How to deregister from military service in Russia if you live abroad: instructions from a lawyer - ForumDaily
The article has been automatically translated into English by Google Translate from Russian and has not been edited.
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Here's how to get military service exemptions to live and work in the U.S.

Few parents stop worrying about their children's future, even after they’ve grown up. Today, we will discuss military service in the Russian army. This topic is particularly relevant to Russians living abroad. In this article, I will explain the grounds for exemption from military service and the removal from compulsory military registration.

Photo: IStock

Since my audience consists of Russians living outside the Russian Federation, I will begin by explaining one of the primary grounds for exemption from military service, which is permanent residence abroad (Article 8 of the Russian Federation Law “On Military Duty and Military Service”). However, to qualify for exemption under this provision, it is important to understand how this law defines who is considered a permanent resident abroad and who is not.

Russian legislation provides a rather vague definition of “permanently residing outside the Russian Federation.” Unfortunately, no law offers a clear and comprehensive explanation of this term. The common assumption is that as long as a Russian citizen is officially registered as a permanent resident in Russia and has a stamp on their passport, they are considered by Russian authorities to have permanent residence in the Russian Federation and temporary residence in another country.

But does the act of deregistering from a permanent address in Russia and registering with a consulate abroad guarantee exemption? The federal Law, “On Military Duty and Military Service,” ties a citizen’s military service obligation to the place of their permanent or temporary residence even when it is not confirmed by the registration stamp in their passport. Article 10, Part 1 of the Law stipulates that to maintain accountability for military service, a citizen of the Russian Federation who resides abroad must report to the enlistment office within two weeks after relocating to a new permanent and/or temporary residence. This includes cases where there is no registration at the new permanent and/or temporary address, for military service registration, removal from military registration, or for making changes to military service documents. The requirement also applies to citizens returning to Russia or planning to leave Russia for a period exceeding six months.

Many people ask: “If I have an American passport, can I be drafted into military service?” - Yes they can. Russia does not recognize dual citizenship. This means that the authorities will consider you as a citizen of the Russian Federation, without taking into account your other citizenship.

What matters is the duration of your residence abroad. Residing overseas for over six months provides grounds for removal from military registration. Of course, you can choose to deregister in Russia, which would automatically terminate your military service obligation. However, not everyone wants to sever all ties with Russia. Many Russians living abroad prefer to maintain their connections with their home country while being exempt from compulsory military service there.

Our office can provide assistance with this matter. The following list of required documents is not exhaustive, as each case is unique. Some individuals have all the necessary documentation, while others may have entered the US on foot from across the border and have very limited documentation. Regardless of your situation, we’ll piece together the puzzle using the documents you have. If you meet the primary requirement of residing outside the Russian Federation for over six months, we can help you obtain an exemption from military service. Here’s the list of documents:

  1. Personal statement;
  2. Power of attorney to represent your interests at an enlistment office regarding an exemption from military service;
  3. Copy of your Russian travel passport with the stamp indicating the date of your last departure from the Russian Federation;
  4. Copy of the residence permit, a document granting a Russian citizen the right to permanent residence overseas;
  5. Statement from your employer or a job contract;
  6. Statement from your physician, confirming that they have been your doctor for the last six months or more;
  7. Lease agreement;
  8. Documents confirming your studies abroad;
  9. Documents confirming your registration with the consulate in your country of residence.

This is an approximate list of documents. Every situation is different: someone has all the documents, another came to the USA on foot through Mexico, and he has almost nothing. We will put together a puzzle from your documents in any case. And if the main condition is met in your case - that is, you have been living outside the Russian Federation for more than six months - we will remove you from the military register.

All documents issued abroad must be properly legalized and accompanied by a notarized translation into Russian. For countries that are signatories to the 1961 Hague Convention, proper legalization of documents involves the attachment of an apostille.

An enlistment office may reject your application if it lacks your signature or the authenticity of your signature cannot be verified. However, an enlistment office cannot reject your application solely based on your physical absence from the office, even if you are in the territory of the Russian Federation or residing abroad.

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If you are in Russia, even if there are clear grounds for deregistration, issue a power of attorney and send someone else to the military registration and enlistment office. Ideally, your lawyer.

Our office in New York offers professional assistance in resolving emerging issues, including exemption from military service, deregistration, renunciation of Russian citizenship, and much more.

Material prepared in partnership with

Karina Duval - lawyer, notary, expert in international law

Russian registration: #78/857
NYS registration: 4775086
Notary public, registration: 02DU6376542

tel: + 7 (921) 946-0582 (in Russia) / + 1 (718) 704-8558 (in USA)
Email:
[email protected],
Website:
https://karinaduvall.com/
www.integrika.com

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