Amendments to the Federal Law on the Legal Status of Foreign Citizens in the Russian Federation

25 July 2022
PAS Messenger
Federal Law No. 357-FZ "Concerning Amendments to the Federal Law "Concerning the Legal Status of Foreign Citizens in the Russian Federation" and Certain Legislative Acts of the Russian Federation" was published on 14 July 2022.

The law makes changes to the following areas of immigration regulation:
Medical examination, fingerprinting and photographing

Foreign citizens who come to Russia to work and foreign citizens who come to Russia for other non-work-related purposes for a period of more than 90 calendar days are required to undergo a further medical examination and submit relevant medical documents to the local office of the Ministry of Internal Affairs within 30 calendar days after the lapse of 1 year from the date of their last medical examination. These requirements do not apply to highly qualified specialists.

Highly qualified specialists must undergo a further medical examination and submit the results to the local office of the Ministry of Internal Affairs within 30 calendar days of a decision to extend their work permit.

Foreign citizens who came to Russia before 29 December 2021 and stay in Russia without going abroad must by 11 January 2023 undergo:
  • state fingerprint registration and photographing
  • medical examination with further submitting relevant medical documents to the Ministry of Internal Affairs

This requirement does not apply to foreign citizens who have already completed a medical examination and have valid medical documents.

Foreign citizens who have the right to work in Russia without a work permit or patent must, if the purpose of their entry into Russia has changed, undergo fingerprint registration and photographing within 30 calendar days of the conclusion of an employment agreement or a civil contract for the performance of work/services, but not later than 90 calendar days after their entry into Russia.
The obligation to undergo medical examination, fingerprint registration and photographing does not apply to the following categories of foreign citizens:
  • stateless persons who have received a temporary identity card of a stateless person
  • foreign citizens who have been recognised as refugees or received temporary asylum in Russia

The above changes take effect from the date of publication of the law.
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Rules for temporary stay in Russia

Foreign citizens who came to Russia for non-work-related purposes under a visa-free regime have the right to change the purpose of their entry into the country to a work purpose without necessity to leave Russia. In this regard:
  • In the case of foreign citizens who have the right to work in Russia without a work permit or patent, the purpose of their visit to Russia will be considered to be work if a notification of the conclusion by an employer or a purchaser of work/services of an employment agreement or a civil contract for the performance of work/services with such foreign citizens is submitted to the Ministry of Internal Affairs
  • In the case of foreign citizens who came to Russia for non-work-related purposes and have applied for a patent, the purpose of their visit to Russia will be considered to be work if a patent is issued to those foreign citizens

The period of temporary stay in Russia for minor-age children of a foreign citizen who works in Russia on the basis of a patent will be extended for the validity period of the patent issued to that foreign citizen.

The above changes take effect from the date of publication of the law.
Temporary and permanent residence in Russia

The Law introduces new categories of foreign citizens who have the right to receive a permanent Russian residence permit without first obtaining a temporary residence permit:
  • persons who make investments in Russia meeting the criteria established by the Government of Russia and members of their families (spouses, children (including adopted children), spouses of children, parents (including adoptive parents), grandparents, grandchildren). This provision takes effect from 11 January 2023
  • persons who are citizens of the Donetsk People’s Republic, the Lugansk People’s Republic, Kazakhstan, Moldova and Ukraine. These categories of foreign citizens are also exempt from the requirement to prove their proficiency in the Russian language, the history and basics of the Russian law when submitting an application for a permit for temporary or permanent residence in Russia
  • persons migrating to Russia in accordance with international agreements of the Russian Federation concerning the regulation of the migration process and the protection of the rights of migrants

Foreign citizens pursuing various in-person study courses at state educational and research institutions will be able to obtain a temporary residence permit for educational purposes in the region of Russia where they are studying. Foreign citizens are not obliged to submit an annual notification confirming their residence in Russia on the basis of a temporary residence permit for educational purposes. They will also be able to apply for a permanent Russian residence permit within 3 years after completing their studies without the need to obtain a temporary residence permit. This provision takes affect from 1 January 2023.

The above changes take effect from the date of publication of the law, except for a number of changes which take effect from January 2023.

Authors:
Sergei Makeev
Partner
People Advisory services
Ekaterina Matveeva
Director
People Advisory services
Maria Moskaleva
Senior
People Advisory services
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