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IMPACT – MEDIUM
What is the change? A new law imposes obligations on employers and individuals who invite foreign nationals to Russia to make sure that the foreign nationals comply with the terms of their visa and the purpose of their entry and exit the country when required.
What does the change mean? The law also sets penalties for failing to meet these new obligations. Individuals may be fined 2,000 to 4,000 rubles (about US$30 to US$60), company officials may be fined 45,000 to 50,000 rubles and entities may be fined 400,000 to 500,000 rubles.
Analysis & Comments: Employers should be aware of their new obligations and review their procedures. In particular, the inviting company should obtain written acknowledgment from foreign nationals when they arrive in Russia that they are required to comply with the stated purpose of entry and leave before their visa expires.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
IMPACT – HIGH
What is the change? Following the imposition of martial law in 10 regions of Ukraine, the Ukrainian government has announced that male citizens of Russia ages 16-60 are restricted from entering the country. According to the State Border Authority’s hotline, Russian citizens holding temporary or permanent residence permits will not be affected by the restriction.
Background: After Russian forces seized three Ukrainian ships Nov. 25 in the Black Sea, the Ukrainian government imposed martial law in 10 regions. The bar on entry for Russian men has not been codified by law, but border officers are likely acting based on internal instructions that are not publicly available. As of now, Russian men who lack a residence permit are unlikely to be admitted to Ukraine during the period of martial law. In addition, Russian men who hold a valid residence permit may be at risk of non-admission. According to press reports, the Russian Foreign Ministry has said that Russia does not plan on retaliating against the Ukrainian ban by restricting Ukrainian nationals from entering Russia.
Analysis & Comments: Russian men ages 16-60 may face difficulties with crossing the Ukrainian border, especially if they do not already possess a residence permit. Russian men who are currently in Ukraine to obtain a residence permit are advised to stay in Ukraine until after the residence permit has been obtained. Additional information is likely to become available in the coming days.
What is the change? A new electronic filing system to submit and track visa applications has been implemented.
What does the change mean? The online process will simplify processing and require fewer personal appearances by visa applicants.
Analysis & Comments: Visa applicants will benefit from simpler procedures and fewer in-person appearances. They should be prepared to provide additional information such as their marital status, level of studies and industry sector. Applicants should anticipate some delays as the new system is rolled out, but processing should eventually be faster than now.
Reports on the salaries paid to highly qualified specialists during the third quarter of 2018 (July through September) must be submitted in October.
The reports, which employers must complete to show that they have met minimum salary payment levels, are required quarterly. Employers are also required to include copies of their HQS salary reports during the work permit renewal process.
Analysis & Comments: Companies should ensure that they submit their quarterly reports on time and that the salaries comply with wage thresholds for HQS workers.
What is the change? Taiwan has announced that it will provide visa-free travel to Russian nationals from now until July 31, 2019.
What does the change mean? Eligible nationals will be able to travel visa-free to Taiwan for stays of up to 14 days for business or tourism.
Background: Taiwan has liberalized its visa policies for several Asian and Latin American countries in recent years. Taiwanese authorities announced this week that they would extend visa-free travel to Russian nationals until July 31, 2019. It should be noted that Taiwanese travelers still must obtain a visa in order to travel to Russia.
BAL Analysis: Taiwan’s easing of visa requirements for Russia and other countries is aimed at facilitating business travel, strengthening economic ties and encouraging investment. While the waiver will benefit a number of Russian nationals, those who intend to stay more than 14 days will still be required to obtain the appropriate visa.
This alert has been provided by the BAL Global Practice group and our network provider located in Taiwan. For additional information, please contact your BAL attorney.
Copyright © 2018 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.
What is the change? The United Arab Emirates has waived visa requirements for Russian nationals.
What does the change mean? Russian nationals will be able to travel to the UAE without first obtaining a visa for up to 30 days for business or tourism. Russia is in the process of waiving its visa requirement for UAE nationals.
Background: The UAE and Russia inked the agreement in July, when the UAE sent a delegation to meet with Russian officials. Russian nationals may now visit the UAE without first obtaining a visa for up to 30 days, extendable for an additional 30 days while in the UAE.
Russia is moving toward implementing visa-free travel for UAE nationals. A statement posted to the Russian Embassy’s website says the agreement states it will go “into force after 30 days (after the required) internal procedures are accomplished by Russia and UAE, which has not happened yet. The procedures themselves and their timing may vary from one country to another.”
BAL Analysis: The visa waiver will make it easier for Russian nationals to visit the UAE for business or tourism. The UAE has actively pursued visa exemptions, and has recently implemented visa-free travel agreements with Chile, China, Ireland, Switzerland, Uruguay and Ukraine. The number of countries allowing UAE nationals to enter without a visa now exceeds 155.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
What is the change? Russia’s parliament has approved a bill that will extend visa-free entry into Russia for 2018 FIFA World Cup FAN ID holders for the rest of the year. The bill has been signed by Russian President Vladimir Putin and will take effect Aug. 14.
What does the change mean? FAN IDs were used as entry/exit documents during the 2018 FIFA World Cup. Once the bill takes effect, holders of FAN IDs will be able to enter Russia without a visa through the end of 2018. Additional amendments may be made to visa regulations that allow family members and friends traveling with FAN ID holders to obtain a visa free of charge.
Background: The FIFA World Cup soccer tournament, which ended July 15, took place in western Russia, where 11 cities hosted matches. After the World Cup final match in Moscow, Putin announced the visa-free entry policy for FAN ID holders and a bill was later approved by the Federal Assembly and signed by Putin. Approximately 806,000 individuals hold Fan IDs and 3 million foreigners visited Russia during the tournament, according to Russia’s deputy prime minister. Putin said in a cabinet meeting that the FAN ID travel system may be extended to other sporting and cultural events in 2019.
BAL Analysis: Foreign travelers who hold a World Cup FAN ID are reminded that they must have a valid passport at the moment of entry and for the duration of their stay in Russia. The purpose of extending visa-free entry for FAN ID holders is to promote tourism. Travelers who have a FAN ID but plan to conduct business activities while in Russia will still need to obtain a business visa.
This alert has been provided by the BAL Global Practice Group and our network provider Intermark Relocation located in Russia. For additional information, please contact your BAL attorney.
What is the change? Russian immigration authorities have rejected applications filed by employers for registration of foreign nationals—even in cases where the employer is the “host party” for foreign registration purposes.
What does the change mean? The pattern follows the implementation this month of new regulations for the registration of foreign nationals. Local immigration authorities have refused registration applications from employers in a number of offices, including the Presnensky office and others in Moscow. Some offices are accepting registration applications from employers, but implementation is inconsistent.
Background: The new rules took effect July 8 and changed the requirements of the “host party” responsible for completing registration.
Since the regulations took effect, implementation has been inconsistent from office to office. In some cases, authorities have rejected applications from employers even when employers are renting accommodations on behalf of foreign nationals and, therefore, are responsible for completing registration.
BAL Analysis: In recent days, local office have begun to accept more registration applications from employers, though enforcement is still inconsistent. Employers are encouraged to work closely with BAL to ensure they are completing registration procedures.
Intermark Relocation, BAL’s network partner in Russia, continues to work with authorities, asking that they provide written clarification about the new regulations. It is not clear, however, how long the current enforcement trends will continue.
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.
What is the change? Russia has made significant changes to its rules for registering foreign nationals.
What does the change mean? Beginning July 8, foreign nationals must be registered at the address of their actual dwelling, rather than a company address. The responsibility for completing registration will fall on the party that is providing accommodation to the foreign national. This could be the employer or the landlord, depending on the type of lease agreement. The changes will have no effect on foreign nationals who are staying at hotels, but will affect those staying at accommodations such as an apartment or house.
Background: The new rules will take effect under a federal law that redefines the meaning of “place of stay” and “host party” for foreign registration purposes. The responsibility for registering will fall on the host party, rather than on the foreign national. This does not change the foreign national’s responsibility to provide the host party with documents required for registration, including passports, migration cards and previous registration documents (if applicable).
Importantly, host parties must register foreign nationals at their actual place of dwelling, rather than at a company address (unless the foreign national is actually dwelling on company premises). Whether the landlord or the company is considered the “host party” depends on the type of lease agreement.
The changes may pose particular difficulty for foreign nationals renting directly from a landlord, especially because landlords who are not on site or are outside of Russia are sometimes willing to risk being fined rather than completing registration processes. In such cases it may be preferable for employers to rent an accommodation for foreign nationals so that the employer, rather than the landlord, is able to complete registration processes.
None of the law’s provisions affect cases where foreign nationals stay at hotels because hotels are, and will remain, responsible for completing registration.
Companies that fail to adhere to registration rules face serious consequences, including fines of 400,000 to 500,000 rubles (about US$6,300 to $7,880) for corporate entities and 40,000 to 50,000 rubles for company officials. Foreign nationals could also face penalties, even though they are not themselves responsible for completing registration procedures. Penalties for foreign nationals may include fines of 2,000 to 7,000 rubles and possible expulsion from Russia.
BAL Analysis: Host companies and foreign nationals alike should be sure that they adhere to the new registration rules and are reminded that after July 8 the registration address must be the address of actual dwelling, and not the company address. In cases where a landlord is off site, outside of Russia or otherwise unable or unwilling to complete registration procedures, it may be advantageous for employers to rent accommodations for foreign national employees. This will allow employers, rather than landlords, to complete registration as the host party.
The law does not explicitly require foreign nationals already in Russia to reregister after July 8. However, those who are registered at their company’s address rather than their address of actual dwelling may wish to have their host party register them at their dwelling address after the new law takes effect.
Employers and foreign nationals are reminded that in cities hosting World Cup soccer matches, foreign nationals must be registered within three calendar days. In other locations, registration must be completed within seven business days. Highly qualified specialists and their families have up to 90 calendar days for initial registration upon arriving in Russia and 30 calendar days to register if they move to a new location in Russia.
Authorities continue to enforce amended foreign registration rules through July 25 for the 2018 FIFA World Cup soccer tournament. Foreign nationals have three days to register with authorities upon arriving in cities that are hosting World Cup matches, whether coming from abroad or from other areas of Russia. Russian nationals arriving from other parts of Russia must register with the relevant authorities within three calendar days of their arrival. The requirements for both foreign and Russian nationals apply regardless of whether their stay is temporary or permanent.
Key points:
Background: Russian authorities are imposing additional registration requirements during the World Cup, similar to when the country hosted the Confederations Cup. The requirements are in place until July 25 and affect Russian and foreign nationals arriving in cities hosting World Cup matches before July 25. These cities are Kaliningrad, Kazan, Moscow, Nizhny Novgorod, Rostov-na-Donu, St. Petersburg, Samara, Saransk, Sochi, Volgograd and Yekaterinburg.
The additional registration requirements for Russian and foreign nationals traveling to the areas listed above may cause delays during the tournament. Business travelers should note that the registration requirements apply during the specified times no matter whether they are traveling to attend soccer matches or not. Travelers may be affected, therefore, even if their purpose in Moscow or other cities hosting soccer matches has nothing to do with the matches themselves.
BAL Analysis: Those planning to travel to cities hosting matches are urged to follow the requirements listed above. Failing to do so could lead to administrative penalties, including fines of up to 7,000 rubles (about US$113) for visitors and up to 500,000 rubles for hosting companies and 50,000 rubles for hosting company officials. Foreign nationals who fail to register risk not only fines, but expulsion from Russia.