On April 5, 2016, Decree No.156 of the Russian President “On improving state regulation in the field of control over circulation of narcotic drugs, psychotropic substances and their precursors and in the field of migration” became effective. 

This decree in particular liquidates the Russian Federal Migration Service (the “FMS”), and all its functions and powers are assigned to the Russian Ministry of Internal Affairs (the “MVD”) which becomes the legal successor of the authority being liquidated, including as regards obligations arising from the enforcement of court decisions. 

Therefore, the MVD will handle all issues concerning labor migration, including issuance of work visas and permits for highly qualified foreign specialists. 

Previously the MVD has already been in charge of migration issues, and only in 2004 due to a mass scale government reform a special authority – the FMS – was created based on the MVD passport and visa service and was granted powers for regulating labor migration. As a result, a series of administrative regulations was adopted governing the work of the FMS, including on issuing invitations for entry into Russia and work permits and visas for foreign employees. 

The issue of liquidating the FMS has been under discussion since the end of 2014. It was proposed that functions of migration control should be assigned to the MVD, and issues concerning regulating labor migration should be delegated to the Russian Ministry of Labor and Social Protection. However, reforms took a different route and the MVD became the authority in the field of migration and labor. 

As a conclusion, we would like to note that the FMS continues working in its regular mode until June 1, 2016, that is up to the completion of its liquidation. In connection with this fact, it is recommended for employers who plan to attract foreign specialists in the near future to prepare the required documents by June 1, 2016, since in practice certain requirements concerning the documents and timeframes for procedures can change due to transfer of functions between the authorities.

Anna Chaykina   Senior Associate    St. Petersburg    achaykina@cls.ru    Tel.: +7 (812) 346 79 90

Additional notes

Should any questions arise in connection with the above or if you need any additional materials, please contact Anna Chaykina , St. Petersburg Office of Capital Legal Services.

This Information letter keeps the clients of Capital Legal Services and other interested parties abreast of information that may, to any extent, affect their activity or cater to their particular interests. The opinions and commentaries expressed in this information letter shall not be deemed as legal opinions and do not cancel the need to obtain legal advice or legal opinion on separate issues.