With reference to the previously published news Confidence Group explains the content of the Decision of the Russian Constitutional Court as of July 19, 2017, No. 22-P. According to the Decision there is no mandatory obligation for a foreign citizen (stateless person) registered at the legal address of the organization that invited him (the host party) to make registration at the place of real stay (address of living) provided by the host party and where he really lives. The legal relation between the above mentioned foreign citizen and the host party is based on the provisions of the Russian legislation and is not lost during his stay in Russia. According to the Decision there is no violation of the rules of stay (residence) of the provisions of part 1 and paragraph 2 of the part 2 of Article 20 of the Federal Law "On the legal status of foreign citizens in Russia". In all other cases, foreign citizens and stateless persons should be registered at the places of their stay (real living address), if the Federal Law does not specify other rules for migration registration.
Decision of the Russian Constitutional Court as of July 19, 2017, N 22-P is mandatory for application and entails the duty of the legislator to make appropriate changes to the legislation. Prior to making such changes, follow this Decision. However, there is a lack of clarity in its content. Some provisions of this Decision can not be interpreted clearly, resulting in questions arising.
We hope that when introducing amendments to the Federal Law "On the legal status of foreign citizens in Russia" at the legislative level, these ambiguities will be corrected, and questions of interpretation of these formulations will be eliminated.
We draw your attention to the fact that the recommendations of Confidence Group are most favorable in the point of view of the law security and minimization of risks to violate legal regulations.
We recommend to register a temporary staying foreign citizen at the address of the organization in the following cases:
1. The organization is an employer or a customer of works or services of a foreign citizen.
The migration registration in this case is possible for both visa and visa-free foreign citizens. It follows from the rules of the Federal Law "On migration registration of foreign citizens and stateless persons in Russia" (paragraph 7 of part 1 of Article 2, part 1 and subparagraph "a" of paragraph 2 of part 2 of Article 22) and is confirmed in the Definition of the Constitutional Court of Russia as of November 24, 2016, N 2538-O, where it is stated that, within the meaning of these provisions, the possibility of migration registration for a foreign citizen at the place of stay which is a non-residential area is allowed including the case when the inviting party is a legal entity for whom the foreign citizen works.
2. The organization is a hotel, a sanatorium, a rest home, a guesthouse, a camping, a tourist centre, children's recreation camp or provides guest service; and also if organization is a medical organization which provides stationary medical care or a social service agency or executes administrative penalty.
The migration registration in this case is possible both for visa and visa-free foreign citizens, which directly follows from the rules of the Federal Law "On migration registration of foreign citizens and stateless persons in Russia".
3. If organization is an inviting party (issued an invitation letter which is possible only for those who enter Russia within visa regime), and there is legal connection between foreign citizen and the organization within the whole period of staying in Russia.
The migration registration in this case is possible only for citizens who have entered on the visa basis.
It follows from the provisions of Article 2 of Federal Law as of July 25, 2002, No. 115-FZ "On the legal status of foreign citizens in Russia" which provides that the inviting party is a federal public authority, diplomatic representation and consular office of a foreign state in Russia, an international organization and its representation in Russia, the representation of a foreign state of an international organization located in Russia, a state authority of a constituent entity of Russia, a local government, a legal entity, a citizen of Russia and a permanent resident of Russia, a foreign citizen and a stateless person, as well as other authorities, organizations and individuals, having the right to apply the invitation to enter Russia for a foreign citizen or a stateless person who has entered Russia on visa basis or directly on invitation basis in the cases provided by the federal law or by the international treaty of Russia.
So the organization can be an inviting party (on its behalf an invitation can be issued) only for foreign citizens who have entered on the visa basis (which is impossible for citizens of countries which don’t have a visa regime with Russia).
For additional information, please, contact consultants of Confidence Group.
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