The most important changes in the migration legislation of the Russian Federation for 2021

Basic laws regulating the life and work of foreign citizens in Russia

• Federal Law 109 “On migration registration of foreign citizens and stateless persons in the Russian Federation” (as amended on November 28, 2015, as amended on July 19, 2017)
• Federal Law 114 “On the procedure for leaving the Russian Federation and entering the Russian Federation” (as amended on July 29, 2017)
• Federal Law 115 “On the legal status of foreign citizens in the Russian Federation” (as amended on July 29, 2017)
• Labor Code of the Russian Federation.
• Labor Code of the Russian Federation Chapter 50.1: Peculiarities of labor regulation for workers who are foreign citizens or stateless persons (as amended on July 29, 2017) (as amended and supplemented, entered into force on October 1, 2017)
• Treaty on the Eurasian Economic Union (Signed in Astana on May 29, 2014) (as amended and supplemented, entered into force on August 12, 2017)
• Labor migration section XXVI of the Treaty on the Eurasian Economic Union (as amended and supplemented, entered into force on August 12, 2017)

Articles of the Code of the Russian Federation on administrative offenses concerning foreign citizens

• The entire Code of Administrative Offenses of the Russian Federation (CAO RF) -
• Chapter 18 of the Code of Administrative Offenses of the Russian Federation Administrative offenses in the field of protecting the state border of the Russian Federation and ensuring the regime of stay of foreign citizens or stateless persons on the territory of the Russian Federation -
• Article 12.32.1 of the Code of Administrative Offenses of the Russian Federation
• Article 18.8 of the Code of Administrative Offenses of the Russian Federation
• Article 18.9 of the Code of Administrative Offenses of the Russian Federation
• Article 18.10 of the Code of Administrative Offenses of the Russian Federation
• Article 18.15 of the Code of Administrative Offenses of the Russian Federation
• Article 18.16 of the Code of Administrative Offenses of the Russian Federation
• Article 18.17 of the Code of Administrative Offenses of the Russian Federation
• Article 18.18 of the Code of Administrative Offenses of the Russian Federation
• Article 18.20 of the Code of Administrative Offenses of the Russian Federation
• Article 19.27 of the Code of Administrative Offenses of the Russian Federation

Laws and regulations that amend the main legislative acts regulating the stay of foreign citizens in Russia

Temporary measures in the field of migration

In connection with the closure of borders and quarantine measures within the country on the basis of Decree of the President of the Russian Federation No. 274 of April 18, 2020 “On temporary measures to regulate the legal status of foreign citizens and stateless persons in the Russian Federation in connection with the threat of further spread of the new coronavirus infection (COVID19 )" The Ministry of Internal Affairs has taken measures to regulate the legal status of foreigners staying in Russia.

The article will be periodically updated as additional clarifications are received from the Ministry of Internal Affairs and new temporary measures are adopted or previously taken are canceled.

• Updated 05/25/2020: Additional clarifications from the Ministry of Internal Affairs of Russia dated 05/22/2020 (Ministry of Internal Affairs website)
• Updated 06/05/2020: Additional clarifications of the Ministry of Internal Affairs of Russia in the format of questions and answers (Ministry of Internal Affairs website) Answers to frequently asked questions on various situations in the migration sphere regarding the interpretation and implementation of Presidential Decree No. 274 of 04/18/2020.
• Updated 06/16/2020: 1. On June 16, Presidential Decree No. 392 dated 06/15/2020 comes into force. The text of the decree was published on the legal information portal. The temporary measures from Decree No. 274 have been partially extended until September 15. The requirements for obtaining some documents have been changed. 2. Additional clarifications of the Ministry of Internal Affairs of Russia dated June 15, 2020 (website of the Ministry of Internal Affairs)
• Updated 06/26/2020: A new order has been adopted. HQS is allowed a single entry, as well as issuing invitations and work permits while outside the Russian Federation (subject to certain conditions being met).
• Updated 09/03/2020: Answers to frequently asked questions have been published on the Ministry of Internal Affairs website.
• Updated 09/23/2020: A new Presidential Decree has been published.
• Updated 12/15/2020: A new Presidential Decree was adopted.
• Updated 12/17/2020: New clarifications from the Ministry of Internal Affairs.
• Update 05/20/2021 New Government Order. Entry has been allowed, and the issuance of documents has been resumed for many categories of citizens. We analyze changes and update materials on our website. .

Crossing the Russian border

Entry into the territory of the Russian Federation for most foreign citizens (with the exception of a limited list of categories) is prohibited for an indefinite period (Order of the Government of the Russian Federation). Citizens for whom an exception has been made are also experiencing significant difficulties due to the cancellation of most transport links between countries. Update from 06/09/2020: The Russian Government is gradually easing restrictions on entry and exit from the country

Update as of June 26, 2020: Highly qualified foreign specialists (HQS) are allowed a single entry into Russia on the basis of a list that must be sent to the FSB and the Ministry of Internal Affairs of Russia by the federal executive authorities responsible for the employer or customer of the services of a foreign specialist. A prerequisite is to indicate the date of arrival and the checkpoint through which the HQS employee plans to enter the country. In addition to a passport and visa (if a visa is required for entry), a foreign specialist must have a valid employment contract or contract for the performance of work or provision of services. 08/26/2020 Procedure for obtaining the entry of HQS during the period of restrictions related to COVID-19

Update as of July 27, 2020: A decree has been adopted, according to which restrictions on entry through air checkpoints have been lifted, as well as on the issuance of visas for citizens of Great Britain, Tanzania, Turkey and Switzerland, as well as citizens of other countries with the right of permanent residence in the specified four countries and those entering the territory of the Russian Federation from them.

Entry is allowed through land and air checkpoints from Abkhazia (08/01/2020) and South Ossetia (09/12/2020).

09/02/2020 Entry from Egypt, the Maldives and the UAE is allowed. 09.20.2020 The ban on entry of citizens of Belarus, Kazakhstan, Kyrgyzstan and Korea has been lifted.

09/23/2020: From September 16, 2021, foreign citizens are allowed to leave the Russian Federation to their states of nationality (without transit through the territories of other foreign states) using documents that prove their identity and are recognized in the Russian Federation in this capacity, if the deadlines These documents expired after March 14, 2021. This means that if the passport (other identification document) of a foreign citizen expired after March 14, 2021 and this citizen did not re-issue it (do not make a new one) in the Russian Federation, then he urgently needs to travel outside the territory of the Russian Federation or apply for a new passport through the Consulate.

Extension of validity of documents - foreign citizens in the Russian Federation

Whom does it concern?

Foreign citizens who are already in the Russian Federation and cannot leave the country due to border closures.

For what documents?

Migration cards, Visas, temporary residence permits, residence permits and other documents/circumstances that expire between March 15 and June 15 September December June 2021, with the exception of work permits, patents and permits to attract foreign workers (06.16.2020, 09.23. 2020, 12/15/2020).

Update from 06/16/2020: For foreign citizens and stateless persons whose RPR, RNP and patents expire after 06/15/2020, the terms of these documents will not be extended, and these documents will need to be processed (renewed) through the migration authorities in the usual manner, but without taking into account certain requirements:

1. Citizens who arrived on a visa-free basis apply for (extend) a patent without taking into account the requirements for the established deadline for submitting documents for its registration, the stated purpose of entry and exit from the Russian Federation;
2. For workers who arrived on a visa basis, employers who have permission to attract foreign labor issue (extend) work permits without taking into account the requirements for the stated purpose of entry for any period until September 15, December, June 2021 inclusive (09/23/2020, 12/15/2020 ).

Thus, for work permits, patents, and permits to attract foreign labor expiring after June 15, 2020, the validity periods are not extended and must be reissued/extended. Employers have no right to hire such workers without the specified documents from June 16. For the remaining documents and circumstances listed earlier in Decree No. 274, the deadlines are extended until September 15, December June 2021 (09/23/2020, 12/15/2020).

Update from 09/03/2020: According to new clarifications of the Ministry of Internal Affairs, in the event of expiration, the following are automatically considered extended by 185 days: the period of temporary stay, the visa period, the period of registration at the place of stay and residence, the period of temporary residence permit. There is no need to contact the Ministry of Internal Affairs to renew these documents. After 185 days from the date of expiration of the temporary residence permit, it will be possible to apply for a residence permit.

Update from 12/15/2020: If regular transport links with the country of a foreign citizen were resumed on December 15, 2021 (excluding export flights), then the validity of the documents is extended not until June 15, 2021, but by 90 days - until March 15, 2021. If, between December 15, 2020 and June 15, 2021, regular transport links with the country of a foreign citizen are resumed, then the automatic renewal of documents will work for 90 days from the date of renewal. This rule does not apply to participants in state programs. Current list of countries with which transport links have been resumed with dates of resumption. All foreign citizens who entered in a manner that does not require a visa have the right to submit an application for obtaining, extending or re-registering a patent without taking into account the requirements for the deadline for submitting documents, the stated purpose of entry and for leaving the Russian Federation.

How to renew?

If the validity period of the specified documents expired between March 15 and June 15, 2021, it was automatically extended free of charge for 93 days from the expiration date . Territorial authorities continue to work as usual and are open to receive documents and provide consultations (subject to compliance with quarantine measures and restrictions imposed in your region).

Update from 06/16/2020: During the period from June 16 to September 15, December June 2021 (09/23/2020, 12/15/2020), the deadlines for the specified documents will also be automatically extended. (with the exception of documents listed in the new Decree No. 392, namely patents, work permits and permits to attract foreign workers). For foreign workers who arrived on a visa-free basis, the procedure for obtaining a patent has been simplified - now it will be issued without taking into account the requirements for the purpose of the visit, filing deadlines and departure from the Russian Federation. At the same time, from June 16, 2021, appropriate advance payments for personal income tax must be made for a patent.

• Update as of July 13, 2020: New forms of documents for temporary residence permits and temporary residence permits have been adopted
• Update from 01/12/2021: New document forms for foreign workers and HQS

On the cancellation of documents of foreigners who left the territory of the Russian Federation

According to the law, the validity of many documents (for example, temporary residence permit, residence permit, work permits, etc.) is canceled if a foreign citizen leaves the Russian Federation for a period of more than six months. Due to the global COVID-19 pandemic, this rule is suspended until June 15, September, December, June 2021 (06/16/2020, 09/23/2020, 12/15/2020) for work permits, temporary residence permits, residence permits and certificates of participants in state programs.

Deferred procedures Expulsion, deportation, readmission, deprivation of refugee status or temporary asylum, cancellation of documents (visas, temporary residence permit, residence permit, etc.) are not applied (or temporarily suspended), if such decisions are made before March 15, 2021.

Update from 09.23.2020:

From September 16, the deadlines for voluntary departure from the Russian Federation of foreign citizens and stateless persons in respect of whom a decision has been made on administrative expulsion from the Russian Federation in the form of a controlled independent departure from the Russian Federation, on non-permission to enter the Russian Federation or on the undesirability of stay (residence) in the Russian Federation, are suspended. (clause 1 c) of the Decree) This means that from September 16, by other means, with the exception of controlled independent departure from the Russian Federation, foreigners and stateless persons can be expelled from the territory of the Russian Federation, for example, by a court decision.

From September 16, in relation to foreign citizens and stateless persons (with the exception of foreign citizens and stateless persons released from places of imprisonment, or who have violated the legislation on the state border of the Russian Federation, or who pose a threat to the national security of the Russian Federation, including those advocating forcible changes to the fundamentals constitutional system of the Russian Federation, or assisting in the commission of terrorist (extremist) acts or committing them, as well as other actions supporting terrorist (extremist) activities) Update as of 12/15/2020: Among the special categories of citizens in respect of whom all relevant decisions can be applied ( expulsion, deportation, etc.) added citizens who “encroach on public order and public safety, including those participating in unauthorized meetings, meetings, demonstrations, marches and pickets.” We recommend that foreign citizens follow the news and, when planning their movements, avoid the venues of these events in order to avoid accidental recognition of their participants and the subsequent application of these sanctions. no decisions are made on administrative expulsion from the Russian Federation in the form of forced expulsion from the Russian Federation, on deportation or transfer to a foreign state in accordance with the international treaty of the Russian Federation on readmission, decisions on reducing the period of temporary stay in the Russian Federation, on deprivation of refugee status, temporary asylum, on the cancellation of previously issued visas, work permits, patents, temporary residence permits, residence permits, and certificates of a State program participant. (clause 2 b) of the Decree).

Thus, from September 16:

• Decisions may be made on the undesirability of stay (residence) and, by a court decision, such citizens may be expelled from the territory of the Russian Federation.
• Exceptions have been established for special categories of citizens for whom all relevant decisions can be made.

Employers – concessions when hiring foreigners

Employers and customers of works (services) (12/15/2020) have the right to attract foreign citizens without work permits and patents, but with permission to attract foreign workers from March 15 to June 15, 2021 inclusive. From June 16, 2020, employers must issue (renew) these documents in the usual manner if they expire after June 15, 2020. (12/15/2020) At the same time, the obligation to comply with restrictions and other measures aimed at the sanitary and epidemiological well-being of the population remains.

Update from 06/16/2020: Foreign workers who arrived in the Russian Federation on a visa will be issued (or extended) a work permit without taking into account the requirements for the stated purpose of the visit for a period until September 15, December 2021, June 2021 inclusive (09/23/2020, 12/15/2020) . At the same time, the employer is obliged to have permission to attract foreign workers and comply with all restrictions, as well as take the necessary measures for the safe resumption of work. More information about the requirements for organizing work can be found in our article on resuming work after the cancellation of the non-working days regime.

Tax residency

Updated 07/16/2020: At a meeting of the Government, amendments to the Tax Code of the Russian Federation were approved, according to which individuals in 2021 retain the right to remain tax residents of the Russian Federation, subject to actual stay in the territory of the Russian Federation from 90 to 182 calendar days inclusive from January 1 to January 31 December 2020. To obtain the status of a tax resident of the Russian Federation, you will need to submit an application to the territorial body of the Federal Tax Service at your place of permanent or temporary residence. We recommend writing a statement in the form: “I ask you to recognize me as a tax resident in 2021 in accordance with clause 2.2 of Article 207 of the Tax Code of the Russian Federation.” It is necessary to indicate your full name and tax identification number. We also recommend indicating the date of entry into the Russian Federation. We recommend that you attach to your application documents confirming your stay in the Russian Federation for more than 90 days in 2021 (for example, a copy of all pages of your passport with border service stamps). We recommend that you come to the Federal Tax Service with two copies of the application and ask to put an acceptance mark on the copy that the applicant will keep for himself. Thus, if the territorial body of the Federal Tax Service delays the decision, the applicant will have evidence that the application was actually submitted within the time period determined by the Tax Code of the Russian Federation. The application must be submitted before April 30, 2021 (clause 1 of Article 229 of the Tax Code of the Russian Federation).

What remained without changes or clarification?

• The clarification does not exclude the application of fines, including against employers.
• The Ministry of Internal Affairs does not establish any relaxations or postponements for sending notifications.
• There are no explanations on how to prepare documents whose validity period expires during the pandemic (from March 15, 2020 to September 15, 2020) for foreign citizens located outside the Russian Federation. Update as of June 26, 2020: In accordance with the new order, HQS, if certain conditions are met, can issue work permits and invitations to enter while outside the borders of the Russian Federation.