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Russian Migration Legislation Changes - June 2014 (Part 3)

Russian Migration Legislation Changes - June 2014

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 Suspension of quotas for foreign workers from Kyrgyzstan


According to Aliyasbek Alymkulov, the minister of Migration, Labor and Youth of Kyrgyz Republic, Russia intends to abolish quotas for foreign workers from Kyrgyzstan. Under the new agreement between the Russian Federation and the Kyrgyz Republic everyone will be able to leave for work in Russia, and all the necessary documents will be available even in Kyrgyzstan, said Aliyasbek Alymkulov at the meeting with journalists.

The Minister particularly focused media attention on the fact that the Kyrgyz authorities have a positive attitude to the decision of the Russian government because these steps will reduce illegal migration flows, and the entry of the Republic into the Customs Union and the consequent inclusion in common economic space will make it possible to completely solve the problem of foreign workers.

According to the Federal Migration Service, there are seven million citizens of the former Soviet republics living illegally in Russia nowadays, and nearly one million of them are citizens of Kyrgyzstan.


Introduction of entry fee for foreigners in Russia


A draft law requiring foreigners and stateless persons entering Russia without a visa to pay a special entry fee was introduced in the State Duma. It is planned that the fee will be paid at the entrance to the Russian Federation and its size and manner of payment will be determined by the Government. Only foreigners passing through Russia en route will be exempt from it.

The main purpose of introduction of entry fee is reduction of budget expenses for possible deportation or administrative expulsion from Russia. Thus, the novation will serve to smooth expulsion of foreigners living in the Russian Federation illegally and will help to reduce crime.


Changes in the procedure of quotas adjustment


The RF Government has introduced a draft resolution approving new rules for defining the quota. According to it, quotas for a temporary residency permit in Russia can be adjusted throughout the year that, in the event of emergencies will allow more foreigners to get a document giving them the right to live and work in the Russian Federation.

Nowadays the quota for temporary residency  permits for foreigners is determined once a year (it based on proposals of the regional authorities, taking into account the demographic situation and the capabilities of the subject in the arrangement of foreigners), and the decision on the establishment of the quota cannot be revised and shall be subject to compulsory implementation.

But in practice it often turns out that the quota for temporary residence is already exhausted in the beginning of the year, and foreigners without special privileges have to wait for a year to re-qualify for a quota (but it still does not mean that the foreigner will compulsorily receive it).

The draft resolution of the Government makes allowances in a similar decree (adopted in 2003) and approves new rules for defining the quotas. It is proposed to remove the phrase "not subject to revision" that will allow the Government to make decisions about adjusting quotas based on a request of the governor of the region.


Employers are required to pay fees for foreign workers


The State Duma has adopted a draft law requiring employers to pay insurance fees to the pension fund for foreign workers from the first day of their employment and not in six months as before (that contributed to the fact that it was much profitable to hire a foreign citizen that a native).

With the entry into force of the law in 2015, employers will not have reasons to prefer foreign workers to Russians because in any case they will pay insurance fees. The draft law also establishes the installments up to 1 year to pay insurance fees in case of natural disasters, as well as it introduces an additional control over their payments.


In addition, the initiative reduces the minimum number of employees (from 50 to 25) when employers are required to submit reports to the state budget forms over the Internet. The draft law also extends the period of field audit of payers of insurance fees from 2 months to 4-6 months and sets the grounds and procedures for conducting further inspections.

© Levine Bridge, 2014

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