Concerning Legal Status of Foreign Citizen in Russian Federation

The Russian Federation

FEDERAL LAW No. 115-FZ

of July 25, 2002

CONCERNING THE LEGAL STATUS OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION

Passed by the State Duma on June 21, 2002 and

approved by the Federation Council on July 10, 2002

Chapter I. General Provisions

Article 1. Scope of the Federal Law

The present Federal Law defines the legal status of foreign citizens in the Russian Federation, and governs relations between foreign citizens and the bodies of state authority, bodies of local self-government and the officials thereof arising out of the stay (residence) of foreign citizens in the Russian Federation and exercise of labor, entrepreneurial or other activities in the Russian Federation by them.

Article 2. Basic Terms

1. For the purposes of this Federal Law, the following basic terms shall be used:

foreign citizen – a natural person who is not a citizen of the Russian Federation and has proof of foreign citizenship or nationality;

stateless person – a natural person who is not a citizen of the Russian Federation and does not have proof of foreign citizenship or nationality;

invitation to the Russian Federation – a document serving as the basis for issuance of a visa to a foreign citizen or for entry to the Russian Federation under a visa-free procedure, as stipulated by federal law or an international treaty of the Russian Federation;

migration card – a document containing data on a foreign citizen entering the Russian Federation, and serving for control over his/her temporary staying in the Russian Federation;

temporary residence permit – a certification of the right of a foreign citizen or stateless person to temporarily reside in the Russian Federation until receipt of a residence permit, as a note placed in the identity document of the foreign citizen or stateless person, or as a document in prescribed form issuable in the Russian Federation to a stateless person not having an identity document;

residence permit – a document issued to foreign citizens or stateless persons in confirmation of their right to permanently reside in the Russian Federation and of their right of free exit from and entry to the Russian Federation. A residence permit issued to a stateless person shall at the same time be a document certifying his/her identity;

foreign citizen legally resident in the Russian Federation – a person having a valid residence permit or temporary residence permit or visa, or any other documents stipulated by federal law or an international treaty of the Russian Federation certifying his/her right to stay (reside) in the Russian Federation;

foreign citizen on a temporary stay in the Russian Federation – a person who has arrived in the Russian Federation on the basis of a visa or under a visa-free procedure and has no residence permit or temporary residence permit;

foreign citizen temporarily resident in the Russian Federation – a person who has received a temporary residence permit;

foreign citizen permanently resident in the Russian Federation – a person who has received a residence permit;

labor activity of a foreign citizen – the work of a foreign citizen in the Russian Federation on the basis of a work contract or civil law contract for work (services);

foreign worker – a foreign citizen temporarily staying in the Russian Federation and engaged in labor activity in the prescribed manner;

foreign citizen registered as an individual entrepreneur – a foreign citizen registered in the Russian Federation as an individual entrepreneur carrying on activities without the formation of a legal entity;

work permit – a document certifying the right of a foreign worker to temporarily engage in labor activity on the territory of the Russian Federation or the right of a foreign citizen registered in the Russian Federation as an individual entrepreneur to engage in entrepreneurial activities;

deportation – the forced expulsion of a foreign citizen from the Russian Federation in case of forfeiture or termination of the legal entitlement to his/her continued stay (residence) in the Russian Federation. 

2. For the purposes of this Federal Law, the term “foreign citizen” shall incorporate the term “stateless person,” except where the federal law establishes special rules for stateless persons as distinct from the rules established for foreign citizens.

Article 3. Legislation concerning the Legal Status of Foreign Citizens in the Russian Federation

The legislation concerning the legal status of foreign citizens in the Russian Federation shall be based on the Russian Federation Constitution and consist of the present Federal Law and other federal laws. Along with this the legal status of foreign citizens in the Russian Federation shall be determined by the relevant international treaties of the Russian Federation.

Article 4. Foundations of the Legal Status of Foreign Citizens in the Russian Federation

Foreign citizens in Russia shall enjoy rights and bear responsibilities on a par with the citizens of the Russian Federation, except as otherwise provided by federal law.

Article 5. The Temporary Stay of Foreign Citizens in the Russian Federation

1. The period of temporary stay of a foreign citizen in the Russian Federation shall be determined by the period of validity of the visa issued to him/her.

The period of temporary stay of a foreign citizen who has arrived in the Russian Federation under a visa-free procedure may not exceed ninety days, except as provided for in the present Federal Law.

2. A foreign citizen on a temporary stay in the Russian Federation shall have to leave the Russian Federation upon expiry of the visa or the period specified herein unless as of the date of expiry he/she has obtained an extension of stay or a temporary residence permit.

3. The temporary period of stay for a foreign citizen in the Russian Federation may accordingly be extended or reduced if the conditions have changed or the circumstances have ceased to exist under which he/she was allowed entry to the Russian Federation.

4. The decision to extend or reduce the temporary period of stay for a foreign citizen in the Russian Federation shall be made by the federal executive body in charge of foreign affairs or by the federal executive body in charge of internal affairs, or by its territorial units.

5. The temporary period of stay for a foreign citizen who has arrived in the Russian Federation under a visa-free procedure and concluded a work contract or civil law contract for work (services), with the requirements of this Federal Law duly observed, shall be extended for the term of the contract but not to exceed one year, calculated from the day of entry of the foreign citizen into the Russian Federation. The decision on the extension of stay shall be taken by a territorial unit of the federal executive body in charge of internal affairs, of which a note shall be placed on the migration card.

Article 6. Temporary Residence of Foreign Citizens in the Russian Federation

1. A temporary residence permit may be issued to a foreign citizen within a quota approved by the Government of the Russian Federation. The term of validity of a temporary residence permit shall be three years.

2. A quota of temporary residence permits for foreign citizens shall be approved annually by the Government of the Russian Federation on the basis of proposals from the executive bodies of the constituent entities of the Russian Federation with due regard for the demographic situation in a particular constituent entity and its capabilities to accommodate foreign citizens.

3. Outside the quota approved by the Government of the Russian Federation, a temporary residence permit may be issued to a foreign citizen who:

1) was born on the territory of the RSFSR and held USSR citizenship in the past or was born on the territory of the Russian Federation;

2) has been deemed disabled and has an earning RF citizen son or daughter;

3) has at least one RF citizen disabled parent;

4) is married to a RF citizen having a place of residence in the Russian Federation;

5) has made investments in the Russian Federation in the amount set by the Government of the Russian Federation;

6) in other cases stipulated by federal law.

4. A territorial unit of the federal executive body in charge of internal affairs upon application filed therewith by a foreign citizen on a temporary stay in the Russian Federation or upon application filed by a foreign citizen with the Russian diplomatic mission or consular post in his/her state of residence shall issue or deny a temporary residence permit to the foreign citizen within a six month period.

5. When considering an application by a foreign citizen for a temporary residence permit, the territorial unit of the federal executive body in charge of internal affairs shall forward inquiries to security agencies, the court bailiffs service, tax, social security, health and migration authorities and other concerned bodies which shall within two months of receipt of the inquiry provide information on the presence or absence of circumstances hindering issuance of a temporary residence permit to the foreign citizen.

6. If a foreign citizen has been denied a temporary residence permit, he/she shall be entitled to submit a second application for a temporary residence permit in the same manner not earlier than one year after the first application was turned down.

7. The temporary residence permit shall contain the following data: surname, given name (written in letters of the Russian and Latin alphabet), date and place of birth, gender, citizenship of the foreign citizen, the number and date of the issuance decision, validity of the permit, and the name of the issuing authority.

8. The procedure for issuance of temporary residence permits, and the list of documents to be submitted along with the temporary residence permit applications shall be approved by the Government of the Russian Federation.

Article 7. Grounds to Deny or Cancel a Temporary Residence Permit

A temporary residence permit shall not be issued to a foreign citizen, and the previously issued permit shall be canceled if the foreign citizen:

1) advocates a forcible change of the foundations of the constitutional system of the Russian Federation or otherwise creates a threat to Russia’s security or the safety of its citizens;

2) finances, plans, aids and abets or commits terrorist (extremist) acts, or otherwise supports terrorist (extremist) activities;

3) within the five years preceding the temporary residence permit application filing date, was subjected to administrative expulsion from the Russian Federation or deportation;

4) presented fake or forged documents or reported obviously false information about himself/herself;

5) was sentenced by a valid judgment for a grave or especially grave crime or a crime whose relapse is deemed dangerous;

6) has a previous unserved or unremoved sentence for a grave or especially grave crime within or outside the Russian Federation, deemed as such in accordance with federal law;

7) was administratively impleaded repeatedly (two or more times) during the course of one year for breach of the part of Russian legislation concerning the stay (residence) regulations for foreign citizens in the Russian Federation;

8) cannot provide proof that he/she is able to maintain himself/herself and his/her family in the Russian Federation at a minimum subsistence level without resorting to state assistance, except where a foreign citizen is deemed disabled;

9) upon expiration of the three-year period from the date of entry, has no living accommodation in the Russian Federation on the basis stipulated under Russian Federation legislation;

10) departed the Russian Federation for a foreign state for permanent residence;

11) has been outside the Russian Federation for more than six months;

12) contracted a marriage with a citizen of the Russian Federation that served as the basis for obtaining a temporary residence permit and this marriage has been invalidated by court;

13) is a drug addict or does not possess a certificate of absence of disease caused by the human immunodeficiency virus (HIV infection) or suffers from one of the infectious diseases posing a danger to the people around. The list of such diseases and the procedure for the confirmation of their presence or absence shall be approved by the Government of the Russian Federation.

Article 8. Permanent Residence of Foreign Citizens in the Russian Federation

1. Within the validity period of a temporary residence permit and subject to the availability of legal grounds, a residence permit may be issued to a foreign citizen upon his/her application. The foreign citizen shall file an application for a residence permit with a territorial unit of the federal executive body in charge of internal affairs not later than six months before expiry of the temporary residence permit.

2. Before receipt of a residence permit a foreign citizen shall be required to have lived in the Russian Federation for at least one year on the basis of a temporary residence permit.

3. A residence permit shall be issued to a foreign citizen for a period of five years. Upon expiry of the residence permit this period may be extended for another five years upon application by the foreign citizen. The number of residence permit extensions shall not be limited.

4. The residence permit shall contain the following data: surname, given name (written in letters of the Russian and Latin alphabet), date and place of birth, gender, citizenship of the foreign citizen, the number and date of the issuance decision, the validity of the residence permit, name of the issuing authority and shall be issued in the prescribed form.

5. The procedure for issuance of residence permits, the list of documents to be submitted along with the residence permit applications, and the procedure for re-registration of residence permits shall be approved by the Government of the Russian Federation.

Article 9. Grounds to Deny or Cancel a Residence Permit

A residence permit shall not be issued to a foreign citizen, and the previously issued residence permit shall be canceled if the foreign citizen:

1) advocates a forcible change of the foundations of the constitutional system of the Russian Federation or otherwise creates a threat to Russia’s security or the safety of its citizens;

2) finances, plans, aids and abets or commits terrorist (extremist) acts, or otherwise supports terrorist (extremist) activities;

3) was subjected to administrative expulsion from the Russian Federation or deportation;

4) presented fake or forged documents or reported obviously false information about himself/herself;

5) was sentenced by a valid judgment for a grave or especially grave crime or a crime whose relapse is deemed dangerous;

6) has a previous unserved or unremoved sentence for a grave or especially grave crime within or outside the Russian Federation, deemed as such in accordance with federal law;

7) was administratively impleaded repeatedly (two or more times) during the course of one year for breach of the part of Russian legislation concerning the stay (residence) regulations for foreign citizens in the Russian Federation;

8) cannot provide proof that he/she is able to maintain himself/herself and his/her family in the Russian Federation at a minimum subsistence level without resorting to state assistance, except where a foreign citizen is deemed disabled;

9) upon expiration of the three-year period from the date of entry, has no living accommodation in the Russian Federation on the basis stipulated under Russian Federation legislation;

10) departed the Russian Federation for a foreign state for permanent residence;

11) has been outside the Russian Federation for more than six months;

12) contracted a marriage with a citizen of the Russian Federation that served as the basis for obtaining a residence permit and this marriage has been invalidated by court;

13) is a drug addict or does not possess a certificate of absence of disease caused by the human immunodeficiency virus (HIV infection) or suffers from one of the infectious diseases posing a danger to the people around. The list of such diseases and the procedure for the confirmation of their presence or absence shall be approved by the Government of the Russian Federation.

Article 10. Identity Documents of a Foreign Citizen in the Russian Federation

1. Identity documents for a foreign citizen in the Russian Federation shall be his/her passport or another document prescribed by federal law or recognized under an international treaty of the Russian Federation as a document certifying his/her identity.

2. The identity documents of a stateless person in the Russian Federation shall be:

1) the document issued by a foreign state and recognized under an international treaty of the Russian Federation as a document certifying that he or she is a stateless person;

2) a temporary residence permit;

3) a residence permit;

4) other documents specified by federal law or recognized under an international treaty of the Russian Federation as documents certifying that he or she is a stateless person.

Article 11. Movement of Foreign Citizens within the Russian Federation

1. Foreign citizens shall have the right of free movement for personal or business purposes within the Russian Federation on the basis of the documents issued or made out to them under the present Federal Law, except for territories, organizations or facilities that require special permission to visit in accordance with federal laws.

The list of territories, organizations and facilities for entry into which foreign citizens require special permission shall be approved by the Government of the Russian Federation.

2. A foreign citizen temporarily resident in the Russian Federation may not change at will his/her place of residence within the constituent entity of the Russian Federation where he/she is allowed to reside temporarily or to choose his/her place of residence outside the said constituent entity.

3. Foreign citizens who are members of diplomatic missions or consular posts of foreign states in the Russian Federation, staff members of international organizations, and foreign journalists accredited in the Russian Federation shall be granted the right of free movement within the Russian Federation on the basis of reciprocity, except for the restrictions stipulated in paragraph 1 of this article.

Article 12. Foreign Citizens’ Relationship to Electoral Law

1. Foreign citizens in the Russian Federation may not elect or be elected into the federal bodies of state authority or those of the constituent entities of the Russian Federation, nor participate in a Russian Federation referendum or in referendums of the constituent entities.

2. Foreign citizens permanently resident in the Russian Federation in cases and in the manner stipulated by federal laws shall have the right to elect and be elected into local government bodies and to participate in a local referendum.

Article 13. Conditions of Participation of Foreign Citizens in Labor Relations

1. Foreign citizens shall have the right freely to dispose of their work capacities, choose their trade, occupation, or profession, as well as the right freely to use their capacities and assets for business or other economic activities not prohibited by law with regard for restrictions stipulated by federal law.

2. An employer under this Federal Law shall be a natural or legal person that has obtained in the prescribed manner permission to attract and employ foreign workers and uses their work on the basis of the work contracts made with them. Inter alia, a foreign citizen registered as an individual entrepreneur may act as an employer.

3. A customer for work (services) under this Federal Law shall be a natural or legal person that has obtained in the prescribed manner permission to attract and employ foreign workers and uses their work on the basis of the civil law contracts for work (services) concluded with them. Inter alia, a foreign citizen registered as an individual entrepreneur may act as a customer for work (services).

4. An employer and a customer for work (services) shall have the right to attract and employ foreign workers only if they have permission to attract and employ foreign workers.

A foreign citizen shall have the right to engage in labor activity only if he/she has a work permit. This rule shall not apply to foreign citizens who:

1) reside permanently, or

2) temporarily in the Russian Federation;

3) are members of diplomatic missions or consular posts of foreign states in the Russian Federation, staff members of international organizations, or private domestic servants of the said persons;

4) workers of foreign legal entities (producers or suppliers) performing installation (contract supervision) work, services and guarantee maintenance, and after warranty repairs on technical equipment supplied to the Russian Federation;

5) journalists accredited in the Russian Federation;

6) students enrolled in Russian vocational education institutions and performing work (services) during their vacation;

7) students enrolled in Russian vocational education institutions and working in their spare time as auxiliary teaching personnel in the vocational institutions where they train;

8) invited to the Russian Federation as teachers to conduct classes in educational institutions, except for persons arriving in the Russian Federation to engage in teaching activities in seminaries or other religious educational institutions.

5. A foreign citizen temporarily resident in the Russian Federation may not engage in labor activity outside the constituent entity of the Federation on whose territory he/she is permitted temporary residence.

Article 14. Foreign Citizens’ Relationship to the Government or Municipal Service and to Certain Kinds of Activity

1. A foreign citizen shall not be entitled to:

1) hold government or municipal jobs;

2) fill crew positions of a ship sailing under the State Flag of the Russian Federation in accordance with the restrictions stipulated by the Merchant Shipping Code of the Russian Federation;

3) be a crew member of a Russian warship or other vessel operated for noncommercial purposes or of a flying vehicle of state or experimental aviation;

4) be a civil aircraft commander;

5) be employed in facilities or organizations whose activities relate to national security. The list of such organizations and facilities shall be approved by the Government of the Russian Federation.

6) engage in other activities and fill other jobs to which access by foreign citizens is restricted by federal law.

2. The procedure for filling top positions by foreign citizens in organizations in whose authorized capital more than fifty percent of the shares or interest belongs to the Russian Federation shall be established by the Government of the Russian Federation.

Article 15. Foreign Citizens’ Relationship to Military Service

A foreign citizen may not be called up for military service (alternative civilian service), may not enlist for military service and may not be hired in the Russian Armed Forces, other forces, troop units or agencies as civilian employees.

Chapter II. Procedure for Issuing Invitations to the Russian Federation

Article 16. Procedure for Issuing an Invitation to the Russian Federation

1. An invitation to the Russian Federation (hereinafter also, invitation) shall be issued by the federal executive body in charge of foreign affairs or by the federal executive body in charge of internal affairs or by its territorial unit.

2. The invitation shall contain the following data: surname, given name (written in letters of the Russian and Latin alphabet), date and place of birth, gender, citizenship of the person being invited, the state where he/she resides, number and date of issue of his/her identity document, the purpose and intended destinations and length of stay in the Russian Federation, the name and address of the inviting organization or the surname, given name and residential address of the inviting natural person, the number and date of the invitation issuance decision and the period of validity of the invitation.

3. The federal executive body in charge of foreign affairs shall issue invitations upon request of:

1) federal bodies of state authority;

2) diplomatic missions and consular posts of foreign states in the Russian Federation;

3) international organizations and their offices in the Russian Federation and of representations of foreign states at Russia-based international organizations;

4) bodies of state authority of constituent entities of the Russian Federation.

4. A territorial unit of the federal executive body in charge of internal affairs shall issue invitations upon request of:

1) local government bodies;

2) legal entities;

3) Russian Federation citizens and foreign citizens permanently resident in the Russian Federation.

5. Along with the request to issue an invitation, the inviting party shall present guarantees of accommodation and financial and medical support for the foreign citizen while he/she stays in the Russian Federation.

The procedure for presenting those guarantees shall be established by the Government of the Russian Federation.

Article 17. Invitation to the Russian Federation for a Foreign Citizen to Train in an Educational Institution

1. An invitation to the Russian Federation for a foreign citizen to train in an educational institution shall be issued by a territorial unit of the federal executive body in charge of internal affairs upon request of the educational institution.

2. Invitations of enrollment to a vocational education institution shall be issued by the federal executive body in charge of internal affairs upon request of the federal executive bodies responsible, respectively, for defense, the border guard service, security, customs, government communication and information, and disaster emergency response, if the aforesaid bodies have vocational education institutions of the appropriate types and kinds within their structure.

3. The educational institution that has invited a foreign citizen to the Russian Federation for training purposes shall:

1) guarantee the foreign citizen the possibility to receive education in the institution, facilitate his/her timely registration at his/her place of stay and ensure his/her departure from the Russian Federation upon completion or discontinuation of studies;

2) within three working days of the arrival of the foreign citizen at the educational institution, forward relevant information to the executive body of the constituent entity of the Russian Federation in charge of education matters;

3) within three working days of the date on which the unauthorized departure of the foreign citizen from this educational institution has been established, forward relevant information to the executive body of the constituent entity of the Russian Federation in charge of education matters, territorial unit of the federal executive body in charge of internal affairs and the territorial unit of the federal executive body in charge of security affairs.

Article 18. Invitation to the Russian Federation for a Foreign Citizen for Work Purposes

1. A quota of invitations to the Russian Federation for foreign citizens for work purposes shall be approved annually by the Government of the Russian Federation on the basis of proposals from the executive bodies of the constituent entities of the Russian Federation with due regard for the demographic situation in a particular constituent entity and its capabilities to accommodate foreign citizens.

The aforesaid proposals from the executive bodies of the constituent entities of the Russian Federation shall be formed on the basis of the principle of priority utilization of national labor resources with regard for the situation in the labor market.

2. An invitation to the Russian Federation for a foreign worker for work purposes shall be issued by the federal executive body in charge of internal affairs or by its territorial unit on a request for issuance of an invitation submitted by an employer or a customer for work (services) to the appropriate body.

Simultaneously with a request for issuance of an invitation for work purposes the employer or customer for work (services) shall submit to the territorial unit of the federal executive body in charge of internal affairs or directly to the federal executive body if the latter handles the issuance thereof:

1) a permit to attract and employ foreign workers;

2) the documents necessary for issuing a work permit for each foreign worker. Simultaneously with the invitation for work purposes the employer or customer for work (services) shall be issued a work permit for each foreign worker.

3. A permit to attract and employ foreign workers, except as provided for in paragraph 4 of this article, shall be issued by the federal executive body in charge of internal affairs or its territorial unit subject to the availability of a decision of the respective territorial unit of the federal executive body in charge of employment matters.

4. A permit to attract and employ foreign workers as crew members of Russian seagoing ships shall be issued by the federal executive body in charge of internal affairs subject to the availability of a decision of the federal executive body in charge of transport matters in the manner prescribed by the Government of the Russian Federation in accordance with the present Federal Law.

5. A work permit for a foreign citizen on a temporary stay in the Russian Federation shall be issued by a territorial unit of the federal executive body in charge of internal affairs providing the employer or customer for work (services) has deposited the requisite money into an account specially opened by the federal body for the foreign worker’s exit from the Russian Federation by a suitable means of transport.

6. The procedure for issuance of work permits and the list of documents to be submitted along with the work permit application shall be approved by the Government of the Russian Federation.

7. After the foreign worker has exited the Russian Federation, the money indicated in paragraph 5 hereof shall be refunded to the employer or customer for work (services) upon expiry of the contract, and to the foreign citizen registered as an individual entrepreneur – on presentation of the travel documents confirming the payment for the exit of the foreign worker from the Russian Federation.

8. The employer or customer for work (services) that have invited a foreign worker to the Russian Federation for work purposes or concluded a new work contract or civil law contract for work (services) with a foreign worker in the Russian Federation shall be required to:

1) have a permit to attract and employ foreign workers;

2) ensure that the foreign citizen gets a work permit;

3) submit the requisite documents for registration of the foreign citizen at his/her place of stay in the Russian Federation;

4) notify the taxation body at the place where he/she is registered for the attraction and employment of foreign workers within ten days from the date of submission of a request for issuance of an invitation to the foreign citizen for work purposes or arrival of the foreign citizen at the place of work or at the place of stay, or receipt of a work permit by the foreign citizen, or the conclusion with the foreign worker in the Russian Federation of a new work contract or civil law contract for work (services), or the suspension or cancellation of the work permit for the foreign citizen registered as an individual entrepreneur, or the cancellation of the work permit for the foreign worker;

5) facilitate the departure of the foreign worker from the Russian Federation upon expiry of the work contract entered into with him/her or of the respective civil law contract for work (services);

6) pay the expenses connected with the administrative expulsion from the Russian Federation or deportation of a foreign citizen hired with the violation of the procedure fixed by the present Federal Law for the attraction and employment of foreign workers;

7) send the federal executive body in charge of internal affairs or its territorial unit information about the violation by the foreign worker of the terms of the work contract or civil law contract for work (services) as well as about the early cancellation of such contracts;

8) send the federal executive body in charge of internal affairs or its territorial unit, along with the federal executive body in charge of security affairs, information about the foreign worker’s unauthorized departure from a place of employment or place of stay.

9. A work permit shall not be issued to a foreign citizen and the issued work permit shall be canceled by a territorial unit of the federal executive body in charge of internal affairs in case the foreign citizen:

1) advocates a forcible change of the foundations of the constitutional system of the Russian Federation or otherwise creates a threat to Russia’s security or the safety of its citizens;

2) finances, plans, aids and abets or commits terrorist (extremist) acts, or otherwise supports terrorist (extremist) activities;

3) within the five years preceding the work permit application filing date, was subjected to administrative expulsion from the Russian Federation or deportation;

4) presented fake or forged documents or reported obviously false information about himself/herself;

5) was sentenced by a valid judgment for a grave or especially grave crime or a crime whose relapse is deemed dangerous;

6) has a previous unserved or unremoved sentence for a grave or especially grave crime within or outside the Russian Federation, deemed as such in accordance with federal law;

7) was administratively impleaded repeatedly (two or more times) during the course of one year for breach of the part of Russian legislation concerning the stay (residence) regulations for foreign citizens in the Russian Federation;

8) departed the Russian Federation for a foreign state for permanent residence;

9) has been outside the Russian Federation for more than six months;

10) is a drug addict or does not possess a certificate of absence of disease caused by the human immunodeficiency virus (HIV infection) or suffers from one of the infectious diseases posing a danger to the people around. The list of such diseases and the procedure for the confirmation of their presence or absence shall be approved by the Government of the Russian Federation.

10. The procedure for the deposition by an employer or customer for work (services) of the requisite money for a foreign worker’s exit from the Russian Federation by a suitable means of transport, and the procedure for refund of such money to the employer or customer for work (services) shall be established by the Government of the Russian Federation.

11. In case an employer or customer for work (services) has violated the provisions of the present Federal Law the federal executive body in charge of internal affairs or its territorial unit may suspend the permit to attract and employ foreign workers, and the work permit for a foreign citizen registered as an individual entrepreneur, issued to the employer, customer for work (services) or the foreign citizen registered as an individual entrepreneur, until removal of the violations by these persons within a specified time.

12. In case the employer or customer for work (services) fails to remove the violations within a specified time their respective permits to attract and employ foreign workers, and the work permit for the foreign citizen registered as an individual entrepreneur shall be canceled by the federal executive body in charge of international affairs or by its territorial unit.

13. In the event that a permit to attract and employ foreign workers is canceled or an employer or customer for work (services) ceases activities a foreign worker shall be entitled to make a new contract with another employer or customer for work (services) for the period left until the date of expiry of the work permit providing it has at least three months left before expiry date, and subject to the new employer or customer for work (services) having a permit to attract and employ foreign workers.

Article 19. Government Fees Charged for Actions Carried Out in Accordance with the Present Federal Law

1. A government fee shall be charged:

1) for a temporary residence permit issued to a foreign citizen, and for a residence permit as well;

2) for an invitation to the Russian Federation for a foreign citizen, except as provided for in subparagraph 1 of paragraph 2 of this article;

3) for the issuance of a permit to attract and employ foreign workers and for the issuance of a work permit to a foreign citizen;

4) for the extension of temporary stay for a foreign citizen in the Russian Federation, except as provided for in subparagraph 2 of paragraph 2 of this article;

5) for the registration of a foreign citizen in the Russian Federation at the place of residence or at the place of stay.

2. A government fee shall not be charged:

1) for the issuance of an invitation to the Russian Federation for a foreign citizen for purposes of training in a state or municipal educational institution;

2) for the extension of temporary stay in the Russian Federation for a foreign citizen who has arrived in the Russian Federation for purposes of charitable activities or humanitarian aid delivery or for reasons such as emergency treatment, grave ailment and a close relative’s death.

3. The government fee rates charged pursuant to this article and the manner of payment shall be established by federal law.

Chapter III. Registration of Foreign Citizens in the Russian Federation

Article 20. Registration of Foreign Citizens

1. A foreign citizen entering the Russian Federation shall have to register himself/herself within three working days from the date of arrival in the Russian Federation in the manner stipulated by the present Federal Law or other federal laws.

2. The registration of children under age 18 entering the Russian Federation together with their parents or one of them shall be made simultaneously with the registration of the parents (parent).

Article 21. Foreign Citizen Registration Procedure

1. A territorial unit of the federal executive body in charge of internal affairs shall register foreign citizens entering the Russian Federation, except for foreign citizens specified in articles 22 and 25 hereof, on the basis of the documents set forth in article 23 hereof.

2. The registration of a foreign citizen entering the Russian Federation shall be made upon written application by the citizen, submitted in person or through the inviting organization to the territorial unit of the federal executive body in charge of internal affairs.

3. The registration of a foreign citizen arriving in the Russian Federation shall be made at his/her place of stay in the Russian Federation.

In case of change of a place of stay in the Russian Federation a foreign citizen shall have to register himself/herself within three working days from the date of arrival at the new place of stay.

4. Foreign citizens temporarily or permanently resident in the Russian Federation shall have to undergo annual re-registration with the territorial unit of the federal executive body in charge of internal affairs at their place of residence.

5. In the event of foreign national seamen going ashore who are crew members of non-naval ships of foreign states and temporarily staying within the territory of a Russian Federation port open for foreign non-naval ship calls or of a port city for more than twenty-four hours their registration shall be made on the basis of a seaman’s passport (seaman’s identify certificate) providing the document has an entry stamp affixed by the border control.

6. A foreign citizen who has lost while temporarily staying in the Russian Federation the documents on whose basis he/she entered the Russian Federation shall not be registered. In this case the foreign citizen shall have to depart the Russian Federation not later than ten days after receipt of a temporary document issued upon his/her written statement of loss of the documents.

Article 22. Registration of Foreign Citizens Having Diplomatic Privileges and Immunities and of Their Family Members

1. The federal executive body in charge of foreign affairs shall make the registration and re-registration of:

1) heads of diplomatic missions and heads of consular posts of foreign states in the Russian Federation, members of diplomatic missions and consular posts of foreign states in the Russian Federation, and the family members and guests thereof, if the family members or guests live in the said persons’ residences or on the premises of such missions or posts;

2) officials of ministries of foreign affairs of foreign states entering the Russian Federation for a working visit and having diplomatic or service passports, and family members of the said persons;

3) officials of international organizations, officials of the offices of the said organizations in the Russian Federation and officials of international organizations headquartered in the Russian Federation entering the Russian Federation for a working visit and enjoying diplomatic privileges and immunities in accordance with an international treaty of the Russian Federation, and the family members and guests thereof, if the family members or guests live in the said persons’ residences or on the premises of such offices.

2. The federal executive body in charge of foreign affairs shall issue diplomatic, service or consular cards to the foreign citizens indicated in paragraph 1 of this article. The procedure for use of such cards shall be established by the Government of the Russian Federation.

Article 23. Documents Necessary for the Registration of a Foreign Citizen

The registration of a foreign citizen shall be made if he/she presents for registration a migration card having an entry stamp affixed by the border control and a document establishing his/her identity.

Article 24. Registration of Foreign Citizens at Hotels

The management of a hotel or other organization providing hotel services shall have on the day of the arrival of a foreign citizen to send the territorial unit of the federal executive body in charge of internal affairs information concerning his/her date of arrival and duration of stay in the organization, and on the day of his/her departure information regarding the departure date for the transfer of the information to the central databank set up pursuant to article 26 of the present Federal Law.

Article 25. Exemption of Foreign Citizens from Registration

Persons not subject to registration are:

1) heads of state or government of foreign states, members of parliamentary or governmental delegations and leaders of international organizations entering the Russian Federation at the invitation of federal bodies of state authority or bodies of state authority of constituent entities of the Russian Federation – and family members of the said persons;

2) foreign citizens entering the Russian Federation for a period of not more than three days, except as provided for in article 24 of the present Federal Law;

3) foreign national seamen who are crew members of warships on an official or unofficial visit or of warships on a business call to the Russian Federation, and crew members of military aircraft of foreign states;

4) foreign national seamen who are crew members of non-naval ships of foreign states when going ashore and temporarily staying within the territory of a Russian Federation port open for foreign non-naval ship calls or of a port city or when going on excursions to urban or rural settlements for a period of not more than twenty four hours;

5) crew members of civil aircraft, trains and transport vehicles participating in international traffic while staying at the airports or stations indicated in the timetables (schedules) of the said transport vehicles.

Chapter IV. Keeping Track of Foreign Citizens on a Temporary Stay or Residing in the Russian Federation

Article 26. The Centralized System for Keeping Track of Foreign Citizens

1. A central databank shall be created to keep track of foreign citizens on a temporary stay or residing (both temporarily and permanently) in the Russian Federation. The procedure for creating and maintaining the central databank and the procedure for use of central databank information shall be established by the Government of the Russian Federation.

2. The central databank and data therein contained shall be subject to protection against unsanctioned access in the manner prescribed by federal law. Disseminating data on a foreign citizen contained in the central databank shall be prohibited.

Article 27. Keeping Track of Foreign Students Training in Russian Educational Institutions

1. The executive body of a constituent entity of the Russian Federation in charge of education matters shall keep track of foreign citizens training in educational institutions located within the constituent entity based on information from the institutions with the observance of the procedure established by article 17, paragraph 3, subparagraphs 2 and 3 of the present Federal Law and shall forward to the federal executive body in charge of education matters and to the territorial unit of the federal executive body in charge of internal affairs information concerning the said citizens’ arrival at and departure from the educational institutions.

2. Federal executive bodies having sent requests for invitations to the Russian Federation for foreign citizens for purposes of training in vocational education institutions shall keep track of the said foreign citizens.

Article 28. Keeping Track of Foreign Workers in the Russian Federation

The territorial unit of the federal executive body in charge of internal affairs shall keep track of foreign workers on a temporary stay in the Russian Federation and shall forward information concerning their arrival at and departure from the place of employment to the federal executive body in charge of internal affairs and to the territorial unit of the federal executive body in charge of employment matters. 

Article 29. Keeping Track of Foreign Citizens Having Diplomatic Privileges and Immunities and of Their Family Members

The federal executive body in charge of foreign affairs shall keep track of the following foreign citizens: 

1) heads of diplomatic missions and heads of consular posts of foreign states in the Russian Federation, members of diplomatic missions and consular posts of foreign states in the Russian Federation, and the family members and guests thereof, if the family members or guests live in the said persons’ residences or on the premises of such missions or posts;

2) officials of ministries of foreign affairs of foreign states entering the Russian Federation for a working visit and having diplomatic or service passports, and family members of the said persons;

3) officials of international organizations, officials of the offices of the said organizations in the Russian Federation and officials of international organizations headquartered in the Russian Federation entering the Russian Federation for a working visit and enjoying diplomatic privileges and immunities in accordance with an international treaty of the Russian Federation, and the family members and guests thereof, if the family members or guests live in the said persons’ residences or on the premises of such offices.

Chapter V. Control over the Stay and Residence of Foreign Citizens in the Russian Federation

Article 30. Control over the Stay and Residence of Foreign Citizens in the Russian Federation

1. Control over the residence, temporary stay in the Russian Federation and transit movement within the Russian Federation of foreign citizens, except for citizens indicated in paragraph 2 of this article, shall be exercised by the federal executive body in charge of internal affairs and by its territorial unit.

2. The federal executive body in charge of foreign affairs shall exercise control over the temporary stay in the Russian Federation of the following foreign citizens:

1) heads of diplomatic missions and heads of consular posts of foreign states in the Russian Federation, members of diplomatic missions and consular posts of foreign states in the Russian Federation, and the family members and guests thereof, if the family members or guests live in the said persons’ residences or on the premises of such missions or posts;

2) officials of ministries of foreign affairs of foreign states entering the Russian Federation for a working visit and having diplomatic or service passports, and family members of the said persons;

3) officials of international organizations, officials of the offices of the said organizations in the Russian Federation and officials of international organizations headquartered in the Russian Federation entering the Russian Federation for a working visit and enjoying diplomatic privileges and immunities in accordance with an international treaty of the Russian Federation, and the family members and guests thereof, if the family members or guests live in the said persons’ residences or on the premises of such offices.

3. Upon entry into the Russian Federation, a foreign citizen shall fill out a migration card which along with the document establishing his/her identity shall be shown to a border control officer at a Russian State Border checkpoint. Upon exit from the Russian Federation, the foreign citizen shall have to surrender the migration card to a border control officer at a Russian State Border checkpoint. The border control officer shall affix an entry stamp on the foreign citizen’s migration card on arrival in, and an exit stamp on departure from the Russian Federation.

Article 31. Consequences of Overstaying the Authorized Period of Stay or Residence in the Russian Federation by a Foreign Citizen

1. In case the authorized period of a foreign citizen’s residence or temporary stay in the Russian Federation has been reduced the foreign citizen shall have to leave the Russian Federation within three days.

2. In case the temporary residence permit or residence permit issued to a foreign citizen has been canceled the foreign citizen shall have to leave the Russian Federation within fifteen days.

3. A foreign citizen who has not fulfilled the obligation stipulated in paragraph 1 or 2 of this article shall be subject to deportation.

4. The deportation of foreign citizens as herein provided for shall be effected by the federal executive body in charge of internal affairs or by its territorial unit.

5. Deportation shall be at the expense of the foreign citizen being deported, or, if he/she is unable to pay, or was employed with the violation of the foreign workers employment procedure set by this Federal Law, then the deportation shall be at the expense of the inviting agency, the diplomatic mission or consular post of the foreign state of which he/she is a citizen, the international organization or its office or the natural or legal person as indicated in article 16 hereof.

6. If establishing the inviting party is impossible, the deportation shall be at the expense of the federal budget in the manner prescribed by the Government of the Russian Federation.

7. The federal executive body in charge of internal affairs or its territorial unit shall forward information concerning the deportation of the foreign citizen to the federal executive body in charge of foreign affairs.

8. The federal executive body in charge of foreign affairs shall notify the diplomatic mission or consular post of the appropriate foreign state in the Russian Federation of its citizen’s deportation.

9. By court decision, foreign deportees shall be held in specially designated rooms of internal affairs offices, or at special facilities set up in the manner prescribed by the law of a constituent entity of the Russian Federation until execution of the deportation writ.

Article 32. Control Over the Labor Activities of Foreign Workers

1. Control over the labor activities of foreign workers shall be exercised by the federal executive body in charge of internal affairs and its territorial units in cooperation with other federal executive bodies, their territorial units and the executive bodies of the constituent entities of the Russian Federation within their scope of authority.

2. In case a foreign worker has violated the terms of his/her work contract or civil law contract for work (services) the work permit issued to the foreign worker may upon request from his/her employer or customer for work (services) be canceled by the issuing authority: either the federal executive body in charge of internal affairs or its territorial unit.

Chapter VI. Liability for Violations of this Federal Law

Article 33. Liability of Foreign Citizens

A foreign citizen found guilty of a violation of the Russian Federation laws shall be impleaded pursuant thereto. Furthermore, a foreign citizen illegally staying in the Russian Federation shall be registered along with his/her photographs and (statutorily mandated) fingerprints taken with the subsequent placing of the data into the central databank set up pursuant to article 26 of this Federal Law.

Article 34. Procedure for Administrative Expulsion of a Foreign Citizen from the Russian Federation

1. The administrative expulsion of a foreign citizen from the Russian Federation shall be at the expellee’s expense, or, if he/she is unable to pay, or was employed with the violation of the foreign workers employment procedure set by this Federal Law, then the expulsion shall be at the expense of the inviting agency, the diplomatic mission or consular post of the foreign state of which he/she is a citizen, the international organization or its office or the natural or legal person as indicated in article 16 of this Federal Law.

2. If establishing the inviting party is impossible, the administrative expulsion of a foreign citizen from the Russian Federation shall be at the expense of the federal budget in the manner prescribed by the Government of the Russian Federation.

3. The federal executive body in charge of internal affairs or its territorial unit or the federal executive body with responsibility for the border guard service or its units shall carry out the administrative expulsion of the foreign citizen from the Russian Federation and forward relevant information to the federal executive body in charge of foreign affairs.

4. The federal executive body in charge of foreign affairs shall notify the diplomatic mission or consular post of the appropriate foreign state in the Russian Federation of its citizen’s administrative expulsion from the Russian Federation.

5. By court decision, foreign expellees shall be held in specially designated rooms of internal affairs or border guard service offices, or at special facilities established in the manner prescribed by the law of a constituent entity of the Russian Federation until execution of the administrative expulsion writ.

Article 35. Officials’ Liability

Officials of organizations receiving foreign citizens in the Russian Federation, providing services for them and performing all duties associated with the observance of the terms of stay (residence) of foreign citizens in the Russian Federation and of the procedures governing their registration and the issuance of documents authorizing them to stay, move or reside within the Russian Federation or change their place of residence in the Russian Federation, shall if found guilty of violations of the Russian Federation laws be brought to account in accordance therewith.

Chapter VII. Concluding Provisions

Article 36. Bringing Normative Legal Acts Into Conformity with This Federal Law

1. To request the President of the Russian Federation and to instruct the Government of the Russian Federation within three months of the official publication of this Federal Law to bring their normative legal acts into conformity with this Federal Law. To request the Government of the Russian Federation to hold negotiations with the governments of the adjacent states to revise the intergovernmental agreements on mutual visa-free trips of citizens with a view to limiting the list of documents establishing the identity of citizens for entry into, exit from, stay (residence) and movement within the Russian Federation and for the purpose of specifying the duration of visa-free stay for citizens of one state on the territory of the other state.

2. Upon entry into force of this Federal Law, to nullify the following on the territory of the Russian Federation:

USSR Law No. 5152-Х of June 24, 1981 on the Legal Status of Foreign Citizens in the USSR (Vedomosti Verkhovnogo Soveta SSSR [Gazette of the Supreme Soviet of the USSR], no. 26, item 836, 1981);

Resolution of the USSR Supreme Soviet No. 5153-Х of June 24, 1981 on Enactment of the USSR Law on the Legal Status of Foreign Citizens in the USSR (Vedomosti Verkhovnogo Soveta SSSR, no. 26, item 837, 1981).

3. To insert into paragraph 7 of article 4 of the Russian Federation Law on Government Fees (as worded in Federal Law No. 226-FZ of December 31, 1995) (Vedomosti Syezda narodnykh deputatov Rossiiskoi Federatsii i Verkhovnogo Soveta Rossiiskoi Federatsii [Gazette of the Congress of People’s Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation], no. 11, item 521; no. 24, item 1292; no. 34, items 1966 and 1976 (1992); Sobraniye zakonodatelstva Rossiiskoi Federatsii [Compendium of Legislation of the Russian Federation], no 1, item 3 and no. 35, item 3503 (1995); no. 1, items 4 and 19 (1996); no. 29, item 3506 (1997); no. 33, item 3415 (2001); no. 12, item 1093 (2002)) the following amendments and modifications:

1) subparagraph 4 shall be worded as follows:

2) in subparagraph 6 the words “20 percent of the minimum monthly wage” shall be replaced by the words “1000 rubles”;

3) the following new subparagraphs 7, 8 and 9 shall be added:

4) subparagraphs 7, 8, 9 and 10 shall be redesignated as subparagraphs 10, 11, 12 and 13 respectively.

4. To insert into paragraph 4 of Article 7 of Federal Law No. 195-FZ of December 10, 1995 on the Foundations of Social Services for the Population in the Russian Federation (Sobraniye zakonodatelstva Rossiiskoi Federatsii, no. 50, item 4872, 1995) an amendment to be worded as follows:

“4. Foreign citizens permanently resident in the Russian Federation shall have equal rights with Russian citizens to social services, unless otherwise provided by an international treaty of the Russian Federation.”

5. To insert into Federal Law No. 128-FZ of July 25, 1998 on the State Fingerprint Registration in the Russian Federation (Sobraniye zakonodatelstva Rossiiskoi Federatsii, no. 31, item 3806, 1998; no. 11, item 1002, 2001) the following amendments and modifications:

1) part one of article 9 shall be supplemented with the following paragraphs “k” and “l”:

“k) foreign citizens illegally staying on the territory of the Russian Federation;

l) foreign citizens who have obtained a temporary residence permit.”;

2) line 5 of the first part of article 11 shall be worded as follows:

“persons indicated in article 9, part 1, paragraphs “i” – “l” of this Federal law, – internal affairs offices;”.

Article 37. The Duration of Temporary Stay in the Russian Federation for Foreign Citizens Who Arrived in the Russian Federation Before Entry into Force of this Federal Law under a Visa-Free Procedure

1. Foreign citizens who arrived in the Russian Federation before entry into force of this Federal Law under a visa-free procedure shall have to submit an application for a migration card to the territorial unit of the federal executive body in charge of internal affairs at their place of stay within sixty days from the date of entry into force of this Federal Law. The temporary period of stay in the Russian Federation for a foreign citizen who has received a migration card shall be not more than ninety days from the date of receipt of the migration card.

2. The temporary period of stay in the Russian Federation for a foreign citizen who arrived in the Russian Federation before entry into force of this Federal Law under a visa-free procedure and has not submitted a migration card application shall be calculated from the date of entry into force of this Federal Law.

Article 38. Entry into Force of this Federal Law

This Federal Law shall enter into force upon the expiry of three months from the date of its official publication.

President of the Russian Federation

V. Putin