Persons guilty of violating the migration legislation of the Russian Federation are liable in accordance with the legislation of the Russian Federation.
– in the absence of a medical insurance policy and in the presence of an outstanding criminal record
– in case of unpaid fines and tax arrears in the Russian Federation until full refund
– if you are in the country without paperwork for more than 90 days in total during a period of 180 days – entry into the Russian Federation is prohibited for 3 years
– for committing 2 or more any administrative violations within 3 years and were brought to administrative responsibility for this – entry into the Russian Federation is not allowed for 3 years;
– for the fact that you were brought to administrative responsibility 2 or more times within 1 year for violation of the migration regime – entry into the Russian Federation is not allowed for 5 years;
– for exceeding the legal period of stay in the Russian Federation for more than 30 days – entry into the Russian Federation is not allowed for 3 years, for exceeding for a period from 180 to 270 days – entry into the Russian Federation is not allowed for 5 years, for exceeding more than 270 days – entry into the Russian Federation is not allowed for 10 years.
Also, in addition to the ban on entry, administrative or criminal liability is provided for violating the migration legislation of the Russian Federation.
What is administrative responsibility for?
– did not register for temporary migration at the place of temporary stay after 7 days
– did not notify the migration registration authorities about the change in information during the implementation of migration registration (change of place of stay – residence);
– did not renew migration registration, having a valid temporary residence permit / residence permit;
– did not extend the period of stay on the territory of the Russian Federation, having received a certificate of temporary asylum on the territory of the Russian Federation;
– did not notify the territorial body of the federal executive body in the field of migration at the place of receipt of the TRP / residence permit by this foreign citizen about the confirmation of his residence in the Russian Federation;
– is in violation of migration legislation, expressed in the absence of documents confirming the right to stay on the territory of the Russian Federation;
– inconsistency between the declared purpose of entering the Russian Federation and the activities actually carried out on the territory of the Russian Federation;
– employment in the absence of a patent for work;
– carrying out activities in certain types of economic activities on the territory of the Russian Federation limited to 0 (zero) percent of foreign workers;
– to obtain a patent for work when a foreign citizen applies after 30 calendar days from the date of entry into the Russian Federation;
– providing deliberately false information when registering for migration.
Possible fine of 2000-5000 rubles or a fine with administrative expulsion from the Russian Federation (part 1 of article 18.8, part 1.1 of article 18.8, part 2 of article 18.8, part 1 of article 18.10, part 3 of article 18.10, part 2 of article 18.17, art. 3 of Art. 18.10, part 2 of Art. 18.17, Art. 18.20, part. 1 of Art. 19.27, part 3 of Art. 20.25 of the CAO RF).
What can be criminalized?
– For the use of forged documents and their production. Forgery of a document is punishable by imprisonment or restraint of liberty for up to 2 years. The use of forged documents is punishable by a fine of up to 80 thousand rubles or arrest for up to 6 months (Article 327 of the Criminal Code of the Russian Federation);
– Crossing the border of the Russian Federation by a foreign citizen who is aware of the entry ban imposed on him is punishable by imprisonment for up to 4 years, or a fine of up to 300 thousand rubles (Article 322.2 of the Criminal Code of the Russian Federation);
– Fictitious registration of a foreign citizen at the place of stay entails the imposition of a fine on the receiving party in the amount of 100 to 500 thousand rubles, or imprisonment for up to 3 years (Article 322.3 of the Criminal Code of the Russian Federation).
Legal entities operating in accordance with the legislation of the Russian Federation, we suggest that in addition to the existing basis for migration registration of foreign citizens at the address of the organization to submit the documents required for registration of a foreign citizen at the place of stay at the address of the legal entity, subject to simultaneous compliance with the following conditions:
1. Ensuring the activity of the organization (availability of an office and its employees) at the declared location of the legal entity;
2. Availability of labor or civil law contracts concluded with foreign workers for the performance of work (provision of services) and notifications on conclusion of such contracts submitted to the territorial bodies of the Ministry of Internal Affairs of Russia;
3. The organization has an official responsible for the registration of foreign nationals, including for the purpose of prompt interaction with the territorial bodies of the Ministry of Internal Affairs of Russia to determine the actual location of foreign nationals registered.