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Some changes in the migration law

Dear colleagues!

We would like to inform you about new changes in the field of migration legislation of the Russian Federation that came into force on 05 December 2011 because of publication of a Federal Law of the RF No. 383-FZ “About making amendments to separate legislative acts of the Russian Federation” dated 03 December 2011.

Article 13 of the Federal Law No. 383-FZ provides several amendments to the Law 115-FZ “About legal status of foreign citizens in the Russian Federation”.

First, in the course of consideration of application of a foreign citizen for issuing of a permission for temporary residence in the territory of the Russian Federation (regardless of the regime of temporary residence of a foreign citizen – with or without visa) territorial executive migration authority starting from 05 December 2011 would not send requests to a tax authority for receiving information about existence or absence of circumstances preventing issuing of a permission for temporary residence for a foreign citizen. The said amendments are provided to Paragraph 5 Article 6 “Temporary residence of foreign citizens in the Russian Federation”, and в Paragraph 7 Article 6.1 “Temporary residence of foreign citizens, who arrived to the Russian Federation in the order not requiring receiving of visa”;

Second, an amendment made to Subparagraph 14 Paragraph 1 Article 7 “Reasons for refusal of issuing or annulment of a permission for temporary residence”, that excludes the possibility of refusal of issuing or annulment of an issued permission for temporary residence of a foreign citizen, who arrived in the order not requiring receiving of visa, if a Certificate of tax registration of a foreign citizen was not provided to the Federal executive migration authority.

Third, when getting work permission for foreign citizens, who arrived to the Russian Federation in the order not requiring receiving of visa, provision of a migration card to the Department of Federal Migration Service would not be required. If the said document is not provided, the Federal executive migration authority shall check data about a foreign citizen in the migration card on the basis of information available in the competent authorities. In connection therewith, the possibility of refusal of acceptance of documents for issuing of a work permission for this category of foreign citizens if they did not provide a migration card in the set of documents is excluded (Paragraph 5 Art. 13.1);

Fourth, details were provided to the list of reasons for refusal to prolong work permissions for foreign citizens with a visa-free staying regime, and for foreign citizens who received a permission for temporary residence in the territory of the Russian Federation. In compliance with a detailed list, besides the following reasons:

- existence of uncancelled or not overturned record of conviction of a foreign citizen;

- provision of fabricated or false documents;

- support of forced change of foundations of the constitutional system, etc. (the full list of reasons is presented in the paragraph 9, 9.1 or 9.2 Article 18 115-FZ)

the following is considered to be a sufficient reason for refusal to temporary residing foreign citizens – absence of notification of registration at the place of staying, and for citizens who are allowed a temporary residence  – absence of work permission and permission for temporary residence. This means that in case of check by a Federal executive migration authority, there is no data about availability of notification of migration registration of a foreign citizen, the prolongation of work permission can be refused. The situation is quite similar with foreign citizens, who are allowed a temporary residence in the territory of the Russian Federation - if data on availability of work permission and permission for temporary residence of a foreign citizen are not confirmed, the possibility of refusal to prolong the work permission is not excluded.

Concluding provision of Article 13 of the Law 383-FZ excludes the possibility of refusal of acceptance of documents for prolongation of work permission of a highly qualified specialist in case of non-provision of notification of migration registration of a highly qualified specialist to the Federal executive migration authority. If the said document is not provided, data on registration of the said specialist at the place of staying available at the state information system of migration control will be used.

 

 

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