Amedments aimed at the improvement of the mechanism of migration registration of foreign citizens and stateless persons were introdused to law

Federal Law "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation" No. 109-FZ of 18 July 2006 was amended to the extent related to the determination of a party hosting foreign citizen or stateless person in the Russian Federation and the place of residence of foreign citizen or stateless person in the Russian Federation (these amendments became effective on 25 March 2011).

Now the premises, institution or organisation where a foreign citizen or a stateless person stays and/or at the address of which such person should be registered with the migration authorities shall be deemed the place of residence of such foreign citizen or stateless person.

The following persons/organisations may act as hosting party:

• citizen of the Russian Federation;
• foreign citizen or stateless person permanently residing in the Russian Federation;
• legal entity, branch or representative office of legal entity;
• federal state authority, state authority of a constituent territory of the Russian Federation, local authority;
• diplomatic mission or consular office of a foreign country in the Russian Federation;
• international organisation or its representative office in the Russian Federation, or representative office of a foreign country to international organisation located in the Russian Federation where foreign citizen or stateless person actually resides or is engaged in labor activity (is located).

In the Law the notion of hosting party was extended: foreign citizen may act as hosting party in respect of members of his/her family, provided that he/she is a highly-skilled professional and owns residential premises in the Russian Federation. Therefore, provision of a highly-skilled professional with a right to act as hosting party for members of his/her family does not depend upon whether such foreign citizen obtained a status of permanently residing in the Russian Federation. Availability of ownership title to residential premises in the Russian Federation (regardless its area) for foreign citizen shall be of the essence.

Timescales within which foreign citizen temporary staying or sojourning in the Russian Federation, or a party hosting such foreign citizen are obliged to carry our formalities required for the migration registration of such citizens were increased. These timescales now equal 7 day (used to be 3 days). It should be noted that as a general rule the required formalities related to the migration registration shall be carried out by hosting party by means of filing a notification on the arrival of foreign citizen to the place of residence with the migration authority. The following situations are exceptions and in such situations foreign citizens themselves are obliged to notify about place of their residence by virtue of Federal Law "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation" No. 109-FZ of 18 July 2006:

• if documented admissible excuses preventing hosting party itself from filing a notification on the arrival of foreign citizen to the place of residence with the migration authority is available;
• if foreign citizen wants to declare his/her own residential premises located in the Russian Federation as his/her place of residence;
• if foreign citizen permanently residing in the Russian Federation wants to notify the respective migration authority about his/her arrival to the place of residence in person or in accordance with the prescribed procedure by mail (a written consent of hosting party is mandatory).

Also starting from 25 March 2001 lawmaker decided to waive prosecution for breach of migration rules of those foreign citizens who were not registered at the place of their residence (save for some cases expressly determined by law). Such approach seems logical as far as in most cases, as it was discussed above, the obligation to ensure migration registration of foreign citizens at the place of their residence is imposed on hosting party, not on such foreign citizen.

Those foreign citizens that are invited to the Russian Federation for business or humanitarian purposes in order to carry out employment activity and who are attracted to conduct scholastic activity in the state educational establishments (save for ecclesiastical educational institutions) are not required to obtain work permit; for the said category of foreign citizens issuance of standard business and standard humanitarian visas is provided for.

See: Federal Law "On Amendment of the Federal Law "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation and Certain Legislative Acts of the Russian Federation" No. 42-FZ of 20 March 2011, Federal Law "On Amendment of Article 13 of the Federal Law "On Legal Status of Foreign Citizens in the Russian Federation" and Article 25.6 of the Federal Law "On Procedure of Exit from the Russian Federation and Entrance to the Russian Federation" No. 80-FZ of 21 April 2011.