Migration registration of foreign citizens in the Russian Federation
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 MIGRATION REGISTRATION OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION

Migration registration of foreign citizens in the Russian Federation


Since January 2007 the Federal Law of 18 July 2006 No. 109-FZ “On migration registration of foreign nationals and stateless persons in the Russian Federation” and the Decree of the Government of the Russian Federation of 15 January 2007 No. 9 “On the procedure of migration registration of foreign nationals and stateless persons in the Russian Federation” have repealed the registration of foreign nationals and stateless persons at the place of their stay and introduced the migration registration of foreign nationals at the place of their stay in the Russian Federation.

Unless otherwise provided by a federal constitutional law or a federal law, migration registration is intended as simple notification.
Authorisation-based registration according to the place of residence and registration at the place of stay is valid or can be introduced:
1) in the near-border area;
2) in restricted administrative units;
3) in closed military garrisons;
4) in the territories, in the organisations or on the sites the entry to which by foreign nationals according to a federal law requires a special permit;
5) in the territory, where a state of emergency or martial law has been introduced by a decree of the President of the Russian Federation;
6) in the areas of an environmental disaster;
7) in the individual territories and populated areas, where special conditions and regimes of living of the population and economic operations has been introduced because of the danger of proliferation of infectious and mass non-infectious diseases and poisoning among the population;
8) in the area of a counter-terrorism operation;
9) in the period of mobilisation and during wartime;
10) in other cases set by federal laws.
The migration registration includes registration according to the place of residence and registration at the place of stay.
The procedure and deadlines, as well as the list of documents required for migration registration are set by the Administrative rules of provision of an official service for migration registration in the Russian Federation by the Federal Migration Service by approved by the decree of the Russian FMS of 29 August 2013 No. 364.

Registration of foreign nationals at the place of their stay


Persons subject to registration at the place of stay:
1) a foreign national constantly resident in the Russian Federation – after seven working days from his/her arrival at the place of stay, except, when that foreign national:
a) has no place of residence;
b) is in a hotel or in some other organisation providing hotel services, in a spa resort, health resort, recreation centre, camping, travel camp, children’s holiday camp, medical organisation providing medical aid in hospital conditions or a social service organisation;
c) is working on a rotational basis;
d) is in a special organisation for social rehabilitation of persons of no fixed abode;
e) in an organisation enforcing his/her administrative punishment;
2) a foreign national temporarily resident or temporarily staying in the Russian Federation – after seven working days from his/her arrival at the place of stay, except, when that foreign national:
a) is in a hotel or in some other organisation providing hotel services, in a spa resort, health resort, recreation centre, camping, travel camp, children’s holiday camp, medical organisation providing medical aid in hospital conditions or a social service organisation;
b) is in a special organisation for social rehabilitation of persons of no fixed abode;
c) in an organisation enforcing his/her administrative punishment.
Reasons for and the procedure of de-registration of foreign nationals from the place of their stay:
A foreign national is de-registered from his/her place of stay if:
1) the foreign national is registered according to a new place of stay – having received data about registration of this foreign national in a new place of stay according to the established procedure;
2) the foreign national leaves the Russian Federation – having received data that this foreign national has left the Russian Federation from a border control authority in an established checkpoint on the State border of the Russian Federation;
3) the foreign national dies in the Russian Federation or a court decision enters into force which recognises the foreign national who was in the Russian Federation to be missing or dead – having received a document confirming death of that foreign national from civil registry authorities or an interested natural or legal person, or having received a copy of a valid court decision which recognises the foreign national who was in the Russian Federation to be missing or dead and is certified according to the established procedure from an interested natural or legal person;
4) according to the procedure defined by a federal executive authority in the area of migration it is established that the registration according to the place of stay in an accommodation was fictitious – having learned about the fact of fictitious registration of the respective foreign national at the place of his/her stay in an accommodation.

Registration of foreign nationals at the place of their residence



A foreign national constantly or temporarily resident in the Russian Federation and having the right to use an accommodation in the territory of the Russian Federation in the manner and on the conditions laid down in the Federal Law of 18 July 2006 No. 109-FZ “On migration registration of foreign nationals and stateless persons in the Russian Federation” must register at the address of the specified accommodation.
The foreign national is registered according to his/her place of residence based on the right of this foreign national to use the accommodation in the territory of the Russian Federation The right is determined according to the Housing Code of the Russian Federation.
A foreign national’s application for registration according to a place of residence should be submitted to a migration registration authority in the location of the accommodation, which was selected by the foreign national as his/her place of residence, within seven working day since he/she has received a temporary or permanent residence permit or since the date of his/her arrival to the location of that accommodation.
When submitting an application for registration according to a place of residence, a foreign national shall present:
1) a foreign national constantly or temporarily resident in the Russian Federation:
a) a document certifying his/her identity and recognised by the Russian Federation as such;
b) a permanent or temporary residence permit;
c) documents confirming the right to use the accommodation;
2) a stateless person constantly or temporarily resident in the Russian Federation:
a) a permanent or temporary residence permit;
b) documents confirming the right to use the accommodation.
Reasons for de-registration of foreign nationals from the place of their residence
A foreign national is de-registered from his/her place of residence if:
1) the foreign national is registered in other place of residence;
2) the foreign national loses the right to use the accommodation based on the law of the Russian Federation;
3) the foreign national loses the right to constant or temporary residence in the Russian Federation;
4) a court decision enters into force, which recognises the registration of the foreign national at the place of residence as invalid;
5) the foreign national dies in the Russian Federation or a court decision enters into force which recognises the foreign national who was in the Russian Federation to be missing or dead;
6) a migration registration authority takes a decision regarding the de-registration of the foreign national from his/her place of residence, if, according to the procedure defined by a federal executive authority in the area of migration, it is established that the registration of the foreign national according to the place of residence in an accommodation, which he/she owns or at the address of which he/she is registered, was fictitious.
Complete list of documents, which the applicant has the right to present, if he/she wishes it:
1. Documents confirming the right to use the accommodation according to the law of the Russian Federation, when submitting an application for registration at the place of residence.
2. A copy of the migration card of a foreign national temporarily staying in the Russian Federation.
3. A document confirming payment of the state duty.
If the documents confirming the right to use the accommodation are not provided, the required information is requested by the territorial unit of the Russian FMS using the system of interagency electronic interaction from state authorities or local government.
If a copy of the migration card is not provided, the territorial unit of the Russian FMS verifies the available data on the foreign national contained in the migration card using the information contained in the State information system of migration registration.
If the documents confirming the payment of the state duty are not provided, the required data concerning the payment of the state duty is verified using the State information system on state and municipal payments.
The procedure of migration registration, in fact, is reporting to (notifying) a territorial unit of the Federation Migration Service that a foreign national has arrived at his/her place of stay and must be carried out within seven working days after the arrival of the foreign national to the Russian Federation. Furthermore, it should be known that all the migration registration procedures are effected by the Receiving party, and the foreign national is not required to turn to any organisations and waste his/her time.
The Receiving party can be a Russian national, a foreign national permanently resident in the Russian Federation or a stateless person (having a residence permit), as well as a legal person, their branches and representations, where the foreign national is working (staying).
When a foreign national arrives at his/her place of residence, he/she presents to the Receiving party his/her passport and his/her migration card, which is filled in when entering the Russian Federation. It is not allowed for the passport or the migration card to be removed.
When a foreign national is accommodated in a hotel, the Receiving party is the hotel administration which within one day notifies the territorial unit of the Federal Migration Service about the arrival of a foreign national, as well as performing all the necessary actions related to the registration of foreign nationals and is responsible for the observation of the established rules of stay.
All the actions necessary for the registration are performed by the hotel administration.
Based on the documents presented by a foreign national the Receiving party shall complete a special form of notification regarding the arrival of a foreign national to a place of stay (hereinafter Notification). Then the receiving party within one day presents the above-mentioned form, a copy of the passport of the foreign national and a migration card to the territorial unit of the Federal Migration Service in person or sends by post. There is no state duty for the registration at the place of stay.
There is no state duty for the registration at the place of stay.
Postal communication organisations have special windows, where the Receiving party will be provided a Notification form to be completed. Notification forms are provided free of charge. The services to accept the Notification in the postal communication organisation are charged according to the decree of the Government of the Russian Federation of 15 January 2007 No. 10. Currently, this payment is 216 roubles.
The territorial unit of the Federal Migration Service or the postal communication organisation, who received a completed Notification and the above-mentioned copies from the Receiving party, place stamps of acceptance on the Notification and return the detachable section of the Notification to the Receiving party.
The Receiving party transfers the detachable section of the Notification to the foreign national. The detachable section of the Notification with a stamp which the foreign national has, confirms his/her migration registration.
A foreign national has the right to independently notify migration registration authorities about his/her arrival to the place of stay, if there are good reasons confirmed by documents (illness, physical inability, etc.) which prevent the receiving party from sending the notification to the migration registration authority independently.
A foreign national constantly resident in the Russian Federation also has the right to independently notify respective migration registration authorities about his/her arrival at the place of stay in person or by a postal item according to the established procedure, if the receiving party has written consent.
If a foreign national leaves the place of stay or leaves the Russian Federation, the detachable section of the Notification is kept by the foreign national. A foreign national is de-registered from his/her place of stay by the territorial unit of the FMS having received data about registration of this foreign national in a new place of stay or data confirming that the foreign national left the Russian Federation.
If migration registration data changes, the respective data should be reported to the migration registration authorities within 3 working days according to Paragraph 42 of the Rules of migration registration of foreign nationals in the Russian Federation approved by the decree of the Government of the Russian Federation of 15 January 2007 No. 9), set by the Government of the Russian Federation.
Please be informed that the period of temporary stay of a foreign national in the Russian Federation is defined by the validity period of the visa issued to him/her, except otherwise provided by the Federal Law of 25 July 2002 No. 115-FZ “Legal status of foreign nationals in the Russian Federation”.
Since 1 January 2014 the period of temporary stay of a foreign national who came to the Russian Federation without needing a visa cannot exceed ninety days in total within each period of one hundred and eighty days, unless otherwise provided by the Federal Law, except where such a period has been extended by the Federal Law.
A foreign national must leave the Russian Federation, when the allowed period of stay has ended. To extend a visa or a period of stay, a foreign national needs to turn to the territorial units of the migration service authorities in advance, before the above mentioned period ends.
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