Immigration legislation amendments

23.08.2013

Legal Update No. 430, 23 August 2013

Goltsblat BLP advises that immigration legislation amendments have come into force in August 2013. These amendments were introduced by Federal Law No. 224-FZ dated 23 July 2013 and by Federal Law No. 207-FZ dated 23 July 2013 and concern strengthening liability for violating the immigration legislation, entering the territory of Russia, issuing permit for temporarily and permanent residence.

IN THE ISSUE

I. AMENDMENTS TO THE CODE OF ADMINISTRATIVE OFFENCES OF THE RUSSIAN FEDERATION

II. AMENDMENTS TO FEDERAL LAW NO. 114-FZ “ON THE PROCEDURE FOR DEPARTURE FROM AND ENTRY INTO THE RUSSIAN FEDERATION”

III. AMENDMENTS TO FEDERAL LAW NO. 115-FZ “ON THE LEGAL STATUS OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION

IV. AMENDMENTS TO THE URBAN DEVELOPMENT CODE OF THE RUSSIAN FEDERATION

AMENDMENTS TO THE CODE OF ADMINISTRATIVE OFFENCES OF THE RUSSIAN FEDERATION

1. Liability has been added for failure to notify the competent authorities on employment of foreign citizens in the prescribed procedure and (or) format. Previously, liability was imposed only for failing to notify the competent authorities, whereas untimely notification was not considered an offence. Since 9 August 2013, it is also an administrative offence to violate the notification procedure and (or) format. In other words, an employer may now also be subject to administrative liability for not submitting the notification in a timely fashion.

2. Article 18.15 is supplemented by part 5, making employers liable for failing to notify the competent authorities of employment of highly qualified specialists (hereafter "HQS") or to do so in the prescribed procedure and (or) format.

3. Article 18.8 is supplemented by a new part establishing liability combined with mandatory expulsion from the Russian Federation for foreign citizens and stateless persons who commit specified offences.

4. Federal Law No. 207-FZ sets special, enhanced liability for the specified offences if committed in Moscow, St Petersburg, the Moscow Region or the Leningrad Region.

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AMENDMENTS TO FEDERAL LAW NO. 114-FZ “ON THE PROCEDURE FOR DEPARTURE FROM AND ENTRY INTO THE RUSSIAN FEDERATION”

1. The aim of the amendments is to clarify the grounds on which entry by foreign citizens and stateless persons into the Russian Federation is forbidden or may be refused.

2. Entry may be refused if the foreign citizen was held administratively liable in the Russian Federation repeatedly (twice or more) during the previous three years. The given three-year period runs from the date when the last act on administrative liability came into force.

3. The amendments also establish the grounds on which entry by foreign citizens and stateless persons into the Russian Federation is forbidden.

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AMENDMENTS TO FEDERAL LAW NO. 115-FZ “ON THE LEGAL STATUS OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION

Federal Law No. 224-FZ broadens and clarifies the list of grounds on which foreign citizens may be denied a permits to temporarily or permanent residence or previously issued permits cancelled.

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AMENDMENTS TO THE URBAN DEVELOPMENT CODE OF THE RUSSIAN FEDERATION

Federal Law No. 207-FZ amends Article 55.7 of the Urban Development Code, which is important for construction companies: the law sets additional grounds for terminating membership in a self-regulatory organisation (hereinafter – SRO). For instance, if a company is prosecuted repeatedly, in the course of a year, for violating the immigration legislation, this constitutes independent ground for terminating its membership of an SRO.

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Goltsblat BLP will continue to monitor news of the immigration legislation and will inform you about the most important amendments.

If you have any questions or require additional information, please contact Nadezhda Ilyushina, Head of Employment Pensions & Benefits Practice, Goltsblat BLP, by tel.: +7 495 287 44 44, or e-mail: Nadezhda.Ilyushina@gblplaw.com.

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