28.04.2008 - Russian government and authorities that regulate the process of employment of foreign nationals in the Russian Federation have adopted new rules and regulations in this important area. We are offering you a summary of resent developments.
Upon entrance into force of the Order of the Federal Migration Service dated November 8, 2007 # 430 ?On approval of Administrative rules of the Federal Migration Service for provision of state service for processing, issue, extension, restoration of visas as well as for its cancellation for foreign and stateless nationals? the DFMS of Russia for Moscow has changed considerably the rules of processing / extension of work visas.
In the first instance, the form of the Application for visa processing / extension has been changed. Secondly, now while submitting the documents for the work visa processing / extension, the originals of the documents of foreign nationals (including their passports and migration cards) will be returned to their holder at the day of submission. Its recurring provision would be requested only on the day of visa receipt in the DFMS of Russia for Moscow.
We should note that in the nearest future the DFMS of Russia will change the appearance of the multiple work visa: instead of the separate piece of paper the multiple visa will be pasted in the passport.
We would like to attract your attention to another important introduction: the documents for work visa processing / extension should be provided to the state authority not later than 20 days prior to the expiration date of the current visa. Unfortunately as yet we are not aware of the consequences of non-observance of this rule.
The documents for the work visa processing / extension must be submitted to DFMS prior the current visa expiry date, not later. In practice we have faced a few cases when the documents for the multiple work visa extension were submitted to the DFMS of Russia for Moscow with a short delay (i.e. shortly after the current visa expiration date) and the Company paid the correspondent fine, although in the end instead of the extended multiple work visa the foreign national was issued with a transit exit visa for 10 days and within these 10 days the foreign national mush leave the territory of the Russian Federation and start the visa procedure from the very beginning (3-month single invitation letter for a work visa, visa application to the Russian Consulate, arrival in Russia, application to the DFMS for single visa transfer into a multiple one).
Therefore we have organized a few meetings with higher officials of the FMS to clarify this issue and we have been informed that from now on the DFMS will act this way in similar cases. Besides, FMS officials have notified us that in accordance with the legislation, in such cases a foreign national should be deported from the territory of the Russian Federation, however FMS makes a concession by means of processing of transit exit visa. In this respect we strongly recommend to initiate the work permit / work visa extension procedures with due advance.
Besides we have the information that has not been confirmed yet that the DFMS of Russia for Moscow will stop accepting applications for registration / extension of registration of Companies whose legal and factual address does not correspond. As soon as this information is either confirmed or disposed, we will notify you.
Starting from the beginning of the year 2008 the Federal Migration Service of Russia has proceeded with acceptance of work permit applications from CIS nationals and therefore has increased the flow of incoming documentation and workload of the FMS officials. In its turn this has lead to the fact that currently the number of applications for work permit processing is limited: a person has the right to submit only one work permit application (either for CIS or a foreign national) within a day.
Separately we would like to note that at the present moment it is not possible to process the documents (Employment permit and Work permit) within expedited terms. Earlier, officials of the FMS of the Russian Federation frequently have made concession and in case of need processed work permits within faster terms. However recently in view of general changes in the country?s government as well as due to the removal earlier this year from the position of the Deputy Head of the Federal Migration Service of Russia, Mr. Postavnin, (as we suppose on suspicion for corruption), higher officials of the FMS of Russia have refused to review processing of applications for Employment permit / Work permit within expedited terms. Nevertheless we will continue our attempts for execution of documents within expedited terms, and wherefore for every specific case we will prepare the detailed letters with explanation of reasons for faster processing for the name of the Head of the FMS of Russia and do hope that in the end the management of the FMS of Russia would agree for cooperation.
We will keep you updated on the development of the situation in the Federal Migration Service of the Russian Federation.