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Regarding the new procedure for registering foreign citizens for migration in the Russian Federation

09.04.2021

We remind you that the Federal Law, dated 08.06.2020 N 182-FZ " On amendments to the Federal Law "About Migration registration of Foreign Citizens and Stateless Persons in the Russian Federation" amended Article 23 of the Federal Law dated 18.07.2006 N 109-FZ "About migration registration of foreign citizens and stateless persons in the Russian Federation", according to which the removal of a foreign citizen from the register at the former place of stay is not carried out when he/she is registered at the new place of stay at the address of a hotel or other organization providing hotel services, sanatorium, a holiday home, a boarding house, a campsite, a tourist base, a children's health camp, except if the previous registration of this foreign citizen at the place of stay was carried out at the address of another organization from among those specified in this part.

Previously, when traveling on a business trip or for personal purposes to other cities of Russia and staying in a hotel, the hotel registration removed the foreign citizen from the register at his main place of stay, that is, when returning to his main place of stay, the foreign citizen had to re-register for migration at the regional department of the Ministry of Internal Affairs of Russia for migration. At the moment, this obligation has been abolished for cases when a foreign citizen was registered for migration in a hotel during a business trip/ personal trip to the Russian Federation. Upon returning from such a business trip / personal trip to Russia, you do not need to re-register for migration registration, a foreign citizen can continue to use his notification of arrival at the main place of stay in accordance with paragraph 1.1, Article 23, Federal Law 109.

We remind you that according to Federal Law No. 109-FZ dated 18.07.2006, Part 2 of Article 20, foreign citizens who have entered the territory of the Russian Federation are required to register for migration within 7 working days, for citizens of the Republic of Kazakhstan, Armenia and Kyrgyzstan, 30 calendar days are provided for registration for migration after entering the territory of the Russian Federation, for citizens of the Republic of Belarus - 90 calendar days. At the same time, after the departure of a foreign citizen outside the Russian Federation, the migration registration (notification of arrival) is canceled regardless of the validity period specified in the form. Also, when traveling on the territory of the Russian Federation, a foreign citizen must register for migration within 7 working days after arriving in another city, and after returning to the main place of his stay, if the foreigner did not stay in a hotel during the trip to the region of the Russian Federation, then it is necessary to re-register for migration within 7 working days at the main place of stay.

A highly qualified specialist who has a work permit valid for up to 3 years, and accompanying family members have the right to stay in the territory of the Russian Federation within 90 calendar days from the moment of entry/crossing the border (the date is indicated on the migration card), without issuing a notification of arrival. If a foreign citizen will stay on the territory of the Russian Federation for more than 90 calendar days, then after this period of time, the foreign citizen must register for migration (issue a notification of arrival) within 7 working days. Also, when traveling on the territory of the Russian Federation, a foreign citizen with the status of a HQS may not register for migration within 30 calendar days after arriving on a business trip to another city, furthermore, if the business trip lasts more than 30 calendar days, the foreign citizen must register for migration within 7 working days. At the same time, after returning to the main place of their stay, if a highly qualified specialist did not stay in a hotel during a trip to a region of the Russian Federation, they have the right not to issue a notification of arrival within 30 calendar days, after this period of time, a highly qualified specialist must register for migration within 7 working days at the main place of stay.

For violation of the rules of entry into the Russian Federation, as well as the regime of stay (residence) in the Russian Federation for foreign citizens, administrative responsibility is provided. According to the Administrative Code of the Russian Federation, a violation by a foreign citizen or a stateless person of the rules of entry into the Russian Federation or the regime of stay (residence) in the Russian Federation, expressed in violation of the established rules of entry into the Russian Federation, in non-compliance with the stated purpose of entry into the Russian Federation actually carried out, in violation of the rules of migration registration, movement or the procedure for choosing a place of stay or residence, entails the imposition of an administrative fine in the amount of 2,000 to 5,000 rubles with or without deportation from the Russian Federation.

Repeated administrative offense by a foreign citizen or a stateless person within one year entails the imposition of an administrative fine in the amount of 5,000 to 7,000 rubles with deportation from the Russian Federation.

In addition, according to paragraph 4 of Article 26 of the Federal Law dated 15.08.1996 N 114-FZ "On the procedure for entering and leaving the Russian Federation”, entry into the Russian Federation of a foreign citizen or a stateless person may not be allowed if a foreign citizen or a stateless person has repeatedly (two or more times) violated the rules and been brought to administrative responsibility in accordance with the legislation of the Russian Federation for committing an administrative offense on the territory of the Russian Federation.

Please note the control over the violation of the legislation in this area has been tightened recently.

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