Amendments to the Federal Law "On Legal Status of Foreign Citizens in the Russian Federation”.

November 24, 2014, Federal Law № 357-FL "On Amendments to the Federal Law “On Legal Status of Foreign Citizens in the Russian Federation” and some of legislative acts of the Russian Federation" came into effect.

Her professional opinion shared Tatyana Kuleshova, head of Migration department of the A3 Group Law Firm. According to these amendments the procedure of fixing quotas on attracting foreign citizens arriving in a manner not requiring visa receiving to work in the territory of the Russian Federation will be cancelled. From January 1, 2015, foreign citizens arriving in the territory of the Russian Federation in a manner not requiring visa receiving in order to work for legal entities, will obtain patents instead of work permits. Now foreign citizens can work by patents only for individuals: for their personal, household and similar purposes not related to business activities.

In order to obtain a patent a foreigner within thirty calendar days from the date of entry into the Russian Federation shall submit to the territorial agency of the federal executive authority in the field of migration his request to grant a patent. For violation of this term will be introduced administrative liability in the form of a fine of ten thousand to fifteen thousand rubles.
In addition to the standard set of documents (application, proof of identity (passport); migration card indicating the purpose of entry "work"; certificate of absence of dangerous diseases) to obtain a patent foreign citizens should
also provide a voluntary health insurance Certificate (VHI Certificate) which is valid on the territory of the Russian Federation for the duration of employment according to a foreign citizen contract; the document confirming that a foreigner knows the Russian language, also that a foreigner has knowledge of the history of Russia and the legal framework of the Russian Federation; documents confirming the registration of a foreign citizen at a place of stay.
The issue of a patent won’t take more than ten working days from the date of submission the application for a patent.

According to the patent a foreign citizen will be able to carry out labor activity only in that territorial entity of the Russian Federation where he was granted a patent.
The patent will be issued for a period of one to twelve months and can be repeatedly extended, also the overall validity of the patent, taking into account renewals may not exceed twelve months from the date of granting. The validity of the patent shall be deemed to be extended for the period for which the individual income tax is paid in the form of a fixed advance payment. In this case, the application to the territorial bodies of federal executive authority in the field of migration is not required.

A foreign citizen may apply to the territorial body of the federal executive authority in the field of migration for re-issuance of the patent, but not more than once, that is, the period of continuous residence in the Russian Federation
can not be more than two years, after which he will be obliged to leave Russia.
The patent will be issued to a foreign citizen in person upon presentation of a document proving his identity, as well as a document confirming the payment of personal income tax in the form of a fixed advance payment. Upon receipt of a
patent the foreigner will have to undergo obligatory fingerprint registration in accordance with the Federal Law from July 25, 1998 N 128-FL "On State Fingerprint registration in the Russian Federation."

Within two months from the date of receiving a patent the foreign citizen will be required to submit to the territorial agency of the federal executive authority in the field of migration, where the patent was issued, a copy of the employment contract or a civil contract for works (services).

From January 1, 2015 the amendments to the Russian Code of Administrative Offences comes into force, these amendments establishe administrative responsibility for foreign citizens or stateless persons for violations of migration legislation of the Russian Federation in the field of their employment on the basis of patents.
Work permits issued before January 1, 2015, remain valid until their expiry date. Patents issued before January 1, 2015, also remain valid for the period for which they were issued, but they can not be extended.

Also, according to this Federal Law there are amendments in accordance with which an employer or contractor who attracts foreign citizens for works must notify the territorial body of the federal executive authority in the field of migration in the region of the Russian Federation, on the territory of which the foreign citizen carries out labor activity, on the conclusion or termination of a labor contract or a civil contract for works (services) with the foreigner within a period not exceeding three working days from the date of conclusion or termination (cancellation) of the corresponding contract.

At the same time the territorial bodies of federal executive authority in the field of migration exchange the information on the involvement of foreign citizens by employers and contractors with the executive authorities in charge of employment in the corresponding subject of the Russian Federation, and also with the tax authorities.

Tatyana Kuleshova

Head of Migration department
A3 Group Law Firm