16.08.06

2007: What’s Changing for Foreigners in Russia?
Kseniya Khudiakova,
Legal Consultant, Alinga Consulting Group
(Version for foreigners adapted from the Russian by C. Bowling, Partner, Alinga Consulting Group)

This summer there were some important changes affecting the status of foreigners living and working in the Russian Federation. A new law entitled “On Migrations Records of Foreigners” was enacted and changes were made to the existing law entitled “Law on the Legal Status of Foreigners.” These changes will come into effect from the 15th of January 2007. By then the Government should work out the implementations details.

The most important change introduced in “On Migrations Records…” is the “notification” concept for registration of foreigners. Current regulations state that the authorities have the right to “grant permission” to be registered in Russia. The wording states that the authorities “must register” the foreigner. The new rules should work like this – the inviting party (or the foreigner himself if there is a “justifiable reason” why the inviting party cannot be present), within 3 days of the foreigner’s arrival, must notify the Migration Service directly or go to the nearest Post Office and send notification by post. There will be a standardized notification form used by the Migration Service and by the Post Office and the stamp of the Post Office will have equal force as the stamp of the Migration Service – i.e. both will be sufficient proof of registration. However, we caution readers that this, as many laws in Russia, will likely work differently on paper that it will in reality.

For foreigners staying in a hotel, it is the responsibility of the hotel to register the guest and notify the Migration Service within one day of arrival.

The new law clearly states that there is no registration obligation if your stay in Russia is less than 3 days.

Another important new rule is that the inviting party (not the visitor) must notify the Migration Service of the departure of the visitor at least two days before that departure. The standardized form mentioned above will have a special section for notification of departure.

There is a transition clause in the New Law – if you are registered before 15th January 2007, your registration is good until the expiration date specified on the registration. However, if you change address then you need to notify the authorities of this.

The changes made to the existing law “On the Legal Status of Foreigners in Russia” are as follows:

First, foreigners do not have to leave Russia by their visa expiration date if they have obtained an extension already. This new provision seems to introduce the possibility of in-country extension for all types of visas (only work visas are extended in-country at the moment). In addition, foreigners do not have to leave if their visas expire if they have been granted temporary residence status.

Secondly, there is a simplification of the procedure for granting work permits (only) to foreigners who are allowed to visit Russia without a visa (this includes mostly migrant workers from the CIS). Such foreigners can apply for a permit themselves and that permit should be granted within 10 days of application. These permits will be valid for work in Russia and the employer does not have to get a permit to hire an employee who themselves have already obtained a permit. However, the employer must notify the authorities when the employee is hired. The employee must also notify the authorities if he changes his place of employment. In addition, there will no longer be quotas for issuing permits to these migrant workers.

Another change, effective from the second of August, is the implementation of a “three-in-one window” where the employer permit, the individual permit, and the visa support for a work visa will be processed at the same time.

There are several more changes “in the pipe line” according to officials from the Migration Service:

• allowing Rep Offices to register and apply directly to the Migration Service for visa support for its staff. Currently they must apply via their accrediting body;
• increasing the maximum validity of work permits from one to three years.

Whether or not these will become law is unknown.