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Visas |
One of the most immediate considerations a foreign national will face upon coming to Russia is compliance with Russia’s immigration system. This overview of the Russian immigration regulations sets out the procedures needed to be taken by a foreign individual, and his employer, to try to ensure that individual fulfils the requirements of the Russian legislation whilst he is visiting and/or working in Russia. However, the system is somewhat Byzantine in its complexity, and immigration regulations are evolving rapidly, both in technical terms and, more importantly, in how they are practically enacted. Hence, constant vigilance is required to keep abreast of the current status. There is significant risk in assuming that a process that has worked in the past will work again in the future, even where there are no formal technical changes to the regulations.
There are four main areas of compliance required for most foreign nationals and parties linked with them when coming to (and leaving) Russia. These are:
- Visa;
- Immigration card;
- Enrollment;
- Work permits/Residency permits.
Types of Visas
Basically, the type of Russian visa is determined by the individual's purpose of visit; this, in turn, governs the scope of activities that an expatriate may be engaged while in Russia under the certain type of visa.
Business Visas
A business visa is foreseen for foreign nationals coming to Russia for business purposes, including participation in negotiations, conferences and consultations, making contracts and professional improvement. A business visa does not empower foreign individuals to hold official positions in Russian legal entities, represent them, or perform work in Russia under the civil or employment agreements. Importantly, business visas also cover some persons coming on “montage” or “chef-montage” activity, where they are helping put imported machinery into production or servicing it for the foreign vendor. Generally, business visas are issued based on invitations from Russian hosts and issued via Russian consulates outside Russia. The validity period of a single or a dual business visas is three months.
Multiple-entry business visas, like work visas, are valid for 12 months. However, these are restricted, so they only allow the foreign national to be present in Russia for no more than 90 days in any 180-day period. Once the visa expires, the foreign individual has to leave Russia, as business visas cannot be reissued in Russia. Russia has a number of immigration treaties, most notably with the EU (excluding the UK, Ireland and Denmark), which can extend the length of the validity of business visas up to five years.
Work Visas
A work visa is intended for foreign individuals coming in Russia to work or render services under an employment or a civil agreement respectively. By contrast with a business visa, a work visa allows an expatriate to occupy a position in the Russian company (or representative office or branch of a foreign company) indicated in the individual work permit and to act in an official capacity for this company. Initially, a single-entry work visa is issued by a consulate outside Russia for three months only based on the employer's invitation. The employer may further apply for an extended multiple-entry work visa upon expatriate’s arrival in Russia.
Foreign nationals are required to stay in Russia during the application process and issuance of the multiple entry work visa. The validity period of a work visa is linked to the validity period of the expatriate’s work permit (or accreditation card issued for accredited person working in a representative office or branch of a foreign company), but cannot exceed one year. If the employment agreement remains in force upon the visa's expiry, a new multiple-entry work visa can be obtained, provided that there is a new individual work permit.
Visa for "Inosotrudniki"
This is a special type of work visa issued for accredited expatriate employees of foreign companies operating in Russia through its representative offices or branches. In practice, this is an easier visa to obtain from an administrative perspective, as it separates the visa application from the work permit.
Family Visas
Spouses and children of relocating expatriates can apply for visas in the same way as the executive. An ‘Accompanying Spouse Visa’ and/or ‘Dependent’s Visa’ can be obtained at the same time as the expatriate applies for his/ her own visa. Talk with your HR department to make certain that this process is carried out at the same time as your visa application.
Immigration Card
Upon arrival in Russia, each foreign national should complete and retain the stamped half of the immigration card. This card contains information about the arrival and departure of the individual in and from Russia, as well as the period of his or her stay in Russia. This document is delivered to each foreign citizen by the Russian border control authorities. The foreigner should keep the immigration card during his whole stay in Russia. If the immigration card is damaged or lost, the foreign national should notify the local immigration authorities within three days, and they may further issue a duplicate upon presenting the documents based on which the individual entered Russia (passport and visa, if applicable).
Upon departure from Russia, the foreign national should return the original immigration card at the Russian border control. Failure to return the immigration card is considered to be a violation and may lead to the formal deportation of a foreign individual from Russia. If deported, the individual will not be able to enter Russia for the next five years.
Enrolment and De-enrolment Procedures
Enrolment is the process of notifying the immigration authorities of a foreign citizen’s whereabouts (international travel as well as internal trips within Russia). Upon arrival in Russia, each foreign national should be enrolled (registered) in the Russian migration system at his host location. Enrolment, as well as de-enrolment should be completed in respect of the foreign national by the hosting party: either by hotel, or by employer (visa sponsor), or landlord (whichever is applicable). In practice, most landlords are unwilling to perform this role.
This process is to be completed within 3 business days upon arrival, each time an individual arrives to the country or travels to another region within Russia for more than 3 business days. The de-enrolment process should be completed within 2 calendar days of the departure, every time a foreign national departs from Russia or leaves for another region within Russia for more than 3 business days. It is recommendable that the individual hold a copy of the enrolment/de-enrolment form while travelling in Russia or outside.
Further, as the fines for non-compliance with the enrolment requirement are rather high, each foreign employee will typically need to notify his or her employer on any trip within or out of the country, even if this is personal trip, so that the procedure can be carried out.
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