There is no registration in the database or why the business incurs losses
The transfer of registration and renewal of migration registration with checks at the Multifunctional Centre of St. Petersburg was completed in 2018 and revealed one serious problem - the delay in the introduction of migration registration into the database. We are talking about the CBD UIG database, in which all data concerning the identity and documents of a foreign citizen must be entered.
Why there was a delay in introducing migration registration into CBDUIG?
The process of transferring of receipt of documents and making a migration registration from the departments of the Federal Migration Service in the Multifunctional Centre (MFC), in fact, created an intermediary in making a migration registration in the person of the Multifunctional Centre.
The Multifunctional Centre’s workers are excellent specialists, they quickly and correctly process the documents submitted for blinking and in general are wonderful people. But there is one nuance - employees of the offices of the MFC do not have access to the database CBD UIG.
The data are entered into the database only by certified employees, that is, officers of the Administration for Migration Issues. Even civilian civil servants of the Administration for Migration Issues cannot work with a computer if they do not have adequate access.
This is the situation that in the office of the MFC the employer only submits documents for the employee's migration registration, the documents are transmitted to the Administration for Migration Issues where they are to be processed and entered into the database.
The transfer of such documents is not carried out daily. Moreover, due to the reduction of a large number of the Administration for Migration Issue’s inspectors, the documents transferred from the MFC are far from lightning-fast. According to the administrative regulations on migration registration, the data must be entered within 3 days (Articles 19-22 of the Administrative Regulations). In fact, this period is not respected.
Not so long ago, foreign employees of one of our clients were stopped at the metro station with a full set of documents and a valid migration registration drawn up for 4 !!! Months in advance before the arrest. But when checking, they were told that there is no registration in the database, and they were up to take these foreign workers to the department. They, of course, were brought to the department and were told horror stories how they would be immediately taken to the court and the judge would prints a deportation order. With our assistance, they were, of course, released. True, police workers did not apologize.
In addition, during the working day these workers were absent from the workplace, and the employer suffered losses, because he had to urgently look for temporary staff. And even the personnel officers of our client had to be nervous, because the department staff very often pronounced the phrase - «fake migration registration». And it was not fake in fact, it had not been filled into the database.
Attention: the employer and the foreign employee are not responsible for the non-registration of migration registration into the database.
In accordance with Part 3 of Article 20 of the Federal Law dated July 18, 2006 N 109- “On Migration Registration of Foreign Citizens”, the receiving party should only provide a notification of arrival.
Do not add to the database, do not check the legality or illegality of the previous migration registration. There are no such duties, and no authority for a commercial organization.
If you have recruited a foreign worker, put it on migration records, as evidenced by a mark on the tear-off part of the notice, you have fully fulfilled your duty and you can sleep peacefully.
Memo: What should a foreign worker do if migration registration is not into the database.
- Do not worry and do not resist the delivery to the department.
If there is a desire it is possible to detain and deliver to the department ANY citizen. The reason may be an unreadable receipt or a crumpled patent. Or an old passport picture. In no case can you resist the delivery to the department. This is a serious offense.
- All citizens delivered to the department are subject to registration in the journal.
This rule is stipulated by law in order to avoid the "permanently closed" citizens in the police department. And so that there are no frauds with terms of detention on the part of the department staff. At any time, the head may come to the department or even the duty prosecutor, who checks the log of those who have been delivered and who are actually staying there. If there are persons in the department who are not listed in the journal, police officials may be brought to justice.
Do not expect that when you arrive at the department you will be registered at that very moment. When delivering a large number of citizens (for example, a raid on a construction site), each one takes time.
And do not point it to the police again. They may be offended.
- The maximum time a citizen is kept in a department is 3 hours.
During this time, a citizen must be checked in all bases and the police officer must make a decision whether there is an administrative offence or not.
- The period of detention may be extended.
The grounds for extending the detention period in the police department may be the drawing up of a protocol under an article that is considered only by the court and provides for the imposition of punishment in the form of arrest (driving a car intoxicated), or expulsion of a foreign citizen (part 1, part 3, article 18.8, 18.10 of the Administrative Code of the RF). In this case, the citizen may be detained pending trial. This is usually less than one day. If a citizen is detained before or during the weekend, then its about 2-3 days.
Such an extension of the detention period can only be made when a protocol is drawn up, that is, when the police officers decided to refer the case to the court.
If the protocol after 3 hours of stay is not drawn up, you can ask for an exit.
- The representative of the employer may take the following measures:
Send the lawyer or another representative to the department where the foreign employee are staying with the documents confirming the existence of employment relations with the citizen and the employer's fulfillment of the duties stipulated by the 115th Federal Law
For example, notification of the conclusion of an employment contract with a mark of the Administration for Migration Issues or with a postal inventory.
But, as practice shows, police officers are not willing to contact the representatives of the employer, although the employer is the receiving party and is responsible for all documents of a foreign citizen.
All the employees of the territorial departments are aware of the problem of not including of the migration registration into the database, but they constantly detain foreign citizens, although such cases are never sent to court.
Attention: this procedure applies only to those employers and their foreign employees who are 100% sure of the legality of migration registration. That is, those who draw up migration registration by the forces of their personnel department or attracted lawyers at their location.
Below you can get acquainted with one of our cases. During the World Championships, a foreign citizen was stopped by police officers and held accountable for the lack of registration in the CBD UIG database. We appealed against this decision in time. The court upheld the position of our lawyers and ceased proceedings due to the absence of the event of an offense.
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