On July 19, 2017 the Russian Constitutional Court adopted a decision №22-P on verification of the constitutionality of Article 20, paragraph 2, part 2 and part 1 of the Federal Law as of July 18, 2006 N109 «On migration registration of foreign nationals» in response to complaints of the US citizens.
Those citizens complained of the decision of the Ministry of Internal Affairs convicted them for violating of the rules of stay on the territory of Russia resulted in the fines and deportation from Russia.
The Russian Constitutional Court recognized hat Article 20, paragraph 2, part 2 and part 1 of this Federal Law contained inaccuracies and ordered to eliminate them. The problem was that the Russian law did not recognize that the place of stay of foreign nationals and the place of residence can differ.
In this connection from the moment of issuance of an agreement to the moment of the entry into force of the amendments to the Federal Law the Ministry of Internal Affairs and its territorial departments must be guided by the terms of The Russian Constitutional Court.
The temporarily staying on the territory of Russia foreign national can be registered at the address of organization in the following cases:
- if organization is an employer or a customer of works or services of foreign national;
- if 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;
- 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 national and the organization within the whole period of staying in Russia.
Notice that temporary staying foreign nationals can also be registered within the standard procedures (at the place of stay or residence).
In all the other cases, foreign nationals shall be registered only at the place of residence.
Foreign citizens from visa-free countries are not invitees and organizations cannot invite them to Russia that’s why such people cannot be registered at the organizations addresses.
The migration registration at the organization address is also impossible for those foreign nationals who enter Russia without visas based on international agreements.
For additional information, please, contact consultants of Confidence Group.
The texts of the newsletters are intellectual property of Confidence Group, protected by the copyright laws of Russia. The information may not be reproduced in any form whatsoever without linking to this web site or to pages of this website.
