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Legal Alert (Russia) – Additional Responsibility for Inviting Foreign Nationals to the Russian Federation

Starting January 16, 2019, amendments to the federal migration law came into force[1]. Companies, which act as the “Inviting Party” for a foreign national, have a new obligation, namely, to take measures to ensure compliance by an invited foreign citizen with regard to:

  • Purpose of entry into the Russian Federation;
  • Timely departure from the Russian Federation.

For non-compliance, companies face liability in the form of a fine of from 400,000 to 500,000 rubles, including 45,000 to 50,000 rubles – for the company’s CEO[2].

Per information from the Public Discussion portal, the government, through the development of a special Regulation (which is still under discussion) will establish measures the “Inviting Party” shall undertake to carry out the new requirements of the immigration legislation[3]. From the preliminary version of the Resolution, the “Inviting Party” should ensure compliance with the purpose of entry into the Russian Federation. For example, handing over a notification to a foreign citizen after their arrival in the Russian Federation informing them of the obligation to observe the stated purpose of entry into the Russian Federation. The foreign citizen should sign this notification. The Ministry of Internal Affairs of the Russian Federation must establish this notification, as well as a warning of liability for non-compliance.

The draft Resolution received a predominantly negative assessment. This means that the Resolution could still be declined at the stage of public discussions, or the Government will delay the preparation of the final version for approval. Considering this, there is a risk that the rules for applying the new federal migration legislation for the “Inviting Party” will not be approved soon, while new migration changes and responsibilities are already in effect from January 16, 2019.

How we can help:

  • Audit and (or) development of internal regulations, policies, strategies and other local acts related to procedures for entry and (or) departure of foreign citizens, compliance with requirements of migration legislation
  • Development of an information brochure for foreign workers regarding the rules and requirements of migration legislation in Russia
  • Advising on application of the new requirements of migration legislation and responsibilities for the ‘Inviting party’

[1]Federal law No. 216-FZ “on Amendments to article 16 of the Federal of the law “On the Legal Status of Foreign Citizens in the Russian Federation” of 19.07.2018

[2] Federal Law No. 215-FZ “On Amendments to Article 18.9 of the Code of Administrative Offenses” of 19.07.2018

[3] https://regulation.gov.ru/projects#npa= 83687