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Marina Ryzhkova

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Measures to ensure compliance with the rules of stay in Russia

Russian Passport

We draw your attention to the entry into force on January 16, 2019, of Federal Law No. 216-FZ of July 19, 2018 on Amendments to Article 16 of the Federal Law on the Legal Status of Foreign Citizens in the Russian Federation. This law considerably changes the area of migration relations that had been considered the least formalized. It involves measures for the foreign citizen to comply with the rules of stay in Russia (such as leaving Russia on time at the end of the period of stay and complying with the stated purpose of the visit), the liability for violation of which was previously imposed on the foreign citizen.

The new rules set forth that the inviting party (i.e., the organization or individual who invited the foreign citizen to Russia) is responsible for taking measures to ensure the foreign citizen complies with the rules of stay in Russia. The list of required measures and how they are applied is to be further determined by the RF Government. The RF Government resolution setting forth these measures has yet to be published; however, the draft resolution can be viewed here. According to the draft, it is assumed that the inviting party will have to take the following set of measures:

  1. Serve the foreign citizen a notice again signature that the foreign citizen needs to comply with the purpose of entry and warning the foreign citizen of liability for failure to comply, as soon he/she enters the country. The form of the notice is approved by the Ministry of the Interior of Russia.
  2. Provide the foreign citizen with the conditions he/she needs to comply with the stated purpose of entry (e.g., employing a foreigner who entered the country on a work visa, or arranging business negotiations for a foreigner who entered the country on a business visa).
  3. Stay in contact and correspond with the foreigner.
  4. Inform the Ministry of the Interior of Russia if it is discovered that the foreign citizen has not left Russia at the set time or if the foreign citizen fails to comply with the rules of stay, and also if contact is lost with the foreign citizen. The form(s) for doing this is/are approved by the Ministry of the Interior of Russia.
  5. Remind the foreign citizen in advance (at least 10 days before the visa expires) of the need to leave Russia. The reminder: (i) is sent to the foreign citizen by registered letter with notification or by email with confirmation that it has been read, or (ii) is personally delivered to the foreign citizen against signature.
  6. Assist the foreign citizen in overcoming various circumstances preventing him/her from leaving the Russian Federation on time (e.g., not having money to leave, loss of documents).

As stated above, this draft RF Government resolution with list of measures to ensure an invited foreign citizen follows the rules of stay in Russia has not yet been published. It is anticipated that the RF Government will publish the resolution in the near future. We will provide information about this on our website.

The Code of Administrative Offenses (Article 18.9(2) of the Code of Administrative Offenses) establishes the inviting party’s liability for failing to take the above-mentioned measures. This liability is in the form of administrative fines on the officer and on the organization of up to RUB 50,000 (on the officer) and up to RUB 500,000 (on the organization).

Considering the above, at this stage we recommend taking action to make a list of all foreign citizens your company has invited and who hold currently valid visas (whether work, business or guest visas). This will make it possible to then take all of the measures listed above to ensure they comply with the rules of stay in Russia.

Click here to read Dentons article.

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Measures to ensure compliance with the rules of stay in Russia

Information on recent amendments to Russian migration rules

Federal Law No 199-FZ on Amendments to Articles 18.10 and 18.15 of the Administrative Penal Code and the Federal Law on the Legal Status of Foreign Citizens in the Russian Federation of June 29.06.2015 (the “Amendment Law”) was published and entered into force on June 30, 2015.

The Amendment Law requires foreign employees who change their name or passports to apply to the migration authorities to enter the appropriate changes to their work permits (i.e. to indicate the new name or new passport details in the work permit):

  • within 7 days of such change (if the name was changed or the new passport was received in the Russian Federation); OR
  • within 7 days of entering Russia (if the name was changed or the new passport was received outside the Russian Federation).

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Information on recent amendments to Russian migration rules

Russian citizens will now have to notify authorities when obtaining foreign citizenship or permanent residency in a foreign country

On June 4, 2014 the President of the Russian Federation signed a law requiring Russian citizens to notify the migration authorities on obtaining foreign citizenship or any right to reside permanently in a foreign country within 60 calendar days of the occurrence of each event. Notification for Russian citizens who are under 18 years old should be submitted by their legal representatives (parents, guardians, etc.). The law will take effect starting from August 4, 2014.

The law will also apply to Russian citizens who have received foreign citizenship or a right to reside permanently in a foreign country before the effective date of the law. Such Russian citizens will also need to notify the migration authorities on obtaining foreign citizenship or any right to reside permanently in a foreign country within 60 calendar days upon the date of entry into force of the law (i.e., before October 3, 2014).

These new rules will not affect Russian citizens who permanently reside outside the Russian Federation (not simply those who have a right to reside permanently abroad, but who de facto stay permanently abroad). The question remains open however, as to whether a Russian citizen who currently resides permanently abroad and is therefore now exempt from notifying the migration authorities when entering and staying in Russia in the future can be held liable for failing to notify the migration authorities.

Notification of the migration authorities on obtaining foreign citizenship or any right to reside permanently in a foreign country may be given either personally or by sending a notification to the local migration office at the place of residence or stay of a Russian citizen through the Russian Post. The form of notification is currently being developed. In addition to the notification form, the applicant will also need to provide the migration authorities with an original (and copy) of his/her Russian passport and a copy of a document confirming his/her foreign citizenship or any right to reside permanently in a foreign country.

Failure to give the notification within the prescribed 60-day term, OR providing incomplete information, OR providing false information is subject to administrative liability and shall result in an administrative fine in the amount of 500 – 1,000 rubles (approx. 10 – 20 euros).

Failure to notify the migration authorities on obtaining foreign citizenship or any right to reside permanently in a foreign country is subject to criminal liability and shall result in a fine of up to 200,000 rubles (approx. 4,200 euros) OR up to the salary or other income of the convicted person for a period of up to one year OR compulsory community service of up to 400 hours.

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Russian citizens will now have to notify authorities when obtaining foreign citizenship or permanent residency in a foreign country

Employee Protection Against Currency Risks?

Pensions-(ThinkStock)

“Keep your income and expenses in the same currency” — everyone knows this golden rule, even if they are not always able to stick to it. Foreign citizens working in Russia may receive their salary in rubles, but have expenses in their home country (such as mortgage payments) in a different currency, euro for example. They may often pay their Moscow landlord in euros or dollars, as it is common in Moscow for rents to be set in foreign currency. Russian citizens often take out loans as the ruble equivalent of a foreign currency, as they believe such loans may be advantageous under certain circumstances. The fall in the ruble since the beginning of this year has hit all those whose foreign currency expenses when calculated in rubles have risen fast, while their ruble income has remained the same. As a result, working in Russia has become less attractive for many foreigners and led some to wonder whether there is a solution to the ruble salary issue, and if not, whether they should leave Russia and look for work in a country with more attractive pay conditions. 

Read this complete article, recently published by the Moscow Times, to learn more about this issue and possible solutions.

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Employee Protection Against Currency Risks?