Starting from March 11, 2019 checklists (lists of audit questions) forms have come into effect1 to be applied during inspection of compliance with requirements of Russian migration laws by legal entities and individual entrepreneurs, who:
- engage foreign citizens and stateless persons in employment
- activities within the Russian Federation (Exhibit No.1) are considered as a host or inviting party (Exhibit No.2)
Checklists (lists of test questions) contain certain questions involving the mandatory requirements for legal entities and individual entrepreneurs in migration area, compliance with which is the most important to prevent the threat of harm to national security2. It is specifically noted in the checklists that answers to the test questions clearly indicate compliance or non-compliance by a legal entity, an individual entrepreneur with the mandatory requirements that comprise the subject of inspection.
For instance, checklist form for those, who engage foreign citizens and stateless persons contains 10 questions, such as:
- Does the employer have permit to engage and use foreign workers?
- Are foreign employees hired on the basis of an employment or civil contract?
- Do all foreign employees have valid work permits or patents for employment?
- Has the employer notified the territorial body of the Ministry of internal Affairs on the conclusion of employment or civil contracts with foreign citizens?
For those, who are considered as a host or an inviting party, the checklist is shorter and consists of 5 questions. This checklist’s questions are limited to check the educational organization’s performance of its obligation to notify the territorial body of the Ministry of Internal Affairs on the arrival and departure of a foreign citizen, no later than 12 hours of the day following the day of departure, completion or termination of study.
The checklists are introduced in the form of a spreadsheet with questions, possible answers to the questions (yes/no/not applicable), as well as references to the regulatory legal act that establishes a specific mandatory requirement.
Territorial bodies of the Ministry of Internal Affairs will use the checklists while conducting scheduled inspections of all legal entities and individual entrepreneurs who hire foreign citizens and stateless persons in the territory of the Russian Federation, as well as legal entities and individual entrepreneurs, who are the host or inviting party. Thus, subject of a scheduled inspection is limited to the list of questions contained in the checklist.
Use of checklists is also recommended directly for legal entities and individual entrepreneurs, who employ foreigners or stateless persons or who are the host or inviting party, with the purpose of self-examination.
1Decree of Ministry of Internal Affairs dated 29.01.2019 No. 42
2Clause 6 of Regulations on the implementation of federal state control (supervision) in migration area, approved by the Russian Government Decree dated November 13.11.2012 No. 1162