In continuation of the news published on our website on 07.08.2018 about the new order of foreign citizens’ removal from the migration registration, let us inform you that in some territorial departments of labor migration and multifunctional centers of Moscow the notification form of departure of a foreign citizen or stateless person from the place of stay is now available.
The form was introduced within the new regulation of the removal prom registration procedure adopted in in the Federal Law No. 257-FZ "On Amendments to Articles 8 and 23 of Federal Law No. 109-FZ "On the Migration Registration of Foreign Citizens in the Russian Federation", signed by the President of the Russian Federation on July 29, 2018 after adoption of draft Order of MIA.
However this form has not been approved by any legislative act of the Russian Federation or by any regulations. Apparently this is a decree of the leadership of the Department on migration issues of Russian Interior Ministry or the leadership of territorial bodies. In addition, employees of labor migration departments and specialists of multifunctional centers provide information about mandatory notification of these organizations about the departure of a foreign citizen or stateless person from the place of stay. This contradicts the provisions of Federal Law No. 109-FZ "On Migration Registration of Foreign Citizens in the Russian Federation" which give the right to the receiving party to send directly to the migration authority, or through the multifunctional centers (including the postal direction), a notice concerning the foreign citizen’s removal from migration registration at the place of his stay in case of loss of contact with a foreign citizen, the dissolution of labor relations, etc.
The receiving party makes its decision on the basis of objective information about the location of a foreign citizen, and the authorized body takes measures to determine the foreign citizen’s actual location.
In view of the above, it is possible to say that the sending of a notice about the departure of a foreign citizen or stateless person from the place of stay to the migration registration authority is the right of the receiving party, but not the obligation.
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