You will learn:
1. Categories of violations of Russian migration legislation for which administrative responsibility is applied.
2. Types of administrative responsibility and fines for violating migration legislation.
Violation of migration laws in Russia can result in serious responsibility for a company and its employees. Such responsibility is divided into several areas where violations occur.
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Violation |
Penalties |
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Migration registration Failure to fulfill obligations for migration registration in cases where the violation is not serious enough for criminal liability. The obligations for migration registration include: notifying the migration service of the arrival/departure of a foreign citizen. |
- Fine for company employees - 40,000 - 50,000 rubles; - Fine for the company - 400,000 - 500,000 rubles. |
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Housing and Medical Care If the company fails to provide financial, medical, and housing assistance to the foreigner during their stay in Russia. |
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Purpose of entry and exit from Russia If the Company fails to ensure that (i) the activity that the foreigner actually carries out in Russia corresponds to the purpose of the trip specified in the visa; and (ii) the foreigner leaves Russia in a timely manner upon the expiration of the visa. |
- Fine for Company employees - 45,000 - 50,000 rubles; - Fine for the Company - 400,000 - 500,000 rubles. |
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False information If the Company provided false information about the purpose of the foreigner's trip to Russia when processing their entry documents. |
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Hiring for work |
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Hiring a foreigner: - if they do not have a work permit; - for a profession (specialty, position) not specified in the work permit; - outside the region of Russia where the work permit was issued. |
- Fine on company employees - 25,000 - 50,000 rubles; - Fine on the company - 250,000 - 800,000 rubles or suspension of company operations for a period of 14 to 90 days; For the same violations in Moscow, St. Petersburg, Moscow and Leningrad regions of Russia, increased fines are applied: - Fine on company employees - 35,000 - 70,000 rubles; - Fine on the company - 400,000 - 1,000,000 rubles or suspension of company operations for a period of 14 to 90 days. |
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Hiring a regular foreign worker without obtaining permission from the Company to attract and use foreign workers. |
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Failure to notify or violation of the procedure or form of notification of the migration service about the conclusion or termination of an employment contract with a foreigner. |
- Fine for Company employees: 25,000-50,000 rubles; - Fine for Company: 250,000-800,000 rubles or suspension of Company's activities for a period of 14 to 90 days; For the same violation in Moscow, St. Petersburg, Moscow and Leningrad regions of Russia, increased fines apply: - Fine for Company employees: 35,000-70,000 rubles; - Fine for Company: 400,000-1,000,000 rubles or suspension of Company's activities for a period of 14 to 90 days. |
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Violation by a foreign citizen of the deadline for applying for changes to the information contained in the work permit, or failure to apply for such changes. |
- Fine for the foreign worker - 4,000-5,000 rubles. |
As can be seen from the above-mentioned fines, for each violation of migration laws, the minimum and maximum administrative liability for employees and the head of the company is 25,000 and 70,000 rubles, respectively, and for the company - 250,000 - 1,000,000 rubles.
As a rule, within the framework of business migration, companies invite more than one foreigner for a business visit or to work in Russia, and when implementing large projects that involve a large migration flow, the risks of the company increase exponentially.
A suspension of activity for up to 90 days can be fatal for a company. In addition to the possibility of losing business during this period, such a measure of responsibility, like any other type of responsibility in this area, does not bode well for the company in the future. The company will subsequently be under close scrutiny of regulatory bodies.
As mentioned above, repeated imposition of responsibility on the head of the company may be the reason for a ban on entry to Russia for 3 years, which can also be devastating for the company's business in cases where its business directly depends on the presence of such a leader in Russia.
The company's adoption of measures to prevent administrative liability and the ability to defend its position in cases where regulatory bodies illegally impose punishment is much more beneficial than bearing the consequences of such liability.
It is important to remember that the ultimate responsibility for the proper conduct of business lies not with the chief accountant, but with the company's leader. In case of questions from regulators, all claims are addressed to the company and its head personally.
Resume:
1. Administrative liability for violating Russian migration legislation is applied for violations in the field of migration registration, obligations to provide foreigners with housing and medical care, compliance of the purpose of the foreigner's entry into Russia with his actual activities, and subsequent fulfillment of the obligation to leave Russia, providing false information about a foreigner, and violation of rules when hiring foreign specialists for work.
2. Administrative liability for violation of migration laws is imposed in the form of fines on companies, their employees, foreigners, and citizens illegally assisting them, as well as suspension of companies' activities. The minimum and maximum administrative liability for employees and the manager of the Company and its partner, as well as other companies and citizens who assist a foreigner in violating migration legislation, is 25,000 to 70,000 rubles for individuals and 250,000 to 1,000,000 rubles for legal entities for each violation.
A significant measure of responsibility for companies can be the suspension of activities for up to 90 days.
A foreigner may be prohibited from entering Russia for 3 years.
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