March 28, 2011

Pro-Link GLOBAL’s last GLOBAL Brief on Russia was a reminder of changes to rules around migration registration, notably, that registration was required to be done at the residential address of the employee rather than at the company address from 15 February.  This rule has been reversed, with effect from 25 March, bringing significant relief to foreign businesses.

What Has Changed? 

Effective 25 March 2011, the following rules apply:

  • Migration registration can be done using either the residential address of the foreign national or the address of the Employer.
  • Registration must now be done within seven days of arrival, as opposed to within three days of arrival previously
  • Foreign nationals (applicable to highly skilled workers only) who own residential property in Russia may act as an inviting party to family members and register them at the aforementioned residence
  • A foreign national is no longer legally liable for violating registration requirements, i.e. failing to register at the place of residence, and can no longer be stopped and fined by police officers in the street.  Instead, the inviting organization is liable. The above does not apply to foreign nationals who act as an inviting party to himself/herself and fail to register themselves.
  • Foreign nationals who are exempt from entry visa requirements, (this mainly applies to citizens of Commonwealth of Independent States, or CIS countries) and arrive to Russia to work as highly skilled workers will be registered for the validity of their work permits, without needing additional approval for extension of the migration registration.
  • It is still the case that de-registration will be handled automatically on departure from Russia or on arrival to a different region in Russia – migration de-registration is no longer a separate required action.

Why The Changes? 

After the announcement that, from 15 February 2011, foreign nationals would need to be registered at the residential address, there was a great deal of consternation among foreign businesses in Russia.  Registering at the residential address would have caused significant additional administrative burden.  This is because registering at a residential address where a lease agreement has been signed directly between the foreign national and a landlord requires the landlord to either go in person to the authorities or to issue a notarized Power of Attorney to authorize a third party to go on his/her behalf – obtaining such a Power of Attorney is very difficult in practice.  Foreign businesses lobbied hard to have the rule overturned and were successful.

ACTION ITEMS FOR EMPLOYERS 

Note that the foreign employees may now be registered at the company address, as before.

Note that registration must be done within seven days of arrival (not three, as before).

Caveat Lector | Warning to Reader  

This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment’s notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification.  Pro-Link GLOBAL worked with our PLG | KGNM correspondent office in Russia to provide this GLOBAL Brief to you.