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Law on the expulsion and conditions of stay of foreign citizens — FAQ
09.08.2024
In 2025 an “expulsion regime” will take effect in relation to foreign citizens who are in Russia without proper legal grounds. The purpose of the regime is to ensure that they either leave Russia or acquire legal grounds to stay (reside) in the country. Until that objective is achieved, such foreigners will be subject to restrictions on their rights and will be under supervision.
In addition, conditions of stay (residence) of foreign citizens in Russia are to be introduced under which foreign citizens will be obliged to refrain from any activities that are detrimental to Russia’s interests and to comply with the Russian Constitution and Russian law. If a foreign citizen violates those conditions, a decision may be adopted concerning the undesirability of his/her continued stay in Russia, which would trigger expulsion and a ban on re-entering Russia.
The law also reduces the maximum period of migration registration to 1 year and reduces the amount of time for which foreign citizens arriving under a visa-free procedure are allowed to stay in Russia to 90 days in a calendar year.
The main provisions of the law are covered in the questions and answers below. We advise companies to look closely at the new rules and inform foreign employees in advance of the implications for them.
Status of the law[1]: signed by the President on 8 August 2024.
Effective date: 5 February 2025, except for some provisions.
Applies to: all categories of foreign citizens (i.e., whether they come to Russia under a visa or on a visa-free basis, and whether to work or for another purpose).
What does the “expulsion regime” mean?
The expulsion regime is a legal regime applicable to foreign citizens or stateless persons who are in Russia but do not have legal grounds to stay (reside) in Russia.
The purpose of the regime is to ensure that they either leave Russia or acquire legal grounds to stay (reside) in the country.
The regime provides for the limitation of certain rights and freedoms of such persons and for the application of federal state migration-related control (supervisory) measures.
The expulsion regime applies to a foreign citizen from the day on which his/her details are entered in the register of persons under supervision.
What is the “register of persons under supervision”?
The register of persons under supervision will contain details of foreign citizens who are in Russia without having legal grounds to stay (reside) in Russia.
In what cases can a foreign citizen be entered in the register?
A foreign citizen’s details will be entered in the register of persons under supervision in the following cases:
1) The expiry of the temporary stay period, a temporary residence permit, a temporary residence permit for education purposes or a permanent residence permit;
2) The discovery that the foreign citizen entered Russia by illegally crossing the State Border of the Russian Federation;
3) The admission by Russia of a foreign citizen sent by a foreign state in accordance with a readmission agreement if there are no legal grounds for that foreign citizen to remain in Russia;
4) The annulment of a visa, a temporary residence permit, a temporary residence permit for education purposes or a permanent residence permit;
5) The adoption of a decision to refuse to consider an asylum application, to reject an application for refugee status, to refuse to grant (extend) temporary asylum or to withdraw or cancel temporary asylum or refugee status;
6) The issuance of a resolution to impose administrative punishment on a foreign citizen in the form of administrative removal from Russia;
7) The issuance of a decision on reduction of the temporary stay period, deportation, readmission, the undesirability of stay (residence) in Russia, prohibition of entry to Russia or restriction of departure from Russia;
8) The expiry of the 72-hour period of stay of a foreign citizen who is a passenger on board a cruise ship or ferry authorized to carry passengers;
9) The issuance of a decision to terminate Russian citizenship where there are no legal grounds to remain in the territory of Russia;
10) The receipt by the Ministry of Internal Affairs of a final judgment passed by a Russian court finding a foreign citizen guilty of committing a crime.
In what cases will a foreign citizen’s details be excluded from the register?
A foreign citizen’s details will be excluded from the register of persons under supervision in the following cases:
1) The departure of the foreign citizen from Russia;
2) The acquisition by the foreign citizen of legal grounds to stay (reside) in Russia;
3) The cancellation of the decision on the basis of which the expulsion regime was applied;
4) The invalidation by a court of the decision on the basis of which the expulsion regime was applied;
5) The death of the foreign citizen or declaration of his / her death by a court.
What state migration-related control measures will be applied to a person under supervision under the expulsion regime?
1) Inclusion in the register of persons under supervision;
2) Limitation of certain rights and freedoms of the person under supervision;
3) Establishment of the whereabouts of the person under supervision;
4) Transport of the person under supervision;
5) Detention of the person under supervision;
6) Placing of the person under supervision in a special institution;
7) Inspection of the identification documents of the person under supervision and other documents submitted in relation to the person;
8) Identification of the person under supervision;
9) State fingerprint registration and photographing of the person under supervision;
10) Approval of the route to be taken by the person under supervision to a crossing point on the State Border of the Russian Federation;
11) Monitoring of compliance by the person under supervision with restrictions imposed and orders issued, of the fulfilment of obligations imposed on the person under supervision and of actions carried out by the person under supervision.
What restrictive measures will be applied to a person under supervision (from the date on which the person’s details are entered in the register until they are excluded from the register)?
1) Prohibition on the state registration of legal entities and individual entrepreneurs;
2) Prohibition on the acquisition of immovable property, means of transport, self-propelled vehicles and other kinds of machinery;
3) Prohibition on the placing of immovable property on the state cadastral register and / or on the state registration of rights;
4) Prohibition on the state registration of means of transport, self-propelled vehicles and other kinds of machinery;
5) Restriction of the right to operate means of transport;
6) Denial of applications to sit tests for the right to operate means of transport or for the issue (replacement, exchange) of a Russian national or international driving license;
7) Denial of applications to open a bank account or carry out other banking operations, other than transfers of funds for the purposes of making compulsory payments established by Russian law and for the purposes of transfers to the account of the person under supervision and the dispensing of cash to the person under supervision in an amount not exceeding 30,000 rubles per month;
8) Prohibition on marriage;
9) Prohibition on changing place of residence or place of stay in Russia without the permission of the Ministry of Internal Affairs;
10) Prohibition on departure from the constituent entity of Russia or municipality in which the person under supervision is staying (residing), except for departure from Russia;
11) Other restrictions provided for in Russian law.
What rights does a person under supervision have?
A person under supervision has the right:
1) To receive upon request information containing the grounds for the application of the expulsion regime insofar as the supply of that information is not prohibited by law;
2) To be given the opportunity to examine decisions adopted in relation to him / her concerning the application of federal state migration-related control (supervisory) measures as part of the expulsion regime;
3) To appeal against decisions (actions) adopted (carried out) in connection with the application of the expulsion regime, including in connection with the establishment of restrictive measures, and the application of state migration-related control (supervisory) measures, which contravene the rights of the person under supervision to a higher authority, to a higher official of an internal affairs authority or to a court.
What obligations does a person under supervision have?
A person under supervision is obliged:
1) To appear before an official of an internal affairs authority on time if he / she has been served with / sent an order to appear;
2) Promptly to fulfil requirements and comply with prohibitions and restrictions established for persons under supervision;
3) To inform the Ministry of Internal Affairs:
- of his / her whereabouts;
- of the occurrence of circumstances impeding timely independent departure from the Russian Federation;
- of a change of place of stay without the permission of the Ministry of Internal Affairs in the event of force majeure;
- of the date, place and route of planned independent departure from Russia.
If a person under supervision fails to fulfil these obligations on multiple occasions, decisions will be taken to deport that person and place him / her in a special institution.
What rights does the Ministry of Internal Affairs have in monitoring a person under supervision while he / she is in Russia?
Internal affairs officials have the right:
1) To make requests to government authorities of Russia and foreign states and Russian public authorities to provide information and documents needed to monitor a person under supervision, including documents comprising commercial, banking, tax and other legally protected secrets in accordance with Russian law;
2) To request and receive from a person under supervision documents and information, including on electronic media, that are needed to monitor a person under supervision;
3) To request legal entities and individuals that have entered into legal relationships with, or provide services to, a person under supervision in connection with which requirements relating to the person under supervision must be observed as part of the expulsion regime to submit copies of documents and other information pertaining to such relationships and services;
4) To receive from organizations, including banks, non-bank credit (credit and finance) organizations and organizations that carry on certain kinds of banking operations documents and information on the existence and numbers of bank accounts of a person under supervision and documents and information relating to the movement of funds on such accounts which are needed to monitor the person under supervision, including documents and information containing banking secrets;
5) To obtain access to dwellings and other premises in which a person under supervision is staying / residing or is actually located, upon production of an official identity card;
6) To confiscate documents or copies of documents from a person under supervision, preparing an appropriate confiscation report, in cases established by Russian law;
7) To use devices (including video recording, sounding recording and photography equipment) and information contained in state information systems and / or databases of government bodies;
8) To monitor, directly or indirectly, including with the use of devices, a person under supervision, actions carried out by a person under supervision and activities of individuals and legal entities that assist a person under supervision in staying (residing) in the territory of Russia;
9) To use mobile device and geolocation data, payment system data and data from automated facial recognition devices;
10) To serve orders for a person under supervision to appear before an authorized internal affairs official;
11) To carry out, within the constituent entity of the Russian Federation or municipality in which a person under supervision is residing (staying), visits to, and inspections of, places where the person under supervision may be staying;
12) To exercise other rights provided for in Russian law.
What obligations does the Ministry of Internal Affairs have in monitoring a person under supervision while he / she is in Russia?
Internal affairs officials are obliged:
1) To observe the rights and legitimate interests of a person under supervision and not to allow harm to be caused to the person under supervision or other persons by unlawful decisions and actions (omissions);
2)To use information obtained in the course of exercising supervision solely for the performance of tasks and functions assigned to internal affairs authorities;
3) To inform a person under supervision of his / her rights and obligations;
4) When applying federal state control (supervisory) measures as part of the expulsion regime, to take account of requirements relating to their legality, reasonableness, adequacy and efficiency;
4) To fulfil other obligations provided for in Russian law.
How can it be checked whether a foreign citizen has been included in the register?
Information on whether or not a foreign citizen’s details are contained in the register of persons under supervision is available on the official website of the operator of the register of persons under supervision and is provided free of charge.
A foreign citizen is considered to have been notified of the inclusion of his / her details in the register of persons under supervision or of the exclusion of those details from the register from the day on which they are posted on the operator’s official website.
What details of a foreign citizen are included in the register?
1) Surname, first name, and patronymic (if any);
2) Date of birth;
3) Gender;
4) Citizenship (nationality) or information on the absence of citizenship (nationality);
5) Details of the identification document, including type, series, number and date of issue and the code of the issuing authority (if available);
6) Individual insurance account number — “SNILS” (if available);
7) Tax ID number — “INN” (if available);
8) Place of residence and/or place of stay (if available), whether or not confirmed by registration at the place of residence and / or at the place of stay;
9) Code and name of the internal affairs office at which the foreign citizen has undergone migration registration (if available);
10) Date of inclusion of a foreign citizen’s details in the register of persons under supervision; date of exclusion of those details from the register of persons under supervision;
11) Details of employment activities, including details of the employer or customer for work / services (if available);
12) Details of training, including details of the educational (scientific) organization (if applicable);
13) Details of the grounds for inclusion in the register of persons under supervision;
14) Other information.
Other important changes made by the law
The law introduces conditions of the stay (residence) of foreign citizens in Russia according to which foreign citizens are obliged to refrain from activities that are damaging to Russian interests and to comply with the Russian Constitution and Russian law. Among other things, they must:
- Show due regard for the environment, natural resources and material and cultural valuables of the Russian Federation;
- Respect the diversity of regional and ethnocultural ways of life of the population of the Russian Federation;
- Refrain from obstructing the exercise of rights and freedoms of the citizen of the Russian Federation and the activities of public authorities of the Russian Federation and their officials;
- Refrain from interfering in Russia’s foreign and domestic policies, including from actions aimed at encouraging the adoption, amendment or annulment of laws and other regulatory acts;
- Respect traditional Russian spiritual and moral values, including ideas about marriage as the union of a man and a woman and about family, motherhood, fatherhood and childhood, and observe the requirement of the inadmissibility of the distortion of the historical truth about the feat of the Soviet people in defending the Fatherland and its contribution to the victory over Fascism;
- Refrain from financing and otherwise supporting activities that violate the provisions of subsections 1 to 5 of this clause, and from involving other persons in those activities.
If the conditions are violated, a decision may be adopted concerning the undesirability of the foreign citizen’s stay in Russia, which would result in the imposition of the expulsion regime and a ban on re-entry to Russia.
The period of migration registration of a foreign citizen temporarily staying in Russia will be limited to one year (at present it is linked to the term of a lease agreement or a visa). This comes into force from 1 January 2025.
The period of temporary stay in the Russian Federation of a foreign citizen who has arrived under a visa-free procedure has been reduced to no more than 90 days in total during one calendar year (instead of no more than 90 days during each 180-day period), except in the case of entry for work purposes. This comes into force from 1 January 2025.
The B1 team is continuing to keep a close watch on changes in migration law.
AUTHORS
- Ekaterina Ukhova, Partner, People Advisory services
- Maria Tkacheva, Senior Manager, People Advisory services
- Maria Moskeleva, Senior, People Advisory services
Show references
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[1] Federal Law No. 260-FZ of 08.08.2024 “Concerning Amendments to Certain Legislative Acts of the Russian Federation”
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