Migration is one of the major social processes in the 21st century. People are looking for work, changing their place of residence, studying in other countries. Russia is no exception in this matter.
Of course, any migration must be legal, with all the necessary documents and procedures. That’s what immigration lawyers are for. They help foreigners go through all the legal stages of obtaining status in Russia. This may be a temporary residence permit, a residence permit, a work permit, the removal of an entry ban.
In this article, we will tell you how a migration lawyer is useful, what issues he works with and what he does to get the result.
The article will talk about the work of a lawyer in migration law in several areas:
- Entry ban. What are the types and what does a lawyer do;
- Obtaining a residence permit or temporary residence permit;
- Obtaining a work permit or registration of a highly qualified specialist.
Ban on entry to Russia
Quite a common situation, statistics show this. In January-February 2023, 26,182 foreign citizens and stateless persons were banned from entering the country. A similar figure is obtained in other months.
As is usually the case, the foreigner learns about the entry ban at the border with Russia. He may receive a notification, although this is not always the case.
What does a lawyer do in this situation? First of all, learn about the reason for the ban on entry. It is indicated in the notification (norm of the law) or you need to check the information on the website of the Ministry of Internal Affairs. However, the reason for the ban is not always written on the site either. It indicates the region in which the ban was imposed and which authority did it.
In addition, the official website may report that no grounds were found preventing entry, this does not always mean that they really do not exist. The system contains only information from the Ministry of the Interior, other authorities have their own sources, they must be contacted separately.
A lawyer, in order to find out the reason for the ban, writes a request to the Ministry of Internal Affairs. The request consists of several blocks. In the upper part, the lawyer indicates the territorial body of the Ministry. Further, the specialist describes the main facts and indicates that the foreigner does not know the reason for the ban.
After that, the lawyer asks the Ministry of Internal Affairs to write the reason for the ban and attaches all the necessary documents. The response time is generally 30 days, maybe less.
So, now we will briefly talk about what could be the reasons for the ban on entry into Russia.
All reasons why a foreigner can receive a travel ban are regulated by Federal Law No. 114-FZ. The very process of making a decision not to allow entry is described in Decree of the Government of the Russian Federation No. 12 dated January 14, 2015. Legal grounds arise in accordance with 114-FZ, then PP No. 12 is applied by the authority.
1.Prohibition after bringing to administrative responsibility.
If within three years a foreigner has been brought to administrative responsibility in Russia for two or more years, then he will receive a ban on entry for a period of three years.
Here, the migration lawyer will look at the following facts:
- If there is a canceled decision on bringing administrative responsibility, and the Ministry of Internal Affairs did not notice this, then we attach the act of cancellation to the application;
- If a foreigner has a family or close relatives in Russia (mother, father, brother, sister, spouse), then this will increase the chances of lifting the entry ban for this reason. In the application, the lawyer may refer not only to national law, but also to the Convention for the Protection of Human Rights and Fundamental Freedoms;
- Real estate in Russia will also be a plus. This means that the person is interested in living in Russia.
First, the specialist writes a statement to the Ministry of Internal Affairs, then, if it doesn’t work out, we go to court. The lawyer indicates these circumstances and asks to lift the ban. It usually takes 3-4 months.
2.Unwillingness to stay in Russia
There can be two reasons here – a criminal record or an illness of a foreigner. The specialist will find out the reason in the notification or when he writes to the Ministry of Internal Affairs.
Undesirability due to a criminal record is a temporary measure, it cannot be indefinite. Therefore, if you have been told that the ban due to a criminal record is indefinite, then you can reduce it.
The ban is reduced by the term of the conviction. When it ends, then the ban is lifted. In this case, close relatives in the Russian Federation will also be a big plus.
The lawyer draws up an administrative statement of claim, sends it to the location of the territorial body of the Federal Penitentiary Service (the body that made the decision). The claim indicates all the circumstances that are relevant to the case (for example, the presence of close relatives – citizens of the Russian Federation, or indicate that your order is valid indefinitely, and this is illegal.
Now let’s talk about the undesirability of staying due to illness. There is a list of diseases with which you cannot enter Russia. These are syphilis, leprosy, HIV, drug addiction.
The difference here is that some diseases are curable, and some are not. A foreigner is being treated in his own country, for example, for syphilis. Receives a certificate that he is healthy.
Next, the lawyer writes a statement to Rospotrebnadzor. In this case, this authority prohibits entry. The specialist indicates that the foreigner has recovered and can enter without danger to others. If Rospotrebnadzor refused, then you can go to court with the same grounds.
With HIV, the situation is more complicated. It cannot be cured. Here again the factor of the foreigner’s connection with Russia plays. Relatives, real estate, studies.
- Forged documents or non-payment of a fine
Often a foreigner tries to enter with fake documents. It is forbidden, for this he receives a ban on entry. Most often here the ban is reduced to 3 years. In the lawsuit, the lawyer describes all the circumstances.
With a fine, the situation is much simpler. A foreigner can, for example, receive a fine for violating traffic rules. He did not pay it and received a ban on entry
In this case, the lawyer draws up a request to the body that imposed the fine. A foreign citizen must pay it and then the ban can be lifted. It is important here to add to the application for lifting the ban a receipt for paying fines.
4.Violation of deadlines and ban in Belarus
Also quite common situations. A foreigner, when entering the country, gets on the migration register. He has a limit on the time he can be in the country. If he violates it, he will receive a ban on entry. Exceeding the stay of 90 and 180 days entails a sanction of 3 and 5 years of a ban on entry.
A migration lawyer will analyze your situation and see if there are grounds for lifting the ban. For example, a foreigner was no longer in the country, and the system did not record the departure. Everything is also decided by a statement to the Ministry of Internal Affairs, where a specialist describes all the facts and evidence. If it did not work out through the ministry, then we go to court.
We also want to talk about a situation that arises unexpectedly and confuses foreigners. Russia and Belarus are a Union State, there is no border between them. Let’s explain in a simple way, a foreigner was carrying cargo through Belarus and Russia and received a fine in Belarus, because of this he received a ban on entering Russia. That’s how this system works
In such a difficult situation, a specialist will write to the Ministry of Belarus to find out the reason for the ban. We continue with the same procedure. We are writing an application to lift the ban. We describe all the facts: that the foreigner paid a fine, did not break the law, or has a family in Russia.
Our practice shows that it is possible to remove it or reduce the term under such prohibitions.
Legalization in Russia. Temporary residence permit, residence permit, work permit
So, we told you about the first area of work of a migration lawyer. Now we are talking about the second. Any foreigner (employee, student, tourist, teacher) must be in Russia on the basis of documents. He must receive these important papers in advance before entering the country.
The job of a migration lawyer here is to help a foreigner get these documents quickly, without unnecessary errors and fines.
Work permit, work visa
Let’s talk about labor law first. To enter the country, you need to apply for a work visa. Work permit – to legally work in Russia.
First, the organization must obtain permission to attract foreign workers. For this:
- There should be quotas of the Government of the Russian Federation for attracting foreigners;
- The company must draw up an application to the Ministry of Internal Affairs in the form (State duty 10,000 rubles per employee);
- The company receives a permit within 30 days and sends an invitation to a foreign worker;
Next, the foreigner draws up a work visa. He can do it at the consulate of the Russian Federation in his country. A foreigner collects documents, a passport and an invitation, and within 20 days the visa will be ready. In the paragraph on the purpose of entry, the foreigner indicates “Work in Russia”.
So, a foreigner has issued a work visa and can now enter Russia. At the same time, we issue a work permit. The lawyer advises and assists the organization or foreign worker throughout the procedure
To obtain a work permit:
- We write an application in the form to the territorial body of the Ministry of Internal Affairs. We indicate the term of work, and also give a notarized translation of the foreigner’s passport (2000 rubles);
- A foreigner passes a medical commission in Russia and draws up a policy. An employee must not be sick with HIV, leprosy, tuberculosis, or be drug addicted. (A medical examination costs about 6,000 rubles, an insurance policy costs 4,000 rubles);
- A foreigner takes an exam on knowledge of the Russian language and key moments in the history of Russia.
In addition, a migration lawyer advises on the employment contract with a foreign worker. Let’s also note a few things here:
- The employment contract is translated into a foreign language and given to the employee. We also draw up a work book;
- The employer must provide housing for a foreign citizen, he mentions this in a statement to the Ministry of Internal Affairs;
- A foreigner draws up a policy of voluntary medical insurance;
- The organization notifies the Ministry of Internal Affairs of employment.
Highly qualified specialist
A lawyer in migration law helps to register a highly qualified specialist. There are no quotas for them, no need to obtain a permit to attract, a work permit is valid for three years or more. There are also many more benefits.
The migration lawyer must inform the organization that the organization should pay a salary of about 160 thousand rubles to a highly qualified specialist. This is a requirement of the law. However, in some areas the salary is lower.
The organization must actually pay this salary to a foreigner and send reports about this to the Ministry of Internal Affairs.
Let’s note the situations when a work permit is not needed:
- The foreigner has a residence permit, temporary residence permit, refugee status;
- The foreigner will be a master in an authorized service center for servicing imported equipment;
- The foreigner will teach in Russia in an educational organization.
Otherwise, the procedure for obtaining a work visa and work permit is similar to the usual case. A lawyer will help you obtain these documents, register an employee and legally obtain the necessary certificates.
Obtaining a residence permit, a temporary residence permit
Also a very important section. Quite a lot of foreigners wish to obtain a residence permit and RVP for living, studying or working in Russia. The purpose of the migration lawyer is to help him.
There are two ways to get a residence permit. Regular and simplified. The lawyer analyzes your situation and determines which method is suitable.
Let’s talk about the usual order first.
1.Obtaining a temporary residence permit
Before you can get a residence permit, you need to apply for a temporary residence permit. There are also two options here: with a quota from the Government and without it.
Without it, a temporary residence permit can receive:
- Foreigners who receive a residence permit in a simplified manner;
- Foreigners married to a Russian citizen;
- Children of a foreigner receiving and receiving a permit
- The foreigner entered military service in Russia;
- Temporary residence permit for studying at an educational institution under the state training program (for the period of study + 180 days).
A foreigner submits an application to a multifunctional migration center in Moscow, or to the local department of the Ministry of Internal Affairs in other regions of the country. The specialist will help him prepare all the necessary documents.
Remember that a foreigner must be registered and notify the Ministry of Internal Affairs about it. Migration registration is very important.
- We get a residence permit
One year after registration of the TRP, we can obtain a residence permit. To do this, you must submit documents and an application to the multifunctional center or the Ministry of Internal Affairs.
It is also necessary:
- A document on the absence of a criminal record from a foreign state;
- Knowledge of the Russian language and key moments of history;
- Income not lower than the subsistence minimum (in Moscow 16,000 rubles);
- Certificate of absence of diseases;
- Pay a state duty of 5000 rubles.
Simplified procedure for obtaining a residence permit
To obtain a residence permit without a temporary residence permit can:
- Children of foreign parents who receive a residence permit in a simplified manner;
- Foreign highly qualified specialists;
- Foreigners whose parents or children are Russian citizens permanently residing in the country;
- Foreigners who have received higher education in Russia on a full-time program and with an excellent diploma;
- A foreigner who is an IT specialist and works in an accredited company;
- Foreign investor (from 15 to 30 million rubles in Russian business, socially significant projects, real estate);
- Specialists who have worked in Russia for more than 6 months from the list of professions. These are medical workers, teachers, engineers, developers.
The work of a specialist in migration law here is to understand which category a foreigner fits into, correctly draw up all documents and applications, and do everything quickly and without errors.
As you can see, the work of a lawyer in migration law goes in several directions. The important thing is that a real specialist will work with each case individually. Evaluate his chances and prospects, help a foreigner in situations he does not understand.
A specialist can help both foreign citizens and organizations. And mistakes can cost money and take a lot of extra time.