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Registration of Foreign Citizens on the Territory of the Russian Federation

The Draft Legislation on Improving Migration Laws and Liability for Violations

01.08.2012

June 20, 2012 the draft legislation “On Amendments to Certain Legislative Acts of the Russian Federation for the purpose of improving immigration laws and liability for violations" was introduced to the State Duma. The framework of the federal draft legislation covers the following aspects:

1. Criminal liability for the illegal recruitment of foreign citizens

In accordance with the federal draft legislation the recruitment for the purposes of employment of two or more foreign citizens or stateless persons who are without work permits, or patents, and who are as well without corporate work permits, in case such permits and patents are required by the federal law, and the offense is committed again within one hundred eighty days, is illegal and it will carry with it criminal liability:

· Up to 200,000 rubles or to the amount of salary or other income for a period up to eighteen months;

· Or by mandatory labor for a period of up to 360 hours;

· Or by disciplinary ‘correctional’ labor for a period of up to one year;

· Or mandatory ‘forced’ labor for a period of up to two years with the forfeiture of the right to hold certain positions or to be engaged in certain activity for a period up to one year or without such.

2. Criminalliabilityforillegally providing residential or non-residential property to foreign citizens or stateless persons

For providing residential or non-residential property to foreign citizens or stateless persons who are violating the established procedures and the rules of transit through the territory of the Russian Federation, if the offense is committed again within one hundred eighty days, it carries with it criminal liability:

· A fine up to 200,000 rubles or salary or other income for a period of up to eighteen months;

· Or by mandatory labor for a period of up to 360 hours;

· Or by disciplinary ‘correctional’ work for a period of up one year;

· Or mandatory ‘forced’ labor for a period of up to two years with the forfeiture of the right to hold certain positions or to be engaged in certain activities for a period of up one year or without such.

The same acts committed by an organized group shall be punishable by imprisonment for a period of up to three years and with a fine of up to 300,000 rubles or salary or other income for a period of up to two years.

3. Travel ban for foreign citizens on entering the Russian Federation

In accordance with the draft legislation, the period of a travel ban on entering the Russian Federation will be changed from 5 to 10 years for foreign citizens and stateless persons who during a previous stay in the Russian Federation:

· Were subject to administrative expulsion from the Russian Federation;

· Deported, or

· Were transferred by the Russian Federation to a foreign country in accordance with an international treaty of the Russian Federation regarding extradition.

It is proposed to introduce a ban on entry to the Russian Federation of a foreign citizen or stateless person where there is a recurrence of the following administrative offenses:

· Violation by a foreign citizen or stateless person of the rules governing entry into the Russian Federation or for violation of the rules while staying (residing) in the Russian Federation.

· A foreign citizen or stateless person illegally engaged in employment activity in the Russian Federation.

Foreign citizens and stateless persons falling under this category of restricted entry to the Russian Federation will have a corresponding mark in the identification documents held by the foreign citizen or stateless person.

4. Registration norms of living space for foreign citizens temporarily or permanentlyresiding on the territory of the Russian Federation.

There are proposed registration norms for living accommodations of a foreign citizen, the observance of which will be one of the conditions necessary for the registration of a foreign citizen by place of residence besides a foreign citizen having the right to use living accommodations on the territory of the Russian Federation.

The inconsistency with this registration standard area will be the basis for:

· The denial or the annulment of the temporary residency permit upon the expiration of three years from the moment of entry on to the territory of the Russian Federation

· The denial or the annulment of the residency status upon the expiration of three years from the moment of entry on to the territory of the Russian Federation.


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