July 29, 2018 and October 11, 2018 Amendments were made to the Law “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation” (hereinafter referred to as the Law), on November 12, 2018, amendments were made to Article 322.3 of the Criminal Code of the Russian Federation.
Changes have been made to the concept of “place of stay” of a foreign citizen - now this is a residential space that is not a place of residence, or another room in which a foreign citizen or a stateless person actually lives (regularly uses for sleep and rest), or an organization in which in accordance with the established procedure, carries out labor or other activities not prohibited by the legislation of the Russian Federation, in the case of actual residence at the address of the specified organization or at the premises of the specified organization, without address data (building, structure), including temporary.
"Fictitious" registration is now defined as both registering a foreigner at a non-residential premises as well to an address for an organization at which the foreigner does work. The previous version of the law mentioned only that the foreigner must be registered in a residential premises.
For fictitious registration of foreigners perpetrator faces one of the following:
- a fine in the amount of from 100 to 500 thousand rubles or in the amount of the salary or other income of the convict for a period of up to three years;
- forced labor for up to three years with or without the deprivation of the right to hold certain positions or engage in certain activities for up to three years;
- imprisonment for up to three years with or without the deprivation of the right to occupy certain positions or engage in certain activities for up to three years.
Amendments are also made to the definition of the concept of "receiving party".
Now, persons, institutions and organizations can be the receiving party and, accordingly, bear the responsibility of the receiving party only if they provided any premises for the actual residence of the foreign citizen.
Failure by the receiving party to register a foreign citizen at the place of stay can result in administrative fines:
- For citizens, in the amount of from two thousand to four thousand rubles;
- For officials, from forty thousand to fifty thousand rubles;
- For legal entities, from four hundred thousand to five hundred thousand rubles.
Foreign citizens who are not registered at the place of their stay are not liable for the violation unless they own the place of residence.
From August 10, 2018, the receiving party (host) is obliged to notify the Ministry of Internal Affairs of the departure of any foreign citizens from their place of residence by submitting a notification (in a prescribed form) about the departure and thus cancel the migration registration at the address in question.
Until recently, there was no approved form for the notification of the departure of a foreign citizen, and in order to deregister a foreigner, it was necessary to take from the foreigner the detachable part of the notification form on the migration registration and transfer it to the migration authorities.
However, in practice it was practically impossible to do this, since the foreigners usually did not return this detachable part to the receiving party (host), creating substantial problems for hosts due to its absence.
Therefore, a new temporary form for notification of the departure of a foreign citizen has recently been officially approved. This form of deregistration is now being used.
The organization or individual who invites a foreign citizen to Russia is now obligated to make sure that that foreigner observes the migration law of the Russian Federation. In particular, the foreigner's activities in Russia must be compliant with the declared purpose of the visa. In addition, the inviting party should ensure the timely departure of the foreigner before the expiration of his or her visa.
Failure to ensure that the laws are abided by can result in fines:
- for citizens - from 2,000 to 4,000 rubles;
- for officials - from 45,000 to 50,000 rubles;
- for legal entities - from 400,000 to 500,000 rubles.
The government has drafted guidelines that will allow the inviting party to avoid the risk of liability:
- explain to the invited foreigner what the "purpose of entry" means and the consequences of non-compliance;
- create conditions under which the invited foreign citizen can actually fulfill the goal that he declared when entering the Russian Federation;
- keep in touch with the invited;
- explain to the invited foreigner about the need to comply with the terms of stay, timely departure from the Russian Federation and the consequences of violation of the terms;
- purchase tickets in advance for the departure of the foreign citizen.
In addition to the above measures, the inviting party will be obliged to notify the Ministry of Internal Affairs if, despite all the actions taken, it became aware that the foreigner still violates the purpose of entry or did not leave Russia on time. It will be necessary to notify within 5 (five) working days from the moment, as such fact became known. The notification form will be established by the Ministry.
Translated by Alinga Consulting Group.
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