jeudi 3 avril 2014

The Russian Work Permit: What You Need To Know Now If You Plan A Long Term Stay In Russia.

By Michael Haase


Once upon a time it was sufficient to pay some Rubles and to have a stamp on a piece of paper to have an acceptable registration for Russia. But the times have changed and since January 3rd, 2014 it is a legal crime if you are registered with under a fictitious address. However, the law may be on your side when you are not obviously breaking the rules.

Many of the visitors of Russia know the problem: Getting the work permit and Russian Visa was is already a hassle. But now there is even bigger problem arising. At arrival in Russia, they have to register with the Russian local authorities. Otherwise, there would be problems and fines on the border when leaving the country. Some time ago visitors simply used the services of a company providing registrations fast and uncomplicated. They avoided the long queues at the registration office and conveniently received their registration paper. But this has changed now.

Legally correct was such a registration never, but it was somehow tolerated. But now, starting from January 3rd, 2014, such a "fictitious registration" is treated as a criminal action and can lead to a fine from 100.000 to 500.000 Rubles (2.000 to 10.000 Euro). People processing such registrations can even be jailed for up to three years. Along with the person who made the fictive registration also the foreigner will be sentenced guilty if it can be proofed that he was aware that the address of registration was wrong.

A virtual registration won't do anymore; however, the registration is still obligatory. The good thing is that not being registered is by far not considered such a strong crime than being registered under a fictitious address. The consequences are much milder. In theory, a non-registered migrant even may not be fined at all.

What is important to know: It is the duty of the receiving side to register a foreign person in Russia. This can be the inviting person or institution. Usually this is the host or landlord as the place of stay factual counts as the decisive criteria. The good point is that you don't have to go yourselves to the registration office. The landlord should do that. Nowadays the registration can be done easily by public postal service. You are only required to hand over a copy of your passport and migration card you received at the border to Russia to your landlord.

There are some cases where Russian Courts decided that foreigners should be penalized for the missing registration, despite the fact that copies of passport and migration card had been handed over to the landlord. There are other cases where the Russian Court decided that foreigners should be penalized for not being registered. Unfortunately, sometimes legal entitlement and reality do not meet each other in Russia. Despite the fact that the host or landlord is required to register a guest, doesn't matter if it is a Russian or foreign person. In the practice, you will experience very often that already at the negotiation stage for renting a flat the landlord will tell you that the flat will be lent only without registration.

If you rented a flat already, there are things you can do to make sure you are more on the safe side than breaking the rules. What you need to do is handing over copies of migration card and passport to your landlord. If the landlord doesn't want to accept these documents, you should send them by registered postal service with receipt confirmation and stating a list of contents. The dilemma is that your landlord might try to put you on the street. But there is hope in the Russian legal system, and if you have a signed renting agreement in your hands this cannot be done easily and fast.




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