The most important changes:
Regarding the procedure for issuing a temporary residence permit, permanent residence permit and citizenship:
1) For citizens of the DPR, LPR, Ukraine:
- citizens of the DPR, LPR, Kazakhstan, Moldova or Ukraine can now apply for a residence permit bypassing the temporary residence permit stage (although citizens of the DPR, LPR and Ukraine were granted this right by Decree of the President of Russia No. 440 dated July11, 2022, which we wrote about earlier);
- citizens of the DPR, LPR and Ukraine are exempted from the obligation to confirm their knowledge of the Russian language, knowledge of the history and fundamentals of the legislation of Russia
These amendments came into force on the date of the official publication of Law No. 357-FZ, i.e. on July 14, 2022.
2) For foreign citizens staying in Russia for the purpose of education:
- the law introduces the concept and, accordingly, the opportunity to issue a temporary residence permit for the purpose of education. Such a TRP is issued to a foreign citizen who arrived in Russia for the purpose of studying in a state educational or state scientific organization on a full-time basis;
- TRP for the purpose of education is issued for the period of study + 180 days after graduation;
- 115 FZ introduced a new article 7.1, which establishes the grounds for refusing to issue or cancel a TRP for the purpose of education;
- if the owner of the TRP for the purpose of obtaining education has a valid labor or civil law contract, then upon expiration of the TRP, these contracts should be terminated;
- foreign citizens studying in scientific organizations will also be able to work in Russia without a work permit and a patent (previously, only educational organizations were specified in the law);
- persons who have a temporary residence permit for the purpose of education are exempted from submitting an annual notification of residence in the territory of Russia.
Clauses related to TRP for the purpose of education will come into force on January 1, 2023.
3) For foreign citizens - investors:
- investors now can obtain a residence permit without obtaining a TRP (not only investors themselves, but also members of their family have received this right now).
Clauses related to obtaining a residence permit based on investment come into force on January 11, 2023
4) For all categories of foreign citizens:
- from 115 Federal Laws, the condition was removed that the basis for extending the period of stay in Russia is the submission for a temporary residence permit only by "visa-free" foreigners - now, on this basis, the period of stay can also be extended for foreign citizens who arrived in Russia on the basis of a visa;
- now TRP can also be issued in the form of an electronic document;
5) Regarding the procedure for processing documents for foreign citizens arriving in Russia for the purpose of carrying out labor activities on the basis of a patent and on other grounds:
- legislated the possibility of extending the period of stay for minor children, including those adopted or under guardianship of foreigners working on the basis of a patent or studying in Russia, if these children are dependent on this foreign citizen - the period of stay of children is extended for the period of validity issued (extended, re-issued) patent to this foreign citizen;
- if the Ministry of Internal Affairs has information about the registration of a foreign citizen with a tax authority, then the period for issuing a patent is reduced from 10 to 5 days;
- in the event of the introduction of temporary restrictions on transport communication, the requirement for the term of applying for a patent is not presented;
- the right of a foreign citizen to change the purpose of entry without leaving Russia is legally fixed - changing the purpose of the visit to "work" can be done together with the submission of documents for the issuance of a patent (we wrote about the introduction of this amendment for consideration and the opinion of migrants about it earlier). In this case, it is necessary to pass fingerprinting, photography and medical check-up.
These changes came into force on the date of the official publication of Law No. 357-FZ, i.e. on July 14, 2022.
However, we draw your attention to the fact that there is no practice of changing the purpose of the visit yet, and there are also no by-laws on the procedure for applying these norms.
6) Regarding the procedure for passing a medical check-up and fingerprinting:
6.1. For foreign citizens arriving in Russia for the purpose of carrying out labor activities on any grounds, including highly qualified specialists (HQS):
- the procedure and terms for the passage of the next medical check-up by foreign citizens who arrived for work are specified - it must be passed within 30 calendar days after 1 year from the date of the previous medical check-up. Documents confirming the passing of the check-up can also be submitted to the Ministry of Internal Affairs in electronic form;
- the procedure of fingerprinting and photography and medical check-up are not required (in addition to the exceptions specified in the law earlier) also to stateless persons who have a temporary identity card of a stateless person, as well as persons recognized as refugees or having temporary asylum in Russia;
- finally, an exception was introduced for passing a second medical examination for HQS - they must pass it within 30 calendar days from the date of the decision to extend the work permit (that is, if the work permit was issued for a maximum period of 3 years, then the medical examination should be held every 3 years instead of once a year), if they have not traveled outside of Russia during this time.
This change came into force on the date of the official publication of Law No. 357-FZ, i.e. on July 14, 2022.
6.2. For all categories of foreign citizens:
- the terms for passing fingerprinting, photographing and medical check-up by foreigners who arrived in Russia before December 29, 2021, both without a purpose and for the purpose of carrying out labor activities for a period of more than 90 calendar days, have been clarified - such persons must complete the above within 180 calendar days from the date of entry law in force, that is, until January 11, 2023.
These changes came into force on the date of the official publication of Law No. 357-FZ, i.e. on July 14, 2022.
For more information, please contact the consultants of the Confidence Group company.
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