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Regarding new draft federal law "On the conditions of entry (exit) and stay (residence) in Russia of foreign citizens and stateless persons"


The Federal Portal of draft regulatory legal acts of the Ministry of Internal Affairs of Russia has a draft federal law "On the conditions of entry (exit) and stay (residence) in the Russian Federation of foreign citizens and stateless persons".

The development of this project was due to the need for an integrated and systematic approach to improving the regulatory legal regulation in the field of migration. In addition, this project will contribute to:

• creation of mechanisms of interaction with state bodies that are understandable for individuals and legal entities to perform,

• the widespread introduction of modern information technologies in the procedures for the implementation of state functions and the provision of public services in the field of migration.

The draft federal law provides for the regulation of the following aspects in the field of migration:

• the procedure for entry into and exit from Russia of foreign citizens;
• migration regimes in the Russian Federation;
• the procedure for migration registration of foreign citizens;
• measures to regulate the access of foreign citizens to work;
• mechanisms of administrative supervision over the legality of the stay (residence) of foreign citizens in the Russian Federation;
• administrative measures applied to foreign citizens.

The draft federal law also offers a number of new approaches:

• the possibility to change the purpose of stay of foreign citizens without leaving the Russian Federation during the permitted period of stay.

• introduction of a register of unscrupulous inviting persons.

• establishment of three migration regimes of stay (residence) in the Russian Federation, under which foreign citizens will be able to legally stay in Russia:

 - short-term stay mode (no more than 90 days in total during a calendar year);
 - long-term stay regime (over 90 days in total during a calendar year without obtaining a permanent residence permit);
 - permanent residence (indefinitely), while it is planned to refuse a temporary residence permit in the Russian Federation.

• regulation of labor migration will be carried out on the basis of two information resources:

 - electronic register of employers who attract foreign workers,
 - register of foreign employees.

• foreign citizens, regardless of the order of entry into the Russian Federation, will have the right to carry out labor activity at:

 - legal entities,
 - individual entrepreneurs,
 - individuals, paying personal income tax in the form of a fixed advance payment.
 - foreign citizens will be able to work as "self-employed" or carry out economic activities as an entrepreneur without forming a legal entity.

• expanding the tools for regulating the market for admission of foreign citizens to the labor market, and increasing the socio-economic validity of the measures applied.

• introduction of the concept of "administrative supervision over the legality of the stay (residence) of foreign citizens in the Russian Federation" instead of the function of federal state control (supervision) in the field of migration to designate a set of measures implemented by the internal affairs bodies of the Russian Federation in order to ensure compliance by foreign citizens, individuals, legal entities and individual entrepreneurs with legislation in the field of migration.

• the introduction of a new law enforcement regime "controlled stay" in order to ensure the fulfillment unconditionally by foreign citizens of the administrative coercion measures assigned to them, to prevent these persons from committing new offenses.

• fixing the requirement for foreign citizens to sign a loyalty agreement. A loyalty agreement is an official informed consent to the necessary conditions for entry into Russia, which imply compliance with the Constitution of the Russian Federation and legislation, refraining from actions that cause damage to the Russian Federation and its citizens, and that violation of the relevant prohibitions may result in denial of the right to enter or loss of the right to enter and stay in Russia.

• introduction of the generalizing concept of "expulsion" - as a system of measures of state coercive influence, in order to streamline the conceptual and categorical apparatus in the draft federal law instead of two independent concepts "administrative expulsion" and "deportation", which consist in the removal of a foreign citizen from the Russian Federation.

The publication of the submitted regulatory legal act entails the need to invalidate Federal Laws No. 115-FZ of July 25, 2002 "On the Legal Status of Foreign Citizens in the Russian Federation" and No. 109-FZ of July 18, 2006 "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation", as well as amendments and additions to previously issued regulatory legal acts.

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