This draft law was submitted to the State Duma of Russia at the end of November 2022, and on January 24, 2023 it was adopted in the first reading. Almost a year later, on December 12, 2023, it was adopted in the second reading, and then on December 14, 2023 – in the third, final reading.
According to the draft law, it will come into force 180 days after its official publication. At the moment, the law has not yet been published; it must be approved by the Federation Council and signed by the President of Russia.
In accordance with the adopted law, PVS will assist the Ministry of Internal Affairs in providing the following services:
1) accepting applications for registration, issuance, extension of validity and restoration of visas;
2) acceptance of applications, petitions and other documents necessary for the preparation and issuance of the following documents (the issuance itself takes place at the Ministry of Internal Affairs):
- temporary residence permit;
- temporary residence permit for the purpose of education;
- residence permit;
- patents;
- permits to attract foreign labor;
- work permits;
- invitations to enter Russia;
- passports.
3) carrying out mandatory state fingerprint registration of foreign citizens and photographing them;
4) acceptance of the following documents:
- statements, petitions for extension of the temporary stay of foreign citizens in Russia;
- notifications from foreign citizens permanently or temporarily residing in Russia about confirmation of their Russia;
- notifications from the employer or customer of work (services) about the conclusion and termination of labor and civil law contracts with foreign citizens;
- notifications about the fulfillment of obligations to pay wages to HQS;
- copies of employment and civil law contracts from foreign citizens working on the basis of a patent;
- notifications about granting academic leave to a foreign citizen, about completion, early termination, unauthorized departure of a foreign citizen from an educational organization;
- notifications of the arrival of a foreign citizen at the place of stay and attached documents;
- applications for registration of a foreign citizen at the place of residence.
Compared to the version of the bill adopted in the first reading, the text of the adopted law added the possibility of foreign citizens undergoing fingerprint registration and photographing also outside Russia in a number of countries.
The list of these states will be established by the Government of Russia, and the subordinate enterprise will provide assistance to representative offices (representatives) of the federal executive body in the field of internal affairs abroad.
Foreign citizens who have undergone fingerprint registration and photographing outside Russia will be required, upon arrival in Russia, to apply in person to the territorial body of the Ministry of Internal Affairs of Russia to receive a document confirming the completion of mandatory state fingerprint registration and photographing. This document will be issued after checking their identity and the fact that they have undergone fingerprinting and photographing outside of Russia.
Please note that the adopted law refers to “assistance”, PVS are everywhere added to the list of institutions providing such services, it does not exclude the provision of the listed public services also directly by the Ministry of Internal Affairs. The explanatory note to the bill states that it is intended to ensure increased accessibility and comfort when applicants receive relevant public services.
We recently wrote that in connection with the proposed adoption of this law, the Ministry of Internal Affairs in the Moscow region, from November 1, 2023, does not accept notifications of the arrival of foreign citizens from individual entrepreneurs and legal entities, inviting them to submit these notifications to the Odintsovo International Medical Center. However, the adopted law does not establish a ban on applying for all of the above public services directly to the Ministry of Internal Affairs, therefore the refusal of the Ministry of Internal Affairs to accept notifications from individual entrepreneurs and legal entities even after the law has entered into force will be unlawful.
Confidence Group has submitted a request to the Ministry of Internal Affairs asking for clarification of the legal basis for this situation, and we will notify you of the response as soon as we receive it.
For more information, please contact the consultants of the Confidence Group company.
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