New in Migration Law

On July 14, several federal laws that amend the regulation of the legal status of foreign citizens in the Russian Federation were adopted.

Federal Law No. 357-FZ¹

The main changes that came into force on July 14, 2022:

1. For visa-free foreigners, the possibility of changing the purpose of a visit to the Russian Federation without leaving the Russian Federation is become available²

   A foreign citizen who arrived in the Russian Federation on a visa-free basis for non-employment purposes now is allowed to change this purpose to employment one without leaving the territory of the Russian Federation. The relevant information about the change in the purpose of the visit shall be indicated by the foreign citizen in the application for the grant of a labor patent or by the employer in notification of the conclusion of an employment contract with a foreign citizen (if a patent or work permit is not required for employment).

2. The terms and cases of mandatory medical examination and fingerprinting are clarified³
   • Secondary medical examination of a highly qualified specialist (HQS) will be required while extending a work permit. For these HQS is granted a 30 calendar days period, which starts from the date of the decision to extend the validity of the work permit.
   • Foreign citizens who arrived in Russia before December 29, 2021, for the employment purpose or for unrelated ones but for a period exceeding 90 calendar days, are subject to mandatory medical examination and fingerprinting before January 10, 2023⁴.
   • In case of a change in the purpose of the visit to the Russian Federation, foreign citizens who can be employed without a work permit or a patent shall also undergo a mandatory examination and fingerprinting within 30 calendar days starting from the effective date of the employment contract, but no later than 90 calendar days starting from the date of entry into Russia.
   • Foreign citizens are subject to mandatory medical examination and fingerprinting when applying for a patent, if they initially entered the territory of the Russian Federation for non-employment purposes.

Changes that will take effect on January 11, 2023:

1. A temporary residence permit for educational purposes is being introduced. It will be available to foreign citizens and stateless persons studying in state educational or state scientific organizations in Russia.
2. The simplified procedure for obtaining a permanent residence permit (without obtaining a temporary residence permit) will be available for:
   • Foreign investors and their family members;
   • Citizens of the Donetsk People’s Republic, Luhansk People’s Republic, Republic of Kazakhstan, Republic of Moldova or Ukraine;
   • Foreigners entering the Russian Federation for permanent residence under the program of protection of the rights of immigrants.

Federal Law No. 237-FZ⁵

From January 1, 2023, foreign citizens will be able to obtain a certificate of compulsory medical insurance. Under the compulsory medical insurance program, the following persons will be considered insured:

• Foreign citizens temporarily residing in the Russian Federation;
• HQS permanently residing in Russia.

This eliminates the need for the employer to provide some employees with voluntary health insurance⁶.

¹ Federal Law No. 357-FZ of 14.07.2022 “On Amendments to the Federal Law “On the legal status of foreign citizens in the Russian Federation” and certain legislative acts of the Russian Federation”
² Section 2.1 of article 13.3, section 8.3 of article 13 of the Federal Law “On the legal status of foreign citizens in the Russian Federation”
³ Sections 13, 18-19 of Article 5 of the Federal Law “On the Legal status of foreign citizens in the Russian Federation”
⁴ Section 2 of Article 8 of the Federal Law No. 357-FZ
⁵ Federal Law No. 237-FZ of 14.07.2022 “On amendments to certain legislative acts of the Russian Federation”
⁶ Explanatory Note to the draft Federal Law “On amendments to certain legislative acts of the Russian Federation”