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New visa legislation.

12.10.2003

On the 9th of June 2003 a Decree of Russian Federation government was adopted # 335 ?On establishment of form of visa, order and conditions of its issue, its prolongation restoration in case of its loss and the order of its abolishment? hereinafter referred to as ?Decree?.

The Decree stipulates the same types and categories of visas as are specified in Federal Law # 114-FZ "On the order of exit and entrance of Russian Federation" Depending upon the purpose of entrance and stay foreign citizens are granted by the following types of visas: diplomatic, official, ordinary, transit, and temporary residence visas.

Ordinary visas are of the following types:

  • private;
  • business; tourist, including group;
  • study;
  • work;
  • humanitarian;
  • asylum.

Of most interest are the points 29 and 35 of Decree regarding business and work visa.

According to point 29 of the Decree the period of continuous stay of a foreign citizen in Russia on the basis of multiple entry one year business visa can't exceed 180 days

Basis for obtaining of business visa are:

1. Invitation:
1.1. Obtained through Ministry of foreign affairs;
1.2. Obtained through Passport and visas department.
2. Decision of Ministry of foreign affairs, directed to the Russian embassy or consulate abroad.
3. Decision of the head of the Russian embassy or consulate abroad.

Article 35 of the Decree is dedicated to work visa. It sets up the procedure of obtaining visa for the period up to three months with prolongation at the territory of Russia by issuing multiple visa for the period of employment contract validity, but not longer than one year for each next visa.

Below we would like to offer you a short analysis of visa support procedure for foreign employees of representative offices in Russia.
Below is a short analysis of personal legalization procedure of foreign employees of Representative offices and Branches in Russia.

Old procedure New procedure (according to the Decree)
Accreditation of a RepOffice or a Branch at GRP (TPP, etc.) Accreditation of a RepOffice or a Branch at GRP (TPP, etc.)
Obtaining personal accreditation for foreign employees Obtaining permit to employ foreign employees and personal work permits
Obtaining inosotrudnik invitation at GRP (TPP) Obtaining work invitation at GRP (TPP)
Obtaining of inosotrudnik entry visa for the period up to three months at Russian Embassy (Consulate) Obtaining of work visa for the period up to three months at Russian Embassy (Consulate)
Upon arrival to Russia multiple entry inosotrudnik visa is issued and registered at PVU Upon arrival to Russia multiple entry work visa is issued and registered at PVU

Our comment:
Article 85 of the Decree says that PVU is authorized to issue transit visas, cancel, renew and prolong visas. One should pay attention to prolongation.

According to articles 67 and 68 of the Decree, visa can be prolonged for the period up to 10 days without changing category, type, number of entries of visa and purpose of a trip.

Changing number of entries and period of visa validity is possible for diplomatic, official, study and work visas (article 35)

Decree does not stipulate issue of "inosotrudnic" visas to rep office employees therefore existing possibility to issue "inosotrudnic" visas or prolongate "inosotrudnic" visas to rep office employees based on accreditation cards is legally eliminated. But in practice it is still possible to issue and prolongate "inosotrudnic" visas to rep office employees.

It is evident that authorities want to establish procedure of obtaining work permits by rep office employees and issuing work visas to them.

According to the Decree the governmental bodies have 3 months to comply with the requirements of the Decree. So starting from the 9th of September "inosotrudnik" visas should not be issued any more.



See more:
- 2015: Changes to the immigration legislation
- 2015: STANDARD WORK PERMITS
- 2015: HIGHLY QUALIFIED SPECIALISTS UPDATE
- Starting 12 December 2014 new labour regulations for foreign workforce
- Dear All



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