30/6/0
The bill "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation", as well as amendments to the federal law "On the Legal Status of Foreign Citizens in the Russian Federation", which provide for a transition to a notification-based registration system for foreign labor, are expected to be approved by State Duma deputies in the second reading shortly after they return from their electoral districts. It is assumed that the new migration rules will come into force on January 15, 2007. As stated by the head of the State Duma Committee on Constitutional Legislation, Vladimir Pligin, following foreigners, the new rules will also affect Russian citizens who come from the provinces to work in Moscow.
In the first reading, the State Duma approved the migration laws at the end of March this year. However, during the preparation of the documents for the second reading, no fundamental changes occurred. The bills were amended and clarified only in terms of editing.
Moscow legislators had previously insisted on conceptual changes, proposing that their federal colleagues return to a permit-based registration system for foreigners in Russia, and also maintain the provision of a residence permit in a region only if quotas for foreign labor exist. At the same time, the mayor stated that the capital needs "its own migration policy" and registration in Moscow would help solve most problems. In his opinion, the principles that may be effective in sparsely populated Siberian regions could lead to wage dumping and loss of control over newcomers in Moscow.
According to Vladimir Pligin, the State Duma considered such proposals a "step backward," but met the Moscow authorities halfway by allowing the possibility to set quotas for foreign labor in coordination with the government. However, for now, the simplified employment procedure will apply to foreigners arriving in Russia under a visa-free regime. Migrants will be able to notify of their arrival, including by mail, and registration authorities will not have the right to refuse to accept the application. The list of documents required to obtain a temporary residence permit is also significantly reduced. However, for the first time, this list includes the requirement to have a certificate confirming the absence of HIV infection, as well as drug addiction and dangerous infectious diseases in the migrant worker.
Foreigners will now be able to obtain a work permit on their own within ten days after submitting an application. At the same time, the temporary residence permit in the region for such workers will not depend on the availability of quotas for attracting foreign labor. From now on, migrants will not have to renew their migration card every three months (a foreign citizen traveling to Russia for work receives it upon entry and fills it out independently). Migrant workers will have the right to move freely across the country provided they notify the migration service in time. Also, the possibility of registering these categories of citizens at their place of stay is introduced not only in residential but also in non-residential premises. The new provisions provide for the possibility of registering practically at the construction site, pioneer camp, or dormitory.
In fact, it is about legalizing the already existing state of affairs in the foreign labor market, noted Vladimir Pligin. At the same time, parliamentarians will force not only migrant workers but also employers to respect the law. "We want to encourage the employer and the employee to make it legal work, so that these people are included in the legal payrolls," emphasized the committee head.
"The State Duma also raised the question of providing, even if minimal, social guarantees for such people. And the employer will be interested in this, as we are providing for certain sanctions," noted Vladimir Pligin, speaking about the upcoming intention of legislators to establish administrative liability for employers violating the law. At the same time, the parliamentarian did not rule out that the new rules could be adjusted after they come into force. For example, regarding the transition to a similar registration procedure for Russians who come to the capital or other cities for work. "The relevant legislative norms will be analyzed before the end of the autumn session," the deputy said in this regard. "And if they differ to some extent from the legal status of foreigners, then, naturally, these contradictions will be removed in the law on registration of citizens of the Russian Federation."