Hidden hazards, or what we do not know about the migration registration of foreign citizens

At first glance, the migration registration of foreign citizens or simply - "registration", is not particularly difficult process. The host party (in most cases it is the employer) should comply with the statutory period of migration registration after a foreign citizen entered or moved within Russian territory, as well as timely renew the registration if necessary.

However, these standard actions well known to any employer, do not guarantee 100% compliance with the law.

The legislation provides for a large number of cases, forcing immediate renewal of the current migration registration.

In this article, we discuss some of them in details, trying to protect the employee and the employer from the possible negative consequences of checks by the competent authorities.

To begin with, we would like to remind of the period prescribed for the migration registration of foreign workers as well as their family members.

It is important that migration registration is canceled in case of exit of a foreign citizen from Russia, as well as in case of the application of a foreign citizen or a host party for migration registration at the new place of stay.

In most cases, foreign citizens have only 7 days for migration registration. Many of them do not have potential place of stay and employer and therefore many of them are forced to resort to the search of intermediary companies in the Internet offering registration at their “own” address. We recommend to avoid such proposals, as these are most likely the so-called "rubber apartments". Despite the fact that the Department on migration issues of Russian Interior Ministry assertively fighting with registration of thousands of foreign citizens in a single apartment, the problem is still relevant.

Another "innovation" is known as "rubber offices", their owners know that the law doesn’t provide such term as "rubber office", so they open "fake" offices and register thousands of migrants. Taking advantage of this offer, a foreign citizen takes a risk to be hold administratively liable up to the administrative expulsion from Russia in case of the repeated violation of the law during the year.

In order to avoid violations of the law, we would like to highlight the following key host parties having the right of the migration registration of foreign citizens:

1. The organizations providing hotel services;
2. The living premises, where a foreign citizen actually lives (the migration registration is carried out by the owner of the apartment);
3. The prospective employer (the migration registration is carried out according to the actual address of the organization, where a foreign citizen is planning to work);
4. The Multifunctional migration center (MMC), in case of application for registration of a patent for work, no more than for 30 days.

Further, we would like to continue discussing the cases, forcing immediate renewal of the current migration registration. Most common of them are the following:

Exit of a foreign citizen out of Russia

The exit of a foreign citizen from Russia is one of the most common reasons for the employer to re-issue the migration registration

Every time when a foreign citizen leaving Russia, the current immigration registration is automatically canceled. In this case, after a foreign citizen re-entering Russia, the host party is obliged to make the new migration registration in the new migration card.

Renewal, extension or getting new work-visa

This fact is the absolute basis for the renewal of migration registration within three working days from the relevant event, it is absolutely does not matter if the foreigner went anywhere. Moreover, it doesn’t matter if the current migration registration is not expired.

Changing of personal data (name, passport, post)

This event in the life of a foreign worker is not as frequent, that is why many employers forget that in addition to adjusting of permits, there is a need to "update" the migration registration as well, during 3 working days from the date of the relevant event.

Stay in a hotel or other organization providing hotel services or a medical organization

Another case, which may be tricky for the employer - is the statutory list of organizations obliged to make the migration registration of a foreign citizen and notify the Department on migration issues of Russian Interior Ministry (previously - FMS) on the departure.

The list includes the following organizations:

1. The hotel or other organization providing hotel services, sanatorium, rest home, boarding house, camping, tourist center, children's recreation camp,  medical organization providing medical care in a hospital or social service organization;
2. The organization of social services, providing social services for persons of no fixed abode;
3. The institution executing administrative punishment.

As a foreign citizen cannot have two migration registrations valid at the same time, in fact, a foreign citizen faces the following situation: the new migration registration made by the medical organization or the hotel, cancels the previous one, and in it’s turn the new migration registration should be canceled in case of exit from this organization, after that a foreign citizen have no valid document and the employer must renew the migration registration again by the time of the arrival of a foreign citizen.

We would like to pay special attention to the procedure of migration registration and extension of stay of foreign citizens from visa-free countries, working based on the patent or the HQS work permit (as well as visa-free HQS family members).

There is a common opinion that the extension of the duration of stay is the same as the extension of migration registration (at the place of residence) for the permitted duration of stay. However, it is false.

Migration registration (registration of foreign citizens or stateless persons at the place of residence (hereinafter – the registration at the place of residence) – the fixing of the information on the stay of a foreign citizen or stateless person at the place of residence by the authorities authorized in accordance with the federal law (subparagraph 6, paragraph 1, article 2, 109-FZ).

Temporary stay - this is the period of the allowed stay / residence of a foreign citizen in Russia. This period is always limited by the regulatory act, the agreement between countries or the visa. According to the current legislation, the period of temporary stay in Russia of a foreign citizen arriving in Russia in order not requiring a visa cannot exceed 90 days in total per period of 180 days, as well as if such period is not extended in accordance with the Federal law (paragraph 1, article 5, 115-FZ).

A foreign citizen temporarily staying in Russia must leave Russia at the end of the authorized period of temporary stay established by the law or the international agreement (paragraph 2, art. 5, 115-FZ), or extend it if one of the following cases happened by the date of expiration of that period (paragraph 5, art. 5, 115-FZ):

*extension of the patent is carried out by means of the payment of personal income tax in the form of a fixed payment

Regarding the migration registration and the extension of temporary stay for the accompanying family members of foreign citizens working on the basis of a patent, it is not provided by the legislation.

In practice, the officials of the Department on migration issues of Russian Interior Ministry accept documents for the extension of stay, but in reality, according to the law the term for this category of citizens is calculated according to a general rule, 90 days out of every 180 days.

The consequences of the registration of such family members may be very unpleasant. According our practice, we often faced with the fact that the Russian Federal Migration Service closed entry for accompanying family members of foreign citizens working on the basis of a patent. At the same time, it does not matter that the migration registration lasts longer than 90 days from the date of entry.

In this case, the cancelation of the decision on ban of entry into Russia is not possible.

Another situation is when accompanying family members of HQS or workers of EEU member-countries, who are citizens of visa-free countries, are entering Russia.

Such accompanying family members are covered by the law providing for the possibility of stay in Russia for the term of the permits of working family member, provided the timely migration registration and extension of the period of stay.

If such a category of foreign citizens staying in Russia up to 90 days (for the HQS accompanying family members) and 30 days (for the EEU accompanying family members), sometimes they believe that they are automatically covered with the rules of registration and extension of stay of their working family member of the relevant category. However, when crossing the border they can only choose the purpose of visit as "private" or "work", and due to the fact that the official database of the Department on migration issues of Russian Interior Ministry later cannot identify them as accompanying family members of the relevant category of foreign citizens, they will automatically be issued with a ban on entry into Russia after a certain time.

Therefore, in order to avoid such kind of problems, this category of accompanying family members need to apply for migration registration and extension of stay in accordance with the general requirements for the citizens of the corresponding country within 7 days from the moment of crossing the border.

If the decision on the ban on entry was made, our company has the successful practice of the challenge and the official abolition of such decisions.

The case of accompanying family members of foreign citizens from visa countries is relatively simple. The legislation doesn’t provide the extension of their temporary stay in Russia, as their period of temporary stay is limited by the duration of the visa. However, even this category of foreign citizens need to extend the migration registration within 3 working days from the date of the extension of the visa.

In a conclusion, we would like to note that there are so many categories of foreign citizens, and each of them has its own peculiarities of the migration registration and extension of the stay. In this connection, the host party faces difficulties of meeting the requirements of migration legislation. At the same time, even the slightest violation entails administrative responsibility and high penalties. In order to avoid any difficulties, we strictly recommend employers and foreign citizens to apply to the professionals who can provide you with a guarantee of the legal stay in Russia.