On April 18, 2020, the President of the Russian Federation signed a decree1 “On temporary measures to regulate the legal status of foreign citizens and stateless persons in the Russian Federation in connection with the threat of the further spread of a new coronavirus infection (COVID-19)” (“Decree”). The measures provided for by the Decree are limited in their duration — from March 15 to June 15, 2020, inclusive. Below we will consider the main measures established by the Decree with respect to foreign citizens who came to Russia both on a visa-free and visa basis, as well as stateless persons (hereinafter jointly referred to as “foreign citizens” as well):
1. Suspension of the validity of expiring documents
The validity period of the following documents is suspended if it expires between March 15 till June 15, 2020:
- Visa
- Work permit
- Labor patent
- Permit to engage and use foreign employees
- Temporary residence permit
- Residence permit
- Migration card with expired marks on it
- Refugee certificate
- Certificate confirming that a request for recognition of refugee status is under consideration on the merits
- Certificate of temporary asylum in the Russian Federation
- Certificate of the participant of the State program
As additionally explained by the Russian Ministry of Internal Affairs2, the validity of the above documents that expires during the specified period, is to be extended automatically. This is applied to all foreign citizens located on the territory of the Russian Federation.
At the same time, please note that this measure is temporary and is valid till June 15, 2020. Starting from June 16, 2020, foreign citizens located in Russia will be required to have valid documents allowing them to stay and work in Russia. To do this, it is recommended to take all necessary actions to extend the terms of expired documents till June 15, inclusive. At the moment, the migration units of the territorial offices of the Ministry of Internal Affairs continue their work3, so if there is a need to continue using any of the above permit documents after June 15, it is required to extend its validity in light of the situation in the relevant region and provided the abidance by existing restrictive measures.
2. Suspension of the expiring validity period
The validity period of the following is suspended if it expires between March 15 and June 15, 2020:
- Temporary stay
- Temporary residence
- Permanent residence
- Migration registration terms
Similarly, if there is a need to stay in the Russian Federation after June 15, 2020, it is recommended to make all required efforts before the temporary measures established by the Decree are terminated.
3. Employers and customers of services (works) have the right to engage foreign citizens without the need to receive work permits or labor patents, subject to restrictions aimed at the sanitary and epidemiological welfare of the population
It should be noted that given this temporary measure, the employer must still comply with the general existing requirements of migration laws governing the process of engaging foreign citizens. Thus, to employ citizens who have arrived in the Russian Federation on a visa base, the employer must have a permit to engage and use foreign employees; the employer’s obligation to notify of the conclusion of an employment contract with a foreign citizen remains in force, etc.
4. Temporary suspension of liability measures’ application
Foreign citizens are temporary not subject to decisions on the undesirability of their stay (residence), administrative expulsion from the Russian Federation, deportation or transfer to a foreign state under the international treaty of the Russian Federation on readmission, decisions on the revocation of refugee status, temporary asylum, cancellation of previously issued visas, work permits, labor patents, temporary residence permits, residence permits, certificates of the State program participant.
This measure applies to the decisions to be made between March 15 and June 15, 2020 and does not apply to previously made similar decisions. Decisions made before March 15, 2020, are not canceled by the Decree in any way.
1
Decree of the President of the Russian Federation No. 274 of 18.04.2020
2
https://xn—b1aew.xn—p1ai/news/item/20008250 (in Russian)
3
Letter of the Russian Ministry of internal Affairs No. 1/2964 of 19.03.2020