During 2018 a lot of new laws were adopted in the field of migration and immigration law, which will affect the lives of the majority of foreign citizens in Russia. For example, the new rules of registration in the place of residence have completely changed the order and the place of registration of all foreign citizens in general. And this is way more than 10 million people.
Some laws have already came into force; some of them are going to come into force in 2019.
This is a very important article for those foreign citizens who are aimed to comply with the migration legislation of Russia and the rules of residence. Do not be lazy to read till the end and do not forget to share with friends.
The most important changes for foreigners in 2019:
- A patent and work permit in Russia
- New order of registration of foreigners
- The number of quotas for temporary residence permit has been reduced
- The procedure for obtaining the Russian Citizenship will be simplified
- Permanent residence permit will become indefinite
- Temporary residence permit and permanent residence permit will be paid
- Migration amnesty for Moldovan citizens
- The term of initial registration of residents of the Luhansk People’s Republic and Donetsk People’s Republic will be increased up to 180 days
- The ban on the work of foreigners in a taxi
- New form of the Russian passport
The monthly fee for a patent in St. Petersburg will increase again and will amount up to 3,800 rubles.
The increase in the value of the patent will affect both St. Petersburg and the Leningrad region. The cost of the patent in both regions for the last 4 years is the same, whereas in Moscow and the Moscow Region the advance payment for a patent for work is always different.
For example, in 2018, a patent for work in Moscow cost 4,500, and in the Moscow region it was 4,000.
In 2019, a patent for work in Moscow will cost 5,000 rubles and 4,750 in the Moscow region.
The cost of a patent for work has increased in almost all regions.
The procedure for making a registration of foreign citizens has changed completely. If before foreign citizens could be registered at the place of work or study, regardless of the place of residence, now the migration registration is issued strictly at the address where the foreign citizen lives.
Even if it is a construction change house without light, water and the sewerage.
Registration at the «left offices» and bureaus is a criminal offence for both the foreigner and the person who register him.
For foreign citizens the new rules of registration are quite an extensive topic, so in more details it is described in a separate article:
General things that a foreigner should know about registration:
- the address of registration must fully coincide with the address of residence,
- the employer or the university can no longer make a registration when admitting a foreigner for work or when entering any studying,
- registration cannot be bought in companies
- responsibility for the lack of registration is less than for a purchased or fake registration.
The number of quotas for obtaining a temporary residence permit is set every year somewhere around December by a government decree. The quotas for temporary residence permit for 2019 are established by the order of the Government of the Russian Federation No. 2496-p dated November 15, 2018 and amount up to 84 thousand 480 units.
For 2018 the government allocated 90.360 quotas for a temporary residence permit. The difference is almost 7 thousand quotas.
The number of quotas for a temporary residence permit in St. Petersburg and Leningrad region has not changed:
The number of quotas for a temporary residence permit in St. Petersburg for 2019 is 1,500.
The number of quotas for a temporary residence permit in the Leningrad region for 2019 is 400.
Interestingly, the number of quotas on a temporary residence permit in St. Petersburg is less than in Belgorod (2,500 quotas), Lipetsk (2.000 quotas), Moscow (2.000 quotas), Tula (2.000 quotas), Novosibirsk (2.000 quotas), Omsk (2.200 quotas) regions, Stavropol Territory (2.250 quotas) and Bashkiria (1.700 quotas).
The Samara region is generally the champion in the number of quotas for a temporary residence permit for 2019 - 3,800 units, which is 2.5 times more than in St. Petersburg, although the population in the Samara region is 2 times less than in St. Petersburg.
The second place in terms of the number of quotas for a temporary residence permit is occupied by Krasnodar Territory, Saratov and Rostov regions - 3,500 units.
The lowest quantity of quotas for a temporary residence permit are in the Nenets Autonomous Okrug - its about 50 quotas. In Tyva, Mari El, Chuvashia and the Kirov region - 100 quotas each, in the Altai Territory - 120 quotas, and in the Jewish Autonomous Region - 200 quotas.
Why do they reduce the number of quotas on a temporary residence permit you can read in the next section.
The simplified procedure for obtaining citizenship of the Russian Federation will affect several categories of foreign citizens at once.
The procedure for obtaining citizenship will be simplified for the following categories:
- Graduates of Russian universities
- Ukrainians and Belorussians
- The citizenship will be given by the president
The procedure for obtaining citizenship can be simplified (plans were announced, but there is no bill yet) for the followers of the Orthodox Church, who live in Ukraine. Such citizens will be equated to those persecuted for religious reasons.
Please note that by simplifying the process of obtaining citizenship, the government leaves same numbers of quotas for a temporary residence permit or even reduces them. This is due to the fact that by granting citizenship, Russia makes communication with a specific citizen stronger and more lasting.
For example, a citizen of Ukraine with a temporary residence permit will officially work, but in the same time he will save all the money he has earned and send it to place where his family lives. If such a foreigner obtains Russian citizenship, he will most likely sell an apartment in Ukraine and move to Russia - he will buy a house, a car. The money they earn will cease to leave Russia. And what if such foreigners will be hundreds of thousands?
The government has finally understood it. Let's look at the result.
Currently, the permanent residence permit has a limited period of validity - 5 years (after a Temporary residence permit) or 3 years (for Highly Qualified specialists or Native speaker of Russian’s program participants).
The Ministry of Internal Affairs, complying with the presidential instructions on easing the migration regime, proposed to cancel the term of the permanent residence permit, that is, to make a residence permit indefinite, but not for all categories.
For example, the permanent residence permit of a highly qualified specialist will remain tied to the period of validity of the work permit and will be only for 3 years.
In fact, the permanent residence permit had already been indefinite. Until 2002, resident foreign citizens were not required to renew their residence permit.
The Ministry of Internal Affairs actually returns the former order of residence on permission, without particularly simplifying the procedure for living with a permanent residence permit: the obligation to submit annual notifications will remain, there will also be an opportunity to cancel or refuse a permanent residence permit from the staff of the Ministry of Internal Affairs.
In addition, offering to make a permanent residence permit, the Ministry of Internal Affairs at the same time asks to increase the state duty for issuing a permanent residence permit.
The state duty for issuing a permanent residence permit in 2018 is 3 thousand 500 rubles and has not been changed for several years. Simultaneously with the establishment of an indefinite action, the state duty for issuing a permanent residence permit will be increased up to 5 thousand rubles.
By the way, the Ministry of Internal Affairs earned more than 770 million on issuing a permanent residence permit in 2017.
Replacing the 5-year-old permanent residence permit with a new (perpetual), according to estimates of the Ministry of Internal Affairs will bring more than 3 billion.
Foreign nationals with a temporary residence permit and a permanent residence permit who do not have an official place of work will be required to make periodic payments. Just like foreigners working on a patent do now.
Why is it so?
Currently, a foreigner with a temporary residence permit or a permanent residence permit is required to provide annual confirmation of his residence, in which he indicates also his place of residence and work.
According to statistics from the Ministry of Internal Affairs there are more than one million people with a temporary residence permit and a permanent residence permit live in Russia.
According to the same statistics, more than 60% of all such foreigners do not work, but at the same time go to hospitals, take children to state kindergartens and schools, receive pensions and benefits, that is, use social infrastructure, but at the same time they do not pay taxes.
In fact, almost all foreigners with a temporary residence permit and a permanent residence permit work (except mothers with children), but they work not quite officially, without an employment contract. And the employer does not pay taxes and fees for such foreigners.
When filing an annual confirmation of their residence, the owners of a temporary residence permit confirm the availability of livelihood by a usual bank statement or a certificate of the availability of funds.
Is it legal? Yes, for now. Is it fair? Not really.
Under the new law, foreigners with a temporary residence permit and a permanent residence permit will have 2 ways to confirm the availability of funds - either a certificate of employment or self-payment of insurance and pension contributions.
How a temporary residence permit or a permanent residence permit will be paid is not known yet. This can be either a monthly payment or a one-time annual payment.
The amount of payment for a temporary residence permit and a permanent residence permit is likely to vary in different regions, as well as the cost of the patent.
It is time for foreigners with a temporary residence permit and a permanent residence permit with an unofficial place of work to think about official registration. Or they should think about starting looking for a new job with proper labor registration and payment of taxes.
The amnesty of 2019 has a number of significant positive differences from the amnesty of 2014 and 2018.
In 2018 more than 20 Moldovan citizens asked the lawyers of the company Migration Lawyer for legal support during the amnesty. We refused to provide help for 18 citizens of Moldova. Two citizens of Moldova received legal status with our help.
Our bureau strongly criticized the Migration amnesty of 2018.
During the work in this area, we identified the following disadvantages:
- lack of information
- the amnesty was not covered by the Russian authorities
- vagueness of wording regarding who is subjected to migration amnesty
- short dates
A negative review was published, even in the communities of national associations of immigrants from Moldova.
You can read the full review in a separate article:
The migration amnesty for Moldovan citizens is different in a positive way. The final results will be visible at the end of the ongoing amnesty.
A wonderful New Year's gift for citizens of Luhansk People’s Republic and Donetsk People’s Republic was made by Prime Minister Medvedev - it is the Government Decree No. 1744 that was signed on December 29, 2018.
The said Decree establishes the period of uninterrupted stay of the citizens of Ukraine for their Luhansk People’s Republic and Donetsk People’s Republic up to 180 days from the date of entry.
The decree does not contain the terms for concluding an employment contract or applying for asylum.
Thus, natives of Luhansk People’s Republic and Donetsk People’s Republic are the only category of all foreign citizens who can be registered immediately for 180 days from the time of entry without any conditions.
Who can stay and be registered for 180 days:
- permanent residents of the areas of Luhansk People’s Republic and Donetsk People’s Republic.
Be prepared that when entering on a Ukrainian passport, you may be asked the internal passport of Ukraine, where there is a seal with a registration. Temporary registration in Luhansk People’s Republic and Donetsk People’s Republic will not be suitable for processing migration registration in Russia immediately for 180 days.
- those who entered Russia from January 9, 2019
Government Decree No. 1744 of December 29, 2018 came into force on January 8, 2019. The possibility of uninterrupted stay for a period of 180 days will apply to residents of Luhansk People’s Republic and Donetsk People’s Republic who entered after that date.
Although legally staying residents of Luhansk People’s Republic and Donetsk People’s Republic, in the presence of migration registration, will be able to contact the Federal Migration Service departments for renewal of registration without going to Ukraine.
Please note: if a citizen of Ukraine who permanently resides in Luhansk People’s Republic or Donetsk People’s Republic enters Russia for the purpose of working and registers immediately for 180 days, and in the future he wants to apply for a patent for a job, he must remember that he can only apply for a patent during the first month of stay, like other categories of foreign citizens.
You cannot enter, register for 180 days and apply for a patent in the last month of legal stay. Changes in the Federal Law No.115 regarding the registration of a patent for work by residents of Luhansk People’s Republic and Donetsk People’s Republic have not yet been made.
Government wants to ban foreigners from working in taxis for a long time, but so far they have failed. In 2017 foreigners were banned from driving passenger and cargo vehicles without undergoing retraining and obtaining Russian driver license.
In 2018 restrictions were set at 30% on the number of foreign drivers in transport companies.
The new draft law “On state regulation in the field of passenger taxi transport” does not provide for the possibility of allowing foreign citizens to work as taxi drivers.
Thus, foreign citizens, even with a patent for work and a driver's license of the Russian sample, will lose the opportunity to work in a taxi.
Most likely, this ban will not apply to citizens of the EAEU states, but at present the head of the State Duma Transport Committee E. Moskvichev has announced plans to ban all foreigners to work as a taxi driver, including those with a temporary residence permit and a permanent residence permit.
Not the most global change, but the most long-awaited. For the first time in 20 years the form of a Russian passport will be changed. Changes to the Russian passport will be made only on the last page, which lists the rights and obligations of the holder of the document.
The Ministry of Internal Affairs wants to register on this page a reminder that a passport that is not replaced at 20 or 45 years old, or after changing the surname, name or gender becomes invalid.
This change will affect only citizens of Russia and those foreign citizens who in 2019 will manage to get Russian citizenship.
That is what we wish to everybody.
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