- Mikhail Leonidovich, tell us, what does the work of the migration service involve?
In accordance with Presidential Decree No. 232 of February 23, 2002, migration functions were transferred to the Ministry of Internal Affairs. Our service carries out, firstly, migration control, that is, the identification of illegal migrants and the taking of appropriate measures. Secondly, these are issues of labor migration (foreign citizens who work in Russia). And thirdly, forced migrants. Another component of our service is work with refugees. In addition, we coordinate the work of all federal executive authorities on issues of migration to Russia. This, of course, includes migration cooperation, improvement of legislation, and issues of interaction between ministries and departments.
- This summer, in addition to migration cards, labor cards will also be introduced in Russia. What are they for, and what will change with their introduction?
For the employer and for workers, nothing will change - neither the deadlines for considering applications for inviting foreign labor, nor the procedure for considering these applications. Only the form of the document will change. Currently, a work permit is issued on an A4 form that contains a photo and data. The permit is protected against forgery - it has a number. But if dollars are forged, then these forms, of course, have also begun to be forged. In addition, various documents are circulating in which even our service is incorrectly named - for example, not the Moscow Migration Affairs Unit, but the Moscow Migration Department. Moreover, the names of officials are authentic, but everyone understands that such a document is not issued by the Federal Migration Service. The new labor card will simplify our work, and it is also more convenient for workers. Now, for example, a permit is issued for a year, during which time the paper may get wrinkled or torn, but now a plastic card will be issued with a photo, personal data, a chip, and a code - this is convenient for the worker himself and for the inspecting body. When migration inspectorates are set up, they will check the authenticity of these cards with special equipment.
- Tell us, are there at least approximate data on how many illegal migrants currently live in Russia?
According to expert estimates, up to 1.5 million people without a defined legal status are in our country. But this is only an approximate estimate. We introduced the migration card precisely in order to track the number of foreign citizens. A unified database is already being created. When we fully create it, we will then track who is going where and why. As for labor migration, about 3.5 million foreigners work in our country. But only about 300 thousand people received official work permits. It turns out that only one in eleven pays the state fee and taxes, the rest work illegally. The main goal of the migration service today is to force all employers to apply for permission for their workers to work.
- The migration service plans to introduce amendments to the Criminal and Administrative Codes to toughen punishment for employers for hiring illegal labor. What liability will be provided for such employers?
- Currently, when violations are detected, the employer is obliged to pay the state under the Code of Administrative Offenses up to 20 minimum wages. If he officially wants to hire, say, 100 workers, then he needs to pay a state fee of 4,000 rubles for each worker. Today it is easier for him not to pay the state fee, but to wait for inspections and court decisions, because fines are much less than the official registration of foreigners for work. We decided to increase the fines to three thousand minimum wages, since the employer deliberately violates the law. Not only does he derive benefit for himself, but he also violates the rights of his subordinates. There are cases when they are not paid salaries, when workers are kicked out, etc. As for the workers themselves, the fines for them will also be increased.
- Who gave OVIRs the right to arbitrarily expand the list of documents required for registration of foreigners? All OVIRs require an application from the persons who provided housing, with their signatures certified by housing offices. But Article 23 of the RF Law "On the Legal Status of Foreigners" provides a complete list of documents upon presentation of which registration is carried out - this is a passport and a migration card.
This falls under the competence of the Passport and Visa Department of the Ministry of Internal Affairs of the Russian Federation. I can only say that in this case the law is a norm of indirect action. A police officer acts not only according to this law, but also according to regulatory acts and instructions that expand on it, signed by the Ministry of Internal Affairs and the Ministry of Justice. Imagine: a person comes with a passport or migration card and asks to be registered. Then, because of such requests, five thousand people turn out to be registered in the apartment of a pensioner with an area of 30 square meters. And there are hundreds of such cases. Do Russian citizens need this? There is a norm of housing allocation, and I cannot register a person if I violate these norms. The entire migration policy is built on the basis of protecting the interests of Russian citizens. Therefore, the written permission of the owners of the living space is simply necessary, so that they later do not call the police at night and say that a brothel has been set up in the apartment or they are grilling shashlik.
- When will the country have clear and simple laws for migrants? When will there be no obvious absurdity: "register in three days," when no one manages to get registration even in ten days?
- If you write 50 days in the law, believe me, there will still be complaints about why 50 days and not 60. But the law says three days, and I agree that this issue can be reconsidered, making it not three days but a week. But the FMS is an executive authority; it is decreed to do registration in three days - and we do it in that timeframe.
Of course, there are queues now. Twenty million foreigners come to the country every year. Previously, they would come and do whatever they wanted here; they didn't need to obtain anything or register. In civilized countries, measures are much stricter: you will be denied a visa, and you won't even think of complaining or going to court. For some reason, when we try to establish order in Russia, everyone starts talking about the infringement of rights. Even citizens of Western countries start complaining to us, but at the same time they remain silent about the fact that Russian citizens are also not allowed into their countries and are expelled simply because Western countries do not need them. Everyone benefits from Russia being a mess, with no control or accounting. We are trying to regulate the migration problem, so now we need to wait about two months until the bulk of illegal foreign citizens receive documents at the OVIRs. After that, there will be no more queues, and a card and registration can be obtained without queuing.
- What responsibility does a foreign citizen incur when leaving Russia if they have an unexpired migration card but no mark from the OVD about registration of stay? Can border service officers impose a fine or remove a foreign passenger from a train for administrative detention?
- First, a migration card generally cannot expire because it is valid as long as the foreigner is on the territory of Russia. But if a person has a 90-day visa but no mark from the OVD, they are entered into the database. They may be fined, and on the next entry they will hardly be allowed into the country as a person who violated the stay order last time. Therefore, if a foreigner wants to visit Russia only once, they may not get a stamp at all. But if they intend to travel to Russia regularly, they must comply with all laws.
As for punishment, now we are generally trying not so much to punish as to accustom people to order. No one will remove a foreigner from a train. We act only within the framework of administrative fines for six months from the moment the law is introduced. Then, by summer, when people are a little accustomed to the new laws, we plan to somewhat tighten the procedure for crossing borders. This includes fines, questions of inadmission, and questions of restricted admission.
- In Moscow, many organizations offer services for accelerated processing of temporary residence registrations for foreigners. At the same time, it is impossible to assess the legality of the issued registration. Will the foreigner himself be criminally punished for a 'fake' migration card or registration if such violations are detected?
- In no case is the new law aimed at tightening the regime for foreigners. People must understand this. We are talking about regulating migration processes. There is not a single norm that would legally complicate the procedure for bringing a foreign citizen to responsibility. As for the guarantees from these firms selling migration cards... You wouldn't go to get a visa to Switzerland in the basement of some house with an advertisement selling visas to that country. Why should a foreigner get a migration card from some illegal firms when the law stipulates that they receive it along the way, and border guards put a stamp on it? You just need to go to the same OVIR and passport office, get a migration card for free, and stay in Russia calmly.
- Where should an illegal go to turn themselves in? He has lived in Russia for many years, passport and visa are all expired. He was homeless. What to do? This is not an idle question. There are several million such people in Russia.
- A government decree has now been signed on diseases that may restrict the issuance of all status documents. In this regard, we have now completed work on an instruction for permanent and temporary residence. Soon the order on this instruction will be registered with the Ministry of Justice, and our services will fully work on issuing residence permits and temporary residence. This instruction contains a clear procedure for simplified obtaining of a residence permit if a citizen can explain that they really were on the territory of Russia - supporting documents must be provided. You understand, everyone can come and say they have lived in Russia for 50 years, but they will not confirm this with any documents. Then, of course, there can be no talk of any simplified residence permit.
- What needs to be arranged for my grandfather, who will come to visit me from Ukraine?
- On the territory of Russia, he will be given a migration card. This will be done by the transport companies that carry him: it can be on a plane, on a train, or in a car. When crossing the border, border guards will put a stamp indicating that he is on the territory of Russia, after which within three days he must go to the internal affairs authorities and get a stamp on registration at your place of residence, and he can stay on the territory of Russia for 90 days. After that, he must leave and hand in his migration card when crossing the border.
- Please comment on the correlation between the time limit for obtaining a work permit in the migration service and the time limit for temporary registration of CIS citizens at the MVD. Is it possible to obtain all approvals for a work permit in three months?
- In accordance with a government resolution that determines the time limits for issuing work permits, and in accordance with Presidential Decree No. 2146 of 1993, the time limit for issuing a work permit is restricted to 45 days. Before we begin the procedure for processing a permit, the employment service must confirm that we can hire this person. On average, this procedure takes no more than two months. Therefore, within three months of registration in Russia, you will have time to obtain a work permit. In addition, the law provides for the start of processing all documents for foreign workers while the citizen is still outside Russia. It is no accident that such an institution as issuing invitations to enter and engage in labor activity exists. The employer processes all documents while the foreigner lives in his or her homeland. When the worker arrives in Russia, he already has all the documents in hand.
- I am forced to renew my temporary registration in Moscow every quarter. I often travel outside Russia for work. At the border, my migration card is taken away and upon return a new one is issued, which I have to register again at the OVIR with its queues. Why, living in Moscow for a long time, can I not register for a year or more and get a certificate that will not be taken from me every time I cross the border?
- Apply for a multiple-entry annual visa and then you will not have to go to the OVIR. If you come on this visa, you register once. You will still have to receive and surrender your migration card each time. But the border authorities will duplicate the stamp in your passport, and no one will force you to go to the OVIR to get a stamp on that card.
- Are there any restrictions for CIS citizens on the number of entries into Russia? Is it possible, upon expiration of the migration card (three months), to leave Russia and immediately return?
- There are no restrictions; a visa-free regime is in effect, and the validity period of the card is not limited. You can leave, come back, and get a new card. It is simpler to follow the path of temporary residence, which is issued for up to three years, or the path of a multiple-entry annual visa, if you are doing business here. Then your registration will be not for three months, but for a year.
- In France, providing work even for an hour to persons without the right to work entails criminal prosecution and ruinous fines. Stateless persons are sent to camps and escorted to the border. Illegals are criminals in any country. What is being done in Russia to tighten the visa regime for foreigners?
- We must not frighten anyone. We must make foreign citizens respect the Russian Federation and our laws. The laws currently in effect are completely normal, not harsh. As for camps, we are now working on the issue of creating such centers for holding illegal immigrants, as well as deportation centers. All deportation issues will be resolved only through the court. Treatment of illegals will proceed only in a civilized manner; we do not intend to frighten foreigners with prisons and criminal sentences. Everything must be done gradually and carefully. In America, for example, illegal recruitment of foreign labor is punishable by up to 20 years in prison, while we are introducing a new fine of three thousand minimum wages. Perhaps there will be times when we understand that this is the same crime as murder. But you cannot do that right away... We are now trying not to go too far. We give warnings, do not take harsh measures, and give them a period of six months.
- If I plan to visit several cities in Russia during my vacation, do I need to register in each of them? Where should I register - at the OVIR or at any police station?
- You register as a foreign citizen at the OVIR and in each city if you will stay in those cities for more than three days. If you will be staying at a hotel, you can register right there by handing your migration card to the hotel staff. Interestingly, Russian citizens must likewise register in Ukraine, but within ten days.
- I come to Moscow or St. Petersburg for seminars and conferences three or four times a year for four to five days, including weekends. I usually stay with colleagues and friends. Registering according to all the rules under such circumstances is simply unrealistic. The entire trip would be spent at the OVIR. What should I do?
- The law provides for only this norm: you arrive for three days and must register. Unfortunately, I cannot interpret the law as I please, so these conditions must be fulfilled. If other norms are introduced, it will be easier. For now, we cannot advise anything. Five million people immediately flooded into the OVIR, so there are queues there now, but once we legalize them, the queues will be gone.
- Must a citizen of a state that has an interstate agreement with Russia on visa-free movement register his temporary stay with the police department of any locality if the foreigner has no residential premises as a place of stay?
- Crossing the border under a visa-free regime does not exempt foreign citizens from registration. You must register at the place of residential premises, and if there is none, then you must register at a hotel.
- Why, when a person is invited to work, can his family not be registered for the duration of the worker's contract?
- This worker comes to Russia and obtains a work permit. What guarantee is there that 20 members of his family will not come with him and will not work here but steal? Labor migration and ordinary migration are somewhat different things. In such a case, the family must be processed as ordinary migrants temporarily residing in Russia.
- Is a medical insurance policy mandatory for a stateless person who has a one-year visa obtained before the new entry rules came into force, when entering Russia?
- The law has no retroactive effect: if a person already has a corresponding visa, no one will force them to go get a visa again. They do not need to obtain any policies until their visa expires. If this person wants to apply for a job when the new rules for labor migrants are already in effect, then a medical insurance policy will be needed. Similarly, if a work permit was issued before the new law came into force, then until that permit expires, they do not need to obtain any new documents required by the new legislation.