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FMS Projects to reform Russia immigration laws

FMS Projects to reform Russia immigration lawsOn more than one occasion  have the Federal Migration Service officials spoken on the proposed changes to the Russian immigration legislation aimed at facilitation of engaging foreign labour in Russia as well as revolutionary modernisation of such instituions as Temporary and Permanent Residence Permits.

 

Among other changes it is proposed to introduce a “points” system which will allow a more thorough and personal approach in selection of foreigners who are to be allowed permanent residence in Russia.

 

Federal Migration Service is eager to create the best possible environment for business travellers as well as for work migrants. The essence of the proposed changes is to “merge”  institutions of the work permit and work visa with the institutions of the temporary and permanent residence permits.

 

The need for such considerable changes is propmted by the fact that not all mechanisms of foreign labour engagement currently in place answer Russia’s economic needs. For instance, old-established Quota mechanism which requires employers to plan their foreign labour needs a year in advance is considered to be too bureaucratic as it distracts too much effort and resources from employers. According to the proposals the “Quota-mechanism” will be aboilished to be substituted partly by the  referred to above “points” system and establishment of certain “share” of foreign labour which will be permitted in each industry.

 

The main focus of the reform in pursuance of the aims set out in the Conception of Russia immigration policy till the year 2025 is the reform of the institute of Temporary Residence Permit.

 

Considerable problems exist today with family reunions as foreigners willing to reunite with their family members who are Russian citizens need to apply for the Temporary Residence Permits. The review of documents takes approx. 6 months and upon the receipt of Temporary Residence Permit it is required that a foreign national live for 1 year in Russia. Only after that can they apply for the Permanent Residence Permit, having to collect approximately the same long list of documentation. The Permanent Residence Permit in its turn is issued for a 5-year period after which it should be extended or application for the Russian citizenship becomes an option.

 

For those who do not have family members who are Russian citizens the process is even harder as a number of Temporary Residence Permits issued each year is restricted by a quota.

In the light of these hardships aims of the reform are to make Permanent Residence accessible, partly by introduction of the “points” system and selective approach to immigrants willing to obtain the Permanent Residence Permit.

 

The suggested “points” system will assess migrants by the following criteria: age, education level, other qualifications, existance of a job offer from an employer in Russia, existance of Russian relatives and fluency in Russian. Each criteria will give a certain number of points to the candidate. The minimum of 75 points will be necessary to be considered for the permanent residency, 100 points being a maximum.

 

It is planned to develop a web-page where one will be able to assess ones chances before considering submitting an application.

 

Dangerous illnesses or prior convictions will of course prevent from acquiring the residency status.

 

Along with the “points” system preferences will be extended to the foreigners who were born in Russia (citizens of former USSR), or graduated from a Russian university.

 

At the same time there will be an opportunity for those who can not make use of the preference or is unable to acquire the required number of points to obtain Permanent Residence Permit through the institution of Temporary Residence Permit.

 

In order to be eligible for a Temporary Residence Permit one will have to provide evidence of the declared purpose of visit, for example – work (labour agreement), education (agreement with the university or other educational institution). Among other aims are: family reunion, investment, refuge, religious purposes.

 

The form of the Residence permits will endure a change as well. Thus, instead of a stamp in a passport permits will look like stickers in passport. These will substitute the work permits and visas as well.

 

It is proposed that Temporary Residence Permits will now be issued for a maximum term of 5 years with the possibility of extension. The term will be extended from existing 3 years to 5 years mainly  to accommodate the needs of university students.

 

Of course such wide-scale changes will prompt changes to medical and pension legislation.

 

It is also proposed to simplify the procedure for acquiring Russian citizenship for investors and businessmen. Thus, at the moment the Russian citizenship is granted by the President of the Russian Federation. It is proposed that Russian consulates abroad and Federal Migration Service offices will be given authority to grant citizenship.

 

The following categories of foreigners will benefit from the proposed simplification:

 

1. Russian university graduates who have worked for 3 years in Russia;

2. Individual entrepreneurs who conduct their business in Russia for more than 3 years and whose income is not less than 10 million rubles a year;

3. Investors into a legal entrity which has chartered capital of not less than 100 million rubles or which has paid taxes of minimum 6 million rubles a year during 3 years period and this investor’s share should not be less than 10 per cent;

4. Highly Qualified Professionals who have worked in Russia for minimum of 3 years on one of the out of quota positions (for example General Director, director of department);

 

The changes to the institutions of the Temporary Residence Permit and Permanent Residence Permit as well as the simplification of rules for acquiring Russian citizenship should answer the needs of the growing number of foreigners who have already lived for many years and even decades in Russia and due to a highly bureaucratic and unflexible process for obtaing of Residence Permits haven’t received the residency status in Russia.