from ABIL Global Immigration Update

Some recent laws have been signed by the President of Russia and are due to come into force shortly.

One of the Federal laws (#3030-FZ "On amendment to articles 25 and 26 of the Federal law and on rules of departure from the territory of the Russian Federation and entrance to the Russian Federation") provides for long-term visas (for up to five years) for representatives and employees of multinational companies investing in Russia. The criteria for such companies will be stipulated by the Government of the Russian Federation. Such visas will be issued without any official invitation letter processed by Federal Migration Service (FMS), while the basis for a visa issuance will be the application of a particular authority stipulated by the Government of the Russian Federation and sent to a consular post of the Russian Federation.

Another amendment to this law (#321-FZ) suggests establishment of a ban on entry into the territory of the Russian Federation within three years for foreign citizens and persons without citizenship, who during their previous visit to Russia without a good reason overstayed for longer than 30 days beyond the end of the allowed term of stay.

The Criminal Code has also been amended to strengthen the responsibility for organizing the illegal entry into Russia of foreign citizens and persons without citizenship and their illegal stay and illegal transit, as well as for crossing the Russian border by those individuals whose entry into the Russian Federation is not authorized. The law provides for an increase in the fine amount of up to three hundred thousand rubles and increased terms of punishment for organizing illegal migration.

Employers can now file an electronic application via the Internet for employment and work permits (as well as amendments, renewals, and duplicate documents) to the FMS. However, paper documents still must be provided to the FMS while the application is pending.

In addition, the law allows employers to use foreign workers with temporary residence permits in the Russian Federation without any additional documents, such as employment or work permits.

from ABIL Global Immigration Update

The Russian government has approved several new decrees and laws, and extended the list of non-quota positions.

The Ministry of Labor of the Russian Federation approved Decree #567n on November 30, 2012, "On distribution of the quota approved for work invitation letters for 2013 among regions of the Russian Federation." 410,126 quota slots have been approved for the entire territory of the Russian Federation (last year it was 460,510 slots); 21,445 will go to Moscow, and 27,337 to Saint Petersburg.

The decree came into force on December 31, 2012. An expected decree on quota distribution between companies-employers has not yet been officially published.

In addition, the Ministry of Health and Social Development approved and published Decree #568n on December 3, 2012, on non-quota positions for 2013. This decree took effect on January 6, 2013, and companies that plan to use non-quota positions for employment of foreign nationals were able to begin the process immediately after January 9, 2013.

The list of non-quota positions has been extended and includes 59 positions

1    Circus performer     
2    Ballet performer     
3    Ballet performer (principal)     
4    Artist-musician (opera and chamber)     
5    Artist-musician (principal)     
6    Actor     
7    Orchestra performer     
8    Symphony (chamber) orchestra performer     
9    Deputy production director     
10    Deputy art director     
11    Ballet master     
12    General director of a joint stock company      
13    General director of a joint enterprise      
14    General director of an enterprise      
15    General director of general directorship      
16    General director of an inter-industry scientific venture     
17    General director of a production facility      
18    Senior principal engineer of a project     
19    Senior principal engineer (in industry)       
20    Director of the department      
21    Director (head) of a branch office      
22    Director of a plant       
23    Director of economic affairs      
24    Head of the Representative office     
25    Director of a factory      
26    Director (head, representative) of directorship      
27    Director (head, executive) of an enterprise      
28    Director of a firm      
29    Director of a joint stock company      
30    Director of a joint enterprise      
31    Band Director     
32    Deputy Chairman of the Board      
33    Sound engineer     
34    Sound supervisor     
35    IT security engineer      
36    Engineer of automation and mechanization of production procedures     
37    Industrial engineer     
38    Engineer for production control system     
39    Engineer for automatic process control system     
40    Engineer for realization of new technology     
41    Quality engineer     
42    Setting and testing engineer     
43    Engineer for production management and control     
44    Pre-production engineer     
45    Engineer-welder     
46    Design engineer     
47    Electrical engineer     
48    Ringmaster     
49    Stunt coordinator     
50    President of a consortium (consolidated group, corporation, etc.) (socio-economic entity)
51    Chairman of the Board      
52    Stage manager     
53    Production director     
54    Ballet coach     
55    Drilling technician     
56    Setting and testing technician     
57    Technician     
58    Choreographer     
59    Art director

from ABIL Global Immigration Update

On September 9, 2012, a bilateral agreement between the governments of the Russian Federation and the United States came into force. The proposed agreement simplifies visa procedures for persons of both nationalities wishing to receive a business, private, humanitarian, or tourist visa. The full terms of the agreement have not been finalized.

The main points of the agreement include:

·         Visas should be issued within 15 calendar days. In urgent cases, visas may be issued within 3 business days

·         Visas are valid for up to 3 years and allow a stay of up to 6 months at a time (as opposed to the current limit of 90 days)

·         No official invitation issued by an authority is required. However, the consulate may require documents confirming the purpose of travel and the availability of sufficient funds

·         If a passport is lost, persons of either nationality may leave the other country without an exit visa, provided an identification document is issued by the appropriate consulate or diplomatic post

·        Visa applications may be filed at consulates and diplomatic posts of Russia or the United States located in a country different from that of the person's citizenship or permanent residence.

It is unclear when these provisions will come into effect, but this agreement is expected to greatly simplify visa processes between Russia and the United States.

from ABIL Global Immigration Update

The work permit numerical limit for 2012 is 1,745,584; employers wishing to sponsor foreign workers in Russia in 2013 must submit their forecasts before May 1, 2012; the Federal Migration Service of Russia has penalized performers.

The Russian government has announced that the work permit numerical limit (quota) for 2012 is 1,745,584. The quota has not changed significantly since last year and permits will continue to be distributed among the various regions in the country. Companies wishing to sponsor foreign workers in Russia in 2013 must submit their forecasts to the local labor authorities before May 1, 2012.

There is also a list of 41 positions that are quota-exempt. Several new positions have been added to the quota-exempt position list since last year, including design engineers, electrical engineers, and technicians, among others. Also included on the list are circus performers, sound engineers, engineer-welders, ringmasters, and drilling technicians. Work permits for highly skilled professionals continue to be quota-exempt but such positions must meet strict salary requirements.

In other news, the Federal Migration Service of Russia has penalized bands that performed on March 9, 2012, at the "Disco of the 90s" show. Among others were bands such as Snap, East-17, La Bouche, and Culture Beat. Artists and signers did not have work permits, only tourist visas. Penalties ranged from US$80 to US$160. Organizers were assessed penalties of US$25,000.

This precedent makes clear that the Federal Migration Service sees the main criteria as the type of activity that will be conducted in Russia and not the period of stay. Before this action, no such penalties were imposed. Russian immigration legislation does not stipulate a special visa for foreign artists and signers, so they will have to obtain either a standard work permit for one year, which takes three months to receive and is subject to numerical limits, or a "Highly Qualified Specialist" work permit for three years. This also raises tax issues.