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Registration of Foreign Citizens on the Territory of the Russian Federation

The procedure of migration registration for foreign citizens and stateless persons in Russia

16.01.2018

The Ministry of Internal Affairs of the Russian Federation developed a Draft Federal Law # 350179-7 "On Amendments to Articles 2, 20 and 21 of Federal Law" On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation ", which excludes the ambiguity as it pertains to the registration of foreign citizens and stateless persons by place of stay. It should be noted, that  earlier the Decree of the Constitutional Court of the Russian Federation recognized that several provisions of the Federal Law "On Migration Registration of Foreign Citizens and Stateless Persons in Russian Federation ", which contains ambiguity  as to the question whether it is permissible and in which case the setting up of a foreign citizen (stateless person), temporarily staying in the Russian Federation, to register by  place of stay at the location (address) of the receiving party, and also how the responsibilities within  the sphere of migration registration of a foreign citizen temporarily staying in the Russian Federation (a stateless person) and the receiving party in terms of ensuring its registration at the place (address) where a person must be registered by  place of stay.

To eliminate this contradiction, the bill clarifies the concept of "place of stay of a foreign citizen in the Russian Federation" and "the receiving party hosting a foreign citizen in the Russian Federation."

The place of stay is considered to be a dwelling, which is not a place of residence, or other premises in which the foreign citizen actually resides, or an organization to which the foreign citizen is subject to registration by place of residence.
In addition, there will be a fixed list of places of stay at which a foreign citizen will be subject to registration.
Thus, the draft law provides that a foreign citizen is subject to registration at the place of stay at the address of the organization for whom he or she is carrying out employment activity  in the event that there is no address information either of actual residence of  the specified organization or dwelling.

Removal of a foreign citizen from registration by place of stay is carried out within 3 working days after the migration unit receives information or documents confirming the departure of the foreign citizen from the place of stay.

In addition, the bill introduces the following new forms:

• application for registration of a foreign citizen or stateless person at the place of residence;
• notification of the arrival of a foreign citizen or stateless person to his or her  place of stay;
• notes on the registration of a foreign citizen or stateless person at the place of residence;
• notes on the confirmation of the fulfillment by the host party  and the foreign citizen of the actions  necessary for its registration by place of stay.

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