Brief Review of Migration Rules in Russia

Brief review of migration rules in Russia
A foreign citizen coming to Russia should take care to have the following documents:
- valid passport
- valid visa
- migration card
- notification on arrival (registration)
- work permit (if the purpose of staying in Russia is employment )
Visa. A Russian visa is an official permission to enter, pass through, stay in and live in Russia during a certain period of time.
Russian Visas are classified according to:
Number of entries:
Single-entry visa allows entering Russia only within the specified period of time.
Double-entry visa gives permission to enter Russia one or two times within indicated dates.
Multiple-entry visa is issued for an indefinite number of entries to Russia during 6 or 12 months.
Purpose of travel:
Diplomatic visa
Service visa
Ordinary visa ( Business visa / Tourist visa / Private visa / Student visa / Humanitarian visa/ Visa for asylum)
Work visa
Transit visa
Visa of a temporary residing person
Whatever type of visa a foreign citizen applies for (with the exception of a transit visa), it will always require a specific visa support document - a visa invitation. This is called an "invitation letter" and has to be issued by the party inviting a foreigner to Russia - tourist company, employing company, educational institution, relative or a friend.
The validity and type of the Russian visa should be strictly adhered to. Being in Russia, a foreigner cannot neither change the type of visa (i.e. from tourist to work or from work to business and vice versa) nor make it valid for longer period (except for the case when its a work visa which can be extended without leaving Russia). To do that, you have to leave the country and re-apply for a different visa.
Migration card. Foreign citizens entering Russia are required to fill out the Migration Card (see the sample) that contains his/her personal information, terms of stay, purpose of visit and prospective place of residence. The card consists of 2 identical parts (A and B), which are necessary to fill.
Migration Cards are presented to the Border Control Officer along with the passport upon arrival and departure. The migration officer stamps the both parts of the card and retains one while the other part is handed over to the foreign citizen.
All foreigners are given such cards upon entry to Russia and every time they enter Russia a new card is given. Migration cards are issued for every foreign citizen free of charge and irrespective of the age.
Registration. Russian law requires foreigners to register (notify the Federal Migration Service) within 3 business days of their arrival. This registration is necessary for every foreign citizen temporary staying in the Russian Federation, excluding those foreigners who stay in Russia less than 3 days, or those foreigners (especially visiting Russia for travelling purposes) who have passed the procedure of registration in one city and if their visit to other Russian cities doesnt exceed 3 days.
The registration can be done:
in a hotel where a foreigner is going to stay
by the owner of the apartment if he/she is staying in a private apartment with friends or a family
by the company which issued the visa invitation
When a foreign citizen settles in a hotel, the hotel's administration notifies the FMS within 24 hours; the administration is responsible for observance of the established rules of foreigners' staying in Russia.
If a foreign citizen is staying in a private apartment, the owner of this apartment will need to carry out registration procedure.
The bodies authorized to receive the notification on arrival (registration) are the FMS and the post office. Notifications are submitted on the special form which can be obtained in a territorial office of FMS or at a post office.
The Host Party has to go to the FMS or the post office with the following documents:
1) His/her own passport;
2) Copy of the foreign citizen passport (pages containing photo and visa);
3) Copy of the migration card;
4) 2 copies of the filled form of the application on arrival (registration);
5) Copy of the ownership certificate for the apartment.
If a Company is the Host Party, the following documents are submitted to the FMS:
1) Copy of the foreigners passport;
2) Copy of the visa;
3) Copy of the migration card;
If the foreign citizen entered Russia on the basis of the work visa the following documents are also submitted:
1) Copy of the work permit
2) Copy of the employment permission.
The presence of the foreign citizen is not obligatory.
The FMS or the post office put down a mark of reception in the notification and return the detachable part of the notification to the Host Party who should hand it over to the foreign citizen. The fact that the foreign citizen has the detachable part of the notification with the mark of reception confirms his/her registration.
On departure of the foreign citizen from Russia, the detachable part of the notification must be submitted by the Host Party in person or posted to the territorial office of FMS within 2 business days.
Violation of registration order leads to visa annulling for up to 5 years and the following fines (Article 18.9. of the Administrative Offences Code of the Russian Federation):
For foreign citizens 2000-5000 rubles
For Host Party 2000-4000 rubles
For officials 40000-50000 rubles
For inviting companies 400000-500000 rubles.
Work permit. Foreign citizens may work in Russia only on the basis of the work permit (plastic card), which can be issued for one year and re-obtained after that. The work permit only allows the foreign citizen to work in a particular region of Russia and on a particular position as stated on the permit.
The work permit is obtained by the Company which will hire the foreign citizen.
An individual can obtain one for him/herself only if:
- he/she is the citizen of one of the CIS states (excluding Turkmenistan)
- has temporary residence permit in Russia.
A foreign citizen (from one of the CIS states or having temporary residence permit) should apply the FMS and provide all the necessary documents. His/her application will be examined within approximately 10 business days.
When a Company hires a foreign employee, it is obliged to take care of all the necessary work permissions.
Work permits to foreign citizens are issued on the basis of annually established quota.
The Stages of obtaining Employment permit and work permits for a Company include:
1. Obtaining Approval to employ foreign employees at Local Employment Centre. 30 business days
3. Obtaining Permission to employ foreign personnel at FMS. up to 45 business days
4. Obtaining Work Permit at FMS up to 30 business days
Certain foreign individuals, however, may work without a work permit or work visa. Those are foreigners who:
1) have permanent residency in Russia;
2) are employees of embassies/consulates of foreign states in the Russian Federation, employees of international organizations;
3) work as journalists accredited in Russia;
4) study in Russia and render services during the vocations;
5) are employees of foreign Companies which carry out installation works, service and guarantee maintenance of the technical equipment delivered to Russia.
6) are invited as teachers/professors in educational institutions of Russia.
Labor contracts with foreign employees should comply with Russian legal requirements. Foreign citizens have the same labor protection rights as Russian citizens have.
Penalties for violation of migration rules.
Legal act / Violation / For foreign citizens
Article 18.1. of the Administrative Offences Code of the Russian Federation / Violation of the Regime of the State Borders of the Russian Federation/ Up to 2000 rubles with deportation or without
Article 18.4. of the Administrative Offences Code of the Russian Federation / Violation of the Regime at Check-Points of the State Borders of the Russian Federation /Up to 1000 rubles With deportation or without
Article 18.8. (part 1) of the Administrative Offences Code of the Russian Federation / Violation by a foreign citizen of entrance and staying regulations in the Russian Federation / From 2000 to 5000 rubles With deportation or without
Article 18.11. of the Administrative Offences Code of the Russian Federation / Violating of migration Rules / From 2000 to 4000 rubles With deportation or without
Article 18.15. (part 1) of the Administrative Offences Code of the Russian Federation / Illegal employment of foreign citizens. Labor activity without work permit. / From 2000 to 5000 rubles With deportation or without
Article 18.15. (part 3) of the Administrative Offences Code of the Russian Federation / Failure to inform relevant state authorities of the employment of foreign citizens / From 2000 to 5000 rubles With deportation or without
Article 18.17 of the Administrative Offences Code of the Russian Federation / Violation of restrictions for certain labor activities by foreign citizens / From 2000 to 5000 rubles With deportation or without
Article 18.8. (part 2) of the Administrative Offences Code of the Russian Federation / The declared goal of entering Russia doesnt comply with actually fulfilled one within the period of staying in Russia / From 2000 to 5000 rubles With deportation or without
Article 18.8. (part 1) of the Administrative Offences Code of the Russian Federation / Failure to fulfill liability on notifying about a foreigners living in Russia From 2000 to 5000 rubles With deportation or without
Article 18.8. (part 1) of the Administrative Offences Code of the Russian Federation / Failure to leave Russia after the period of staying has expired /From 2000 to 5000 rubles With deportation or without.
ABOUT THE AUTHOR: Bakhteyeva Albina, Sahakyan Anna
For over a decade Norman DL Associates has proved to be a reliable partner in finding solutions to numerous corporate, accounting, legal and regulatory issues that a company may face throughout its operations - from its entry into the market (start-up in Russia) to just about any minor executive issue.