Search
Contact
Login
Share this article
IMPACT – HIGH
What is the change? Controversial and burdensome requirements that Russian citizens living abroad notify the government of foreign residency or dual citizenship have taken effect; the notification form and deadlines have been set.
What does the change mean? Russian citizens who obtain foreign residency or dual citizenship must notify the Russian government on a prescribed form within specified deadlines in person or personally mail it through the Russian postal service. Failure to do so constitutes a crime.
Background: As we reported in June, Russia’s Federal Migration Service (FMS) imposed the new reporting requirements as of Aug. 4.
Since the legislation was introduced, some of the procedures have been detailed and confirmed; however, the FMS has changed some earlier stated submission deadlines.
The prescribed notification form is now available. For purposes of submission deadlines, the FMS is now making a distinction between Russians currently living in Russia and Russians currently living abroad. Russian citizens currently living in Russia who obtain foreign citizenship or residency must notify the FMS within 60 days of the date they receive the citizenship or residency document. For Russian citizens currently living abroad, the FMS has said that their deadline for submitting the notification form is 60 days from the date they return to Russia. (This deadline is not contained in the text of the legislation).
Another controversial provision, which has been confirmed, is the requirement that the notification be made in person to the appropriate local FMS office or personally mailed from within Russia and stamped by the Russian postal service. The FMS has also confirmed that third parties cannot submit notification on behalf of Russian citizens even on the basis of powers of attorney.
Failure to notify the government is a crime punishable by 200,000 rubles, up to one year of the individual’s salary, or community service of up to 400 hours.
Russian nationals who permanently reside abroad are exempt from the notification rules, but they must either obtain a de-registration stamp in their Russian passport or have a document (listok ubitia) listing their foreign address as their permanent address.
BAL Analysis: Russian nationals who fall under the rule should prepare to submit the notification under prescribed procedures within the 60-day deadline. Russian citizens who had foreign citizenship and\or a residence permit before Aug. 4 should notify the FMS office no later than Oct. 3. According to comments given by FMS officials, for Russian citizens currently living abroad the 60-day clock begins when they return to Russia, but note that this interpretation is not reflected in the legislation.
This alert has been provided by the BAL Global Practice group and our network provider located in Russia. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – MEDIUM
What is the change? Russia has implemented a law that provides visa-waived nationals more flexibility in obtaining work permits.
What does the change mean? Foreign nationals who are visa-waived may obtain a work permit after entry if they indicate that the purpose of their visit is for work.
Background: The new law is part of a package of changes to immigration rules taking place in Russia under the Legal Status of Foreign Citizens in the Russian Federation.
BAL Analysis: Note that the foreign national must state on his or her migration card that the purpose of the visit is for work. If another purpose is stated on the card, a work permit will not be issued.
What is the change? Russia will be dropping the minimum salary threshold for IT companies hiring workers in the quota-exempt Highly Qualified Specialist (HQS) work permit category.
What does the change mean? IT companies must be registered with the Ministry of Communications and Mass Media and then may sponsor foreign nationals on HQS permits for minimum annual salaries of one million rubles (about US $29,000), half of the standard salary threshold of two million rubles.
Background: Russia created the HQS permit in 2010 as a way for Russian companies to hire skilled foreign workers without quota restrictions for up to three years. Registered companies in the IT field have recently been targeted to benefit from the lowered minimum salary threshold.
BAL Analysis: When implemented, registered companies can take advantage of this significant reduction in the minimum salary for foreign IT workers qualifying for HQS permits.
What is the change? A new law says that foreign nationals who are applying for residence permits and work permits must prove knowledge of Russian language, history and laws.
What does the change mean? Foreign nationals entering Russia on work or residence permits are required to provide documents confirming that they possess sufficient knowledge in those areas.
Background: The new rule is part of Federal Law 74-FZ, “On Amending Federal Law on Legal Status of Foreign Nationals in the Russian Federation,” dated April 20. Foreign nationals from visa-waiver countries will be required to produce documentation of knowledge at the time of permit application, while foreign nationals subject to visas will have 30 days from the time of their application to do so. To prove their knowledge, applicants may provide a certificate of proficiency, a diploma issued by an educational institution that was in a state that was part of the USSR prior to Sept. 1, 1991, or a certificate of education and/or qualification issued after Sept. 1, 1991 for passage of the final state examination in Russia.
Highly qualified specialists and their relatives, however, will not be required to meet the new requirements. In addition, the law provides other exemptions, including full-time foreign students in accredited Russian educational institutions.
BAL Analysis: Companies and assignees will need to plan for the additional time and cost of obtaining certificates of proficiency from certified centers. The procedures for obtaining these certificates have still not been explained but are expected to be finalized by September.
What is the change? Russian citizens must notify the Federal Migration Service if they have obtained residence permits or citizenship overseas.
What does the change mean? Failure to provide the information may result in severe penalties.
Background: The new requirement covers all Russian citizens, living inside Russia and abroad, who have obtained foreign residence permits or citizenship. Russians who “permanently reside” outside Russia are not required to provide the notification if they have de-registered their places of residence in Russia or establish that their address abroad is now their formal address. Under the new rule, Russian citizens residing outside Russia with dual citizenships or who have foreign residence permits will be required to file their notification with the Federal Migration Service (FMS) within 60 days of the Aug. 4 implementation date. Thereafter, Russian citizens must notify FMS within 60 days of obtaining citizenship or permanent residence permits abroad. Failure to file may result in criminal fines of up to one year’s salary or 400 hours of compulsory community service; violating the filing requirements may result in fines of 500 to 1,000 rubles. Similar requirements are to be imposed on citizens of Crimea on Jan. 1, 2016.
The notification must contain a stipulated list of required information and documents and must be submitted in specific formats. Notifications must be delivered in person or sent by mail to the address of the regional FMS office. If sent by mail, the notification must be dispatched through the official Russian postal service and bear the stamp of the Post of Russia.
BAL Analysis: This adds a procedural burden on many Russian citizens residing outside the country, who must gather the required documents, send the notification to Russia and then have a representative send it through the Russian postal service. Russian missions abroad will not accept these notifications.
What is the change? Russia has set a new rule that requires foreign nationals applying for work permits in quota and quota-exempt positions to obtain a medical test at an approved clinic in Russia before applying for a visa from an overseas consulate.
What does the change mean? This will require that those foreign nationals make an extra trip to Russia on a business visa to get the required medical test.
Background: Russia is in the process of overhauling its immigration laws. Effective immediately, the new rule requires standard work permit applicants to obtain a medical test at an approved clinic before applying for an entry visa. All of the authorized clinics on the current list are located only in Russia. In the past, foreign nationals could undergo the medical exam after arrival.
Under the new rule, foreign nationals will have to make a special trip on a business visa to undergo medical testing by an approved clinic in Russia, then fly back to their home country to submit the medical results with their application for an entry visa.
BAL Analysis: The rule change will add significant travel time, expense and inconvenience to standard work permit applications for quota and quota-exempt positions.
IMPACT – LOW
What is the change? Those applying for visa extensions must hold a passport that is valid for six months beyond the requested visa extension end date.
What does the change mean? If passports expire in less than six months beyond the end date of the requested visa, the visa term will be shortened to comply with the rule.
Background: The Federal Migration Service recently added this rule to visa extensions. Foreign nationals are already required to have passports that are valid for six months beyond an initial visa’s expiration date. The new rule means that passports must now also be valid for six months beyond the requested extension end date. Russia has recently imposed a barrage of stricter rules regarding foreign visas.
BAL Analysis: Employers and assignees should make sure passports are updated accordingly before extending their visas.
What is the change? Russia is accepting quota applications for securing foreign labor for 2015. Recently, the government updated its application requirements with several stricter rules.
What does the change mean? Employers may file applications to fill foreign-labor allocations for 2015 and for 2014 “corrections.”
Background: The Moscow Center for Labor Exchange has set new requirements for employers applying for foreign workers. Companies must guarantee medical insurance and accommodations for foreign employees. In addition, quota allocations may be rejected based on various grounds. An employer will be denied a quota position if it:
Russia has set the numerical limit of foreign workers at 1.6 million in 2014, down from 1.7 million in 2013. The quota for next year has not been announced.
BAL Analysis: Employers should plan to submit quota applications as soon as possible, and plan for heightened scrutiny under more stringent application rules.
What is the change? Citizens of CIS applying for work permits in Russia must go through an additional pre-approval process.
What does the change mean? The extra step is delaying work permit processing for CIS nationals by about one week.
Background: Russia has imposed a pre-approval process on work permit applications submitted for CIS nationals. The process requires that a local director of the Federal Migration Service, or FMS, approve the application before it is adjudicated under normal procedures. The preapproval process depends on the hours of operation. Typically, the local director signs the documents every Thursday.
Russia recently imposed new entry restrictions on Ukrainians. Tensions are high after Russia annexed Crimea following political demonstrations that deposed Ukraine’s president in February.
BAL Analysis: The additional step for work permit processing will cause minor delays. This new rule is for all CIS nationals, but employers should expect more restrictions between Ukraine and Russia as long as the conflict continues.
What is the change? Russia’s Ministry of Labor has released its list of occupations exempt from work permit quotas for 2014.
What does the change mean? Three occupations in the media industry have been added to the existing 59 exemptions – broadcast anchors, broadcast reporters, and reporters for newspapers, publishing houses or magazines.
Background: Russia has released a list of 62 occupations that are not limited by numerical quotas in 2014. Three new job titles have been added to last year’s list: broadcast anchors, broadcast reporters, and reporters for newspapers, publishing houses or magazines. The other 59 occupations cover jobs within the fields of artistic performance, business management and engineering.
The government has not yet released its quota numbers for 2014.
BAL Analysis: Employers may immediately begin filing applications for new work permits and renewals for the listed occupations.