On January 16, 2019, Federal law of 19.07.2018 # 216-FL “On amendments to article 16 of the Federal law “On the legal status of foreign citizens in the Russian Federation” comes into force.
The changes directly affect the state authorities, legal entities, citizens of the Russian Federation, foreign citizens and stateless persons permanently residing in the Russian Federation, as well as any other organizations who have invited foreign nationals to Russia and issued invitation letters for them.
According to the amendments Inviting party is a subject to new obligations in addition to medical, housing and material support of foreign nationals invited to the Russian Federation.
The Inviting party (the Inviting party is usually indicated in the visa) will be obliged to take measures to ensure the invited foreign nationals follow the regime of stay in the Russian Federation, in particular:
1) Take measures to ensure that the declared purpose of the invited foreign national’s visit match the activities actually carried out by him while staying in Russia;
2) Take measures to ensure that the invited foreign national departs Russia before the expiration of his visa or after a certain period of his stay in Russia.
The Government of the Russian Federation will determine the procedures and obligations to be taken by the Inviting party.
At the present the Government of the Russian Federation has prepared a draft of the Decree and the following measures are planned to be approved:
1. In order to ensure the declared purpose of visit is compliant with the activities actually carried out by invited foreign national while staying in Russia the Inviting party will be obliged:
1.1. To sign the notification of purpose of visit compliance with a foreign national after his arrival to Russia and warn of penalties for non-compliance (the form of such notification will be provided by the Ministry of Internal Affairs).
1.2. To provide conditions so that the invited foreign national could comply with the declared purpose of visit (employment if the purpose of visit is work, organization of tourist trips, excursions for the “tourist” purpose of visit, etc.).
1.3. Keep communicating with the invited foreign national (including e-mail correspondence).
1.4. In case of non-compliance or loss of communication with the invited foreign national to inform the authorities within five business days from the date the relevant facts were discovered.
2. In order to ensure the foreign national departed the country after a certain period of his stay in Russia the Inviting party will be obliged:
2.1. To sign the notification of duration of stay compliance with a foreign national after his arrival in Russia and warn of penalties for non-compliance (the form of such notification will be provided by the Ministry of internal Affairs).
2.2. To remind the foreign national that he needs to leave Russia before his visa expires not later than in 10 days before the visa expiry date. The reminder is proposed to be sent by registered letter with a notification of delivery or to hand over to a foreign national personally against his signature.
2.3. To assist the foreign national in removing obstacles that prevent him from leaving Russia in time (e.g. in case of lack of money, loss of ID documents, illness and other circumstances).
2.4. In case of non-compliance (overstaying) to inform the authorities within five business days from the date of violation.
IMPORTANT:
In accordance with the Federal law of 19.07.2018 # 215-FL “On amendments to article 18.9 of the Code of administrative violations of the Russian Federation” starting from January 16, 2019 the administrative fines will be raised in case Inviting party fails to fulfill the above measures in amount of:
- for a citizen – 2 000 to 4 000 rubles;
- for a company official – from 45 000 to 50 000 rubles;
- for a legal entity – from 400 000 to 500 000 rubles.
In case of violations committed by the Inviting party, the administrative penalties will be raised in respect of each foreign citizen or stateless person separately.
Legislation:
1. Federal law of 19.07.2018 # 216-FL “On amendments to article 16 of the Federal law “On the legal status of foreign citizens in the Russian Federation”.
2. Federal law of 19.07.2018 # 215-FL “On amendments to article 18.9 of the Code of administrative violations of the Russian Federation”.
3. The draft of Decree of Government of the Russian Federation of 28.06.2018 “On the application of measures held by Inviting party to ensure the invited foreign national or stateless person is compliant with the rules of stay (residence) in the Russian Federation in the part of compliance with a stated purpose of entry to the Russian Federation to activities or occupation actually carried out within the period of stay (residence) in the Russian Federation, as well as to ensure the timely departure of the invited foreign national or stateless person outside the Russian Federation after a certain period of stay in the Russian Federation”.
Prior new changes will come into force we would recommend the organizations inviting foreign nationals to develop the internal compliance procedures and protocols that will allow to ensure the invited foreign nationals are totally compliant with their purposes of visit in Russia and are departing Russia without overstaying.
Please, feel free to contact us should you have any questions – we would be happy to help!
Best regards,
VFBS
Migration Law Department