersburg branch of the Russian-Jewish Congress, holds Israeli and Russian citizenship with his main residence in St. Petersburg (ibid.). The Johnson's Russia List, quoting an Associated Press dispatch, indicates that there are businessmen with both Russian and Israeli citizenships who live in Israel, but work in Russia (16 Dec. 2001).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Johnson's Russia List [Washington, DC]. 16 December 2001. Jason Keyser. "A Decade Later, Russian Jews and Israel Have Profoundly Changed Each Other." http://www.cdi.org/russia/johnson/5602-3.cfm [Accessed 15 Mar. 2002]

Radio Free Europe/Radio Liberty (RFE/RL) [Prague]. "Russia: Gusinsky Takes Refuge in Israel." http://www.rferl.org/nca/features/2001/04/25042001041134.asp [Accessed 15 Mar. 2002]

Union of Councils for Soviet Jews (UCSJ) [Washington, DC]. 28 January 2001. "Israeli Leader Meetins Putin -- Kosher Kitchen in Kremlin." http://www.fsumonitor.com/stories/012801Russ2.shtml [Accessed 18 Mar. 2002]

United Kingdom, Immigration and Nationality Directorate (IND), Home Office. October 2001. Russian Federation Country Assessment. http://www.ind.homeoffice.gov.uk/default.asp?PageId=190 [Accessed 15 Mar. 2002]

Additional Sources Consulted

Bulletin européen sur la nationalité (September 2000)

IRB Databases

The head of the consular section of the Embassy of the Russian Federation in Ottawa could not provide information on the subject within the time constraints of this Response.

Internet sites including:

Embassy of the Russian Federation in Ottawa.

Embassy of the Russian Federation in Washington, DC.

The Russia Journal [Moscow]

US Department of State. Country Reports on Human Rights Practices

World News Connection (WNC)