On July 29, 2018, the President of Russia signed Law No. 257 "On Amendments to Articles 8 and 23 of Federal Law No. 109 "On migration registration of foreign citizens in Russia" regarding the removal of a foreign citizen from the place of stay in Russia".
These amendments do not imply a return to the old system of removal from migration registration of foreign citizens, but allow to protect the receiving side from undesirable responsibility in case of violations by a foreign citizen of the rules of staying on the territory of the Russian Federation after the severance of relations.
The following changes were made to the federal law "On migration registration of foreign citizens in Russia":
- paragraph 5 is added to part 3 of Article 8, which provides grounds for removal of a foreign citizen from migration registration on the basis of the fact of departure from the place of stay;
- paragraph 5 is added to part 1 of Article 23, which provides the procedure for removal of a foreign citizen from migration registration at the place of stay in case of the departure of a foreign citizen from the place of stay;
- paragraph 5 is added to part 2 of Article 23, which provides that the removal of a foreign citizen from migration registration at the place of stay is carried out by the migration registration authority on the grounds provided by paragraph 5 of part 1 of this article - after receiving a notification of the foreign citizen’s departure from the place of stay;
- article 23 is supplemented with the paragraph 2.2, which states the following: notification of a foreign citizen’s departure from the place of stay is submitted by the receiving party to the relevant migration registration authority directly or through a multifunctional center or it is sent in the prescribed manner by postal mail and the paragraph 2.3 which establishes: A notification form of foreign citizen’s departure from the place of stay, the list of information contained in it, the requirements for its registration, the procedure for sending it to the migration registration authority. It can be also made in the form of an electronic document, the period for keeping a copy of this notification in a multifunctional center or an organization of the federal postal service is established by the federal executive authority in the field of migration.
Thus, the amendments to Federal Law No. 109 "On Migration Registration" specify the list of grounds for removal from migration registration. After the amendments come into force, the receiving party has the right to send a notification to the migration registration authority directly or through the MFC, as well as by post, about the removal of a foreign citizen from migration registration at the place of his/her stay in case of loss of contact with a foreign citizen, termination of employment relations etc. thereby protecting themselves from undesirable responsibility to the migration services in case of violations by a foreign citizen of the rules of his/her stay on the territory of the Russian Federation after the end of relations.
These amendments allow the receiving party to make decisions on the basis of the objective information about the foreign citizen’s place of stay and allow the authorized body to take measures to establish the foreign citizen’s place of residence. As a result, the reliability of migration registration will increase.
- the fact of the departure of a foreign citizen from Russia;
- the fact of the death of a foreign citizen in Russia;
- entry into legal force of a court decision on recognition of a foreign citizen who was in Russia, missing or declaring him deceased;
- the fact of acquiring the citizenship of the Russian Federation by a foreign citizen who is in Russia.
The new legislation will come into force on August 10, 2018.
For more information, please contact the consultants of Confidence Group.
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