On migration registration of foreign citizens in the Russian Federation in 2021

From February 23, 2021, new rules for migration registration of foreign citizens are in effect (Order of the Ministry of Internal Affairs No. 856 of December 10, 2020). What are the innovations?

Migration registration is a procedure for notifying the migration service (GUVM MIA) about the arrival of a foreigner on the territory of Russia. Migration registration includes registration at the place of residence and registration at the place of stay of foreigners and stateless persons.

What changes have been made by the new regulations on migration registration of foreigners?

The new regulation was necessary to bring into line all the changes that were made by other regulatory documents. For example, from January 1, 2021, the order of the Ministry of Internal Affairs is in effect, according to which the following have changed (No. 536 of July 30, 2020):

forms and procedure for notifying the Ministry of Internal Affairs about the conclusion and termination of an agreement with a foreigner;
forms and procedure for filling out a foreigner’s application to engage him as a HQS.

That is, from January 1, 2021, employers must fill out forms for the dismissal of migrants and for the employment of migrants using a new form. The form of applications that foreigners themselves must fill out has also changed.

In addition, the pandemic has made adjustments to the procedure and timing of migration registration.

Thus, there is no need to renew migration registration if the foreigner’s stay in Russia expires in the period from March 15, 2020 to June 15, 2021.

Let us remind you that in general, migration registration must be carried out within 7 working days from the date of arrival of the foreigner at the place of stay. Exceptions to the deadlines are made for citizens of countries from the EAEU and citizens of Tajikistan.

Actions to register for migration are carried out by the receiving party. For example, the receiving party may be: a citizen of Russia, a foreigner permanently residing in Russia or a stateless person, a company, its branch or representative office where the foreigner lives or works.

The receiving party must submit a notification to the Main Department of Migration of the Ministry of Internal Affairs about the arrival of a foreigner no later than 7 working days from the date of his arrival at the place of stay.

Important!
If the receiving party has submitted notifications of arrival or notifications of departure in the wrong form, and the text is not readable, then the notification may be refused.

The same requirement was in the “old” regulations (Order of the Ministry of Internal Affairs of July 30, 2019 No. 514).

The new regulations contain modified forms regarding:

applications of a foreigner or stateless person for registration at the place of residence;
applications for removal of a foreigner or stateless person at the place of residence;
notification of the arrival of a foreigner or stateless person at the place of stay.

The regulations have changed the forms of marking:

on registration/removal of a foreigner or stateless person at the place of residence;
on confirmation of the completion by the receiving party and the foreigner of the actions necessary for his registration at the place of stay;
on confirmation of the completion by the receiving party and the foreigner of the actions necessary for his registration at the place of residence, as recorded by the MFC.

Let's look at the changes compared to the previous regulations.

1. Application of a foreigner or stateless person for registration at the place of residence.

This application is completed by a foreigner within 7 working days from the date of receipt of the residence permit.

The application can be submitted to the territorial body of the Ministry of Internal Affairs of Russia at the location of the residential premises that he has chosen as his place of residence on the territory of the Russian Federation either in electronic form using the government services portal or through the MFC.

What has changed compared to the “old” form?

The column “Registration at the place of residence” is supplemented by the column “Decision taken”, which indicates information about the date, full name and signature of the official.

2. Application of a foreigner or stateless person for withdrawal at the place of residence.

In the “old” regulations there was no form for such a statement. The application was filled out in free form. The application form is now installed. The application, for example, indicates the basis for deregistration at the place of residence.

3. Notification of the arrival of a foreigner or stateless person at the place of stay.

The updated notification form now consists of 4 pages - previously it was filled out on two pages. This notification is completed by the receiving party. The notification must be filled out separately for each arriving foreigner.

The employer is returned the tear-off part of the form, which must subsequently be handed over to the foreigner.

Migration registration of foreign citizens in the Russian Federation or temporary registration of foreigners, as many call it, is a mandatory procedure for every foreign citizen staying in the territory of Russia, regardless of whether he arrived with a visa or a visa-free procedure.

That is, every foreigner who enters Russia must register with the migration service (FMS/GUVM MIA) for legal stay on the territory of the Russian Federation.

Migration registration itself is a procedure for notifying the migration service (GUVM MIA/FMS) about the arrival of a foreigner on Russian territory.

Thus, the basis for registering a foreigner at the place of stay is the receipt by the Main Directorate of Migration Affairs of the Ministry of Internal Affairs of the Ministry of Internal Affairs of notification of the arrival of a foreign citizen or stateless person at the place of stay. Confirmation of the migrant's registration for migration is the tear-off part of the Notification form with a mark indicating acceptance of the notification.

Basically, all foreigners must be registered with migration authorities at their place of stay no later than 7 days after arrival, but there are exceptions for citizens of countries from the EAEU and citizens of Tajikistan. Migration registration for citizens of Belarus, Armenia, Kazakhstan and Kyrgyzstan is given 30 days, for citizens of Tajikistan - 15 days.

Primary migration registration of foreign citizens (initial registration) is done for a period of stay of up to 90 days, regardless of the citizenship of the foreigner. This gives a foreigner the right to stay in Russia for up to 90 days. That is, having registered for migration, a foreign citizen can stay in Russia without leaving for more than 3 months from the date of entry into the Russian Federation.

After the expiration of 90 days, a foreign citizen is obliged to either leave the Russian Federation for 3 months or renew registration. At the same time, renewal of registration of foreign citizens is possible only if there are grounds. Citizens of Belarus, Armenia, Kazakhstan and Kyrgyzstan (EAEU countries) can apply for initial registration under an employment contract for a period of up to 1 year. That is, if they have a valid employment contract, then the permitted period of stay is extended for the duration of the contract, but not more than 12 months.

When registering a foreign citizen and registering him at his place of stay, the receiving party may be:

citizens of the Russian Federation who are registered at their place of residence in the country, or who own residential premises at the address of which the migration registration of a foreigner is issued;

foreign citizens who have received a residence permit in the Russian Federation and who have registration at their place of residence in the Russian Federation;

a foreigner who has his own living quarters in the Russian Federation can apply for migration registration for himself. At the same time, he cannot register another foreigner, as well as members of his family, on the migration register;

A foreigner with HQS status who has his own residential premises in the Russian Federation can also apply for migration registration for himself. At the same time, he can also register his family members with migration registration;

government body of the Russian Federation or local government;

an international organization or its representative office, a representative office of another country can also be the receiving party if they provide residential or other premises for actual residence to a foreign citizen.

It is also possible to register for migration as a legal entity. A Russian company, or its branch or representative office, can act as a host if a foreign citizen actually resides at the address of the legal entity or in premises rented by the legal entity.

After the foreign citizen arrives at the place of stay, the receiving party must fill out an approved form for notification of the arrival of a foreigner based on data from his documents (migration card, passport, visa) and send a notification to the territorial body of the Ministry of Internal Affairs of the Ministry of Internal Affairs to register the foreigner with migration registration.

The official name of the temporary registration form for foreign citizens is the Form “Notification of the arrival of a foreign citizen or stateless person at the place of stay” (06/02/2020, Order of the Ministry of Internal Affairs No. 180 dated 03/24/2020 was registered with the Ministry of Justice, according to which the form of the form was changed).

The form must be filled out in Russian, and there should be no corrections, abbreviations, abbreviations of words, or missing fields, since due to such errors the form will not be accepted and it will not be possible to register the foreigner.

If there are several foreigners, then the receiving party fills out the notification form for each foreigner separately.

The person who submits notification of the arrival of a foreigner must present an identification document, as well as attach a copy of the foreign citizen’s identity document and a copy of his migration card.

The employee who accepted the notification for registration of a foreign citizen from the receiving party, after checking that the notification form has been filled out correctly and the necessary documents are available, puts a mark on the form indicating acceptance of the notification.

The detachable part with a mark on acceptance of the notification of the arrival of a foreign citizen is returned to the receiving party. After this, the receiving party gives the foreigner this tear-off part of the notification of arrival form with a stamp.

In order to submit notifications of the arrival of a foreign citizen, the receiving party can contact several institutions:

to the territorial authority for migration issues (GUVM MIA) at the place of registration;

to a multifunctional center (MFC) or a center for the provision of public services;

or apply for migration registration via mail.

Step-by-step instructions for registering foreign citizens in the Russian Federation

A foreign citizen enters the territory of Russia and receives a migration card.

The receiving party fills out a notification form about the arrival of a foreign citizen at the place of stay and submits it to the Department of Internal Affairs of the Ministry of Internal Affairs in person, through the post office or through the MFC.

The Department of Foreign Affairs checks and accepts the notification of the foreigner’s arrival and enters the provided information into the database, after which it puts a mark on acceptance of the notification on the tear-off part of the form and returns it to the receiving party.

The receiving party gives the received detachable part of the notification form with a mark from the Department of Internal Affairs of the Ministry of Internal Affairs about the receipt of the notification to the foreign citizen.

Now a foreign citizen can stay in Russia for up to 90 days from the moment of entry into the country.

After 90 days, a foreign citizen must either renew registration for existing reasons, or leave the Russian Federation for 3 months.

There is no need to send a notice of departure of a foreign citizen, since this information is automatically entered into the database of the Ministry of Internal Affairs of the Ministry of Internal Affairs when a foreigner leaves Russia.

Important! On March 20, 2021, changes to the rules for registering for migration came into force, according to which the following documents must be attached to the notification form:

copies of all pages of the foreigner’s identity document that contain information about him;

a copy of the migration card (except in cases where the foreigner is exempt from the obligation to fill it out);

a copy of a document confirming the right to use residential or other premises provided for actual residence to a foreign citizen.

If a notification of the arrival of a foreign citizen is submitted in relation to an employee who is a citizen of a member state of the EAEU and members of his family, it is additionally required to submit:

a copy of the employment or civil law contract between a foreigner and an employer (customer) in the territory of the Russian Federation;

copies of documents confirming family relationships (for family members).

If the receiving party is a legal entity, then for temporary registration of foreign citizens the following documents will be needed:

a copy of the certificate of state registration of a legal entity;

copy of TIN;

a copy of the notification from the territorial body of the Federal State Statistics Service;

a copy of the certificate of entry into the Unified State Register of Legal Entities;

a copy of the order on the appointment of a manager;

copy of the manager's passport;

a copy of the employment contract with a foreign citizen;

information about the organization (address, telephone);

a copy of the lease agreement or a copy of the certificate of ownership of the occupied premises;

original extract from the Unified State Register of Legal Entities (made no earlier than two months ago).

To register foreign citizens as an employer, the obligatory conditions are the registration of a legal entity with the Department of Internal Affairs of the Ministry of Internal Affairs (FMS) and obtaining accreditation as an employer of migrants.

If the company is not registered with the Administration of the Ministry of Internal Affairs as an employer who employs foreign citizens, it does not have the right to attract foreigners to work, and of course, in this case, registering the employee with migration registration is impossible.

Important! Violation of the deadlines for migration registration entails deportation from the Russian Federation with a possible ban on entry, as well as a fine in the amount of 2,000 to 7,000 rubles.

REMINDER

If you have information about any crime committed or being prepared, including in the field of migration, please call 02.

Single emergency help channel - 102/112 (for any mobile operators).

“Helpline” of the Main Directorate of the Ministry of Internal Affairs of Russia for the Stavropol Territory: 24 hours a day, or 8-800-100-26-26 (free call).

We remind you that the “hotline” of the Main Directorate of the Ministry of Internal Affairs of Russia for the Stavropol Territory is part of the “hotline of the Ministry of Internal Affairs of Russia” and is intended to receive and record messages from citizens about crimes and other offenses committed or being committed by employees of internal affairs bodies.

Telephone number of the operational investigative unit of the internal security of the Main Directorate of the Ministry of Internal Affairs of Russia for the Stavropol Territory; (8652) 30-52-08.

Telephone number of the Department for Migration Issues of the Main Directorate of the Ministry of Internal Affairs of Russia for the Stavropol Territory.

Legislative acts

Migration registration is regulated by various kinds of legislative and regulatory acts, but the most important among them is Federal Law No. 109.

The federal law for the Russian Federation is actually on the same level as the Constitution, because it contains the fundamental points.

Federal Law 109 on migration registration, adopted by the State Duma back in 2006, has 26 articles, each of which prescribes the stages of registering and deregistering a person, the responsibilities of migration authorities, the timing of consideration of applications, and so on. It is the Federal Law that must be relied upon in the event of a conflict with the migration service.

In addition to federal laws, you can also rely on government regulations, which can be useful in cases where, for example, it is necessary to notify the migration service by mail. This possibility of establishing payment is spelled out in the resolution of January 15, 2007 “On establishing payment for postal services.”

Migration registration in the Russian Federation is structured in such a way that it is much more convenient for a citizen to register and receive various government services than to wait in horror for various types of penalties.

Registration of foreign citizens in hotels and organizations providing hotel services

Features of migration registration of foreign citizens in hotels and organizations providing hotel services (relevant for sanatoriums, holiday homes, boarding houses, campsites, tourist centers, children's health camps, medical organizations providing medical care in inpatient settings, social service organizations)

Migration registration of foreign citizens is regulated by the Federal Law of July 18, 2006. No. 109-FZ “On migration registration of foreign citizens and stateless persons in the Russian Federation” (hereinafter referred to as the Law, Law on Migration Registration).

In accordance with subparagraph “a” of paragraph 2 of part 2 of Article 22 of the Law, the obligation to notify the migration authority about the arrival of a foreign citizen (hereinafter referred to as foreign citizens also means stateless persons) falls on the receiving party.

In relation to the described situation, the receiving party is a legal entity that, in accordance with the legislation of the Russian Federation, has provided a foreign citizen with residential premises for actual residence.

As a general rule, notification of arrival is submitted by the receiving party within 7 working days from the date of arrival of the foreign citizen at the place of stay.

In this case, registration at the place of residence of foreign citizens is carried out at the address of the hotel where they actually reside [1].

However, in accordance with paragraph 3 of part 3 of Article 20 of the Law, if a foreign citizen is in a hotel or other organization providing hotel services, notification of the foreign citizen’s arrival at the place of stay must be submitted to the migration registration authority by the receiving party within one working day following the day of his arrival at his place of stay.

This rule applies to all foreign citizens, both temporarily staying and temporarily residing (that is, those who have received a temporary residence permit) [2], and permanent residents (that is, those who have received a residence permit in the Russian Federation) [3].

At the same time, in accordance with subparagraph “a” of paragraph 2 of part 2 of Article 22 of the Law, a notification of arrival can be submitted to the migration registration authority directly (that is, “with your feet”) or through a multifunctional center for the provision of state and municipal services (hereinafter referred to as the MFC) or sent to the established by post or using the means of communication included in the telecommunication network [4].

It would seem that the Law sets out the entire procedure very clearly. However:

I. The procedure for carrying out actions by the hotel administration when registering a foreign citizen.

1. Checking the documents of a foreign citizen upon check-in at the hotel.

Upon arrival of a foreign citizen (his check-in) at the hotel, he, in accordance with subparagraph “a” of paragraph 1 of part 2 of Article 22 of the Law, is obliged to present a passport and migration card (for foreigners with a visa, the visa is usually pasted into the passport [10]).

By virtue of Part 2 of Article 25.10 of Law No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation,” individuals and legal entities assisting a foreign person in illegal stay (residence) in the Russian Federation are liable in accordance with the legislation of the Russian Federation .

Thus, it is further necessary to establish that the guest is on the territory of the Russian Federation, observing the rules of stay established for foreign citizens.

Otherwise, if during an inspection by the migration control authorities it is established that the foreigner at the time of check-in was in Russia in violation of the established procedure, the provision of hotel services to him may entail the administrative liability of the hotel under Part 3 of Article 18.9 of the Code of Administrative Offenses of the Russian Federation.

1.1. Documents confirming the right to legal stay of foreigners in Russia are the following documents, valid at the time of check-in of the guest and during his stay at the hotel:

√ Passport/refugee ID/certificate of temporary asylum [11]. If the guest presents a refugee certificate/certificate of temporary asylum, check-in is possible for the entire period of validity of the document, regardless of the region where the document was issued;

√ Temporary residence permit (if available). If a temporary residence permit is issued in the form of a separate document, its owner is a stateless person and the specified document is recognized as identifying him [12]. Occupancy is possible for the entire period of validity of the temporary residence permit, regardless of the region where the document was issued;

√ Residence permit (if available). If a residence permit is issued in the form of a separate document, its owner is a stateless person and the specified document is recognized as identifying him [13]. Persons who have received a residence permit do not require a visa [14]. Occupancy is possible for the entire period of validity of the residence permit, regardless of the region where the document was issued;

√ Migration card (not issued to citizens of the Republic of Belarus and foreigners who have received a temporary residence permit or residence permit);

√ Visa (in accordance with some intergovernmental agreements, a visa is not required for citizens of Germany, Italy, Macedonia, Turkey who have received a temporary residence permit in the Russian Federation [15]).

In relation to visa foreigners, it is necessary to proceed from the provisions of paragraph 1 of Article 5 of the Federal Law on the Legal Status of Foreign Citizens in the Russian Federation, according to which the period of stay of a visa foreigner is determined by the validity of his visa.

Thus, foreigners with visas are legally in Russia for the duration of their visa. Accommodation is possible for the entire period of validity of the visa.

The risk group is foreign citizens who entered Russia on multiple-entry business and humanitarian visas (issued for 1 year), which are valid for 90 days out of every 180. Thus, the presence of such foreigners in our country for more than the established period (especially with multiple entry and exit ) is illegal and the check-in of such persons into a hotel is fraught with administrative liability. Therefore, when checking into a hotel for foreigners who entered Russia on multiple-entry business and humanitarian visas, it should be done only after checking the periods of their stay in Russia, guided by the algorithm:

For the first half of the year: visa start date + 180 days – t (where t is the total number of days of stay in Russia, which are calculated based on the entry and exit stamps in the foreigner’s passport). If a foreign citizen exceeds the established period of stay of 90 days during the first 180 days, he has no right to stay in Russia.

√ Patent and documents confirming payment of a fixed advance payment for personal income tax. Occupancy is possible for the entire period of validity of the patent, regardless of the region where it was issued.

A patent is required for requisition from citizens of Azerbaijan, Moldova, Ukraine, Uzbekistan, Tajikistan, non-citizens of Latvia and non-citizens of Estonia (stateless persons) if:

- they are in Russia for more than 90 days at the time of check-in at the hotel or if the period of their stay at the hotel exceeds a period of 90 days from the date of their entry into Russia

- they do not have a certificate of temporary asylum, a refugee certificate, a temporary residence permit or a residence permit in the Russian Federation.

Since the current legislation connects the issuance of a patent with the actual receipt of it by a foreigner [16], and this date can only be found out from the words of the foreigner himself (the services posted on the official website of the Main Directorate for Migration of the Ministry of Internal Affairs of Russia allow one to obtain information only about the issuance of the document as such, but not about its reality at a particular point in time), one has to be guided by one of two algorithms. The calculation is based on the date indicated in the patent as the date of issue and the date of payment of the fixed payment in the first receipt paid for the patent.

Since, based on the provisions of paragraph 6 of Article 13.3 of the Law, a migrant cannot obtain a patent in hand without presenting the first paid receipt, the date closest to the present (today) is taken as the starting point when calculating the validity period of the patent.

If the first date in chronology is the date specified in the patent, and the receipt is paid later, the validity period of the patent (and, accordingly, the procedure for paying subsequent receipts after the very first paid one) is calculated based on the algorithm - the date specified in the receipt plus the period for which the tax was paid according to the information in the payment document. For example, the date in the patent is indicated as 06/13/2018, and the date in the receipt is 06/18/2018. This means earlier than 06/18/2018. the migrant could not obtain a patent in hand (see above). Exactly from June 18, 2018. and the validity period of the patent should be calculated by adding the period of time (in months) for which payment was made. If payment is made on a monthly basis, the patent will be valid until July 18, 2018. inclusive.

Each subsequent payment must be made in accordance with Part 4 of Article 227.1 of the Tax Code of the Russian Federation no later than a day before the expiration of the patent, that is, according to the principle - plus a month minus a day. In the described case, each subsequent tax payment must be made no later than the 17th day of each subsequent month.

If the first chronological date is the date indicated in the receipt, then the date indicated in the patent as the date of issue is taken as the starting point. The algorithm is preserved. That is, if the very first receipt was paid on June 13, 2018, and the issue date indicated in the patent is June 18, 2018, we proceed from the fact that the migrant could not, having paid the tax in advance, receive a patent earlier than the date of its manufacture. Therefore, if the tax is paid on the basis of 1 month, the validity period of the patent will be until July 18, 2018.

Payment of the second and subsequent receipts in violation of the principle established by the Tax Code entails the recognition of the patent as invalid (since if the payment procedure is violated, the validity period of the patent is considered expired) and it is impossible for a migrant with such a patent to stay in Russia.

The check-in of such a foreigner into a hotel will entail administrative liability under Part 3 of Article 18.9 of the Code of Administrative Offenses of the Russian Federation.

√ Peculiarities of settlement of citizens of Armenia, Kazakhstan, and the Kyrgyz Republic.

Check-in is possible for a period not exceeding 90 days from the date of entry indicated on the migration card. An exception to the rule is the provision by the guest of documents confirming the possibility of staying beyond the established period. Such documents, in accordance with paragraph 5 of Article 97 of the Treaty on the Eurasian Economic Union, are recognized as a current employment or civil contract for the performance of work/provision of services.

√ Peculiarities of settlement of citizens of the Republic of Belarus.

Due to the lack of a migration card for citizens of the Republic of Belarus, check-in is possible for a period not exceeding 90 days from the date of entry indicated according to the guest. An exception to the rule is the provision by the guest of documents confirming the possibility of staying beyond the established period. Such documents, in accordance with paragraph 5 of Article 97 of the Treaty on the Eurasian Economic Union, are recognized as a current employment or civil contract for the performance of work/provision of services.

2. Determine the length of stay of a foreign citizen in the hotel.

When deciding on the timing of a guest’s check-in, in addition to his wishes, the provisions of paragraph 32 of the Rules for Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation, approved. By Government Decree of January 15, 2007. No. 9 (hereinafter referred to as the Rules for Migration Registration), according to which registration at the place of stay of a foreign citizen temporarily staying in the Russian Federation (who does not have a temporary residence permit or residence permit) is carried out for the period stated by the receiving party, but no more than for the period established by the Federal Law of July 25, 2002. No. 115-FZ “On the legal status of foreign citizens in the Russian Federation” (hereinafter referred to as the Law on the legal status of foreign citizens).

Registration of a foreign citizen permanently or temporarily residing in the Russian Federation (who has received a temporary residence permit or residence permit) is carried out for the period stated in the notification of arrival at the place of stay, but not more than for the period of validity of the residence permit or temporary residence permit. accommodation.

To resolve the issue of the timing of the guest’s check-in, his status in the Russian Federation is determined in terms of the legality of his stay on its territory.

The maximum possible length of stay of a foreign citizen in a hotel should be calculated from the above requirements for the validity period of documents confirming the legality of his stay in Russia (see above).

3. If the fact of the legality of a foreign citizen’s presence on the territory of Russia is established, the hotel administration makes a decision on the guest’s check-in.

Moreover, in accordance with Part 9 of Article 22 of the Law, the hotel administration must record information about the guest as a foreign citizen in its accounting documents [17]. Such an accounting document is, as a rule, the Register of Registration of Foreign Citizens in a Hotel (in Form 2-G, approved by Order of the Ministry of Finance of December 13, 1993 No. 121).

Failure to fulfill this obligation entails administrative liability under Part 4 of Article 18.9 of the Code of Administrative Offenses of the Russian Federation.

4. Filling out the arrival notification form. The arrival notification form is filled out by the hotel administration (as the receiving party). According to paragraph 27 of the Rules for Migration Registration, the arrival notification form must be filled out legibly by hand or using technical means in Russian. When filling out the form, corrections, use of abbreviations and abbreviations of words are not allowed.

Failure to comply with these requirements may result in administrative liability under Part 4 of Article 18.9 of the Code of Administrative Offenses of the Russian Federation.

On the reverse side of the detachable part of the notification form, a mark is placed on the receipt of the notification of arrival in the form approved by the Order of the Ministry of Sports and Tourism of the Russian Federation dated 04/02/2009. No. 144. In this case, the mark must contain information about the full name of the hotel, legal and actual addresses, full name. and the position of the responsible person who made the mark, as well as his signature and date.

Placing any other marks in the tear-off part of the notification form handed over to the guest is not required by law.

The detachable part of the notification form with a marked mark is handed over to the foreign citizen [18].

Thus, after checking into a hotel, a foreigner should have what is popularly called “registration” in his hands.

5. The procedure for submitting information about a foreign citizen-guest to the migration registration authorities.

As already written above, the Law does not oblige hotels to submit notifications specifically to the migration registration authority, that is, the territorial division of the Russian Ministry of Internal Affairs on migration issues at the district level. It can be submitted through the MFC or sent by post. In addition, it is possible to submit a notification through communication means included in the telecommunication network in the manner and under the conditions established by the Government of the Russian Federation [19].

At the same time, in practice, two methods of submitting a notification are used - directly to the migration registration authority (through a representative by proxy) and through electronic document management (for example, through the Internet service Kontur.FMS).

Moreover, if the notification of arrival is submitted directly, it is filled out in 2 copies (one of which is kept by the hotel administration for 1 year). It is not established by law which copy remains for storage - the one from which a detachable part was handed over to the foreign guest or another, filled out completely.

At the same time, it can be reasonably assumed that a whole copy is transferred to the migration registration authorities (in which the stamp of the “hotel” is affixed on the reverse side of the notification in the column “stamp of the organization (if any)”, and a copy is transferred for storage, the detachable part of which ( with a hotel mark placed in the column “Stamp confirming the completion by the host party and the foreign citizen of the actions necessary for his registration at the place of stay”) was handed over to the guest. At the same time, the migration registration authority, for its part, puts a note about receipt of a notification in the form approved by Appendix No. 5 to the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia dated November 23, 2017 No. 881 (hereinafter referred to as the Administrative Regulations) and returns the detachable part of the form to the hotel representative in accordance with paragraph 103 of the Administrative Regulations. of arrival with a mark from the migration registration authority will be required to remove a foreign citizen from registration at the place of stay. See below for more information.

If the notification of arrival is sent to the migration authority using Internet services, the form is filled out in one copy, a detachable part of which is given to the foreign citizen. The upper part of the form must also be kept by the hotel administration for 1 year.

Along with the notification of arrival, a copy of the foreign citizen’s passport and his migration card are submitted to the migration registration authority in accordance with paragraph 28 of the Rules for Migration Registration (submission of a migration card is not required for citizens of the Republic of Belarus and foreigners who have received a temporary residence permit or residence permit).

6. Deadlines for submitting notification of the arrival of a foreign citizen at the place of stay.

The law does not define the concept of “working day”. Likewise, the Tax Code [5] and the Civil Code [6] do not contain this definition. Oddly enough, a reference to labor legislation will also not dot the i’s in this matter.

The fact is that, in accordance with Part 2 of Article 111 of the Labor Code of the Russian Federation, the general day off is Sunday, but as for the second day off, it is provided for a five-day work week, but it will not necessarily be Saturday. So, considering the working week from Monday to Friday as working days, we rather act out of habit, guided by established stereotypes.

The only thing that can be unconditionally accepted is non-working holidays, which are established by Article 112 of the Labor Code of the Russian Federation. The Government has the right to transfer them [7]. Also, according to Part 7 of Article 4 of the Federal Law of September 26, 1997 N 125-FZ “On Freedom of Conscience and Religious Associations,” government bodies in the constituent entities of the Russian Federation have the right to declare religious holidays non-working (holiday) days in the relevant territories.

So, only Sundays and non-working holidays can be recognized as guaranteed non-working days.

In light of the above, it can be reasonably assumed that in this situation one should be guided by the regulatory legal acts of the authority in the field of migration, namely the Administrative Regulations of the Ministry of Internal Affairs of Russia for the provision of public services for the implementation of migration registration of foreign citizens, approved. Order of the Ministry of Internal Affairs of Russia dated November 23, 2017 No. 881 (hereinafter referred to as the Administrative Regulations), which, among other things, determines the timing and sequence of administrative procedures (actions) of divisions on migration issues of territorial bodies of the Ministry of Internal Affairs of the Russian Federation at the regional and district levels (including the number of units on migration issues of police departments (branches, points) within the territorial bodies of the Ministry of Internal Affairs of Russia at the district level) [8].

From the content of paragraphs 4 and 18 of the Administrative Regulations it follows that Saturday and Sunday are recognized as days off. The administrative regulations highlight the actual working days and the days on which applicants are received. In addition to working days, applicants are received every 1st and 3rd Saturday of the month (except for holidays); the Monday after each such Saturday is not a reception day (however, it remains a working day).

At the same time, paragraph 20 of the Administrative Regulations establishes that it is allowed to change the hours of reception of citizens by the head of the territorial body of the Ministry of Internal Affairs of Russia at the regional or district level. Thus, it seems logical and appropriate (but not based on the letter of the Law) to be guided by the schedule for the reception of legal entities, established separately in each migration registration authority [9].

The above corresponds to the norm of paragraph 1 of Article 194 of the Civil Code of the Russian Federation, according to which, if a deadline is set for the commission of any action, it can be performed until twenty-four hours of the last day of the deadline.

However, if this action must be performed in an organization, then the period expires at the hour when the corresponding operations in this organization, according to established rules, cease.

It turns out that, while having the right to submit notifications of arrival both to the migration registration authority itself and through the MFC or post office, the receiving party is forced to be guided by the working hours of the organization through which it submits the notification.

II. Notification of the departure of a foreign guest from the hotel.

Upon departure of a foreign citizen, information about this is also entered into the organization’s accounting documents (Registration Journal of Foreign Citizens at the Hotel), after which the hotel administration is obliged to notify the migration authority about this no later than 12 o’clock on the day following the day of departure of the guest. Moreover, both the Law and the Rules for Migration Registration and the Administrative Regulations are not talking about working days, but about calendar days. Thus, the question of submitting this information on weekends and holidays remains open, since postponing the submission of documents to the first working day after a non-working or holiday is allowed only upon notification of the guest’s arrival at the hotel.

Notification is made by transferring the detachable part of the notice of departure [20] to the migration registration authority. At the same time, the legislation does not provide for the transfer by a foreign citizen of the detachable part of the notification form to the receiving party upon his departure from a hotel or other place of stay. This state of affairs raises the question of the need to prepare a second copy of the detachable part of the notification form for subsequent transmission to the migration registration authorities (see above). It is allowed to transfer information about the departure of foreign citizens from the hotel by using Internet services (in this case, providing a detachable part of the notification form not required).

The legislation is silent on the possibility of providing information on the departure of foreign citizens from hotels through the MFC or by post.

The algorithm of actions when checking in foreign guests in hotels can be presented as follows:

⓪ Develop a job description and familiarize the hotel administrators on duty with it;

❶ Have at the reception desk samples of filling out the notice of arrival of foreign citizens at the place of stay (for visa and visa-free countries in relation to the legal status of various categories of foreign citizens);

❷ Upon arrival of a foreign guest, request documents confirming the legality of his stay on the territory of the Russian Federation in relation to the legal status of the guest;

❸ Take a copy of the passport and migration card (visa if available), as well as documents confirming the legality of the foreign citizen’s presence on the territory of the Russian Federation;

❹ Check that the notification is filled out correctly and the information provided is correct;

❺ Put a mark of the established form in the tear-off part of the form (approved by Order of the Ministry of Sports and Tourism dated April 2, 2009 No. 144), the seal of the organization, the signature of the responsible official;

❻ Hand over the detachable part of the arrival notification form to the guest (place the notification in the file cabinet);

❼ Make an entry in the Register of Foreign Citizens at the Hotel (according to Form 2-G, approved by Order of the Ministry of Finance of December 13, 1993 No. 121);

❽ Send a notification (information about the guest) to the migration authority in one of the ways established by law in compliance with the deadline established by law;

❾ Documents (or their certified copies) confirming the sending of the notification (information) should be attached to the notification placed in the file cabinet

Some nuances of migration registration of foreign citizens in hotels:

√ Hotel administrations do not have the right to independently extend the guest’s stay (“registration”) for which he was booked.

The decision to extend the period of stay in accordance with paragraph 4 of Article 5 of the Federal Law of July 25, 2002. No. 115-FZ “On the legal status of foreign citizens in the Russian Federation” is adopted by the authority in the field of migration. Thus, if the guest intends to stay at the hotel for more than the period stated upon check-in, the hotel administration is obliged to contact the migration registration authority in the manner established by paragraph 42 of the Rules for Migration Registration, submitting a new completed notice of arrival indicating the new period stay, an application for extension of stay and copies of documents confirming the possibility of such an extension. This is necessary even if the guest was checked in for a week, and the period of his legal stay in Russia upon check-in was determined to be a year or more.

√ If foreign citizens work at the hotel as service personnel and the hotel provides them with housing for accommodation, registration is not carried out according to the principle “hotel” = “employer” → 7 working days from the date of check-in. In this case, since the organization providing premises for accommodation is a hotel or provides hotel services, it is necessary to be guided by the terms for registration at the place of stay and deregistration of foreign citizens established specifically for hotels, that is, 1 business day from the date of check-in upon notification on arrival and 12 noon on the day following the day of departure, upon departure of a foreigner from the hotel.

For additional information on this topic, see judicial practice:

Resolution of the Arbitration Court of the Central District dated April 1, 2016 No. F10-439/2016 in case No. A83-1943/2015;

Resolution of the Fifteenth Arbitration Court of Appeal dated April 11, 2016 No. 15AP-4335/2016 in case No. A32-10879/2015;

Resolution of the Twenty-first Arbitration Court of Appeal dated April 15, 2016 No. 21AP-104/2016 in case No. A83-4831/2015;

Resolution of the Twenty-first Arbitration Court of Appeal dated January 21, 2016 No. 21AP-1998/2015 in case No. A83-1958/2015;

Resolution of the Arbitration Court of the Far Eastern District dated December 9, 2015 No. F03-5469/2015 in case No. A16-536/2015;

Resolution of the Seventh Arbitration Court of Appeal dated October 23, 2015 No. 07AP-9538/2015 in case No. A03-12039/2015;

Resolution of the Arbitration Court of the Volga District dated October 2, 2015 No. F06-446/2015 in case No. A12-5214/2015;

Resolution of the Fourteenth Arbitration Court of Appeal dated February 24, 2014 in case No. A05-10858/2013.

[1] Clause 2 of Part 1 of Article 21 of the Law

[2] Subparagraph “a” of paragraph 2 of part 2 of article 20 of the Law

[3] Subclause “b” of clause 1 of part 2 of article 20 of the Law

The procedure for registering foreign citizens with migration registration is regulated by Article 22 of the Law.

[4] Part 10 of Article 20 of the Law

[5] In accordance with the provisions of paragraphs 6 and 7 of Article 6.1 of the Tax Code of the Russian Federation, a working day is considered a day that is not recognized in accordance with the legislation of the Russian Federation as a weekend and (or) a non-working holiday.

In cases where the last day of the period falls on a day recognized in accordance with the legislation of the Russian Federation as a weekend and (or) a non-working holiday, the end of the period is considered to be the next working day following it. In this case, it is impossible to be guided by the Tax Code of the Russian Federation since it regulates the legislation on taxes and fees, and not the migration registration of foreign citizens.

[6] The procedure for calculating deadlines is established by Chapter 11 of the Civil Code of the Russian Federation

[7] Decree of the Government of the Russian Federation dated October 14, 2017 No. 1250 “On the postponement of holidays in 2021”

[8] Clause 1 of the Administrative Regulations

[9] See, for example, the Decision of the Arbitration Court of the Krasnoyarsk Territory dated May 7, 2015 in Case No. A33-26710/2014 (describes a situation where the hotel won the case in court, proving that on Saturday the migration registration authority did not accept legal entities , only individuals were accepted, so the hotel was not physically able to provide an arrival notice for a foreigner who checked in on Friday).

[10] in accordance with paragraph 9 of paragraph 1 of Article 2 of the Federal Law of July 25, 2002. No. 115-FZ “On the legal status of foreign citizens in the Russian Federation” a foreign citizen legally staying in the Russian Federation is a person who has a valid residence permit, or a temporary residence permit, or a visa and (or) migration card, or others provided for by federal law or an international treaty of the Russian Federation, documents confirming the right of a foreign citizen to stay (reside) in the Russian Federation. For foreigners who arrived in Russia on the basis of a visa, a document confirming the legality of their stay in Russia in accordance with Article 25.1 of the Federal Law of August 15, 1996 No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation.”

[11] In accordance with paragraph 7 of Article 7 of the Federal Law of February 19, 1993. No. 4528-1 “On refugees” and paragraph 9 of the Procedure for granting temporary asylum on the territory of the Russian Federation, approved. By Government Decree of 04/09/2001. No. 274, a refugee certificate and a certificate of temporary asylum are recognized as documents certifying the identity of their owner.

[12] Paragraph 7 of paragraph 1 of Article 2 of the Federal Law of July 25, 2002. No. 115-FZ “On the legal status of foreign citizens in the Russian Federation”

[13] Paragraph 8 of paragraph 1 of Article 2 of the Federal Law of July 25, 2002. No. 115-FZ “On the legal status of foreign citizens in the Russian Federation”

[14] Article 24 of the Federal Law of August 15, 1996. No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation”

[15] Clause 2 of Article 15 of the Agreement between the Government of the Russian Federation and the Government of the Federal Republic of Germany on facilitating mutual travel of citizens, clause 2 of Article 5 of the Agreement between the Government of the Russian Federation and the Government of the Italian Republic on simplification of the issuance of visas to citizens of the Russian Federation and citizens of the Italian Republic, Article 8 of the Agreement between the Government of the Russian Federation and the Government of the Republic of Macedonia on the conditions of mutual travel of citizens of the Russian Federation and citizens of the Republic of Macedonia, Article 6 of the Agreement between the Government of the Russian Federation and the Government of the Turkish Republic on the conditions of mutual travel of citizens of the Russian Federation and the Turkish Republic

[16] The text of the Law does not directly say this, but it follows from the totality of the provisions of paragraphs 5 and 6 of Article 13.3 of the Law, paragraphs 92 and 93 of the Administrative Regulations, approved. By order of the Ministry of Internal Affairs of Russia dated October 20, 2017. No. 800, paragraph 4 of Article 227.1 of the Tax Code of the Russian Federation, which link the issuance of a patent with the actual receipt of it by a foreigner.

[17] Clause 43 of the Rules for Migration Registration, approved. Decree of the Government of Russia dated January 15, 2007.

[18] Paragraphs 31, 33 of the Rules for the implementation of migration registration of foreign citizens and stateless persons in the Russian Federation, approved. By Government Decree of January 15, 2007. No. 9.

[19] For more details, see Decree of the Government of the Russian Federation dated May 10, 2010 No. 310 “On approval of the Rules for transmitting information about the arrival at the place of stay and departure from the place of stay of foreign citizens and stateless persons using communication means included in the telecommunication network.”

[20] Clause 45 of the Rules for Migration Registration, clause 46 of the Administrative Regulations.

Migration registration

Notification of arrival of a foreign citizen - sample form

Sample form for notification of arrival of a foreign citizen:

View a sample form for notification of the arrival of a foreign citizen in

Form for notification of arrival of a foreign citizen

Migration card and temporary registration

When entering Russia at the border, every foreign citizen must receive a migration card, which is the basis for obtaining temporary registration of foreigners. The validity period of the received migration card is 7 days from the moment it is received at the border. It is during this period that a foreign citizen must register for migration

with the authorities of the Ministry of Internal Affairs (formerly the Federal Migration Service of Russia) and obtain temporary registration at the place of stay.

But arriving foreign citizens are not always able to quickly find their way around a new city and independently take care of all the necessary migration documents within seven days, which in turn causes problems with the legality of staying in the country.

The help of qualified specialists who provide assistance in registering for migration and obtaining registration will help to avoid such problems. One of the leading companies dealing with these issues in St. Petersburg is. The company's highly qualified professionals have extensive experience in registering citizens of Belarus, Ukraine, Kazakhstan and other CIS countries for migration registration and obtaining temporary registration for foreigners in the shortest possible time.

Contact us if you need temporary registration of foreign citizens in St. Petersburg or are interested in migration registration of citizens of Belarus, Kazakhstan, Ukraine

(migration registration of CIS citizens), or if you want to undergo a medical examination for work and obtain a medical certificate. We also provide assistance in finding work at the labor exchange for foreigners.

What is the maximum period of legal stay of a foreign citizen in the Russian Federation without a visa?

The maximum period of stay of a foreign citizen who does not require a visa in the Russian Federation is 1 year from the date of entry. But this requires additional permitting documents.

A foreign citizen who arrived in Russia in a manner that does not require a visa has the right to stay on the territory of the Russian Federation for no more than 90 days when registering for migration. After this period, the foreign citizen must leave the Russian Federation. When applying for a labor patent, the temporary stay period is 1 year.

How can a citizen of Belarus obtain migration registration?

The registration of citizens of Belarus for migration registration occurs according to the standard procedure for all foreigners of notifying the Federal Migration Service of the arrival of a foreign citizen on the territory of the Russian Federation. The Receiving Party must notify the Ministry of Internal Affairs (formerly the Federal Migration Service of Russia) about the arrival of a foreigner.

However, in the processes of registering for migration in the Russian Federation citizens of Belarus and foreign citizens from other countries, there is a difference in terms and in the documents that are necessary to renew migration registration:

1. For citizens of Belarus, a period of 30 days has been established from the date of crossing the border for notifying the Ministry of Internal Affairs (formerly the Federal Migration Service of Russia) of arrival; foreign citizens from other countries have a period of 7 working days.

2. Required documents:

Notification of arrival (original in 2 copies);
Passport or identity document of the Receiving Party (original);
Passport of a citizen of Belarus (original).

The list of documents does not include a migration card, since according to the agreement between Russia and Belarus, migration registration is not maintained at the border between our countries.

How is migration registration of Moldovan citizens carried out?

Migration registration of Moldovan citizens is carried out in the general manner - within 7 working days after crossing the border. The receiving party must send a notification of their arrival to the Ministry of Internal Affairs (formerly the Federal Migration Service of Russia). It should be borne in mind that the total period of stay of foreign citizens in Russia every six months should not exceed 3 months in total (the “90 out of 180” rule). This means that if a foreign citizen comes to Russia for the second time within 6 months and stayed for 2 months during the previous visit, then the new migration registration of a citizen of Moldova should not exceed 1 month. Exceptions to this rule: foreign citizens who have issued a labor patent, temporary residence permit or residence permit.

How much does it cost to renew registration in St. Petersburg?

Renewal of registration in St. Petersburg can cost differently. We provide this service to our clients for 2200 rubles. (for renewal by checks for a patent) and for 4200 (for renewal for a year). Renewing your migration registration with the help of our company means being absolutely sure that information about the renewal is definitely in the Ministry of Internal Affairs database!

Through which structures can you apply for an extension of migration registration?

You can renew your registration either through the MFC or through the Ministry of Internal Affairs. This cannot be done via mail. We recommend that foreigners do not renew their registration through the MFC, but contact the Ministry of Internal Affairs directly.

The fact is that the data received at the MFC may be transferred to the Ministry of Internal Affairs too late, and if a foreigner applies for any permits, then the Ministry of Internal Affairs officers will consider that this migrant’s registration has not been renewed at all and will refuse to issue him documents . In addition, in this case, both the foreigner himself and his host risk facing a fine.

Is it possible to extend registration for a year?

Yes, most often those who work with a work permit, as well as those who arrived from the EAEU countries, extend their registration either for the duration of the permit (i.e. for 1 year) or for the duration of the employment contract, but no more than for 1 year (for the EAEU).

Foreigners with a patent can also renew their registration for a year if they make 12 months' advance payments immediately.

For how long will migration registration be extended if a foreigner has a patent?

In this case, the registration is extended by the receiving party of the foreigner for the period for which the migrant extended his patent, i.e. How many months in advance did he make advance payments on the patent?

For example, if a foreigner has extended a patent for 4 months, then the receiving party must extend his registration for exactly 4 months, providing receipts as confirmation that the patent has been extended.

Who is responsible for renewing the migration registration of a foreign citizen?

The renewal of registration is handled by the receiving party of the migrant. In different situations, it can be either an individual or a legal entity. If you are a citizen of a visa country or a citizen of the EAEU countries, your employer must renew your registration. If you work under a patent, then the person at whose address the previous migration registration was issued must renew the registration, i.e. either your employer or the person with whom you live.

Who is the host party of a visa-free foreigner VKS?

Despite the fact that both an individual and a legal entity have the right to register a visa-free migrant with migration registration, in this particular case only his employer can act as the receiving party of the foreigner. Since it is the employer who makes the decision to employ a migrant, the HQS is responsible for issuing a special work permit for him.

Who registers a foreigner with a visa in Russia?

Migration registration is always carried out by the receiving party. If a foreigner is invited to Russia on a private visit by friends, then it is they who must register. If a visa migrant came to Russia for work, then his employer is his host.

Is it true that during the 2021 World Cup you need to register for migration one day in advance?

Initially this was indeed the case. But later, the President issued a new decree, thanks to which foreigners arriving in the Russian Federation during this event are required to register for migration 3 days in advance.

Sample arrival notice

A sample arrival notice looks like this:

Where to send notification of the arrival of a foreign citizen?

Notification of the arrival of a foreign citizen must be sent to the Federal Migration Service (from 2021 Ministry of Internal Affairs).

How to send notification of the arrival of a foreign citizen?

You can send a notification of the arrival of a foreign citizen:

By post;
Go to the Ministry of Internal Affairs (formerly the Federal Migration Service) on your own;
Use the services of our company.

Is there migration registration for Belarusians?

Yes, Belarusians are required to register for migration within 30 days from the date of entry into the Russian Federation.

How is temporary registration done for a foreigner?

Temporary registration for a foreigner is issued by the receiving party. The receiving party submits to the Ministry of Internal Affairs a form for notification of the arrival of a foreign citizen with the necessary document package.

Why does a foreign citizen need temporary registration?

Temporary registration allows a foreigner to legally stay on the territory of the Russian Federation, as well as obtain a labor patent or temporary residence permit.

How is a foreign citizen notified?

Notification of a foreign citizen's arrival occurs as follows: the receiving party (legal entity/individual) submits a notification form with the necessary package of documents to the Ministry of Internal Affairs (formerly the Federal Migration Service). A foreign citizen cannot act as a host for himself.

What is the state fee for migration registration?

state fee for registration of migration registration . But when sending a Notification by mail, post office employees charge a fee for the service of receiving notifications. The cost of the service is 118 rubles. including VAT 18%.

Who is responsible for violation of migration registration?

responsible for violation of migration registration . (clause 4 of article 18.9 of the Code of Administrative Offenses of the Russian Federation). However, in case of untimely registration, a foreign citizen is liable for violating the regime of stay. (Article 18.8 of the Code of Administrative Offenses of the Russian Federation).

How is migration registration carried out for citizens of Belarus?

Migration registration for Belarusians is carried out in the usual manner, with the exception that they are given 30 days to register for migration and they are not required to provide a migration card (Agreement between the Russian Federation, Belarus and Kazakhstan). If they have an employment contract, they can immediately obtain annual migration registration.

What are the rules for migration registration?

All rules for conducting migration registration are prescribed in Federal Law No. 109 “On migration registration of foreign citizens and stateless persons in the Russian Federation.”

The basic rule of migration registration is the timely registration of a foreign citizen by the Receiving Party. In general, for visa-free foreign citizens, the period for registration with migration authorities is 7 working days.

The receiving party fills out the Notification of the arrival of a foreign citizen and sends it to the FMS directly or via mail (in this case, 2 copies of the Notification are filled out). You can download the notification form here.

The detachable part of the Notification with the mark of the post office or the Ministry of Internal Affairs (formerly FMS) is immediately given to the Receiving Party. This detachable part is confirmation of the foreign citizen’s registration and is given to him by the Receiving Party. A sample of the detachable part of the notice can be viewed here.

Initially, migration registration is issued for 90 days from the date of entry. If a foreigner leaves the country before the expiration of this period and enters back after some time, then migration registration is issued for the remaining number of days, which each foreign citizen must count independently. This is due to the fact that, according to the law, a foreign citizen who arrived on a visa-free basis can stay in Russia for only 90 days out of 180.

The condition for extending this period is the timely registration of a labor patent or temporary residence permit (TRP).

Fines for violation of migration registration

Fines for violation of migration registration are established by Article 18.9 of the Code of Administrative Offenses of the Russian Federation for the Host Party and Article 18.8 of the same code for foreign citizens for violating the regime of stay in the Russian Federation.

Amounts of fines for violation of migration registration:

For an official of an organization - from 40 thousand to 50 thousand rubles.
For the organization itself or an individual entrepreneur - from 400 thousand to 500 thousand rubles.
For a citizen of the Russian Federation – from 2 thousand to 4 thousand rubles.
For a foreign citizen:

In the regions: from 2 thousand to 5 thousand rubles. with or without expulsion and, accordingly, a ban on entry into the Russian Federation.
In St. Petersburg, Leningrad Region, Moscow and Moscow Region: from 5 thousand to 7 thousand rubles. with deportation and a ban on entry into the Russian Federation.

What does a violation of migration registration entail?

Since the Receiving Party bears responsibility for migration registration, responsibility for violation of migration registration is established specifically for it (clause 4 of Article 18.9 of the Code of Administrative Offenses of the Russian Federation):

For an employee of an organization - 40 thousand - 50 thousand rubles;
For an organization/individual entrepreneur – 400 thousand – 500 thousand rubles.
For a citizen – 2000-4000 rubles.

For a foreign citizen, liability for violation of migration registration has not been established .
However, if, within the period established by law and international treaties, a foreign citizen is not registered with migration authorities, he is responsible for violating the regime of stay in the country or for evading leaving the Russian Federation after the expiration of the permitted period of stay (late departure), because it is registration on Migration registration extends the period of permitted stay to 90 days.

Liability is established in the following amount (Article 18.8 of the Code of Administrative Offenses of the Russian Federation):

In the regions: 2000-5000 rubles. with or without expulsion.
In St. Petersburg, Leningrad Region, Moscow and Moscow Region: 5000-7000 rubles. with expulsion.

New rules for migration registration

The new rules for migration registration oblige foreigners to register for migration only at the address of their actual residence. Thus, employers have the right to register a foreigner at the address of a legal entity if they provide him with a place to live and relax on the company’s territory.

Don’t forget that in 2014 the “90 out of 180 rule” came into effect. It consists in the fact that a foreign citizen who arrived on a visa-free basis is allowed to stay on the territory of Russia for 90 days within every 6 months (180 days). This does not mean that he arrived and must stay for 90 days immediately. You can come a week after a week, for example. The main thing is that for six months you do not stay in Russia for more than 90 days in total.

A foreign citizen is allowed to stay for more than 90 days if he has managed to obtain a temporary residence permit or a labor patent.

How does migration registration work in the Russian Federation?

Migration registration in the Russian Federation is of a notification nature. The migration registration of a foreigner is carried out by the Host Party, which can be a citizen of the Russian Federation, legal entities and foreign citizens with a residence permit in the Russian Federation.

Federal migration registration occurs in the following order:

A foreign citizen arrives in the Russian Federation.
The receiving party makes copies of his documents and fills out a notice of arrival of a foreign citizen, which he then sends to the Federal Migration Service through the post office or directly within 7 working days (in general order).
The receiving party returns the detached part of the notification to the foreign citizen - this is his confirmation that he has registered for migration.

That is, if a foreigner stays at a hotel or sanatorium, then the hotel staff will register him for migration, etc. If he comes to work for a certain organization, then this company can register him for migration.

What is federal migration registration?

The definition of migration registration in the Russian Federation is prescribed in Federal Law No. 109 of July 18, 2006.

This definition suggests that federal migration registration is a government activity for recording and summarizing information about foreign citizens and stateless persons who arrived in Russia and about their movements within the country.

What is the procedure for migration registration of foreign citizens?

The procedure for migration registration of foreign citizens is as follows: after arriving in Russia, a visa-free foreign citizen transfers copies of documents (passport and migration card) to the receiving party - the owner of the apartment in which he intends to live, the organization in which he plans to work. The receiving party must send a completed notification form about the arrival of a foreign citizen to the Federal Migration Service (directly or through the post office) within 7 working days. For citizens of Belarus, Armenia and Kazakhstan, this period is 30 days, for citizens of Tajikistan - 15 days.

What is a postal notification from the Ministry of Internal Affairs (formerly the Federal Migration Service of Russia) confirming the residence of a foreign citizen?

A postal notification confirming the residence of a foreign citizen is sent to the Ministry of Internal Affairs (formerly the Federal Migration Service of Russia):

A foreign citizen (stateless person) who permanently resides in Russia on the basis of a residence permit;
Legal representative for a minor foreign citizen.

The notification form for confirmation of residence must be filled out in 1 copy. When sending, you must present the sender's passport and residence permit to the operator.

For receiving notifications at the post office, a fee is charged according to the current tariffs of the department. This confirmation of residence notice is sent as registered mail with declared value with a description of the contents.

As a result, the package of documents that the sender will receive by mail includes:

Sending recept;
Inventory of attachment (1 copy);
The detachable part of the notification (it must contain a calendar stamp and the signature of the operator who accepted the notification).

What is a foreign citizen notification form?

Foreign citizen notification form - this is the name of the notification form about the arrival of a foreign citizen for migration registration, which is sent to the Ministry of Internal Affairs (formerly FMS) within 7 working days after the foreigner’s arrival at the place of stay.

Also, many people call this notification temporary registration, because it gives the right to stay on the territory of the Russian Federation for 90 days from the date of entry.

A sample notification form for a foreign citizen can be viewed here.

What is a foreign citizen registration form?

A foreign citizen registration form is a notification of migration registration.

The Receiving Party must notify, i.e. the foreigner himself cannot do this (except for cases provided for by law, when he does this, acting as a representative of the Receiving Party with its consent);
The notification period is 7 working days (for citizens of Kazakhstan, Belarus, Armenia - 30 days, Tajikistan - 15 days).
The receiving party fills out a form for notification of the foreign citizen’s arrival at the place of stay based on the foreigner’s passport and migration card.
Submit this form and a copy of the passport, migration card to the territorial body of the Ministry of Internal Affairs (formerly FMS) directly or via mail.
Receives a tear-off part of the notification with acceptance marks from the Ministry of Internal Affairs or the post office.

This detached part of the notification is the very “temporary registration of a foreign citizen”, confirming that he is registered with the migration authorities and is in the country legally.

After registration for migration, the foreigner’s stay in Russia should not exceed the validity period of his visa. In case of entry in a manner that does not require a visa, the period of stay is no more than 90 days.

IMPORTANT : this time will be calculated from the moment of ENTRY into the country, and not from the date of registration for migration!

Advice : we advise you to make photocopies of these documents in advance, because in case of loss or other unforeseen situation, they will help prove that you have documents and that you comply with the rules of migration registration.

What could be the reasons for refusal to register for migration?

A foreign citizen may be denied migration registration in the Russian Federation for the following reasons:

1. A foreign citizen has a fake migration card;

The data of all migration cards issued at the Russian border are entered into the database of the Federal Migration Service, through which employees of the Ministry of Internal Affairs (formerly FMS) subsequently verify their authenticity.

2. An incomplete package of documents for notification, or an incorrectly completed form.

How to extend migration registration without leaving the Russian Federation?

A foreign citizen can renew his migration registration without traveling abroad if he enters into an employment contract with an organization and receives an official labor patent.

Migration registration is extended for the duration of the patent, but not more than 1 year. After a year, the foreign citizen will in any case have to go to the border and receive a new migration card, and then re-obtain a patent.

Migration registration is also extended without traveling abroad when a foreign citizen receives a temporary residence permit.

What document is the basis for the temporary stay of foreigners in the Russian Federation without a visa?

The list of documents that are the basis for the temporary stay of a foreigner who arrived without a visa will depend on how long he plans to stay in Russia:

In the first 7 working days: for a foreigner, such a document will be a legally obtained and correctly filled out migration card.

For a period of up to 90 days: for a foreigner, such a document will be a migration card, as well as timely completed migration registration.

For a period of up to 1 year: such documents will be a labor patent and tax receipts paid for it, a note on the issue of a temporary residence permit in a passport or a residence permit.

What documents does a foreign citizen need to present to the receiving party?

Upon arrival at the destination, the foreigner must present his migration card and passport to the Receiving Party. It is important for a foreign citizen to know that the receiving party does not have the right to confiscate a passport and migration card.

What must a foreigner provide to the receiving party when leaving Russia?

When leaving the territory of the Russian Federation, a foreign citizen should not give anything to the Receiving Party, and the Receiving Party, in turn, should not do anything to notify the Ministry of Internal Affairs (formerly FMS) about the departure of the foreign citizen.

Removal from migration registration is carried out by the Ministry of Internal Affairs (formerly the Federal Migration Service) after receiving:

notifications about the registration of this foreign citizen at a new place of stay;
data from border control about his departure from the Russian Federation.

Can a foreigner independently notify the Ministry of Internal Affairs (formerly the Federal Migration Service of Russia) of his arrival?

A foreigner can personally inform the migration registration authorities about his stay in the Russian Federation if he has documented reasons from the Host Party why it cannot independently send a notification to the Ministry of Internal Affairs (formerly the Federal Migration Service of Russia). Possible reasons could be: illness, physical impossibility, etc.

How is migration registration carried out?

Migration registration of foreign citizens is carried out through Russian Post at post offices. The receiving party fills out a special Form for Notification of the arrival of a foreign citizen at the place of stay (Notification Form) and attaches to it a copy of his passport as a citizen of the Russian Federation, as well as a copy of the foreign citizen’s passport (1st page and page with border crossing marks) and a copy received migration card. Next, an inventory of the letter is carried out and payment for postal services for sending it to the Ministry of Internal Affairs is carried out.

The deadline for completing migration registration is 1 day.

The cost of registration for migration starts from 1000 rubles.

As a result, the migrant receives:

Tear-off notification form with a mark indicating migration registration. This document is issued for a period of no more than 90 days from the moment the foreign citizen crosses the border of the Russian Federation;
Receipt for payment of postal services;
Inventory with stamp of postal services.

Documents for registration

To register a German citizen in Russia at the place of residence, you will need a small package of documents:

ID card (foreign passport);
residence permit or temporary residence permit;
a document confirming the right to use housing, for example, a lease agreement.

To register at the place of temporary residence, you need to submit a similar package of documents: an identity card and a migration card. You need to contact them at the Ministry of Internal Affairs department at your place of residence or a multifunctional center. You can track the status of your application through the official website of the Ministry of Internal Affairs.