Update: upcoming obligations for companies inviting foreign nationals to Russia

IMPACT – HIGH

What is the update? A series of regulations that specify procedures for inviting parties to enforce that foreign nationals comply with the terms of their visa have been submitted to the government for review. Migration authorities have verbally confirmed that companies may refer to the draft guidelines to prepare draft documents until the official recommendations are announced.

Proposed changes:

• New arrivals. The inviting company or organization must notify the foreign national, upon entry, of the activities that are allowed under their visa type, the allowed period of stay, and the penalties if they violate the terms of the visa. It is presumed that the inviting parties will have to communicate this information via email, telephone or personal meeting.
• Visa expiration reporting. The inviting company must send a visa expiration reminder to the foreign employee or business visa holder at least 10 calendar days prior to the visa expiration date. The reminder must inform the foreign national of the expiry date, and may be sent as a registered letter by one of the following methods: the Russian post (with a receipt notification) ,an email (the company must have a receipt indicating that the mail was sent and received by the individual) or in-person meeting (the inviting company must obtain a signature from the individual)
• Immigration violation reporting. The inviting company must submit a notification regarding any regime violation to the Ministry of Internal Affairs within five days from the date when it was informed of the respective violations.

Background: In January, Article 16 of the federal law “on the status of foreign citizens in Russia” imposed new regulations on employers and individuals who invite foreign nationals to Russia to make sure that the foreign nationals comply with the terms of their visa and their purpose for being in the country. While the law took effect Jan. 16, guidelines setting out the specific regulations had not yet been issued. The proposed regulations would specify the measures to be followed by inviting parties sponsoring visas to foreign nationals.

Analysis & Comments: Companies should be aware of the new obligations and review their procedures. In particular, the inviting company should obtain written acknowledgment from foreign nationals when they arrive in Russia that they are required to comply with the stated purpose of entry and leave before their visa expires. They should also notify visa holders at least 10 days prior to their visa expiry.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.