Foreign citizens arriving on a visa order

Information on the main provisions of Federal Law No. 260-FZ of August 8, 2024 “On Amending Certain Legislative Acts of the Russian Federation” (in order to increase the effectiveness of federal state control (supervision) in the area of migration).

1. The Federal Law contains a number of novelties aimed at improving legislation in the area of migration in the field of
control and oversight of the stay (residence) in the Russian Federation of foreign citizens and stateless persons

2. I. The Federal Law amends the Federal Law of July 25, 2002 No 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation”, providing for:

1. Reduction of the permitted period of temporary stay of foreign citizens to 90 days within a calendar year

2. the obligation of foreign citizens during their stay (residence) on the territory of the Russian Federation to refrain from activities detrimental to the interests of the Russian Federation, to comply with the Constitution of the Russian Federation and the legislation of the Russian Federation.

3 The obligation of foreign citizens in the Russian Federation, who are legal representatives of foreign citizens under the age of 18 or of foreign citizens who are legally incapable or limited in their capacity to act, who have reached the age of 18, to ensure the legality of their stay (residence) in the territory of the Russian Federation, the realization of their rights under the Constitution of the Russian Federation and the legislation of the Russian Federation, including the receipt of basic general education, medical care, accommodation in appropriate housing and living conditions.
in the territory of the Russian Federation, their realization of their rights provided for by the Constitution of the Russian Federation and the legislation of the Russian Federation, including receiving basic general education, medical care, and living in proper housing and living conditions.

4. Introduction of a migration regime of expulsion – a legal regime applied on the basis of federal law in respect of foreign citizens who are in the Russian Federation but do not have legal grounds for stay (residence) in the Russian Federation, in order to ensure their departure from the Russian Federation or their acquisition of legal grounds for stay (residence) in the Russian Federation, providing for the establishment in respect of such persons of restrictions on certain rights and freedoms, the application of measures of federal state control (supervisory control), and the implementation of measures to ensure the realization of their rights under the Constitution of the Russian Federation and the legislation of the Russian Federation.

The essence of this regime is to limit the possibility of realization of certain rights by a foreign citizen illegally staying in the Russian Federation, as well as to significantly expand them.

1 Hereinafter – “Federal Law”.

2 Hereinafter – “foreign citizens”.

3 Paragraph 3 of Article 11 of the Federal Law.

4 Paragraph 2 of Article 11 of the Federal Law.

5 Paragraph 2 of Article 11 of the Federal Law.

6 Paragraphs 1 and 4 of Article 11 of the Federal Law. Hereinafter referred to as “control measures”.

2 control measures applied to it over its location on the territory of the Russian Federation.
Federal law establishes the rights and obligations of a person subject to the expulsion regime1.
Thus, a foreign citizen has the right to:

– Receive, at his request, from a territorial body of the Ministry of Internal Affairs of Russia, information that contains the grounds for the application of the expulsion regime and the provision of which is not prohibited by federal laws;

– familiarize himself/herself with the decisions taken with regard to the application of control measures within the framework of the expulsion regime;

– to appeal decisions (actions (inaction) of officials of the internal affairs body taken (committed) in connection with the application of the expulsion regime and violating the rights of the person under control to a superior body, a superior official of the internal affairs body or to a court in accordance with the procedure established by the legislation of the Russian Federation.

In this case, the foreign citizen is obliged to:

– to appear to an official of the internal affairs body within the established time limit in case of delivery (sending) to him an order to appear;

– fulfill the requirements in a timely manner, comply with the established prohibitions and restrictions;

– inform in accordance with the established procedure, including in electronic form, the Ministry of Internal Affairs of Russia:

– about his/her location, including by sending information with a photographic image with a geolocation mark, in case it is impossible to appear in person at the TO of the Ministry of Internal Affairs of Russia;
– on the occurrence of circumstances preventing timely independent departure from the Russian Federation;

-Change of place of stay without the authorization of the Ministry of Internal Affairs of Russia in case of force majeure;

– the date, place and route of the planned independent departure from the Russian Federation.

In case of repeated (two or more times) failure of the controlled person to fulfill the specified obligations, decisions on deportation and placement in a special institution of the Ministry of Internal Affairs of Russia shall be taken in respect of the controlled person.
a decision on deportation and placement in a special institution of the Ministry of Internal Affairs of the Russian Federation shall be taken with respect to the controlled person.

A person subject to deportation or administrative expulsion (with the exception of persons in respect of whom a decision has been taken on independent controlled departure) shall be placed in a special facility of the Ministry of Internal Affairs of Russia without a court decision for a period of up to 48 hours. Extension of this period will be possible
only by court decision, which will make it possible to ensure judicial control over the decisions taken and the length of the period of detention of a controlled person in a special institution.

1 Paragraph 4 of Article 11 of the Federal Law.

2 Hereinafter – “TO of the Ministry of Internal Affairs of Russia”.

3 Subparagraph “b” of paragraph 10 of Article 11 of the Federal Law.

5. Control measures applied within the framework of the expulsion regime.

In the list of such measures, new measures are enshrined along with those already applied (verification of the identity documents of the person under control, establishment (identification) of his/her identity; compulsory state fingerprint registration and photographing):

– Inclusion of the controlled person in the register of controlled persons, access to which will be provided to interested state bodies and other users;

– Establishing the location of a foreign national, including through the use of technical means (data from mobile devices and geolocation, payment systems, facial recognition means), as well as authorizing internal affairs officers to enter premises, territories where the foreign national should or may be located;

– verification of any documents submitted in respect of the controlled person;

– coordinating the route to the checkpoint at the State border of the Russian Federation;

– monitoring the controlled person’s compliance with the established restrictions and prescriptions, the fulfillment of the duties imposed on the controlled person, and the actions performed by the controlled person.

The expulsion regime is applied to a foreign citizen from the date on which information about him or her is entered in the register of controlled persons.
Information on the presence (or absence) of information about a foreign citizen in the register will be posted on the official website of the Ministry of Internal Affairs of the Russian Federation on the Internet3 and will be provided without charge.

A foreign citizen is deemed to have been notified of the inclusion of information about him or her in the register or of the exclusion of information about him or her from the register from the date of its posting on the official website of the Ministry of Internal Affairs of Russia on the Internet.

Federal law establishes the composition of information on a foreign citizen to be included in the register, as well as exhaustive lists of grounds for including and excluding information on a foreign citizen from the register
from the register.

6. Rights and duties of officials of an internal affairs body when exercising control over the presence in the Russian Federation of a controlled person.

6.1 In particular, when exercising federal state control (supervision) in the area of migration within the framework of the application of the expulsion regime, officials of the internal affairs agency have the right to:

– Send inquiries to State bodies of the Russian Federation, foreign States, and public authorities

1 Paragraph 9 of Article 11 of the Federal Law.

2 Hereinafter – “the register”.

3 Hereinafter – “Internet”.

4 Paragraph 9 of Article 11 of the Federal Law.

5 Paragraph 9 of Article 11 of the Federal Law.

the Russian Federation to provide information and documents necessary to exercise control over the controlled person, including those constituting commercial, banking, tax and other legally protected secrets in accordance with the laws of the Russian Federation;

– request and receive from the controlled person documents and information, including on electronic media, which are necessary for exercising control over the controlled person;

– demand from legal entities, organizations regardless of their organizational and legal form and form of ownership, individuals who have entered into legal relations with the controlled person or who provide services to the controlled person, within the framework of which the requirements established by the Federal Law and by an official of the Ministry of Internal Affairs of Russia in respect of the controlled person within the framework of the application of the expulsion regime must be complied with, to submit copies of documents and other information on the following facts
such facts;

– receive from organizations, including banks, non-bank credit (credit and financial) organizations and organizations performing certain types of banking operations, documents and information on the existence and numbers of the controlled person’s bank accounts, as well as documents and information concerning the movement of funds on such accounts, necessary for exercising control over the controlled person, including those containing banking secrecy, in accordance with the legislation of the Russian Federation;

– to gain access to residential premises and other premises where the controlled person stays (resides) or is actually present, upon presentation of an official ID;

– seize documents or copies thereof from the controlled person with the drawing up of a seizure act in cases established by the legislation of the Russian Federation;

– use technical means (including audio, video and photo recording equipment) and information contained in state information systems and information contained in state information systems and information contained in state information systems and information contained in state information systems and information contained in state information systems and information contained in state information systems,
information contained in state information systems and (or) databases of state bodies;

– conduct surveillance directly or indirectly, including through the use of technical means, of the controlled person, the actions performed by the controlled person, and the activities of individuals and legal entities assisting the controlled person in staying (residing) in the territory of the Russian Federation, taking into account the provisions of paragraphs 15 and 16 of Article 311 of the Federal Law;

– use data from mobile devices and geolocation, payment systems, and special technical means of facial recognition operating in automatic mode;

– issue orders for the controlled person to appear before an authorized official of an internal affairs body;

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within the territory of a constituent entity of the Russian Federation or a municipality in which the controlled person resides (stays), to make visits to possible places of stay of the controlled person and to inspect such places;
exercise other rights provided for by the legislation of the Russian Federation.

6.2 When exercising federal state control (supervision) in the area of migration within the framework of the application of the expulsion regime, officials of the internal affairs agency shall be obliged to:

– To respect the rights and legitimate interests of the person under control, to prevent causing harm to the person under control and other persons by unlawful decisions and actions (inaction);

– use the information obtained in the course of exercising control, in accordance with the legislation of the Russian Federation, exclusively for the fulfillment of tasks and functions assigned to internal affairs bodies;

– inform the person under control of his rights and obligations;

– when applying measures of federal state control (supervision) within the framework of the application of the expulsion regime, take into account the requirements for their legality, validity, sufficiency and effectiveness;

– fulfill other obligations provided for by the legislation of the Russian Federation.

6.3 When exercising federal state control (supervision) in the area of migration within the framework of the application of the expulsion regime, internal affairs officials with special police ranks shall also perform the duties and enjoy the rights provided for by Federal Law No. 3-FZ “On Police” dated February 7, 20111.

7. Federal law establishes certain restrictions on the rights and freedoms of foreign citizens2.

Such restrictions include the following prohibitions:

– to change their place of residence or place of stay in the Russian Federation without the permission of an internal affairs body;
leave the territory of the subject of the Russian Federation or the municipality in which the person under control resides (stays);

– To acquire or alienate immovable property, vehicles and self-propelled machines, and to register such property with state authorities;

– marry;

– establish a legal entity or register as an individual entrepreneur;

– Open a bank account and carry out other banking operations, with the exception of transfers of funds for the purpose of paying compulsory payments established by the legislation of the Russian Federation.

1 Paragraph 9 of Article 11 and Article 14 of the Federal Law.
2 Paragraph 9 of Article 11 of the Federal Law.

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Federation, as well as transfers of funds to the account of a controlled person and the issuance of cash to a controlled person in an amount not exceeding 30,000 rubles per month.

In addition, the Federal Law provides for restrictions on a foreign citizen’s right to drive vehicles and refusal to allow a foreign citizen to take examinations for the right to drive vehicles or to issue (replace or exchange) a Russian national or international driver’s license.

II. The Federal Law amends the Federal Law of July 18, 2006 No. 109-FZ “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation”, which provides for registration of a foreign citizen temporarily staying in the Russian Federation at the place of stay for the period stated in the notice of arrival, but not more than 1 year1.
notification of arrival, but for no longer than 1 year1.

III. Corresponding to the provisions of the Federal Law, amendments are made to specialized legislative acts of the Russian Federation.

For reference: amendments are made to Federal Laws of December 2, 1990 No 395-1 “On Banks and Banking Activity”, of May 19, 1995 No 82-FZ “On Public Associations”, of December 10, 1995 No 196-FZ “On Road Safety”, of January 12, 1996 No 7-FZ “On Non-Profit Organizations”, of August 15, 1996 No 114-FZ “On the Procedure for Departure from and Entry into the Russian Federation”, of September 26, 1997. No 125-FZ “On Freedom of Conscience and Religious Associations”, of November 15, 1997 No 143-FZ “On Acts of Civil Status”, of August 8, 2001 No 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”, of February 7, 2011 No 3-FZ “On Police”, of July 13, 2015 No 218-FZ “On State Registration of Real Estate”, Family Code of the Russian Federation2.