7 amendments in migration legislation

NEWS \ 16.06.2020

On June 8, a Law has been signed, amending the migration legislation of the Russian Federation. In accordance with the document the list of citizens who has the right to act as a host party was expanded, a new method of foreigners’ arrival and departure notifications was added, and other important changes were introduced. These amendments will be effective from September 7, 2020.

Who will be able to act as a host party?

The host party is an individual or legal entity that provide premises for residence for a foreigner or are an employer for a foreign employee who resides at the address of this organization or in its premises. According to the text of new document, now all the foreign citizens who own residential premises may act as a host party. In other words, they will be able to register both themselves and other foreign citizens in their real estate. Previously, only highly qualified foreign specialists had this right regarding their family members.

If the owner of the residential premises is located outside the Russian Federation, the foreign citizen should personally submit an arrival notification to the migration registration bodies and attach a notarized power of attorney giving consent to residence from the host party.

What documents may be submitted in electronic form?

1. Arrival and departure notification. Starting from June 13 a new form of the notification of arrival of a foreign citizen is effective (the updated form can be downloaded here). Now the host party may submit a notification only through a multifunctional centre where state services are offered to the public (hereinafter referred to as MFC) or by mail. Starting from September 7 of the current year the submission may be carried out in the remote mode. After the host party receives a detachable section of the notification signed with an enhanced electronic digital signature from the bodies of the Ministry of Internal Affairs, it should deliver a copy of it to the foreign citizen who has arrived.

• An application for registration at the place of residence of a foreign citizen who has received a temporary residence permit (hereinafter referred to as TRP) or a residence card (hereinafter referred to as RC). Such an application may be submitted in electronic form through the «State Services» website or through the MFC. Previously, this was only possible if you personally applied to the migration registration body. If documents from a foreign citizen are submitted through the website of State services, then a mark on the RC or TRP will be put down not later than the working day following the day of receipt by the migration registration body of documents confirming the right to use residential property.

Other important changes

1. Participants in the Government program for migration of Russian expatriates to the Russian Federation, and their family members upon arrival in Russia are exempt from registration at the place of stay for 30 days (previously, such a delay was not provided). After the expiration of indicated period, they will need to be registered within 7 working days.
2. A foreign citizen will not be struck off the register at the previous place of stay when registering him or her when settling in:
3. hotel;
4. sanatorium, holiday hotel, pensionate;
5. campsite, tourist centre;
6. children’s holiday camp.
7. If a foreign national is exempt from receiving an arrival-departure record in accordance with an international treaty of the Russian Federation, it is not necessary to present it to the host party.

How to register a foreign citizen with the Ministry of Internal Affairs?

In general, the Ministry of Internal Affairs should be provided with copies of:

– a passport of a foreigner with a border crossing mark

– an arrival-departure record of a foreigner if their stay in the Russian Federation is temporary in nature

– a document confirming the right to use residential or other premises provided to a foreign citizen for actual residence. If the host party is a corporate employer that provided residential property, then it is not necessary to submit such a document.

If the foreigner is an employee of the host organization, it is necessary to provide:

– a copy of the employment agreement or other document confirming the existence of an employment relationships with the employer

– if applicable – a letter from the company’s chief executive or an officer stating that the foreign employee actually resides in the company’s premises that does not have an address, including a temporary one.

The required set of documents should be submitted together with a notification to the bodies of the Ministry of Internal Affairs within 7 days from the date of arrival of the foreign employee.

If the documents on the arrival of a foreigner are not provided to the Ministry of Internal Affairs timely, the company may be brought to administrative liability in the form of a fine:

• for officers – 40,000 – 50,000 rubles;
• for legal entities – 400,000 – 500,000 rubles.

Please contact the Acsour’s Legal Department in the matters of the application of migration legislation, as well as the prolongation of the terms of permits. Our specialists carefully monitor such changes and are ready to advise you on any question.

Document: Federal Law No. 182-FZ dated 8/6/2020, Order of the Ministry of Internal Affairs No. 180  dated 24/3/2020