About new migration registration rules and etc.

The new Federal Law № 42 from 20th of March enters into force. It will appreciably simplifies the residence of foreign nationals in Russia. The official release of the document is scheduled for March 25, 2011.

Previously we thought the bill changes would include Articles 2 and 20 of the Federal Law № 109 dated July 18, 2006 № 109-FZ "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation." The approved version of a new regulation is broader and affects the laws on the exit and entry procedures to the Russian Federation, as well as the status of foreign citizens in the Russian Federation (№ 114-FZ and 115-FZ accordingly).

Below are the most important changes introduced:

1. The definition of "residence" has been restored to the pre 385-FZ definition. Quote: 4) place of residence of foreign citizens or stateless persons in the Russian Federation (hereinafter - the place of stay) - a dwelling that is not a place of residence, as well as other premises, institution or organization in which a foreign citizen or stateless person is located and ( or) at which a foreign citizen or stateless person shall be subject to registration at the place of residence in the manner prescribed by this Federal law; "

This means that it will once again be possible to register foreign nationals at the company address.

2. The time period in which a foreign citizen must be registered with the Migration Services has been extended from three to seven days.

3. Foreign skilled professionals who own residential property in Russia can now act as "hosts", but only with members of their families.

4. It has been clarified that foreign nationals cannot be held responsible for breaking the rules of migration registration if they do not act as "hosts" in accordance with paragraph 7 of Article 2 of Federal Law № 109-FZ "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation."

Also the new legislative act clarified the procedure for employment of highly qualified foreign professionals' family members. Earlier, the Federal law № 385-FZ of 23.12.2010 established that the accompanying persons "can obtain working visas with the rights to work or study in accordance to this federal law, for the duration of visas issued for their sponsors". The new regulation specifies that family members of HQP, "are entitled to work in the Russian Federation if they have a work permit obtained by them in accordance with this federal law."

Note that usually the territorial authorities of the Federal Migration Service start the implementation of innovations only after special internal instructions that are issued after the law. However, as we were assured in the FMS Moscow office, it will be possible to apply for migration registration in accordance with the new rules starting from tomorrow.