| Author |
Message |
overseas_expat
VIP
Joined: 11 Jan 2005
Posts: 741
Location: Moscow
|
 Posted: Tue Feb 20, 2007 1:20 am Post subject: New registration--clear as mud--in English! read it here |
 |
|
Here is the new law in details:
Legal Update: Federal Law “On Immigration and Registration of Foreign Citizens and Stateless Persons”
On July 18, 2006 Federal Law “On Immigration and Registration of Foreign Citizens and Stateless Persons” ą109-FZ (hereinafter, “New Law”) was enacted and will take effect on January 15, 2007.
This letter covers only cases where a foreign citizen comes to Russia without either a temporary permit to live in Russia (“razreshenie na vremennoe prozhivanie”) or a permanent one (“vid na zhitelstvo”).
Generally, the New Law establishes:
a new, much simpler procedure for registration of foreign citizens in Russia;
a list of information about foreign citizens that will be retained by state authorities after they have registered;
foreign citizens’ rights regarding this information;
a procedure for de-registration.
As you are aware, current laws regulating foreign citizens’ registration require that any foreign citizen entering Russia registers with the authorities. To do so, a number of documents must be collected and submitted to the relevant state authorities. When submitting the above documents, a foreign citizen (or their representative) may spend more than three hours waiting in line. The registration process itself takes 10 days. To make matters worse, sometimes state workers refuse (which is in fact illegal in most cases) to register the foreign citizen and instead impose requirements not provided by current laws. For instance, some state authorities refuse to register a foreign citizen until a lease agreement for the apartment where the foreign citizen lives is registered by tax authorities. The New Law shall significantly improve the situation.
The New Law provides for a much simpler registration procedure and eliminates most of the above hardships. Under the New Law, the inviting party is responsible for registering foreign citizens. Please note that pursuant to the New Law, the inviting party is defined as an entity (whether a natural person or legal entity) that either provides a foreign citizen with a premises (apartment, house etc.) to live in, or official employment.
The New Law requires that foreign citizens be registered within 3 working days after their arrival at a new residence. To do so, they must submit their passport and immigration card to the inviting party. Based on the information contained in the foreign citizen’s passport and immigration card, the inviting party must fill out a special notification card (hereinafter, “notification”) and provide this to the state registration agency (hereinafter, “state agency”). The notification may be delivered to the state agency either directly or by mail. Once notification is delivered to the state agency, the foreign citizen is deemed registered. A form for this notification and a list of documents to be attached will be determined by a Government Decree of the Russian Federation.
If the notification is delivered to the state agency in person, they are obligated to provide the inviting party (or its authorized representative) with a document (hereinafter, “confirmation document”) confirming that the notification has been received.
If the notification is to be delivered by mail, the state post office is obligated to provide a confirmation document. Please note that the New Law states that if the inviting party wishes to send notification by mail, only state post offices (rather than private ones) may be used. The New Law implies that state post offices will accordingly be instructed to provide inviting parties with confirmation documents.
According to the New Law, the confirmation document is an official document confirming that both a foreign citizen and an inviting party have fulfilled their obligation to register. Therefore, in order to prove that a foreign citizen has in fact been registered, the confirmation document must be shown. However, the New Law does not clarify what this “confirmation document” is, and merely states that a form is to be established by a soon-to-be-adopted Russian Federation Governmental Decree .
The New Law states that a foreign citizen is not entitled to apply to the state agency for registration him or herself, unless the inviting party is not able to do so due to a reasonable and proven excuse.
The New Law retains a hotel’s obligation to register foreign citizens. However, the deadline for registering foreign citizens was reduced from 3 working days to one working day. Thus, if the foreign citizen lives in a hotel, the hotel must, within one day of the foreign citizen’s arrival at the hotel, provide the state agency with notification.
A foreign citizen staying in Russia for a period not more than 3 days is not obligated to register.
When registering a foreign citizen, the state body makes an entry in its records. Such records contain personal data about each foreign citizen registered (hereinafter, “personal data”), which includes:
passport details;
Russian visa details;
full name;
gender;
nationality;
purpose for entering Russia;
profession;
period for which the foreign citizen is going to stay in Russia;
information on registration at previous places of living in Russia;
information on parents or guardians (in the case that a foreign citizen is a minor or legally incapable);
information on disciplinary actions imposed (if applicable);
information on crimes and/or administrative violations committed (if applicable);
grounds for registering and de-registering a foreign citizen.
We would like to pay your attention to the fact that any foreign citizen has the right to:
examine the personal data contained in the state agency’s records;
request that the state body rectifies mistakes found in their personal data (if any);
request that the state body keeps their personal data confidential;
amend their personal data;
obtain official documents from the state body.
When a foreign citizen leaves their place of residence, the inviting party must, within two days of the departure date, provide the state body with written notification. Once the above notification is provided to the state body, a foreign citizen is deemed to be de-registered.
The New Law does not provide any special liability for failure to register a foreign citizen. Thus, in the event of violation of the New Law, provisions of the Code on Administrative Violations (hereinafter, “Code”) shall apply. According to the Code, if a foreign citizen fails to register as set forth by current laws, they may be (i) fined; or (ii) fined and deported.
In the event that an inviting party fails to register a foreign citizen, they are to be fined. If the inviting party is an individual, the amount of the fine would be between 25 and 100 times the minimum monthly wage (i.e. approximately between 95 and 385 US dollars); if the inviting party is a legal entity, the amount of the fine would be between 100 and 3,000 times the minimum monthly wage (i.e. approximately between 385 and 11,540 US dollars).
Finally, according to the New Law, if a foreign citizen was registered under previous laws, their registration will be considered valid. We would also like to inform you that on September 22, 2006 our firm participated in a meeting with representatives of the Federal Immigration Service,. The topic of the meeting concerned, among others, a new procedure for foreigners’ registration. According to the above representatives, it is planned that in the near future foreign citizens will be able to attend to registration and work permit issues in designated special offices for to be allocated for such purposes. These offices will be equipped with computers with Internet access.
**************************************************************
So in case that doesn't clarify anything for anybody....
Welcome to Russia! (good luck)
For those camping, homestaying, or taking the Trans-Siberian, may god be with you.
Sincerely,
overseas_expat |
|
| Back to top |
|
 |
nikir
Frequent Guest
Joined: 17 Mar 2010
Posts: 54
|
| Posted: Tue Feb 20, 2007 1:33 am Post subject: |
|
|
| Mud indeed. I think there will be some interesting experiences posted here in the coming months. So we shall read, learn and be prepared when it's our turn. |
|
| Back to top |
|
|
Kesha
Talk Show Host
Joined: 26 Sep 2005
Posts: 258
Location: Terrapin Station
|
| Posted: Tue Feb 20, 2007 4:59 am Post subject: |
|
|
Well, aside from:
"the New Law does not clarify what this “confirmation document” is, and merely states that a form is to be established by a soon-to-be-adopted Russian Federation Governmental Decree,"
campers and trans-Siberian travelers, I think it is relatively clear.
However, I still don't understand if I must be registered each time I arrive if I have a multi-entry, one year, work visa.
It sounds like I would have to be.....which is a real pity if I'm reading the law correctly.
The old method I didn't. I was registered at my friend's apartment as my place of residency, and I entered and departed the country as needed. |
|
| Back to top |
|
|
vox16
Just Starting
Joined: 14 Apr 2010
Posts: 5
|
| Posted: Wed Feb 21, 2007 12:47 am Post subject: |
|
|
| Kesha wrote: | Well, aside from:
"the New Law does not clarify what this “confirmation document” is, and merely states that a form is to be established by a soon-to-be-adopted Russian Federation Governmental Decree,"
|
Confirmation for any type of incoming document ( that confirms the fact that officials received it ) is copy of document with 'incoming number' written on it and signed by office representative. If they refuse to do it, it is usually sufficient to remin them about the possibility to do it by mail - then the 'confirmation' is a receipt of registered mail.
| Quote: |
campers and trans-Siberian travelers, I think it is relatively clear.
|
It looks like situation with these two is not changed at all - they were never mentioned in old law as well. |
|
| Back to top |
|
|
Kesha
Talk Show Host
Joined: 26 Sep 2005
Posts: 258
Location: Terrapin Station
|
| Posted: Wed Feb 21, 2007 9:52 am Post subject: |
|
|
| vox16 wrote: | | Kesha wrote: | Well, aside from:
"the New Law does not clarify what this “confirmation document” is, and merely states that a form is to be established by a soon-to-be-adopted Russian Federation Governmental Decree,"
|
Confirmation for any type of incoming document ( that confirms the fact that officials received it ) is copy of document with 'incoming number' written on it and signed by office representative. If they refuse to do it, it is usually sufficient to remin them about the possibility to do it by mail - then the 'confirmation' is a receipt of registered mail.
| Quote: |
campers and trans-Siberian travelers, I think it is relatively clear.
|
It looks like situation with these two is not changed at all - they were never mentioned in old law as well. |
Well, if how you read it is true, it really is simple, and that would be alright with me!
Thanks for your thoughts on it all! |
|
| Back to top |
|
|
steve7871
Frequent Guest
Joined: 17 Feb 2005
Posts: 42
Location: London, UK
|
| Posted: Fri Mar 09, 2007 7:20 pm Post subject: |
|
|
[When a foreign citizen leaves their place of residence, the inviting party must, within two days of the departure date, provide the state body with written notification. Once the above notification is provided to the state body, a foreign citizen is deemed to be de-registered]
So what if, for example, I am staying in a hotel, which registers me, and then I go to spend a week at the dacha with my wife? The state body surely knows when I left the hotel. Does that mean I have to register twice on the same trip? |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Profile
Log in to check your private messages
Log in
