Start the year marked a number of alarming news about significant changes that dramatically alter the steady way of foreign citizens in the Russian Federation, are tightening the rules for staying guests. These news backed wave of bans on entering Russia CIS citizens en masse without any explanation from the police. Not entirely clear is the situation with work permits and new patents for legal entities.
Editorial comment on these changes Fergana asked coordinator Law Center United Migration Service , a member of the working group of the Committee on Health of the State Duma Russian Fringe Bahtierovich Ismailov.
Term limits in Russia
Since January 1, 2014 an amendment to the Federal Law On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation and Article 5 of the Federal Law On the Legal Status of Foreign Citizens in the Russian Federation.
The second paragraph of Article 5 § 1 of the Federal Law of 25 July 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation now reads as follows:
The period of temporary stay in the Russian Federation of a foreign citizen who has arrived to the Russian Federation in a manner not requiring a visa can not exceed ninety days in total per period of one hundred eighty days, except in cases provided for by this Federal Law, as well as in the case unless such period is extended in accordance with this Federal Law.
Federal Law "On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation in terms of grounds for limiting entry into the Russian Federation is supplemented by the following paragraph:
12) a foreign citizen or stateless person during his previous stay in the Russian Federation exceeded the term of ninety days in total per period of one hundred eighty days - within three years from the date of departure from the Russian Federation.
What it entails? If before the foreigner has the right to his arrival in Russia, to be here 90 days, and after that time to leave home or take leave for the nearby border country, and the next day re-enter Russia and to continue his stay, the 2014 this will not work. Under the new provision, a foreign citizen, having left after 90 days will be able to return to Russia only after a further 90 days. In other words, within one half in Russia can be located only three months.
If a foreigner violates tenure, he faces an administrative fine to the deportation or refusal of entry to Russia while trying to enter the next time.
Legislators still provided some concessions: for example, if a foreign citizen gets to the hospital, and thus violates the terms of staying for a good reason, then the provision of appropriate certificates tenure he renewed.
Registration in the Rubber apartments
Russian lawmakers to toughen the penalties for violating the rules of registration and migration control. Since 2014 for the registration of fictitious criminalized. We are talking about registering for fake documents, as well as in the area where the person was not originally going to stay.
The penalty for such a violation will be from 100 to 500 thousand rubles. Or its size is equal to income for the period up to 3 years. In addition to fine the offending alien or the Russians may be punished with correctional labor and imprisonment for up to 3 years.
In addition, increased penalties for registration violations. For living without registration - from 2 to 3 thousand. For owners whose flats live without registering citizens - from 2.5 to 5000 rubles. Fines for organizations much more - from 250 to 750 thousand rubles. Unscrupulous officials who registered citizens in violation of the law will be punished by a fine of 25 to 50 thousand rubles.
Given that, according to some estimates, up to 90% of foreign nationals not residing at the address specified in the registration, this innovation is a very strong argument in the hands of law enforcement.
By law, the owners of the premises are required to report to the migration service that they live or those other citizens. For delay in notification of the register now provides for fines for citizens - from 2 to 3 thousand rubles for legal entities - from 4 to 7000 rubles.
Detect violations of the rules for registration and migration control instructed the Federal Migration Service and the Interior Ministry. Departments will inspect both together and independently. Become the basis for the verification of the complaint or statement of citizens. For example, if the citizens deem suspicious tenants neighboring apartment and file a complaint with the law enforcement agencies, it will be sufficient to start checking for a criminal offense. This fact significantly increases the ability of law enforcement in identifying illegal residents and citizens of the apartment owners, contributing to this.
Undesirability of stay or the ban on entry
Federal Law of August 15, 1996 N 114-FZ "On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation as supplemented by the following paragraphs prohibiting foreign nationals to enter the territory of the Russian Federation:
4) foreign nationals repeatedly (two or more times) for three years brought to administrative responsibility in accordance with the legislation of the Russian Federation for administrative offense in the territory of the Russian Federation - within three years from the date of entry into force of the last decision to bring to administrative responsibility;
11) a foreign citizen or stateless person repeatedly (twice or more) for one year were brought to administrative responsibility for administrative offense related to an infringement of public order and public safety, or in violation of the stay (residence) of foreign citizens or persons without citizenship in the Russian Federation or implementation of their work in the territory of the Russian Federation - within five years from the date of entry into force of the last ruling on the administrative liability;
In the Federal Law of 25 July 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation was introduced by the following paragraph:
"Foreign citizen or stateless person repeatedly (twice or more) for one year brought to administrative responsibility for administrative offense, infringe on public order and safety or violation of the stay (residence) of foreign citizens in the Russian Federation or the order enjoyment of work in the territory of the Russian Federation, or committed an administrative offense involving trafficking in narcotic drugs, psychotropic substances and their analogues or precursors, plants containing narcotic drugs or psychotropic substances or their precursors, as well as their parts containing narcotic drugs or psychotropic substances or their precursors;
I would like to pay special attention to the fact that in 2014 the basis for the prohibition of foreign nationals entering the territory of the Russian Federation may be subject to an administrative offense for violation of public order or the rules of the road.
Despite the adoption of a comprehensive approach to the abovementioned legal acts, the FMS of Russia requested to submit proposals to strengthen control the entry of foreign citizens in the Russian Federation and their stay in the territory of the Russian Federation, providing for foreign nationals who have violated the terms of their stay in the territory of the Russian Federation, the establishment of a temporary ban on enter the Russian Federation for a period of three to ten years, depending on the length of their illegal stay on the territory of the Russian Federation. Deadline - June 30, 2014.
Restrictions on employment
In 2014, the Russian government has set allowable share of foreign workers employed by business entities in the retail sector and in sports.
In accordance with the innovations foreigners may be admitted to the retailing of alcoholic beverages, including beer, however, their number should not exceed 15 percent of the total workforce, whereas in 2013 the proportion of foreigners allowed in this area was 25 percent.
In retail chemist in 2014, as in this, foreigners will not be at all. Zero quota for foreigners is also provided for retail stalls and markets.
As for sports, there is regulated by the so-called "other activities" (which includes the activities of the organization and conduct of various sports activities, as well as the activities of independent athletes and athletes, referees, coaches, trainers, etc.) Max proportion of foreigners will be here, as in 2013, 25 per cent.
Patents as a work permit
Received wide publicity initiative of Russian President Vladimir Putin's administration for foreign patents necessary for employment in legal entities.
Federal Migration Service of Russia tasked until April 2, to develop legislation aimed at providing legal entities and individual entrepreneurs to attract labor rights of foreign nationals on the basis of a patent. The effect of a patent must be confined to the same region, and the region should have the authority to self-formation of patent value.
While these innovations are in the pipeline, 1.6 million foreigners will be able to get in 2014 permission to work in Russia - this is the size of the quota for their involvement.
It is worth noting that the previous few years the quota was kept at 1.7 million. At the same time in 2013 in the framework of its work permit received about 1.2 million foreigners.
TIN as a duty for all
The Federal Law of 25 July 2002 N 115-FZ On the Legal Status of Foreign Citizens in the Russian Federation Article 13, paragraph 7, supplemented as follows:
7. Subsequent to review documents for a foreign citizen or work permit patent federal executive body in charge of migration or its territorial body checks that of registration with the tax authority of the foreign citizen on the basis of the information available in the public information system of migration control.
In the absence of such information, the federal executive body in charge of migration or its territorial body not later than the day following the day the consideration of documents for registration of a foreign citizen or work permit patent sends information about the production of the foreign citizen migration registration at the place of stay the tax authority at the place of residence. Tax authority no later than the day following the date of registration of a foreign citizen, directs the federal executive authority in the field of migration or its territorial body of information about the production of a foreign citizen registered with the tax authority.
Quotas for a temporary residence permit in 2014
In 2014 Russia will receive 95 000 880 temporary residence permits for foreign citizens and stateless persons.
It should be noted almost tridtsatiprotsentnoe allocated quota reduction compared with 2013 year. This decision personally, I think it very strange because in the fight against illegal migration cost would expect from the government creating additional quotas for foreign citizens and stateless persons who have decided to reside legally on the territory of the Russian Federation by registration of all procedures. Moreover, this decision is contrary to the Government's policy to increase the quota of the foreigners work (with 1.2 million in 2013 to 1.6 million in 2014).
Naturally, in the different regions will go a different number of migrants. Quota in each subject is set, based on the migration situation in the region and its economic status. Most foreign nationals can come to the Moscow region, for her, there are seven thousand permits for temporary residence. And least of all - in the Nenets Autonomous Okrug, and the Republic of Kalmykia, these regions only 50 permits. By federal district leader in attracting foreign nationals for temporary residence will be Central Federal District - only 28 thousand 050 permits.
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