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GUIDELINES ON HOW TO APPLY THE PRESIDENT’S DECREE SUSPENDING THE DURATION OF FOREIGN CITIZENS’ DOCUMENTS

On April 18, 2020, the President of the Russian Federation issued Decree No.247 suspending the duration of certain documents held by foreign citizens for the period from March 15 through June 15. The Decree applies to foreign citizens who have arrived in the Russian Federation both on a visa and visa-free basis. The Ministry of Internal Affairs responded promptly and issued guidelines on how to apply the provisions of the Decree.

 

Abstracts from the guidelines are stated below. TIM Services’ comments are colored. Legal concepts are simplified. Appropriate regulations are referenced in foot notes.

PERIOD OF STAY OR RESIDENCE 

  • If a foreign citizen’s registered period of temporary stay, temporary or permanent residence would otherwise expire from March 15, 2020 through June 15, 2020, than such period shall be suspended until the end of the said 90-day period. No method for calculating the period of stay/residence after June 15, 2020 is specified.
  • During the said period, the host party may elect not to apply for extending the period of temporary stay (including visa extensions). The following two concepts are enshrined in the law. Inviting party[3] is a legal entity or an individual applying for a visa invitation. Host party[4] is a legal entity or an individual which/who has made residential premises available for actual residence. The guidelines do not contain information on how scenarios – when the inviting party fails[5] to take measures to ensure timely departure from the Russian Federation after a certain period of stay – will be treated.

PATENTS, WORK PERMITS

  • During this period, applying for an extension of work permits or patents is NOT required. The Migration Unit of the Moscow Main Department of the Russian Ministry of Internal Affairs located on the site of the Sakharovo Multipurpose Migration Center continues to provide state services and issue work patents to foreign citizens.
  •  Patent holders are NOT required to make an advance tax payment.

EMPLOYMENTS 

  • Foreign citizens staying in the Russian Federation who do not have a work permit or patent may be employed WITHOUT obtaining a work permit or patent. REGARDLESS OF THE PURPOSE OF ENTRY during the period from March 15 through June 15, 2020.
  • If an Employer has previously managed to obtain permission authorizing it to employ and use the services of foreign citizens, then it may employ a foreigner who has entered the Russian Federation on a visa basis and does not have a work permit. A prerequisite for any use of foreign labor is the employer’s compliance with the statutory requirements of the Russian Federation, including established restrictions and other measures aimed at ensuring the sanitary and epidemiological welfare of the population. It can be assumed that an Employer or customer of services may enter into a contract with a foreigner, regardless of the purpose of such person’s entry subject to the availability of Foreign Labor Employment Permission.

TRPs and PRPs

  • Foreign citizens who hold a permanent residence permit expiring during the specified period may elect not to apply to a territorial migration unit of the Main Directorate of the Russian Ministry of Internal Affairs for extending their permanent residence permits. The Migration Unit of the Moscow Main Department of the Russian Ministry of Internal Affairs located on the site of the Sakharovo Multipurpose Migration Center continues to provide state services and issue temporary residence permits, permanent resident permits and permanent resident permits to stateless persons and admit to Russian citizenship. That is, it is possible to apply for an extension of a permanent residence permit but a foreign citizen has the right not to take it.
  •  If a foreigner has a TRP or PRP and such person is outside the Russian Federation, then the period from March 15, 2020 through June 15, 2020 shall not reduce the duration of such documents. Furthermore, such period must not be counted in calculating the time spent outside the Russian Federation.

TEMPORARY ASYLUM, REFUGEES, RELOCATION PROGRAM 

  • Foreign citizens who stay in the territory of the Russian Federation and have the refugee or temporary asylum status may elect not to apply during the said period for extending the duration of the relevant documents.
  •  For members of the Government Program aimed to facilitate the voluntary resettlement to the Russian Federation of compatriots living abroad, the said period will likewise not reduce the duration of their status.

ADMINISTRATIVE LIABILITY

  •  No decisions canceling such documents (statuses) in respect of persons who are unable to enter the Russian Federation and will stay abroad for more than 6 months will be made.
  • In the event that the duration of any of the following documents expires from March 15, 2020 through June 15, 2020:
    • permits to employ and use the services of foreign workers,
    • work permits; or
    • patents

then they will be suspended until the end of the said period.

No method for calculating validity terms after June 15, 2020 is specified.

  • If an administrative expulsion decision is made against a foreign citizen, then no administrative measures will be applied to such foreign citizen during the period from March 15, 2020 through June 15, 2020.
  • During this period, no decision will be made in respect of foreign citizens:
    • stating that it is undesirable for them to stay (reside) in the Russian Federation;
    • banning them from entering the Russian Federation;
    • ordering their deportation or readmission;
    • canceling visas, temporary residence permits, permanent residence permits, work permits, patents and certificates of a member of in the Government Program aimed to facilitate the voluntary resettlement of compatriots living abroad to the Russian Federation;
    • reducing the duration of temporary stay;
    • canceling their refugee or temporary asylum status.

IMPORTANT!!! In the event that an employer or a foreign citizen applies for public services to a migration unit, the consideration of such application within the time limits and in the manner required by the administrative regulations of the Russian Ministry of Internal Affairs must be ensured.

For additional information, please do not hesitate to contact managers of TIM Services or email your queries tomigration@timservices.ru