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, entered into force.
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.
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 after adoption of Government decree.
Strictly by law, the responsibility of the inviting party, who does not take appropriate measures, should begin to operate after the adoption of the relevant Decree of the Government of the Russian Federation.
Nevertheless, at the meeting, the heads of the Ministry of Internal Affairs recommended to observe the measures proposed in the draft resolution in an arbitrary manner, and also said that responsibility for the inviting party would be imposed only if a violation was discovered by a foreigner.
For additional information, please contact the consultants of Confidence Group.
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