How to avoid liability for violating migration laws in Russia?

You will learn:

1. Recommendations for reducing the risks of liability for the company when organizing business migration.

Given the seriousness of the liability for violating Russian migration legislation, it is necessary to correctly plan and organize all processes related to migration from the very beginning. In this case, preventive measures, despite the costs and efforts, are always more profitable than the possible liability, legal, and financial consequences it entails.

For large projects, a preliminary calculation of all processes and identification of risky/controversial points related to foreign citizens is considered mandatory. And in many cases, to provide the company with "insurance against incorrect/double interpretation of the law by government officials," obtaining official explanations from regulatory bodies is simply necessary.

One of the most obvious ways to minimize risks is to have the correct corporate structure, namely, building a group of companies in such a way as to distribute migration risks among the necessary companies.

Accordingly, with the correct approach to the corporate structure, the claims of regulatory bodies are unlikely to affect the operations of the company itself and the implementation of its projects. Migration risks can be partially shifted to partners (service providers) attracted to organize migration processes for the company. In this case, the risk of project stoppage due to claims of regulatory bodies is significantly reduced.

As practice shows, to successfully implement migration processes and ensure proper functioning of the Company, it is necessary to engage partners - specialized consultants with extensive practical experience. This will not only help to structure the work of the Company with foreign nationals effectively and identify associated risks in a timely manner, but also increase the chances of timely issuance of necessary documents for foreign nationals' entry into Russia, other migration processes, as well as successful resolution of disputes in case of claims by regulatory authorities (who often hold companies responsible unjustifiably or misinterpret legal norms).

Special attention should be paid to the fact that the inviting or receiving party, as well as the officials of the legal entity that provides services to foreign nationals or stateless persons, bear responsibility for violation of the rules of stay in the Russian Federation by foreign nationals and stateless persons.

Resume:

1. To avoid risks of serious liability, it is necessary to pay attention to the proper organization of migration flows within the Company before their implementation, especially for large projects.

2. Proper corporate structuring that considers potential migration risks and the involvement of specialized partners will significantly reduce risks for the Company's operations, including in cases where liability has already been incurred for violating migration legislation.