Migration law updates

Migration law updates

To comply with the requirements of the migration legislation, please be informed on the significant changes in this legislation.

The Federal Law No. 316-FZ of 10 July 2023 “On Amendments to the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” was published on 10 July 2023
Highly qualified specialists (hereinafter referred to as the “HQS”), as well as their family members, are required to re-do a medical examination
  • within 30 calendar days from the date of the decision to extend the validity of the work permit,
  • or from the date of entry in the Russian Federation if this decision is made on the date of their absence in Russia.
This requirement has already come into force (from 10 July 2023).
From 01 March 2024 the requirement for the minimum amount of salary for HQS will be changed to “at least 750,000 rubles for one quarter”.

These changes do not apply to special categories of HQS such as researchers and teachers, foreign citizens resident of the technology-innovative special economic zone, etc.
From 07 January 2024 the HQS are obliged to personally receive a work permit within 30 calendar days from the decision date of the Ministry of Internal Affairs of Russia (MIA) to issue a work permit. If HQS have valid excuse (confirmed by documents), a work permit can be obtained later, not exceeding 30 calendar days from the date the employer's application on this occasion was received by the MIA of Russia.

If a work permit is not received within the specified period, a work permit is not issued, and the decision to issue it is cancelled. If the decision to extend the work permit is cancelled, the HQS and his family members must leave the Russian Federation no later than within 15 calendar days.
Since 07 January 2024 an employer or customer of services is prohibited to attract HQS to work in the Russian Federation for 2 years:
  • if after 6 months following the reporting period an employer or customer did not provide the tax authorities with the information on the calculated and transferred amounts of personal income tax in relation to the HQS,
  • or if within the specified period an employer or customer provided the tax authorities with the false information on the calculated and transferred amounts of personal income tax in relation to the HQS.
Since 07 January 2024 in case of early termination of an employment or civil law contract, if a new contract has not been concluded, or if the employer’s or customer’s request to engage a HQS has been rejected, a foreign citizen must leave the Russian Federation within 30 calendar (previously 30 working days) days from the date of expiry of the 30 working days' period from the date of termination of the contract.
A residence permit is issued for an unlimited period of validity to HQS who have been working in the Russian Federation as HQS for at least 2 years, and to members of their families, provided that these HQS and their family members live in the Russian Federation based on a residence permit of the HQS. At the same time, taxes must be transferred by the employer within 2 years of the HQS's labor activity.
The Decree No. 1 of the Chief State Sanitary Doctor “On carrying out clean-up immunisation against measles in the Russian Federation” was adopted on 8 February 2023
Until 31 December 2023 the employers are required to ensure that foreign employees are immunised against measles. Foreign citizens who have not had measles and do not have vaccinations or information about vaccinations against measles are subject to immunisation. The Decree does not fix the procedure for conducting immunisation, thus, the employer determines such a procedure independently. When determining the procedure for immunisation, employers can use the Letter of the Ministry of Labor of Russia dated 23 July 2021, N 14-4/10/P-5532 "On sending Clarifications from the Ministry of Labor of Russia, Rospotrebnadzor on the organisation of vaccination in organised work collectives (work collectives) and the procedure for accounting for the percentage of vaccinated".
We remind you that a foreign employee has the right to refuse preventive vaccinations in writing in accordance with paragraph 3 of Art. 5 of the Federal Law N 157-FZ, paragraph 7 of Art. 20 of the Federal Law of 21 November 2011 N 323-FZ "On the basics of protecting the health of citizens in the Russian Federation". Nevertheless, the employer has the right to require vaccination if the employee’s activities are included in the list of works, the performance of which is associated with a high risk of contracting infectious diseases in accordance with Decree of the Government of the Russian Federation of 15 July 1999 No. 825.

Marillion experts are ready to provide you prompt support on the matter. Please kindly contact us for more detailed clarifications regarding the up-to-date agenda.

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