New law on the legal status of foreign individuals in Russia

On the 29th July the Russian President signed the bill "On the Legal Status of Foreign Citizens" which will now come into force at the beginning of November 2002.

The law distinguishes three different categories of foreigners: those who need a visa to come to Russia; those who live in the country temporarily; and those in possession of a "green card" equivalent, who are entitled to live in Russia on a permanent basis.

The law provides that all companies intending to employ foreign workers must first obtain a permit for hiring foreigners and then an individual work permit for each employee. The employer can then proceed with an invitation that will have to be approved by the registration authorities. An individual permit is given for a term of maximum one year; the procedure of prolongation of work permits is yet to be established by the Government Decree. Previously, foreign companies that had some foreign ownership and wished to hire senior management did not need to obtain a permit for hiring foreigners.

Those who intend to stay in Russia and obtain "a green card" equivalent in the near future will be required to obtain a Temporary Residence Permit at first and then in three years to file documents to obtain a "green card" equivalent.

The legislation does not expressly require foreigners who already work in Russia to comply with the new requirements. It is therefore likely that only upon a change in their status will the legislation have an effect on them.

One of the controversial new developments is the Migration Record Card, which is to be given to foreign visitors on their arrival, and then handed back in on departure. Migration Cards are only to be given to foreigners who do not need a visa to come to Russia as stated in Intergovernmental Agreements on non-visa entry to countries (for example, between Cyprus and Russia or Russia and some CIS countries). The information contained on the Migration Record Cards will be entered into the Federal Information Database (yet to be established) on which details of foreign individuals visiting or working in Russia will be compiled.

Generally speaking, the bill appears to represent a step backwards and highlights the dichotomy, which currently exists between the desire to expand the tourism industry and the need for tighter immigration control. There have also been calls by opponents of the bill to amend it, as it flies in the face of Russia's libralisation and its efforts to revise previous protectionist policies.

For further information please contact David Griston at [email protected] or on 00 7 095 2585000