Migration registration of foreign nationals: criminal liability has been extended

On 12 November 2018, Federal Law No. 420-FZ “On amending article 322.3 of the Criminal Code of the Russian Federation (the “Law”) was adopted. The amendments extend the definition of a sham registration of foreign nationals or stateless persons at the place of their stay in Russia not only to residential premises, but also to companies’ offices.

The new rules came into force starting from 23 November 2018.

Key amendments

The extension of criminal liability is linked to a change in the system for registering foreign nationals for migration purposes in Russia. In accordance with the new rules, in effect since July 2018, foreign nationals should register at the address where they are actually staying in Russia. Employers are entitled to register their foreign employees at an office address only if such foreign employees are actually residing at that address in premises (including temporary ones) that are specially equipped for sleep and rest (for more detail, please see our alert dated 3 July 2018).

The amendments to article 322.3 of the Russian Criminal Code extend liability for a sham registration of foreign nationals for migration purposes to situations when a foreign national has been registered at a company's address at which he or she will manifestly not live. There is also a threat of criminal liability if a foreign national is registered at the address of a company for which he or she does not work and does not undertake any operational activity.

When a foreign national is registered at a company’s address at which he or she does not actually live, the person who faces criminal liability is the officer of the company responsible for registering foreign nationals for migration purposes (primarily, the company’s CEO). Criminal liability may also be a threat for company employees who are registering foreign nationals for migration purposes (for example, under a power of attorney from a landlord or another document from the receiving party) at residential premises in which such foreign nationals will manifestly not be living.

The criminal penalty is:

• a fine ranging from RUB 100,000 to RUB 500,000 or in the amount of the convicted person’s salary or other income for up to three years; or
• correctional labour for a term of up to three years; or
• imprisonment for a term of up to three years.

In addition to the latter two sanctions listed above, the court is entitled to disqualify the convicted person from occupying particular positions or conducting particular activity for a term of up to three years.
What to think about, what to do

Companies and their officers who register foreign employees for migration purposes should take these changes into consideration.

Company employees who register foreign employees for migration purposes should, to mitigate the risk of having criminal liability imposed for supplying inaccurate information, assure themselves that the foreign national will actually live at the address indicated for registration purposes.

Although the amendments to criminal law do not have retroactive effect, companies at whose address foreign nationals have been registered who actually do not live there (this is possible if the migration registration was effected before 8 July 2018, and the foreign national has not left Russia since then), it is advisable to re-register such foreign nationals at the place where they actually reside in order to rule out potential risks.

Help from your adviser

Pepeliaev Group's lawyers have considerable experience of advising and representing clients on how to comply with migration legislation. They are ready to provide comprehensive assistance and legal support on any matter relating to the current rules for registering foreign nationals for migration purposes.