Following our previous news regarding the Presidential Decree No. 1126 dated December 30, 2024, "On temporary measures to regulate the legal status of certain categories of foreign nationals and stateless persons in the Russian Federation in connection with the application of the deportation regime" (hereinafter referred to as the amnesty decree), Confidence Group would like to outline the procedure for foreign nationals and employers, as well as explain how this decree works in practice.
The Presidential Decree came into effect on January 1, 2025, but in practice, it has not been operational until recently due to the lack of information on the procedure among officials. According to information obtained during a meeting with representatives of the Main Directorate for Migration, the relevant instructions were provided to the territorial divisions of the MVD on January 28, 2025, but the acceptance of documents for regulating the status of foreign nationals began only recently.
We would like to draw your attention to the fact that the Multifunctional Migration Center (MMC) website has published a detailed action plan for regulating the legal status of foreign nationals, categorized by their status. We remind you that foreign nationals are required to legalize their status in the Russian Federation by April 30, 2025.
Confidence Group has analyzed the regularization schemes and, based on our extensive experience, identified the following issues depending on the status of the foreign national.
Issues faced by visa-free foreign nationals planning to obtain a work patent:
1. Payment of outstanding mandatory payments (taxes and fines). It is not entirely clear where a foreign national can check for fines, as this requires access to the Gosuslugi or Nalog.ru websites, which in turn require a Taxpayer Identification Number (INN). Typically, foreign nationals illegally residing in the Russian Federation do not have an INN, and obtaining one requires migration registration, which is impossible to obtain while staying in the country illegally, creating a vicious cycle. Alternatively, fines can be checked on the website of the Federal Bailiff Service. The issue of paying fines and debts must be resolved before applying to the MMC, as the foreign national must sign a declaration of no outstanding mandatory payments at the MMC.
2. Presence in the register of controlled persons. If a foreign national is already listed in this register due to illegal stay in the Russian Federation, their bank accounts are blocked. In this situation, it is unclear how the foreign national can pay fines and debts. If they have cash, they can pay through a bank operator or ask someone to pay the fine on their behalf, specifying the necessary details.
3. Obtaining a duplicate migration card and paying a fine for its absence. According to some sources, the fine is paid at the territorial division, while others indicate it is paid at the MMC.
4. Migration registration within 7 working days from the date of submitting documents for a work patent:
· One of the challenges for foreign nationals illegally residing in the Russian Federation is finding a host party willing to register them for migration. If the foreign national does not have a host party for migration registration, the legalization process is essentially pointless. Additionally, migration registration must be done in the region where the foreign national plans to work.
· Another challenge is that even with a host party, there is a risk of being unable to register due to the lack of available slots at the Multifunctional Center (MFC), where migration registration is primarily conducted. There is also a possibility of refusal to accept documents by MFC staff due to the lack of clarifications from the MVD or misunderstandings of the regularization process.
5. Cost of obtaining a work patent. In Moscow and the Moscow region, the fee for the services of the State Budgetary Institution "Migration Center" is 20,400 rubles (paid at the Migration Center when submitting documents), and an additional 8,900 rubles must be paid as personal income tax (NDFL) for the first month of the patent's validity when receiving the patent. This is a significant amount, especially considering the need to pay all fines.
6. Russian language proficiency. If a foreign national does not speak Russian and does not pass the exam on Russian language, history, and legislation when applying for a patent, there is no point in starting the legalization process, as the patent will not be issued without the certificate.
We would also like to note that there are two categories of foreign nationals: those who want to legalize their status and work, and those who want to legalize their status to avoid future entry bans but do not plan to work now. In the latter case, the scheme of obtaining a patent and leaving the Russian Federation will not work, as the patent will be canceled either for non-payment of NDFL or for the lack of information on a contract with an employer. Moreover, within one year after the patent is canceled, the foreign national cannot apply for a new one. This raises the question: can a foreign national pay all their fines and taxes, if any, and leave the Russian Federation at the first stage? Unfortunately, there is no answer to this question due to the lack of practice.
Issues faced by visa-holding foreign nationals planning to obtain a work permit:
1. Having an employer in the Russian Federation:
· To legalize their status, a foreign national must have an employer in the Russian Federation. However, given the limited time remaining until the end of the legalization period, finding an employer is extremely difficult. Moreover, the likelihood that the employer has a quota or a permit to attract foreign labor, which are initially issued for a specific position and country, is very low. If there is no quota or permit to attract foreign labor, considering the complexity of obtaining these documents, it is practically impossible to obtain a work permit and extend the visa within the Russian Federation due to the limited time frame for legalization.
· In our opinion, the fastest way to formalize such a foreign national is to hire them as a highly qualified specialist, which is more of an exception than a common practice.
2. Russian language proficiency. If a foreign national does not speak Russian and does not pass the exam on Russian language, history, and legislation, and does not provide a certificate within 30 calendar days from the date of receiving the work permit, there is no point in starting the legalization process.
3. Obtaining a multiple-entry work visa. As of February 27, 2025, neither the Moscow MVD Directorate nor the Moscow Region MVD Directorate has the technical capability to issue such visas. Initially, obtaining a visa consists of several stages: issuing an invitation, obtaining a single-entry visa valid for up to 3 months at a Russian consulate abroad, and then extending this visa within the Russian Federation. This is why the MVD Directorate cannot issue these visas immediately, i.e., for a year at once. The issuance of a multiple-entry work visa for highly qualified specialists (HQS) also initially takes place abroad based on an invitation.
4. Issues with migration registration, payment of fines, and presence in the register of controlled persons. These issues are similar to those faced by visa-free foreign nationals.
According to clarifications received from MVD officials, if a foreign national arriving in the Russian Federation under a visa regime does not plan to work and legalize their status, the amnesty decree does not apply to them. This raises the question of how to legalize the status of those who are in the Russian Federation with expired student, tourist, or private visas. Such foreign nationals must contact the territorial division of the MVD. According to the norms in effect until February 5, 2025, administrative expulsion of foreign nationals and stateless persons from the Russian Federation as an administrative penalty could only be imposed by a judge, and in case of an administrative offense upon entry into Russia, by border service officials. Now, administrative expulsion can also be imposed by MVD officials, including those in territorial divisions.
Issues faced by foreign nationals planning to obtain a Temporary Residence Permit (TRP) or Permanent Residence Permit (PRP):
1. Understanding whether the foreign national has grounds for obtaining a TRP/PRP. More details can be found on our website in the TRP and PRP sections. Since there are different grounds for obtaining a TRP and PRP, the list of required documents varies.
2. Obtaining a certificate of no criminal record for foreign nationals arriving in the Russian Federation under a visa regime. This certificate is one of the mandatory documents for obtaining a TRP/PRP, and the processing time for such a certificate can take up to several months. There is also the question of where and how to obtain this certificate, given that in some countries, it can only be obtained in person by the foreign national.
3. Registration of the foreign national at their place of residence. This procedure is much more complicated than migration registration, and if the foreign national does not have a host party willing to carry out this registration or their own residential premises, questions arise about how to proceed.
4. Proficiency in the Russian language at a sufficiently high level. To obtain a TRP/PRP, a foreign national must provide a certificate of knowledge of the Russian language, history, and legislation of the Russian Federation. If the foreign national does not speak Russian, the question arises again whether it makes sense to go through the entire legalization process.
Issues faced by foreign nationals who are citizens of EAEU member states:
1. Issues with migration registration, payment of fines, and presence in the register of controlled persons. These issues are similar to those faced by visa-free foreign nationals.
2. Migration registration:** According to clarifications from MVD officials, for migration registration, the host party must provide a copy of the employment or civil contract for the provision of services. Accordingly, this scheme already assumes that the foreign national has an employer, and it is not entirely clear how to carry out migration registration in the absence of an employer.
Given the above issues, it is worth noting that very little time has been allocated for the legalization of foreign nationals, and the legalization schemes are not well thought out.
For additional information, please contact the consultants of Confidence Group.
