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BAEFF Legal Services (Limited Liability Company) hereby informs you that from February 15, 2011 the Federal Law No. 385 “On making amendments to separate legislative acts of the Russian Federation” comes into force.

BAEFF Legal Services (Limited Liability Company) hereby informs you that from February 15, 2011 the Federal Law No. 385 “On making amendments to separate legislative acts of the Russian Federation” comes into force. The document introduces changes to five federal laws and is aimed to simplification of the conditions of entering and staying for highly-qualified specialists and members of their families in the territory of the Russian Federation.

Under this federal law amendments are made to Art. 20 of the Federal Law No. 109-FZ “On registration of foreign citizens and stateless persons in the Russian Federation”. In compliance with it highly-qualified specialists and members of their families are freed from the liability of registration at the place of residence for the period not exceeding 90 days after their entering the territory of the Russian Federation. In case of traveling of the said citizens in the territory of the Russian Federation and arriving to a new place for a period not exceeding 30 days, they are freed from actions required for registration at the new place of residence, also.

Due to introduction of a special regime of staying of highly-qualified specialists and members of their families in the territory of the Russian Federation the law is supplemented by new notions: “a highly-qualified specialist” and “members of the family of a highly-qualified specialist” (Art. 2. p. 8, 9).

Art. 23, p. 1,2 provides more information on matters and procedure of deregistration of foreign citizens at the place of residence. Following amendments deregistration is conducted under three matters:

registration at the new place of residence. This paragraph does not make substantial amendments to the existing procedure, but provides some details;

exiting the Russian Federation by the foreign citizen. Under the provided amendments deregistration under the mentioned matter is conducted after “receiving in the prescribed order of data on exiting the Russian Federation by the foreign citizen from the border control authority at the respective Russian Federation State Border checkpoint”.

decease, or coming into force of the court decision on recognition of the foreign citizen a missing person or declaration of his decease. Deregistration will be conducted after receiving from Civil Registry authorities of the document confirming the decease of the foreign citizen, or receiving from the interested physical body (legal entity) of a certified copy of court decision on recognition of the foreign citizen a missing person or declaration of his decease.

Amendments will be applied to “inviting party” notion. Whereas for the time being the inviting party can be a citizen of the Russian Federation, a foreign citizen permanently residing in the territory of the Russian Federation, and a legal entity, branch or representative office of the foreign legal entity and other entities, listed in p. 7 Art. 2, which the foreign citizen works in, since February 15, 2011 the reference to the company, branch, representative office of the foreign legal entity or other entities, listed in p. 7 Art. 2, which the foreign citizen works in, is excluded.

By now the Administration of the Federal Migration Service of Russia in Moscow did not provide any comments concerning amendments to the procedure of registration/deregistration of foreign citizens and interpretation of “inviting party” notion, having specified that all final comments would be provided after coming into force of all the amendments.

Most of amendments and supplements to 115-FZ “On legal status of foreign citizens in the Russian Federation” are combined with the article 13.2. “Features of exercising of labor activity by foreign citizens – highly-qualified specialists”.

Firstly, the amount of minimum wage for different categories of foreign citizens – highly-qualified specialists is specified:

1 million rubles on the basis of one calendar year (365 calendar days) – for scientists and teachers;

without any requirements to the amount of wage – for participants of “Skolkovo” Draft;

not less than two million rubles – for other foreign citizens (p.1.).

Secondly, the list of accompanying members of family of the highly-qualified specialist was significantly extended. They could be: a spouse, children (including adopted ones), spouses of children, parents (including adopting parents), spouses of parents, grandmothers, grandfathers and grandchildren (p. 1.1. Art. 13.2.).

Thirdly, limitations for employment of foreign citizens as highly-qualified specialists in retail business companies (without regard to the assortment of sold goods) are imposed, and a proscription for employment of the said citizens for conduction of predicatory or other religious activity is set (p. 1.2. – 1.3.).

The fourth, quarterly notifications submission term was specified – not later than the last work day of the month, following the reporting quarter – to the registration executive body:

on fulfillment by the employer of obligations on payment of salary to a highly-qualified specialist;

on cancellation of labor or civil-law contract for execution of works (rendering of services) with a highly-qualified specialist;

in case of provision to a highly-qualified specialist of a vocation without preservation of the salary for a period exceeding one calendar month.

A number of changes are related to registration procedure (including the reasons for registration refusal), as well as revocation of residence permit for highly-qualified specialists and members of their family (p. 4 Art. 9; p. 27, Art. 13.2).

Article 5 No. 385-FZ concerns amendments combined with realization of “Skolkovo” Innovation Center” Draft.

Federal Law of the Russian Federation dated December 23, 2010 No. 385-FZ “On making amendments to separate legislative acts of the Russian Federation” provides amendments to the following legislative acts:

Federal Law dated August 15, 1996 No. 114-FZ “On the order of exiting the Russian Federation and entering the Russian Federation”;

Federal Law dated June 25, 2002 No. 115-FZ “On legal status of foreign citizens in the Russian Federation”;

Federal Law dated June 18, 2006 No. 109-FZ “On registration of foreign citizens and stateless persons in the Russian Federation”;

Federal Law dated May 19, 2010 No. 86-FZ “On making amendments to the Federal Law “On legal status of foreign citizens in the Russian Federation””;

Federal Law dated September 28, 2010 No. 244-FZ “On “Skolkovo” Innovation Center”.

 From December 31, 2010 Federal Law dated 29.12.2010 No. 438-FZ “On recognition inoperative of separate provisions of legislative acts of the Russian Federation” came into force. The regulations of the Federal Law “On legal status of foreign citizens in the Russian Federation” (read with the Federal Law dated 18.07.2006 No. 110-FZ) were recognized inoperative. In compliance with them the work permit is issued to the foreign citizen temporarily staying in the Russian Federation provided that an employer or customer of works (services) transfers to the specially opened account of the federal executive board for registration an amount, required for securing of exiting the Russian Federation by the foreign employee by a relevant mean of transport, and after exiting the amount is returned to the employer or customer of works (services) after the end of the contract term. The order of transfer by the employer of an amount, required for securing of exiting the Russian Federation by foreign employees, and returning of such amount are settled by the Government of the Russian Federation.

According to legislator, such provisions of the Federal Law do no work, because there is no mechanism of their realization, and the issues of provision by employers of guarantees of financial securing of exiting the Russian Federation by foreign citizens are governed by other regulations.

 



 

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