We would like to inform you that the state migration authorities (the Russian Ministry of Internal Affairs) have drafted a separate check list for its scheduled audits. This document will be used for auditing companies to ensure that they are compliant with the migration regulations when hiring foreign citizens. In particular, this document covers such issues as:
- The availability of an employer permit to hire foreign citizens;
- Whether employment agreements or civil-law contracts with foreign employees are concluded;
- Whether foreign employees actually work at the location specified in their work permits; etc.
This checklist will be helpful not only to the migration authorities, but it may also be used by employers as a guideline for self-assessment.
As a follow-up to our previous video regarding migration registration, we are continuing to keep you abreast of the most recent practical updates.
As many of you know, the normal registration of a migrant should be completed in person by the hosting party of a foreign employee at the physical place of residence, or by using the local post office. However, many practical issues of this rule are still of vital importance.
We would therefore like to share some guidelines from our experience with you:
1. Unfortunately, the registration of a migrant by a third party using a power of attorney is not workable.
2. However, the state migration authorities currently allow an employer to register its foreign employees if it rents a flat to them directly. However, to do so an employer should have an executed lease agreement with a landlord which should contain provisions on the employer’s eligibility to provide a flat to this employee for residence.
3. A similar approach is applicable to apartments that formally differ from flats. Flats are living premises, while apartments are formally non-living premises, which, however, may be fully equipped for living.
Registration in the apartments may be completed only (i) if they are owned or leased by the company for its employee, or (ii) they are owned by a hotel. In all other cases, migration registration in apartments cannot be completed, even by that landlord.
4. Generally, new migration rules exclude the administrative liability of companies that are non-hosting parties for failure to register the employee at the physical address of residence. However, there are some migration forms that must be submitted by the employer on a regular basis.
These forms contain the address of the employee’s registration. This means that if the employee’s migration registration is absent, the employer will not be able to complete and file the respective forms. Therefore, we highly recommend that you monitor the employee’s migration registration in order to comply with the law and to properly manage the respective document workflow.
Of course, all practical approaches could change with time. Therefore, if you have doubts how to proceed and need some guidance, please let us know. We would be happy to find a proper solution for you.
Moreover, from 16th January next year, legal entities will be subject to significant administrative fines if foreign citizens – whom they have invited – fail to abide by the rules of their stay in Russia. The violation fine can reach up to 500,000 Roubles.
The inviting party will have to ensure that a foreign citizen follows the terms and conditions of the visa and that he or she departs Russia on time. It is expected that a list of actions to be undertaken by inviting parties would include:
(i) Notifying a foreigner in writing about the need to comply with the stated purpose of entry and terms of stay in Russia; and
(ii) Inform the state authorities about any failure by the expat to comply with migration rules.
How SCHNEIDER GROUP can help?
Of course, we will keep you informed on the responsibilities of inviting parties as soon as the new government resolution is adopted. Our labour and migration team will be glad to assist you with further questions, so please feel free to contact us .