On December 5, 2018, Sofia Batura, representative of Confidence Group, took part in the annual conference on practice of applying changes in migration legislation organized by the AEB Migration Committee. The conference was held at the Hyatt Regency Moscow Hotel. The event was attended by representatives of the Ministry of Internal Affairs (MIA), who explained a number of migration law enforcement issues, including: Pavel Dutov, deputy head of the external labor department on migration issues; Igor Dudnik, deputy head of the office for migration; Nadezhda Voronina, head of the office for control and supervision; Alexander Aksenov, deputy head of the Main Department for migration issues of the Ministry of Internal Affairs of Russia; Kirill Adzinov, head of the branch for organization of permitting and visa work; Yuri Konobeevsky, head of the branch of work on implementation of migration accounting of the office for the organization of permits and visa work; Grigory Mironov, head of visa and migration registration branch; Konstantin Pavlov, head of the branch for organizing control over the stay of foreign citizens.
According to results of survey of AEB member companies, the most topical issue is the issue of applying new rules for migration registration of foreign citizens in practice, which were approved by Federal Law 163 – FZ as of 06.26.2018 and entered into force on July 8, 2018. According to the new provisions Companies are actually deprived of possibility of registering European employees at their place of work (registration at the organization’s address is possible only in very limited cases), which put both employers and employees themselves at very high risk a situation where registration is responsibility of a third party (natural person – lessor) whose control over actions cannot be fully implemented.
Regarding the new responsibilities of the inviting party, which the Confidence Group company has prepared a review on the site, it was reported that the Government of Russia will develop a list of the measures of the inviting party for the foreigner to comply with the stay (residence) regime in Russia, but responsibility will be provided only for those who abuse their rights of the inviting party and only when violations of a foreign citizen are revealed.
It was also noted that if in practice the company notifies the Ministry of Internal Affairs about the loss of communication with the invited foreign citizen, a decision will be made to shorten the period of stay of this foreign citizen, and if it is found by the Ministry of Internal Affairs, the visa will be redeemed and the foreign citizen will be offered immediately leave Russia.
During the discussion, other issues were also considered - in particular, problems of interaction between employers and territorial bodies of the Ministry of Internal Affairs of Russia in framework of migration procedures.
It was also reported that in Russia it is planned to change the migration legislation in accordance with the new migration policy, which is aimed primarily at assimilating those foreign citizens who have chosen Russia as their place of permanent residence. The biggest changes are assumed in regulations on temporary residence permits and permanent residence permits. A nuance was noted: a foreign citizen is subject to migration registration at the company’s address if he lives at the organization’s address or in the premises provided by it, is in some way connected with the organization and conducts any activity not prohibited by law.
Russia is also planning to simplify procedures for filing foreign citizens with migration records. In particular, it is planned to abolish some difficult requirements, including in matter of filing documents for registration of a foreign citizen. It was stressed that only the receiving party is responsible for migration registration.
At the conference, it was reported that the Migration Department of Migration in Moscow, located at ul. Pokrovka, d. 42, when extending visas for teachers, MIA officials began to require a stamp on a copy of the employment contract in the territorial body of the MIA(while the territorial body of the Ministry of Internal Affairs is asked to give notice of the employment contract, which is impossible if the employment contract was concluded when There were no obligatory notifications. In connection with the discovery of a substantial abuse of the procedure for obtaining long-term visas by persons falsely posing as teachers, this is not a requirement of the Ministry of Internal Affairs, and the recommendation is M D will be a differentiated approach to the subject.
Recommendations were also made on the course of action in the event of an unlawful refusal of an employee of the Ministry of Internal Affairs to provide public services. It is recommended to record video or audio recording at the time of unlawful refusal, and then contact the MIA helpline, or the district prosecutor's office at the place of the offense, or the operational-search part of the MIA’s own security department.
For additional information, please contact consultants of Confidence Group.
The texts of the newsletters are intellectual property of Confidence Group, protected by the copyright laws of Russia. The information may not be reproduced in any form whatsoever without linking to this web site or to pages of this website.
