On June 27, 2018, the Russian president signed a new federal law that clarifies what "registration" is, as well as describes what can be considered "a place of residence," as well as what legal basis a foreigner can be registered in Russia.
According to the new law, "registration" is the act of recording the physical address where the foreigner will reside while in the Russian Federation.
This address may be:
- a dwelling where the foreigner will stay temporarily, or other premises in which the foreigner will actually reside, regularly using the dwelling for sleeping and rest.
- an organization in which the foreigner works or performs other activities which are not prohibited by Russian legislation but only in the case that the foreigner is actually residing at the address of the specified organization or in a premises without an address (including temporary facilities) provided by the organization at that address.
The entity registering the foreign citizen may be:
- a Russian citizen permanently residing in the Russian Federation (with a "propiska");
- a legal entity or its branch or representative office;
- a federal body of state power, a body of state power of a constituent entity of the Russian Federation, a local government body;
- a diplomatic mission or consular office of a foreign state in Russia;
- an international organization or its representative office in Russia or a representative office of a foreign state with an international organization located in Russia, which has provided the foreigner with a dwelling or other premises for actual residence;
- the organization in which the foreigner works – but only if the foreigner actually lives at the organization's address or in a premises provided by that organization which does not have an address, including temporary facilities.
- a family member of the foreigner, if that family member owns a dwelling in Russia.
Requirements for registration:
- The foreigner must be registered at the address at which the foreigner will physically, temporarily reside in Russia (not a permanent residence).
- The foreigner may be registered at a hotel or any organization that provides similar services,, such as a sanatorium, resort, boarding house, children's camp, tourist base, camping site, or other premises in which the foreigner will physically, temporarily reside..
- The foreigner may be registered at the address of the organization in which he works, but only if that is the place where the foreigner will physically, temporarily stay or if the foreigner will stay in a premises provided by that organization which does not have an address, including temporary facilities.
- A foreigner may be registered with a medical organization at the address of a medical organization that provides medical assistance in a stationary setting, or a social service organization that provides social services in a fixed form. This includes persons without a fixed residence where the foreigner is receiving services from the organization.
- A foreigner may be registered at the address of the institution where the foreigner is being held in connection with criminal or administrative legal proceedings.
Thus, the new Federal Law has clearly defined such concepts as "the receiving party" and "the place of stay of the foreign citizen." The place of stay can now be only a residential premises, where the foreigner will physically, temporarily stay, regularly using the premises for sleep and rest.
Note! This new law means that employers of foreign nationals will no longer be able to register them unless the foreigner actually lives at the organization's premises.
Important! Foreign registered at their employer's address who are not actually living there will be fined for lack of registration if they are discovered. For example, if an inspection finds a worker registered in an office where he cannot possibly live and where he, in fact, resides elsewhere.
If a foreigner receives two registration-connected fines, the foreigner will be deported. Therefore, be vigilant, and make sure that registration is made only at the actual place of residence.
The new Federal Law is No. 163-FZ "On Amendments to the Federal Law On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation."
Translated by Alinga Consulting Group.
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