Review of the Presidential Decree on temporary measures to regulate the legal situation of foreign citizens and stateless persons in Russia during the period of overcoming the consequences of COVID-19 spread

On June 16, 2021, a new decree of the Russian President on temporary measures to regulate the legal situation of foreign citizens and stateless persons in Russia during the period of overcoming the consequences of the spread of COVID-19 (“Decree”)1 came into force. Its main provisions are as follows:

1. From June 16, 2021, and until the expiration of 90 days from the date of lifting the temporary restrictions imposed by Russia on transport communication with a foreign state2 the duration of the following terms is suspended:

Suspension of the flow of terms

Notes

1

  1. Terms of temporary stay
  2. The terms for which foreign citizens and stateless persons are registered at the place of stay
  3. The validity period of the visa and migration card (with marks affixed to issued) to foreign citizens and stateless persons it

Applicable to foreign citizens and stateless persons who are in Russia and have the citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence

2

The validity period of certificates of the participants of the State Program of Support for the Resettlement in the Russian Federation of Compatriots Residing Abroad (State Program)

Applicable to the certificates valid as of March 15, 2020

3

Validity periods of temporary residence permits and permanent residence permits

Applicable to temporary and permanent residence permits, valid as of March 15, 2020, if foreign citizens and stateless persons with such documents are located outside Russia

4

Terms of stay outside the Russian Federation

Applicable to:

  1. Participants of the State Program and their family members
  2. Foreign citizens and stateless persons who have temporary or permanent residence permits
  3. Foreign citizens and stateless persons who are highly qualified specialists

if these persons have not entered Russia before the expiration of the 6 months of stay outside it, necessary for deciding on the cancellation of the certificate of the participant of the State Program / temporary residence permit / permanent residence permit / work permit issued to a highly qualified specialist accordingly

2. From June 16 to December 31, 2021, inclusive the duration of the following terms is suspended:
  1. Terms of temporary or permanent residence in Russia of foreign citizens and stateless persons who are in Russia 
  2. The terms for which foreign citizens and stateless persons are registered at the place of residence
  3. The validity period of refugee certificates and certificates of temporary asylum in Russia 

3. Until September 30, 2021, inclusive

(1) No following decisions are to be made with respect to foreign citizens and stateless persons in Russia3:
  1. On administrative expulsion from Russia 
  2. On deportation or transfer to a foreign state under the international treaty of the Russian Federation on readmission
  3. On refusal to enter Russia or the undesirability of staying (living) in Russia 
  4. On reducing the period of temporary stay in Russia

(2) Foreign citizens and stateless persons can apply to the territorial bodies of the Russian Ministry of Internal Affairs (MVD) with an application for the settlement of their legal situation or leave Russia (if they do not want to settle their legal status).

This measure is available for foreign citizens and stateless persons who arrived in Russia before March 15, 2020, and as of June 16, 2021, do not have legal grounds for staying (living) in Russia.

4. From June 16 to December 31, 2021, inclusive the requirements for the stated purpose of the visit to Russia are not considered:
  1. When concluding employment or civil law contracts with foreign citizens who are citizens of the member states of the Eurasian Economic Union
  2. When applying for the issuance (reissue) of a patent by visa-free foreign citizens and stateless persons4
  3. When applying for the issuance (extension) of work permits to visa-requiring foreign citizens and stateless persons by employers or customers of works (services) 

1Decree of the President of the Russian Federation No. 364 of June 15, 2021
2The list of foreign states in respect of which temporary restrictions on transport communication imposed by Russia will be lifted (indicating the date of lifting of such restrictions) is approved by the Russian Government
3Apart from foreign citizens and stateless persons who are to be released from prison, or who have violated the Russian legislation on the state border, or who pose a threat to the national security of Russia, or support terrorist (extremist) activities, or encroach on public order and public security
4In addition, the Decree establishes that for such cases the requirements for the established deadline for submitting documents are not considered as well