The foreigners in Russia: the survey of the legislative amendments being effective in 2015
The coming year 2015 has prepared a wide range of the amendments to the legislation regulating the legal state of the foreigners in Russia.
Firstly, the government of the Russian Federation yet again determined the quota for issuing to the foreign nationals and the stateless persons the permits for temporary residence in the RF. For the coming 2015 the quota is 126 055 permits with distributing on the constituent units of the RF.
The quota is distributed among the constituent units of the Federation as follows:
38 100 permits are planned to be issued in the Central Federal District including 8 th. in the Moscow region, 3 th. in both Tula and Kaluga regions, 2.5 th. in both Lipetsk and Belgorod regions;
11 075 permits - in the Northwestern Federal District, where 4 th. – in the Kaliningrad region, 1.5 th. in both Saint Petersburg and Novgorod regions;
6600 permits – in the Southern Federal District;
8400 permits – in the North Caucasian Federal District;
23 750 permits – in the Volga Federal District;
8380 permits – in the Ural Federal District;
20 070 permits – in the Siberian Federal District;
7780 permits – in the Far Eastern Federal District;
1900 permits – in the Crimean Federal District.
In the limit of such quota the visa of a temporary residing person is issued to a foreign citizen for a period of four months whom the entry into the RF is permitted for temporary residence.
In comparison with the previous year the quota has decreased. In 2014 the quota was 146 627 permits.
Secondly, since the 1st of January 2015 there are established the special details of the labour activity of the foreign citizens who have arrived in the Russian Federation in an order that does not require receiving a visa. Instead of a usual work permit patents will be issued to foreign citizens from the “visa-waiver” countries.
The quota for issuing patents to the foreigners from the “visa-waiver” countries is not provided.
The patent is fixed-term and issued to a foreign citizen for a period from one to twelve months.
The right to engage the foreigners from the “visa-waiver” countries on the considered conditions will be received by the employers and the customers of works (services) who do not have outstanding orders on appointing administrative punishment for illegal engagement of the foreigners to the labour activity in the RF at the moment of concluding with a foreigner an employment agreement or a civil contract for performing works (rendering services).
In accordance with the specified Law the employer or the customer of works (services) will be prohibited to engage the foreigners to the labour activity under the patent outside of the constituent units of the RF on the territory of which the patent was issued to this foreigner.
Next important modification is establishing a compulsory state dactiloscopic registration of the foreign nationals who have applied to the regional authorities of the Federal Migration Service of Russia for receiving the patent which provides the right to performing the labour activity in Russia.
The collection of the biometric personal data (scanning the papillary patterns of all fingers) of the foreigners and the stateless persons has been already provided when visa processing by them for entry into Russia or for transit passage via its territory pursuant the presidential decree of the Russian Federation since the 10th of December 2014.
The specific details of the foreign employees’ labour are also established in the new version of the Labour Code of the RF.
New Chapter 50.1 is included into the Labor Code of the RF which provides the special details of regulating the employees’ labour who are the foreigner citizens or the stateless persons.
Besides the foreign employees are obliged at the legislative level when performing the labour activity to have an existing voluntary medical insurance agreement (policy) on the territory of the Russian Federation or to have the right to receive medical treatment under the agreement on providing the paid medical services to a foreign employee concluded between the employer and a medical institution.