The Ministry of Internal Affairs of the Russian Federation

06/15/2021 | Press release | Distributed by Public on 06/16/2021 05:39

Russian Ministry of Internal Affairs informs about extension of temporary measures for foreign nationals

The President of the Russian Federation has issued Decree No. 364 of June 15, 2021, under which, after June 16, 2021, temporary measures to resolve the issues of the legal status of foreign nationals and stateless persons in the Russian Federation are extended for the period of overcoming the outcomes of the spread of the new coronavirus infection (COVID-19).

What temporary measures does the Decree provide for after June 16, 2021?

From June 16, 2021, there shall be suspended the recording of the duration of temporary stay in the Russian Federation of foreign nationals and stateless persons who are in the Russian Federation and who have citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence in a foreign country, the period of time for which such foreign citizens and stateless persons are registered at the place of stay, as well as the validity of the visa and the migration card (with the marks made in them);

The validity of the certificates of a member of the State program to assist voluntary resettlement to the Russian Federation of compatriots living abroad, valid as of March 15, 2020;

The validity of temporary residence permits and residence permits valid as of March 15, 2020, if foreign nationals and stateless persons with such documents are outside the Russian Federation;

The periods of stay outside the Russian Federation of the participants of the State program and members of their families, foreign citizens temporarily and permanently residing or who are highly qualified specialists, if these categories of foreign citizens have not entered the Russian Federation before the expiration of 6 months of stay outside the Russian Federation, which is necessary for taking decisions to annul the relevant documents.

From June 16 to December 31, 2021, the period of temporary or permanent residence of foreign nationals in the Russian Federation, the terms of their registration at their place of residence, as well as the validity of the refugee certificate and the certificate of granting temporary asylum in the territory of the Russian Federation shall be suspended.

How long shall temporary measures apply to foreign nationals?

Temporary measures for foreign nationals and stateless persons shall be in force from June 16, 2021 until the expiration of 90 days from the date of the lifting of the temporary restrictions imposed by the Russian Federation on transport communication with the state in which they are a citizen or in which they have the right of permanent residence.

The list of foreign countries subject to lifting the temporary restrictions imposed by the Russian Federation on transport communication (indicating the date of the lifting of such restrictions) shall be approved by the Government of the Russian Federation.

In which cases are foreign nationals exempted from going to the internal authorities to settle their legal status?

The period of temporary stay in the Russian Federation shall be extended without foreign citizens and stateless persons' application to the territorial authorities of the Russian MIA:

If, as of June 16, 2021, they have valid visas, documents with stamped period of authorized stay, or confirming temporary or permanent residence in the Russian Federation;

whose end of temporary stay was falling on the period after March 15, 2020 and the expiration of those terms was suspended without the need to apply to the territorial authorities of the Russian MIA.

In which cases are foreign nationals exempted from going to the internal affairs authorities to settle their legal status?

Foreign nationals and stateless persons who have arrived in the Russian Federation before March 15, 2020 and have no legal grounds to stay in the Russian Federation as of June 16, 2021, as well as those who have not left the territory of the Russian Federation after the resumption of transport communication with the state of which they are a citizen or in which they are entitled to reside permanently , shall be given the opportunity to apply to the territorial authorities of the Russian MIA with a statement for settlement of their legal status by September 30, 2021. If foreign nationals apply with such a statement, they will not be subject to state coercion measures involving the deportation from the Russian Federation and the imposition of a ban on entry into the Russian Federation.

This preference to settle their legal status in the Russian Federation also applies to nationals of foreign Countries with expired authorized stay, temporary or permanent residence in the Russian Federation due to the expiration of 90 days from the date of the resumption of transport communication with their national state and if they have not left the territory of the Russian Federation within the specified time limit.

Please note that foreign nationals and stateless persons who have settled their legal status, within the framework of the opportunity provided by the Decree, within the permitted period of stay in the Russian Federation will be able to apply to the territorial authorities of the Russian MIA for issuing work permits or permits for temporary or permanent residence in the Russian Federation.

Foreign nationals and stateless persons who do not wish to settle their legal status are granted the right to travel outside the Russian Federation until September 30, 2021.

How do temporary measures affect the rights and responsibilities of foreign workers and their employers?

Until December 31, 2021 employers who have permits to hire foreign workers have the right to apply for work permits for foreign nationals who have arrived in accordance with the visa application, regardless of their purpose of entering the Russian Federation.

For citizens of Azerbaijan, Moldova, Tajikistan, Uzbekistan and Ukraine there has been extended until December 31, 2021 the right to apply for a patent without taking into account the requirements for the deadline for filing documents and the stated purpose of entry into the Russian Federation.

For citizens of the member states of the Eurasian Economic Union there has been also provided the opportunity to enter into labor or civil contracts until December 31, 2021regardless of the purpose of entry into the Russian Federation.

Foreign nationals will be able to work until the expiry of employment or civil contracts, as well as issued patents or work permits, including after June 16 and until December 31, 2021.

Are there restrictions on the application of temporary measures?

Like in the past, the temporary measures established by the Decree do not apply to persons who pose a threat to public safety and the rule of law.

After June 16, 2021, there shall be resumed the law enforcement practice related to the revocation of previously issued work permits or patents, temporary residence permits and residence permits, except for the grounds of the foreign nationals stay outside the Russian Federation for more than 6 months.