02/12/2007

Two federal immigration laws, Law 110-FZ and Law 109-FZ, went into effect in Russia on January 15, 2007. The new laws aim to streamline the work authorization process for visa-exempt foreign nationals, and the registration process for all foreign nationals. Implementation has been uneven thus far, with inadequate resources allocated and procedures established for some new measures.

Changes Related to the Employment of Visa-Free Nationals

Law 110-FZ establishes new provisions for visa-exempt or "visa-free" foreign nationals who wish to work in Russia. Rules governing the employment of visa-subject foreign nationals have not changed. Only nationals of Commonwealth of Independent States (CIS) countries, excluding Georgia and Turkmenistan, are visa-free in Russia. (The CIS is composed of Russia plus 11 former Soviet republics: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan).

Under the new law, to obtain a Work Permit, a visa-free foreign national must submit an application and supporting documents directly to the UFMS office for the region in which s/he wishes to work. (UFMS is the local extension of the Federal Migration Service (FMS) that oversees work permit processing for visa-free nationals and foreign national registration, among other matters). The foreign national must also register with UFMS (see below for registration information). The permit should be issued within 10 days, compared to 25-31 days prior to the law change, and retrieved in-person by the foreign national. Work Permits issued to visa-free foreign nationals do not indicate a particular employer—they may be used to work for any registered employer for the validity period and in the region indicated on the permit. A Work Permit may be issued for a period of up to one year. There is no renewal process per se—a new application should be filed when the first permit is due to expire.

Please note that the principal UFMS office for Moscow is not yet prepared to process Work Permits in accordance with the new laws. The result has been long queues, significant difficulties in filing applications, and processing backlogs. Work has temporarily been distributed across UFMS administrative offices in various districts of Moscow in an attempt to manage the application volume; however, processing issues and delays persist.

Additionally, employers may now hire visa-free nationals without applying for an Employment Permit. An Employment Permit authorizes an employer to hire a foreign national for a particular position, but does not grant the foreign national work authorization, hence the work permit process outlined above. As the Employment Permit process is complex and document-intensive, this change is a significant benefit for employers of visa-free nationals.

Please note that employers are required to notify FMS, the local Territorial Employment Service, and the Federal Tax Service within 10 days of finalizing the employment contract with the foreign national that such a visa-free foreign national has been hired.

Law 110-FZ also establishes a simplified procedure for visa-free nationals applying for Temporary Residence Permits. A Temporary Residence Permit may be issued to a foreign national who intends to reside in Russia indefinitely and is a step toward Russian citizenship. Fragomen advises clients who require more information about, or assistance in obtaining, a Temporary Residence Permit to contact their service provider for Russia.

Changes Affecting Registration

Law 109-FZ changes the registration process for foreign nationals. It mandates the creation of a single database of foreign nationals for simplified registration, record keeping and tracking. It also requires all foreign nationals staying temporarily in Russia to notify UFMS of their presence by mail; however the process for doing so has not yet been fully defined. The remainder of the registration process is the responsibility of the host party (e.g., the host company).

Within three business days of arrival, a visiting foreign national must submit his/her passport and Migration Card to the host party, who must register the foreign national and the foreign national's intended residence address with UFMS using a specific Notification form. The form may be obtained from UFMS or in electronic form on select government websites. UFMS will return a detachable portion of the Notification form to the host party as confirmation of the foreign national's registration and the host party will provide it to the foreign national. Upon departure from Russia, the foreign national must return this portion of the Notification form to the host party, who must send it to UFMS within 2 days after the foreign national's departure.

The above-referenced Notification form will indicate the place of stay and all other registration data—the place of stay will no longer be indicated on foreign national passports or Migration Cards. Re-registration is required in the event of a change in temporary residence address.

In preparing this article, Fragomen has worked closely with Immigration law firm VISTA Foreign Business Support (Moscow). The content herein is provided for informational purposes only.

If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services.

Source: http://pubweb.fdbl.com/news1.nsf/c8abb103352ef95a86256e3100809438/bfd2bcdbcfda5cff85257280006edb89?OpenDocument