May 27, 2020

The Internal Affairs Ministry has issued comments on current legal status of foreign citizens in Russia

The Internal Affairs Ministry has issued comments on the current legal status of foreign nationals and stateless persons in Russia.

The document clarifies issues, connected with extension of expiring immigration documents, application for the new ones, work of foreign citizens without work permits and work visas and etc.

The Internal Affairs Ministry of Russian Federation: Information: Issues connected with implementation of regulations in migration sphere in the period from March 15 till June 15 2020 and afterwards in connection with the Presidential Order from April 18, 2020 № 274 «On temporary measures for regulation of legal status of foreign citizens and stateless persons in Russian Federation in connection to danger of further spread of the new coronavirus infection (COVID-19)”  

NGovernment functionApplicant categoryActions of local offices of the Internal Affairs Ministry in the period from March 15 till June 15, 2020Actions of local offices of the Internal Affairs Ministry starting June 16, 2020
1. Issuance of corporate work permits as well as work permits for foreign citizens and stateless persons Employer President Order from April 18, 2020 N 274 “On temporary measures for regulation of legal status of foreign citizens and stateless persons in Russian Federation in connection with the danger of spread of the new coronavirus infection (COVID-19)” (further – Order N 274) does not apply to employers and foreign citizens, whose immigration documents expire after June 15, 2020. Order N 274 is applied exclusively to employers and foreign citizens, whose immigration documents are expiring in the period between March 15 and June 15, 2020. Application of Order N 274: – Corporate Work Permits and Permanent Work Permits, which expire in the period from March 15 till June 15, 2020 are deemed valid till June 15th; – Application for the new Corporate Work Permits and work permits for the foreign nationals and extension of these documents are processed as usual according to the normally enacted migration legislation; – Decisions on annulment of work permits are not processed. Corporate Work Permits and Work Permits are extended for the number of days they were valid in the period from March 15 till June 15 2020.
2. Issuance of Patents for work in Russia (CIS citizens); Foreign citizen or stateless person Order N 274 does not apply to foreign citizens, whose documents (patents) do not expire in the period from March 15 till June 15, 2020: – paid for their patents before the March 15th and payment covers the period till June 15th 2020; – continue to pay advance payments according to regulations set by Order N 274; – applied for the patent (due to absence of the document, which validity expires in the period set by the Order N 274). Order N 274 applies to the following categories of foreign citizens: – who stopped paying for their patent advanced payments according to Order N 274 (due to expiration of the patent); – who applied for the re-issuance of the patent. Application of Order N 274: – patent, which has expired in the period set by Order N 274 (according to the paid income tax), is deemed to be valid till June 15, 2020. Income tax, paid for the period between March 15 and June 15 is transferred to the period after the June 16th; – When applying for the new patent payment of the advanced income tax fee is required in full. At the same time in case such patent holder stops paying income tax payments and his work patent expires before June 15th, the patent is deemed to be valid till June 15th. Also, the income tax paid in the period between March 15 and June 15 will be counted for the respective period after June 15; – Patents cannot be annulled until June 15. Advance income tax payments paid in the period between March 15 and June 15 are counted for the respective period after June 15.
3. Notifications regarding signing\termination of labour agreements with foreign nationals Employer Reminder: Employers have to file notifications regarding signing\termination of labour agreements with foreign nationals within 3 business days from the date of signing\termination. According to Presidential Orders № 206 from March 25, 2020 and № 239 from April 2, 2020 and № 294 from April 28, 2020 periods from March 30 till April 30 and from May 6 till May 8, 2020 are considered to be “not working days”. Though, certain types of employers were allowed to continue operations in this period. The fact that they signed labour agreements in itself shows that operations were not stopped, which means that such employers had to file notifications within 3 business days. Starting June 16th notifications are filed as usual;
4. Salary notifications for HQS (Highly Qualified Specialists) Employer Rules are applied in the same way as to the notifications mentioned in sec. 3 of the present document.

Attention: Period from March 30 till April 30 and from May 6 till May 8, 2020 are considered to be paid “not working days”. This means that employers have to pay HQS in full for the aforementioned period.

 Starting June 16th notifications are filed as usual;
5. Filing of copy of the labour agreement CIS citizens, with work patent Rules are applied in the same way as to the notifications mentioned in sec. 3 of the present document.

Important: In case expiration of the 2 months period (from receipt of the patent) falls on the period of non-working days: from March 30 till April 30 and from May 6 till May 8, 2020, filing has to be done on the nearest working day which was 12 May 2020;

 Starting June 16 filing is done as usual;
6. Foreign citizens performing work activities without work permits and visas according to Order N 274 Foreign citizens from visa and non-visa countries; According to subsec. “а” sec. 2 of the Order N 274 Employers in the period from March 15 till June 15, 2020, can employ visa and non-visa foreign citizens without work permits and work visas, provided they make sure that all safety measures are observed.

Important: In order to employ a visa foreign citizen employer has to have a corporate work permit. Notifications regarding signing\termination of labour agreements have to be submitted.

 After June 15th engagement of foreign labour force should be done according to the migration legislation;
7. Address registration Inviting party; Foreign citizen; Stateless person;
  1. Address Registration which expired in the period from March 15 till June 15 is deemed to be valid for 93 days from the date of its expiration
  2. Foreign citizens, who arrived in the period from March 15 till June 15 have to file for address registration as usual (as determined by the legislation);
  3. Permanent address registration which expires in the period from March 15 till June 15 is deemed to be valid for 93 days after the date of its expiration, provided that foreign citizen has the right to use such accommodation.
 Address Registration procedures are done as usual;
8. Issuance of TRP – Temporary Residence Permits Foreign citizen
  1. Validity period of TRP is “freezed” for the period between March 15 and June 15, 2020;
  2. TRP which expires in the period between March 15 and June 15 is deemed to be valid within 93 business days from the date of its expiration;
  3. 6 months period which foreign citizen with TRP can reside outside of Russian Federation is also freezed.
  4. TRPs are not annulled.
  5. Annulled TRPs are still valid till 15 June 2020;
 TRP which expires in the period between March 15 and June 15 is deemed to be valid within 93 business days from the date of its expiration. After expiration of 93 days, TRP has to be extended.
9. Issuance of PRP – Permanent Residence Permits Foreign citizen The same as in 4. In case expiration of the PRP falls in the period between March 15 and June 15, PRP is deemed to be valid for 93 days from the date of its expiration; After 93 days are over PRP has to be extended.
10. Invitation letters Foreign citizen According to Government Order from 16.03.2020, N 635-р, invitation letters application review has been temporarily suspended (with exceptions). After annulment of the mentioned Government Order application review will be resumed;
11. Visas Foreign citizen Visas which expire in the period between March 15 and June 15, 2020 are deemed to be valid for 93 days from the date of their expiration. Foreign citizen can exit Russian Federation during this 93 days validity period without having to apply for the transit visa.

In case, foreign citizen has entered Russia without a visa on the basis of the international agreement on visa-free travel and the allowed period of stay has expired in the period between March 15 and June 15, the allowed period of stay is extended for 93 days starting the date of the expiration of the allowed stay (set in the international agreement) and such foreign citizen does not require an exit visa to exit Russia within the validity of 93 grace validity period.

 After June 15, 2020 such visa can be extended according to usual immigration norms;
12. Notification confirming stay in Russian Federation (for TRP and PRP holders) Foreign citizen Notification can be filed after the end of the quarantine and after the deadline for filing. Foreign citizen will not have to provide confirmation documents explaining the reason for delay. The term for filing of medical documentation for TRP and PRP holders can be extended on the basis of the resolution of the head of the local Internal Affairs Ministry immigration office.

In case such decision is made, the term set for the review of the application is also extended.

 Notifications are submitted according to regular rules as before;
13. Citizenship issue
  • Applications for Russian citizenship;
  • Applications for termination of Russian Citizenship;
  • Notifications from Russian citizens re citizenship of foreign country\right for permanent residence in a foreign country;
 Citizenship applicants All applications are processed as usual; Applications will be accepted from foreign citizens with expired immigration documents, but within (93 days grace period after expiration of such documents);
14. N\A The term for the voluntary exit from Russia will be freezed. Foreign citizens, who were deported from Russia during this period and had to leave the country themselves, will not be forced to exit; All norms will be applied as usual;
15. N\A In the period from March 15 till June 15 decisions on deportation as well as decisions on readmissions according to Russia international agreements should not be made. Decisions regarding deportation, readmission cannot be issued. (Except for the foreigners, who are being let from prisons); All norms will be applied as usual;