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Changes to the Russian migration law 15.10.2007

Information updated on 17.01.2012
On the 4th of October 2007 the Russian Government put changes into the Russian migration law.

Hereby we would like to draw your attention to some fundamental:
Before changesAfter changes   

                         Obtaining invitation letter for Russian visa through Ministry of Foreign Affairs (TELEX)
Applications for obtaining invitation letters through the Ministry of Foreign Affairs (TELEX) for most foreign citizens (except those from countries with high migration risk) were accepted by the Ministry without any additional documents even if a foreign citizen was going to receive his visa in the country, different from the country of his origin.                                 Applying for invitation letters through the Ministry of Foreign Affairs (TELEX) stating the country of obtaining visa different from the country of origin, it is necessary for the citizens of the countries listed below (table #1) to present the confirmation of their legal stay in the country for more than 90 days along with other documents. One of the following documents like: residence permit, permit for temporary stay, work permit, work or student visa can be the confirmation. Multiple entry business visa can not be considered as a confirmation of more than 90 days legal stay.
              
                                                                 Obtaining Russian visa at the Consulate
Most foreign citizen (except those from countries with high migration risk) could receive Russian visa at the Russian Consulate worldwide. This country could also be different from the country of their origin.                                                                                                                                                                                                                                                                                                                                                                      Citizens of the countries listed below (table #3) can receive Russian visa at the Russian Consulate in the country different from the country of their origin – providing the Consulate with the documents confirming their legal stay in the country for more than 90 days along with other documents. One of the following documents like: residence permit, permit for temporary stay, work permit, work or student visa can be the confirmation. Multiple entry business visa can not be considered as a confirmation of more than 90 days legal stay.
Citizens of the countries listed below (table #4) can receive Russian visa at the Russian Consulate in the country different from the country of their origin – without providing the Consulate with the documents confirming their legal stay in the country for more than 90 days along with other documents. The period of visa processing in that case will be not less than 10 working days.

                                                                  Period of continuous stay in Russia
The period of continuous stay of foreign citizens in Russia on all kinds of visas, including multiple entry business visas was limited only by the validity of visa.                                                            The period of continuous stay of foreign citizens in Russian Federation on multiple entry business visa is limited by the Russian Consulate (when applying for a visa) but not more then 90 days in each period of 180 days.

                                                       Prolongation and cancellation of Russian Visa
Only Federal Migration Service Departments and Representative Offices of the Ministry of Foreign Affairs on the territory of Russian Federation could prolong and cancel Russian visas.                             Federal Security Service at the Russian border control posts have been added to the list of organizations to be in charge of visa prolongation and cancellation.
Visa prolongation as before carried out on the basis of the documents confirming the necessity of the prolongation and for the period of not more than 10 days, but only if the total period of stay in Russia (including period for prolongation) does not exceed 90 days in each period of 180 days.

Full version of the changes to the Russian Migration Law was published in the “Rossiyskaya Gazeta” from October 10, 2007.
The changes came into force on October 17, 2007.

From October 25, 2007 Ministry of Foreign Affairs and Russian Consulates abroad started to bring their procedures in accordance with the last changes to the Russian Migration Law.

Obtaining invitation letter for Russian visa through Ministry of Foreign Affairs (TELEX)


When applying for invitation letter to Russian Federation through the Ministry of Foreign Affairs (TELEX invitation letter), it is necessary for the foreign citizens of the countries listed below (Table #1) to provide the confirmation of legal stay in the country for more than 90 days in case they intend to receive the visa in the country different from the country of their origin. 

Table #1  

Austria         GermanyLithuania          Norway         
AlbaniaGreeceLuxemburgSwitzerland
BelgiumHungaryLebanonSierra-Leone
BulgariaIrelandMacedoniaSlovenia
CroatiaIcelandMaliSpain
EstoniaJapanMexicoSAR
FinlandKorea (Republic)New ZealandUAE

The confirmation of the legal stay in the country different from the country of origin for more than 90 days can be one of the following documents: residence permit, permit for temporary stay, work permit, work or student visa. Multiple entry business visa can not be considered as a confirmation.

When applying for invitation letter to Russian Federation through the Ministry of Foreign Affairs (TELEX invitation letter) for the citizens of the Shengen countries listed below (Table #2), it is not necessary to provide the confirmation of foreign citizen’s legal stay in the country for more than 90 days if the person is intending to receive visa in one of the Shengen countries.

Table #2
 

AustriaIslandPortugal
Belgium    ItalySpain
GermanyLuxemburgSweden  
GreeceNorwayFrance
DenmarkNetherlandsFinland

The procedure of issuing invitation letters through the Federal Service Departments (blank invitation letters) has not changed yet for all nationals. No additional documents are required to obtain invitation letter, even if a foreign citizen intends to receive visa at the country, different from the country of their origin.

Obtaining Russian visa at the Consulate

Citizens of the countries listed below (table #3) applying for visa on any type of invitation letter including on MFI TELEX invitation, FMSD original invitation letter or tourist visa support at the Russian Consulate in the country different from the country of their origin should also provide the confirmation of legal stay in the country for more than 90 days.  

Table #3

AustriaGermanyLithuaniaNorway
Albania            GreeceLuxemburgSwitzerland
BelgiumHungaryLebanonSierra-Leone
BulgariaIrelandMacedoniaSlovenia
CroatiaIcelandMaliSpain
EstoniaJapanMexicoSAR
FinlandKorea (Republic)New ZealandUAE


The confirmation of the legal stay in the country different from the country of their origin for more than 90 days can be one of the following documents: residence permit, permit for temporary stay, work permit, work or student visa. Multiple entry business visa can not be considered as a confirmation.

Citizens of the countries listed below (Table #4) can apply for visa at the Russian Consulates in the countries different from the countries of their origin without providing the confirmation of legal stay in the country for more than 90 days. The period of visa processing in that case will be not less than 10 working days.

Table #4
AustraliaCameronItalyMaltaSenegal
ArgentinaCongoJamaicaMauritaniaSerbia
BeninDenmarkJordanMongoliaSingapore
BoliviaEcuadorKabo-VerdeMozambiqueSlovakia
Bosnia and HerzogovinaEritrea             Kenya                 Myanma                Sudan
BotswanaGabon                  KuwaitNamibiaSweden
BrazilGambiaLaosNetherlandsTanzania
ChiliGuianaLatviaPhilippinesTunisia
ColumbiaGeorgiaLebanonPolandTurkmenistan
CubaGuineaLithuaniaQatarUganda
CyprusGuinea-BissauMadagascarPortugalUnited Kingdom
Czech RepublicIndonesiaMalaysiaRomaniaUSA
CanadaIsraelMaldivesSARYemen

Period of continuous stay in Russia


Russian Consulates in the EU countries started issuing multiple entry visas with the limited period of stay in Russian Federation beginning from August 2007 stating the corresponding information in the section “additional information” of the visa. Russian Consulates worldwide will start issuing visas with the limited stay in Russia in the nearest future.

In case the Russian Consulate did not put corresponding additional information on visa a foreign citizen’s stay in Russia is limited by the period of visa validity.

The period of foreign citizen’s stay in Russia on the basis of visas issued before changes in the Russian Migration Law had come into force (also who already entered Russia) is limited by the period of the visa validity too.



Conclusions and practical advices

It is obvious that Russian Government is trying to put in order the Russian Migration law bringing it to the worldwide standards.

For example: A great number of foreign companies operating on the Russian market enrolling a foreign employee applied for work permit and multiple entry business visa for him. It was not correlated with Russian legislation but still gave a foreign citizen the right to stay in Russian for the whole period of his visa validity.
From now if a company wants a foreign employee to work 100% legal and stay in Russia continuously for the period of more than 90 days, the company should apply for work visa for such foreign citizens.

The work visa is issued on the basis of work permit (for the period of work permit validity but not more than 1 year) and gives a foreign citizen the right to work and stay in Russia 100% legal for the whole period of visa validity without any limits. Furthermore the work visa can be prolonged on the territory of Russia for the new period (on the basis of new work permit and for the new period of its validity but not more than 1 year).

One of the advantages of the work visa is that along with issuing of the work visa for a foreign citizen he is registered for the whole period of visa validity.

For more detailed information please contact the consultants of Confidence Group.

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