On January 16, 2019, Federal Law as of July 21, 2018 N 215-ФЗ, which amends Article 18.9 of the Administrative Code of Russia providing for responsibility for inviting party that does not ensure that a foreign citizen complies with the regime of residence (residence) in Russia, will enter into force.
The duty of inviting party to take measures to ensure that a foreign citizen complies with the regime of stay (residence) in Russia and timely departure from Russia was introduced by Federal Law No. 216-ФЗ as of July 19, 201 “On Amendment to Article 16 of the Federal Law “On the legal status of foreign citizens in Russia". However, the list of measures to be taken by inviting party should be provided for by the relevant Decree of the Government of Russia.
At the moment, the Government of Russia has not yet provided for such a list of measures. A draft government decree has been prepared, which is not adopted currently.
There are actions aimed at explaining to invited foreign citizen the need to respect the purpose of entry and the consequences in case of non-compliance, creating conditions under which invited foreign citizen can actually fulfill the purpose of entry to Russia; as well as an explanation to invited foreign citizen of the need to respect the length of stay in Russia and the consequences in case of their violation, as well as on advance booking and purchase of travel documents necessary for departure.
This list includes the following measures:
- Presentation to a foreign citizen after his arrival in Russia under the signature of a notification about the need to comply with purpose of entry in Russia by the form established by the Ministry of Internal Affairs of Russia, as well as a warning about responsibility for its non-compliance.
- Ensuring conditions for compliance by invited foreign citizen with stated purpose of entry.
- Keeping in touch with invited foreign citizen, if necessary, keeping correspondence with him.
- In case of a non-compliance by invited foreign citizen of stated purpose of entry or loss of communication with him, inform the territorial body of the Ministry of Internal Affairs of Russia about this within five working days from day the relevant facts were revealed.
- Giving to a foreign citizen after his arrival in Russia under the signature of a notification about need to comply with deadlines in Russia by the form established by the Ministry of Internal Affairs of Russia, as well as a warning about liability for their violation.
- An advance, no later than ten days before the expiration of the visa, a reminder to invited foreign citizen about the need to leave Russia after expiration of visa, sent by registered letter with notification or handed in person to foreign citizen under the signature.
- If there are obstacles to timely departure from Russia of a foreign citizen (lack of funds, loss of identity documents, illness and other circumstances that do not allow leaving the territory of Russia within the prescribed period), providing assistance for their elimination.
- In case of violation by invited foreign citizen of period of temporary stay in Russia, inform the territorial body of the Ministry of Internal Affairs of Russia about that within five working days from date of violation of period of stay.
These forms of notification will be accepted by the Ministry of Internal Affairs of Russia.
Thus, responsibility of inviting party, which does not take appropriate measures, will take effect after the amendments to the Administrative Code of Russia (January 16, 2018) come into force and after adoption of the relevant Resolution of the Government of Russia.
For additional information, please contact the consultants of Confidence Group.
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