Secrets of registering foreign citizens at their place of stay. Migration registration: rules Migration registration of foreigners

Are you here: For dismissal

Migration registration of foreign citizens in the Russian Federation or temporary registration of foreigners, as many call it, is a mandatory procedure for every foreign citizen staying in the territory of Russia, regardless of whether he arrived with a visa or a visa-free procedure.

That is, every foreigner who enters Russia must register with the migration service in order to legally stay on the territory of the Russian Federation.

The article will help you quickly figure out how the receiving party can register foreigners upon arrival in Russia, how to collect the required documents within a certain period of time, correctly fill out the notification of arrival form and promptly inform the regulatory authorities in order to avoid fines and the possibility of deportation from Russia.

Law on Migration Registration of Foreigners

Federal Law No. 109 of July 18, 2006 “On migration registration of foreign citizens and stateless persons in the Russian Federation” regulates the procedure for registering foreign citizens who arrived in Russia as:

Tourists (for sightseeing, getting to know culture and traditions).
Personnel (for employment or those who have already signed a contract with Russian companies).
Students (entered Russian educational institutions to obtain higher education).
Guests (for the purpose of a private visit to friends, relatives).

The law determines the list of a citizen’s personal data, the accounting procedure, measures for observing the rights, obligations and liability for violation of the law for foreigners, the methodology for collecting, analyzing and applying statistical data for the development of Russia’s migration policy.

Registration with the local authority of the Department of Migration Affairs of the Russian Federation (UFMS) is carried out, in standard situations, in a notification procedure and is carried out at the address of the residence where the foreigner lives or is located.

Citizens of the Russian Federation.
Citizens who are not citizens of the Russian Federation, if they have a temporary residence permit or residence permit.
Organizations, their branches, government agencies that employ foreigners under employment contracts.
Citizens of other countries recognized by the law of the Russian Federation as highly qualified specialists (can register members of their family).

In addition to the responsibilities of observing the registration procedure for arriving guests of the Russian Federation, the receiving party also has responsibilities, namely: to notify about registration, provide housing, bear responsibility for the actions of a foreigner, his ability to pay expenses in the territory of the Russian Federation, payment for the medical services provided.

Persons who should not register for migration

Some foreigners do not need to register in accordance with paragraph 6 of Article 20 No. 109-FZ:

Representatives of government authorities, members of government delegations of other countries and members of their families who arrived at the invitation of the government of the Russian Federation and constituent entities of Russia.
Crew members of military and civilian ships and aircraft, provided they stay for less than 24 hours or do not leave the airport or port area.
Train staff, if they do not leave the area of the train arrival station.
Highly qualified specialists and families (if he arrived in Russia for a stay of less than 90 days or a change of residence for less than 30 days).
Foreigners who arrived in Russia on transit flights.
Tourists, if the trip takes less than 7 days.

Step-by-step installation procedure

Step-by-step procedure for registration:

The migration card is a numbered document and requires careful storage until leaving Russia

List of standard documents

The full list of documents required from a foreign person contains:

Passport of the country of issue (+ copy).
Migration card (citizens of Belarus do not provide a card) and a copy.
Photocopy of visa (for foreigners arriving from visa countries).

The package of documents of the receiving party differs significantly and depends on the person speaking to it.

For a representative - an individual, the following package of documents should be prepared:

Passport of a citizen of the Russian Federation or another state, subject to confirmation of the right of permanent residence in Russia and a copy.
A copy of a document confirming ownership of the residential premises where the foreigner will reside and register.

For the receiving party represented by the organization (future employer), prepare a package of documents according to the following list:

A copy of the OGRN certificate.
A copy of the TIN certificate.
A copy of the notification received from the Federal State Statistics Service.
A copy of the order or decision of the founder, meeting of founders on the appointment of a director.
A copy of the director's passport.
A copy of the employment contract with a foreigner.
Information about the organization indicating the address and contact phone number.
A copy of the lease agreement or a copy of the document confirming the ownership of the premises.
Original extract of the Unified State Register of Legal Entities (date of issue should not exceed 2 months at the time of provision).

An employer can register foreign employees only subject to registration and accreditation as an employer in the federal migration service with the issuance of supporting documents and assignment of a registration number.

Rules for filling out the notification form for the arrival of a foreign citizen

The notification form for registering foreigners is approved by Order of the Ministry of Internal Affairs of Russia dated November 23, 2017 N 881 and is filled out by a representative of the receiving party. It is worth noting that since 2018 the form has been changed and in the previous version it is not accepted by the regulatory agency.

When filling out the form, pay attention to the inadmissibility of errors or corrections; carefully fill out all fields, because This document is the main document provided to the Federal Migration Service when registering a foreign person on the territory of the Russian Federation.

Upon receipt by FMS employees, the notification is carefully checked for correctness of execution, compliance of the data with the documents provided and the available information in the database.

If completed correctly, a mark indicating receipt of the notification is made, and the counterfoil is returned to the receiving party. It is this spine that is the document confirming registration.

In section 1 of the notification, please indicate the following data related to the foreigner:

Last name, first name, patronymic, nationality, birthday, gender.
Information about the place of birth, indicating the state, city, locality, indicated in the foreigner’s passport.
Information about the identity document indicating the type and number of the document, date of issue and validity period.
Visit purpose.
Profession.
The duration of stay in Russia stated on the migration card or visa.
Series and number of the migration card received at the border.
Data on representatives in Russia (parents, adoptive parents, parents) and the address of the previous place of stay in Russia.
Full address of the place of stay, indicating the end date of the stay (the fields are located on the form behind the tear-off line).

In section 2 of the notification form indicate information about the address of location on the territory of Russia (the information is duplicated from the tear-off part).

Section 3 is filled in with information about the receiving party:

If you are an individual: check the box located to the right of the inscription “individual” and indicate personal data and passport information.
If you are a representative of a legal entity: check the box to the right of the “Organization” field and indicate the full name of the organization indicating the actual address, TIN number of the organization, personal and passport details of the organization’s representative, and the representative’s residential address.

The detachable part contains the surname, first name and patronymic of the individual. The signature is placed in the main and detachable parts of the form.

Below is the notification form for the arrival of a foreign citizen or stateless person at the place of stay:

Below is a completed sample of a notice of arrival of a foreign citizen:

Actions of a foreigner upon entering the country

If a foreigner has arrived in Russia for the purpose of tourism and traveling across the expanses of Russia, first of all he needs to check into a hotel. In this case, the functions of the receiving party are assigned to the administration of the hotel where the citizen of another state resides.

The administration is responsible for notifying the local authority about the reception of a foreigner within 1 working day from the date of check-in. To do this, you will need to provide a passport of your country of citizenship, a migration card and a visa.

Copies of documents, execution of notification forms and transfer of information to regulatory authorities will be carried out by a hotel employee.

Procedure for deregistration

In addition to registration, the regulatory act provides for the grounds and procedure for deregistration of citizens of another state, which is prescribed in Article 19 of Federal Law No. 109:

Responsibility and penalties for late registration

The law also provides for punitive measures for violation of the obligation to register, provision of false documents, false information, violation of deadlines, both for the foreigner and the receiving party.

The loss or absence of documents confirming that a foreign person has the right to stay on the territory of Russia is also considered a violation of the law on migration registration. Violation of the deadline for leaving the country is also a serious violation.

As a punishment, a foreigner will have to pay a fine of 2,000 to 5,000 rubles, depending on the region of residence. In case of violation of the terms of stay, the legislation of the Russian Federation provides for the possibility of forced deportation with a ban on returning to Russia for a certain period.

If the deadlines for notification of registration are violated, the following fines are imposed:

2000-4000 rubles for private individuals.
35,000-70,000 rubles for officials of the employer.
400,000-1,000,000 rubles – for organizations with the possibility of imposing a ban on conducting activities for up to 90 days.

Registration of foreign citizens for migration is especially relevant for Russia, given its role in the region. All arrivals undergo control, their data is entered into special registers. Thus, information and personal data in the field of migration legal relations are systematized.

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In most cases, the procedure consists of providing certain information to government authorities and notifying them of your arrival.

What it is

Everyone entering the country must undergo a mandatory procedure - migration registration. Its second name is temporary registration. It represents the submission to services or the Ministry of Internal Affairs of information about the arrival on the territory of the state of persons with a different citizenship or without it at all.

Do I need to get up

Regardless of how entry is carried out - visa or visa-free - the procedure is mandatory for everyone.

Everyone who crosses the border must register with the Federal Migration Service or the Main Migration Department of the Ministry of Internal Affairs.

Only then will staying in Russia be legal, which will give access to other services, for example, official employment.

The procedure for registering foreign citizens for migration

The essence of the procedure is to inform the relevant authorities about arrival at the place provided by the receiving party (work, rental housing). The basis for registration is the fact that a notification has been submitted to the departments.

The specified message is filled out on a special form with a tear-off slip on which a mark indicating acceptance of the application is placed. It must be saved as it serves as confirmation of registration. For citizens of different countries, conditions may differ in terms of terms.

Video: Production deadline

Who can deliver and in what time frame The standard period for getting your appearance at your place of stay is 7 days from the date of arrival.

Exceptions are citizens of some regions of the EAEU and Tajikistan.

An important nuance should be noted: an application (completed standard form) is provided by the host, that is, the employer where the guest worker is employed, the owner of the housing that is rented to him.

There are also time limits exceptions for citizens of some countries:

The duration of the initial appearance is up to 90 days, regardless of citizenship, this means that the immigrant has the right to stay on Russian territory for a maximum of this period.

After its expiration, it must either leave or continue registration if certain grounds exist.

The first 4 positions in the table are the EAEU. The Russian Federation allows its subjects to complete initial registration up to 1 year, but only if they have a work patent and an employment contract. The period of stay is extended by its validity, but not more than by 12 months.

Penalties for violating the rules range from 2 thousand to 7 thousand rubles, and a ban on deportation from the state with or without an entry ban is also applied.

Migration registration of foreign citizens is carried out by the territorial bodies of the Federal Migration Service and the migration department of the Ministry of Internal Affairs at the place of registration.

Documents can be submitted through the MFC, government service centers, and also sent by mail - in these cases, the implementation time will be slightly longer.

By place of stay

The receiving party at the place of stay of the arrival is of primary importance; it is she who submits the message. These are the following entities:
Russian citizens with registration at the place of residence or who own their own housing where the visitor stays;
foreigners with a residence permit and registration in the Russian Federation at the same time, as well as those who own their own housing. The latter themselves are the receiving party in relation to themselves, they can register on their own, but they do not have the right to do this for other visitors, as well as members of their family;
nationals of other states with the status of a high-qualifier with their own housing in the Russian Federation can register themselves and their family members;

The procedure is available to legal entities of the Russian Federation - they can act as the receiving party. The same applies to international organizations and government bodies of the Russian Federation.

Actions of the recipients:
after the arrival of a foreigner, fills out a notification form based on the information provided by him (map, passport, visa);
the person providing the premises is obliged to present his identification documents, submit a Russian passport and an immigrant card (copies);
a FMS employee checks the data and puts a stamp on the form indicating acceptance of the applicant;
the tear-off portion of the form is given to the applicant, who gives it to the alien.

Stages:

entry and receipt of a card;
arrival at the person providing housing (work), who fills out and submits an application and other data to the Department of Internal Affairs of the Ministry of Internal Affairs (we will indicate them below). You can submit through the MFC or by mail, but you still ultimately need to go to the branch to receive a tear-off coupon and to affix signatures;
the UVM checks the information and enters it into the database;
then a mark is placed on the tear-off part and given to the applicant, who in turn gives it to the immigrant.

After these manipulations, a foreigner can stay in Russia for up to 90 days, after which he needs to extend this period, if there are grounds (for example, a work patent) or leave for 3 months.

There is no need to report your departure - the data enters the Ministry of Internal Affairs databases automatically.

Through the public services portal

To complete the procedure, you need to go to the government services website, register and create a personal account, select the appropriate service, and read the rules and description of the process. Next, you need to select “receive a service”.

The user will be redirected online to a page with an electronic application form. In this case you need to log in. The form is filled out electronically and also sent through the same resource (click “submit application”).

After successful completion of the above, the progress of consideration of the application can be monitored in your personal account (“my applications”). It is reviewed within 3 days.

The user receives a message (by email or mobile) when he needs to arrive at the Department of Internal Affairs of the Ministry of Internal Affairs to complete the procedure. You must have all original documents with you.

The Ministry of Internal Affairs website has a section for checking the status of permits.

Through MFC

Documents from individuals can be submitted to the MFC at the foreigner’s place of residence, from legal entities and individual entrepreneurs - to any office, regardless of location.

The procedure is similar to that if an application was submitted at the UVM office.

When you contact the UVM in person, confirmation is issued immediately, and the same applies to the MFC. If you did it through government services, then the form is sent directly to the electronic service and within 3 days the citizen is notified when he needs to come with the original documents to sign the necessary papers.

During the visit, a tear-off coupon with a mark is immediately issued.

Information about the arrival appears in the electronic databases of departments within the following time frames: Ministry of Internal Affairs - 3, Tax Service - 10, Statistics Authorities - 30 working days.

List of documents

You must provide a notification, an immigrant card and the next one to the UVM. For legal entities (appearance at place of work):

certificate of state registration of the company;
extract from statistical authorities;
Unified State Register of Legal Entities (original up to 2 months old);
order for the appointment of a manager and his passport;
employment contract with an immigrant;
all company data (telephone, address);
documents about the premises where the person is located (rent, property).

For individuals, it is required to provide passports of the host and the visitor, copies of confirmation of housing rights.

For children of foreigners, you must additionally present a birth certificate; it is advisable to also have health insurance (everything is submitted and signed on behalf of the child by a legal representative).

What law governs

The regulations in this area are as follows:

Federal Law No. 109 “On migration registration...”;
the implementation procedure is regulated by Resolution No. 9;
FMS order No. 321 regulating temporary stay.

Rules for filling out the form

filled out on both sides, as it is placed on two pages of one sheet. The data is entered in legible handwriting (can be in block letters) or using technical devices (printer). The form is filled out in Russian without corrections, abbreviations, abbreviations, or missing places.

The signature is placed by the receiving person on the back and in the main part. If the applicant is a legal entity, then a seal is affixed (if available).

Minors

We indicated above what to serve for children. Parents or legal representatives act on their behalf (with confirmation of guardianship, guardianship, the right to represent interests, with formalized parental consent). The application must include the details of these persons.

Extension

The standard period for initial registration is 90 days. Extension is possible if there is a work patent, employment contract, visa, temporary residence permit, residence permit (including the fact of filing for it).

To prolong it, you must first extend the specified period, if it expires, and on this basis extend the BP. The powers of the FMS include the responsibility to accept applications for this and renew permits.

The concept of “migration registration” was introduced into business circulation by Federal Law 109-FZ of July 18, 2006 “On migration registration of foreign citizens and stateless persons in the Russian Federation”, dividing the previously unified designation for registration of foreigners with the word “registration” into two types : registration at the place of residence and migration registration at the place of stay.

However, ten years of practice in using this phrase allows us to conclude that it has not yet taken root, and the detached part of the arrival notice, confirming the registration of a foreign citizen with migration registration, is still erroneously called “registration” everywhere.

The adoption of the law on migration registration was accompanied by a loud campaign to ease migration legislation. The state positioned the abandonment of the complex, corruption-intensive licensing registration procedure in favor of a simple notification system for migration registration as a reduction in bureaucratic obstacles while simultaneously tightening responsibility for non-compliance. It was 10 years ago that the extent of liability of legal entities for failure to fulfill migration registration obligations acquired modern contours - a fine of 400,000 rubles. up to 500,000 rub. for one violation (Article 18.9 of the Code of Administrative Offenses of the Russian Federation).

In accordance with the provisions of Federal Law 109-FZ, foreign citizens temporarily residing (TRP) and permanently residing (PRP) in the Russian Federation are subject to registration at the place of residence. Foreign citizens temporarily staying in the Russian Federation are only subject to migration registration. At the same time, when changing their place of residence in the Russian Federation, temporarily and permanently residing foreign citizens can register for migration at their place of temporary stay.

Category of foreign citizens	Registration at place of residence	Migration registration at the place of stay
Permanent residents (residence permit)	+	+
Temporary residents (TRP)	+	+
Temporarily staying	-	+

The original version of the law provided for the obligation of a foreign citizen and the receiving party to fulfill the legal requirement to register for migration within 3 days from the date of arrival at the place of stay. The legislation also provided for the mandatory deregistration of a foreign citizen by the receiving party in the event of his departure.

Over ten years, legislation in this area has undergone some relaxation, and the default period for registration with migration has increased from three days to seven working days, and for most states it has changed even more significantly. And there is no longer any need to deregister foreign workers. This happens automatically when a foreign citizen crosses the border or when registering at a new place of stay.

However, there are some things to pay attention to. Most international agreements that stipulate a special attitude to the period of temporary stay for citizens of certain states mean a period calculated from the date of entry into the territory of the Russian Federation, and this relaxation is intended mainly for tourists and persons coming to Russia for private purposes. For foreign citizens who arrived in the Russian Federation for the purpose of employment, they should be guided by a period of 7 working days for registration, since when performing many significant actions in the Russian Federation, the presence of details of the location on the territory of the Russian Federation is required. Thus, the registration address at the place of residence must be indicated in the application for a work patent, in the employer’s notification to the migration authorities about concluding an employment contract with a foreign citizen, when applying to the bank to receive a bank card for transferring wages, etc.

The same period - 7 working days - should be taken into account when changing your place of residence already on the territory of Russia, including when moving from one employer to another.

So, let's move on to the issue of the employer's responsibility for the migration registration of its employees. If in relation to Russian citizens who are not registered at their place of residence, the employer does not have responsibility for concluding an employment contract with such an employee and, on the contrary, the employer can even be held liable for refusing employment on such grounds, then in relation to foreign workers the situation is completely different.

The defining point in this issue is the following: whether the employer is the receiving party for the foreign worker.

What is the receiving party? The definition of this concept is given in Federal Law 109-FZ.

“The party receiving a foreign citizen or stateless person in the Russian Federation (hereinafter referred to as the receiving party):

- a citizen of Russian Federation,

- a foreign citizen or stateless person permanently residing in the Russian Federation,

- legal entity, branch or representative office of a legal entity,

- federal government body, government body of a constituent entity of the Russian Federation, local government body,

- diplomatic mission or consular office of a foreign state in the Russian Federation,

- an international organization or its representative office in the Russian Federation or a representative office of a foreign state at an international organization located in the Russian Federation,

where a foreign citizen or stateless person actually resides or works (is).”

If before the adoption of Law 109-FZ a foreign citizen had to be registered at his place of residence (temporarily or permanently, for a long or short period), then with the adoption of this law it became possible to register (register) foreign citizens at their place of work. Moreover, regardless of whether the employer has residential premises at the address of migration registration or not, and even the presence of premises as such is not decisive.

Law 109-FZ introduces the concept of “Place of residence”:

“The place of stay of a foreign citizen or stateless person in the Russian Federation is a residential premises that is not a place of residence, as well as other premises, institutions or organizations in which a foreign citizen or stateless person is located and (or) at whose address the foreign citizen or person is stateless persons are subject to registration at the place of residence in the manner established by this Federal Law.”

The point of registering for migration is the ability to find a foreign citizen at the registration address, and what he does there: lives, works or is located does not matter.

Example: An employer leases a plot of land. The right to lease is confirmed by a lease agreement and a certificate of land ownership. The land plot is an ordinary field with daisies, where the employer plans to grow cabbage. To cultivate the land, he invites foreign workers, whom he transports daily to field work by bus from a neighboring village. There are no residential or any other premises in the field. In the best case, it will be a shed for storing equipment and a trailer where workers can wait out bad weather or have lunch. At the same time, the employer has all the legal grounds to register foreign workers in the field of daisies.

The situation seems unusual, but it does not contradict the meaning of migration registration of foreign citizens. You can just as easily find a foreign worker at the registration address as if it were the apartment where the foreigner lives or the field where he works. In the second case, this often turns out to be much easier and simpler to do, since the employer acts as a specific organizing unit between government agencies and foreign citizens.

The Federal Migration Service has developed regulations for registering foreign citizens with migration registration, which are still in effect at the moment, despite the dissolution of the FMS. However, neither in the days of the Federal Migration Service, nor now, when these functions were transferred to the Ministry of Internal Affairs, the practice of registering foreign citizens with migration registration often does not coincide with the theory.

The regulations are partially implemented only in the case of initial migration registration for 90 days from the date of entry into the Russian Federation. In cases where foreign workers change their place of stay, or the period of stay is extended for other legal reasons, the receiving party fully experiences flights of bureaucratic fancy. Since a clear algorithm of actions and the necessary package of documents are not regulated at the legislative level, each territorial migration department establishes its own procedures. In the best case, the list of documents that an employer must provide to register a foreign worker for migration registration as a legal entity will be posted on a notice board in the corridor of the department. Naturally, you will not find references to any regulatory act there, because there are no regulations establishing requirements for the package of documents for extending migration registration or registration beyond the initial 90-day stay.

Attempts by the FMS to give this procedure regulatory completeness were reflected in the Order of the FMS dated June 29, 2015 No. 321, but were unsuccessful.

The order is not being implemented everywhere, and due to its clumsy wording, it did not add clarity to the mechanism for migration registration of foreign citizens.

In accordance with the order, in order to extend the period of temporary stay (the period of registration for migration registration), the receiving party submits to the territorial body of the Federal Migration Service or its structural unit at the place of residence of the foreign citizen an application in any form, which indicates the full name, date of birth, citizenship, address of the place of residence stay and details of the identity document of the foreign citizen.

As well as documents that served as the basis for changing the period of temporary stay in the Russian Federation. What kind of documents are not specified in the order. Therefore, the list of such documents and the requirements for them are established by the employees of the territorial migration departments themselves, and there is no single list.

In this article we will try to summarize the experience of registering for migration and extending the period of temporary stay obtained in various departments of the Federal Migration Service of Moscow and the Moscow region.

So, the first thing you will encounter is the desire of migration authorities to obtain comprehensive information about your company. Subsequently, this information will be required to draw up an administrative case in case you make any mistake or lose sight of any obligation to comply with migration laws. Also, a complete package of documents available for your company makes it easier for supervisory authorities to include you in the annual plan for conducting migration inspections.

I repeat once again, such requirements are not provided for by law, however, without providing the package of documents below, in one hundred out of hundred cases, you will not be able to register a foreign worker for migration registration with a legal entity. All documents are provided in copies, where necessary, certified by the seal of the organization:

Company registration card with your contact details (rarely);

Charter (rare);

One- or two-month extract from the Unified State Register of Legal Entities (rarely);

TIN (always);

OGRN (always);

Order/protocol on the appointment of gen. directors (always);

Copy of the general's passport directors (almost always);

Power of attorney for a representative;

Order appointing a representative as an official (rare);

A copy of the representative’s passport (rarely);

Legal documents at the address where the foreigner is registered for migration registration (certificate of ownership, lease agreement, etc.).

It is often necessary to submit these documents already filed in a binder. This is an approximate list of documents that are required from the receiving party - a legal entity. Since it is not stipulated by regulatory documents, you cannot be insured not only from the fact that the requirements will be different in different territorial divisions of the FMS, but also from the fact that they will differ within the same division, but on different days. Yesterday it was necessary to provide one thing, and tomorrow another. Even within one day, in the morning the inspector told you one thing, and when you returned, having fulfilled his wishes, you were met by another inspector with his own vision.

But in everything bad you can always find something good. Again, due to the fact that the law does not establish an exhaustive list of required documents, in most cases you can agree with the inspector that you will present the missing document next time, because once you knock on the doors of the FMS, you will begin to visit there very often.

Let us now move on to the list of documents that are required to be provided by a foreign citizen, confirming the change in the conditions for the foreigner’s stay in the Russian Federation. Documents are also provided in copies:

Application (petition from the receiving party) to extend the period of temporary stay;

Application (petition from a foreign citizen) to extend the period of temporary stay (not everywhere);

Passport (Requirements for a passport are different everywhere. In most cases, the first page is sufficient. If it is a foreign passport, then sometimes a copy of the page with a stamp about the last border crossing is required. There are FMS, which require copies of all pages without exception, including blank ones);

Migration card (Despite the fact that Order 321 of the FMS directly states that the inspector is obliged to put a mark on the migration card to extend the period of temporary stay, it is more difficult to find a FMS where this requirement is met than one where it is ignored. We categorically do not recommend confiscating foreign citizens, the original migration card for marking the extension, since the absence of a migration card on a foreigner at the time of inspection is regarded by Moscow courts as a violation of the stay regime, followed by a fine and administrative expulsion);

Examples of such administrative cases can be found here: Court decision of March 10, 2016, Court decision of March 4, 2016, Court decision of July 6, 2015.

All patent payment receipts (The text on them must be readable. If it is faded or indistinguishable, it is necessary to send the foreign employee to the bank in advance to obtain an extract or obtain duplicate receipts);

A detachable part of the notification of arrival at the previous place of stay (in some cases the original is required);

Employment contract;

Notification of the conclusion of an employment contract.

Before the FMS Order No. 655 dated December 15, 2014, and then the FMS Order No. 321 dated June 29, 2015, came into force, migration registration of foreign citizens was regulated by Federal Law No. 109-FZ, Government Decree No. 9 of January 15, 2007, approving the Rules for the implementation of migration registration of foreign citizens in the Russian Federation and the administrative regulations for the provision by the FMS of state services for the implementation of migration registration in the Russian Federation.

All these regulations provided for the assignment of responsibilities for migration registration to the receiving party. The presence of a foreigner was not required for such a procedure. The foreigner himself could fulfill this obligation only in exceptional cases, presenting to the FMS valid reasons why the receiving party could not do this.

Order of the FMS dated June 29, 2015. No. 321 opens up other possibilities. In the provisions describing the procedure for submitting documents, the applicant can be either the receiving party or the foreign citizen himself.

Cases where foreign citizens, by proxy from their employer, themselves extended their stay are becoming increasingly known, however, this is still rather an exception to the rule.

So, we examined the question of the employer’s actions in registering its employees for migration registration at the place of work, but did not answer the main question: is this the employer’s responsibility?

No! This is not an absolute obligation of the employer. A common situation is when the employing organization fulfills its obligations to the Federal Migration Service to formalize labor relations in accordance with migration requirements, but does not assume the responsibility for migration registration if the employee is registered at the address of an individual. An employee can live with an individual: with relatives, or rent an apartment or room from the owner of the property, while the person who provided him with a place to live also has the right to register him for migration. In this case, the employer only controls that the employee, together with the owner of the property, promptly extends the period of stay, and does this not because the law obliges this, but so as not to suddenly lose the employee who forgot to extend his period of stay.

Moreover, a situation is also possible when a foreigner working in an organization is registered for migration at the address of another legal entity. This is allowed in two cases.

First. When an employee lives in a hotel, hostel, or hostel, then he is registered by the legal entity that owns the accommodation facility.

Second. When an employee works part-time and has been registered for migration by another employer.

In all other cases, even if the period of temporary stay has not expired, the seal of a legal entity on the reverse side of the tear-off part of the notice of arrival of a new employer should raise red flags. In most cases, this is an ordinary “bought registration”, which does not bode well for either the foreign worker or his employer. It may also be the seal of the previous employer, which is easy to check by asking the future employee for a work book or a certificate of personal income tax 2 from the previous place of work.

What are the dangers of such migration registration? The employee faces a fine, and in cities of federal significance and adjacent regions - a fine, administrative expulsion and entry closure for 5 years. But only in one case, if the employee did not transfer his documents to the new employer for migration registration. And if he does not have a valid host (relatives or landlord), he is simply obliged to do this upon arrival at his new place of stay. In this situation, a new job means a new place of residence for a foreigner. In this case, the responsibility for carrying out migration registration falls on the employer, and such responsibility is removed from the foreigner (See Letter of the FMS dated March 26, 2013 No. KR-1/2/2-3688).

Upon arrival at a new place of residence (to a new employer), a foreign citizen submits documents for migration registration to the receiving party, and the receiving party is obliged to register the foreign worker at the new place of residence within seven working days.

To summarize the article, I would like to once again draw attention to three important things.

First. A foreign citizen fulfills obligations to comply with and extend his period of temporary stay in the Russian Federation: pays for a patent in a timely manner, submits documents for a temporary residence permit, etc. And the receiving party, which can be an employer, fulfills the responsibilities for carrying out migration registration of a foreign citizen (employee). These two tasks are united by deadlines. The period for which a foreigner’s temporary stay in the Russian Federation is extended corresponds to the period for his registration with migration authorities.

Second. Migration registration, unlike registration at the place of residence, is a notification rather than a permitting procedure. While migration authorities often continue to treat it as a permit. The requirements for the package of documents presented by the migration authorities are not defined by law. Moreover, paragraph 31 of the administrative regulations for the provision of state services by the Federal Migration Service for migration registration in the Russian Federation provides an exhaustive list of documents that the receiving party must submit to provide the service, consisting of two items: a passport and a migration card of a foreign citizen. And paragraph 46 of the regulations contains a direct prohibition to require the applicant to provide documents and information not provided for by regulations.

And one last thing. A foreign worker can be registered with migration authorities both at his place of work and at his place of residence. The fundamental requirement is that the address for migration registration actually corresponds to the address where the foreign worker is located, and whether it is during working hours or not does not matter. Well, it is impossible to allow a foreign citizen to exceed the period of registration for migration registration (temporary stay period). If there are no legal grounds for extending the period of temporary stay, the foreign citizen is obliged to leave the territory of Russia before the expiration of the period of temporary stay (the deadline for registration with migration authorities).

Any foreign citizen who has come to Russia for a period of 7 to 90 days can make temporary registration via mail. In accordance with the current legislation of the Russian Federation, every foreign citizen or stateless person is required to register for migration at the place of his temporary stay within 7 working days from arrival.

This can be done at any post office in Russia, this method of registration for migration is enshrined in law and the necessary procedure is prescribed; all you need to do is come along with an officially registered person in the given living space, this method makes it much easier for foreigners to obtain temporary registration through the mail.

Recently, migration registration of foreign citizens is of a notification nature, that is, now it is enough to notify the state migration control authorities that a foreign citizen or stateless person is temporarily staying at a given address. Previously, registration for migration was of a permissive nature; it was necessary to obtain permission from the Federal Migration Service for a foreigner to live in a residential building.

Important! At the post office you can only make a new temporary registration; it is impossible to extend the current one!

Temporary registration by mail

The procedure for obtaining temporary registration at the place of residence of a foreign citizen or stateless person is simplified as much as possible; to receive this service, it is enough to contact the post office at the place of future registration together with the person who is registered (registered) at this address. You need to provide the passport of the person who provides you with living space, and your documents.

List of documents for registration of temporary registration of foreigners at the Russian Post Office

Passport and photocopy of the passport of the owner of the residential premises, or place of residence registered at this address;
Passport and photocopy of the foreigner who is registering for migration;
Notarized translation of the passport into Russian;
Migration card of a foreign citizen;
Photocopy of visa (if available);
Completed notice of arrival of a foreign citizen in two copies.

The “live presence” of the receiving party is required, that is, the person with whom the foreigner is going to be registered must be personally present, or he must have a power of attorney to carry out these actions. The presence of the registered person is not mandatory, and everything will be processed for you without the personal presence of the applicant.

Download the notification form for the arrival of a foreign citizen or stateless person

You can download the arrival notification form (registration form) and fill it out at home, independently and in a calm environment, or you can ask for the form at the Russian Post Office and fill it out on the spot when checking out. If you decide to download the arrival notice on our website, then consider what is necessary print the form on two sides of one sheet. It is recommended to print out several notification forms so that if there are errors, you can immediately fill out a new one without errors. In addition, you can download instructions on how to fill it out correctly in the notification Marks and corrections are not allowed.

Refusal at the post office to register foreign citizens at the place of temporary stay

Russian postal employees do not have the right to refuse you temporary registration, but sometimes this can happen for some reasons:

Incorrect completion or presence of errors, blots and corrections in the notification;
Inconsistency between the data specified in the notification and the documents provided;
Invalid, expired or errors in submitted documents;
Incorrect, incomplete or invalid translation of the registered person's passport or lack of notarization of the translation;
Subjective reasons for the post office - lack of paper, envelopes, no electricity, no specialist who knows how to arrange this, etc.;
Territorial jurisdiction - the post office does not service the address where you plan to register.

Terms and cost of obtaining registration for a foreign citizen via mail

The service for foreign citizens and stateless persons for registration of temporary registration is provided on a paid basis, in 2018 the price is about 180 rubles for registration and about 60 rubles for a registered letter in which one copy of the notification and photocopies of your documents must be sent to the address of the territorial body migration control of the Main Directorate for Migration of the Ministry of Internal Affairs.

Registration of temporary registration of a foreign citizen or stateless person at the place of residence, through the Russian Post Office, will take you about several hours, depending on the queue and the availability of employees.

After checking all the documents, you will be given a detachable part of the notification with all the necessary marks and seals, and copies of all documents will be sent to the Department of Internal Affairs of the Ministry of Internal Affairs.

The validity period of the temporary registration that will be issued to you at the post office does not exceed more than 90 days; after expiration, if there are grounds, it can be extended at the migration control authorities, You won't be able to renew your registration at the post office., they do not have the corresponding rights to do so.

1. Registration of foreign citizens at the place of stay is carried out upon receipt by the migration registration authority of notifications of their arrival at the place of stay, submitted in accordance with this article.

2. To register a foreign citizen at the place of residence:

1) foreign citizen:

a) upon arrival at the place of stay, presents to the receiving party a document certifying his identity and recognized by the Russian Federation in this capacity, as well as a migration card;

B) after the receiving party sends a notification of his arrival at the place of stay, receives from her a detachable part of the form of the specified notification, except for the cases provided for in parts 3, 3.1 and this article;