New legal regime for the expulsion of foreign nationals: what you need to know
From 5 February 2025, a new legal regime of expulsion will come into force in the Russian Federation, which will apply to foreign citizens and stateless persons who are in the territory of the country without legal grounds. This regime is aimed at ensuring that such persons leave Russia or obtain legal grounds for their stay. An important element of this process will be the Register of Controlled Persons, which will play a key role in determining the status of foreign nationals.
What is the Register of Controlled Persons?
The Register of Controlled Persons is a special list that will contain data on foreign nationals subject to removal. Inclusion in this register means that the foreign citizen or stateless person does not have legal grounds for staying in Russia. From the moment of inclusion in the register, controlled persons will have certain rights and freedoms restricted and federal state control measures in the area of migration will be applied.
Grounds for inclusion in the register
There are several grounds for including a foreigner in the Register of Controlled Persons:
1. Expiry of the period of temporary residence: If the period for which the residence permit or temporary permit was issued has expired, this may be a reason for inclusion in the register.
2. Cancellation of documents: If the visa or temporary residence permit is cancelled, the foreigner may also be included in the register.
3. Pending administrative measures: If the foreigner is subject to a decision on expulsion or deportation, this may also be grounds for entry in the register.
- Violation of the law: The conviction of an alien for an offence for which a conviction has entered into force may also lead to his or her inclusion in the register.
Restrictions when entering the register
If a foreign citizen is on the register of controlled persons, he or she is prohibited, for example, to:
- Change his/her place of residence or place of stay in the Russian Federation without the permission of an internal affairs body;
- Leave the territory of the constituent entity of the Russian Federation or the municipality; where the controlled person resides or stays, with the exception of leaving the Russian Federation;
- Establish a legal entity, register as an individual entrepreneur;
- Conclude marriage;
- Enter into a loan agreement, open bank accounts, make transfers, and otherwise dispose of funds on accounts with banks and other credit organisations of the Russian Federation, except for cash withdrawals (not more than 30,000 Rubles per month) etc.
How to find out whether an employee has been included in the register?
Employers and foreign citizens will be able to check the status of an employee in the Register of Controlled Persons through special online services that will be available on the official websites of state bodies. It is important that employers regularly check information about their employees to avoid unforeseen situations.
What should an employer do?
If an employer has learnt that his employee has been included in the Register of Controlled Persons, he should:
1. Contact the Migration Service: The first step is to consult with the migration authorities to obtain clarification on the status of the employee and possible actions.
2. Assess the legal consequences: The employer needs to understand the consequences of expelling the worker and how this will affect the business.
3. Prepare documents: If necessary, the employer should be prepared to provide documents to prove the legality of the foreign national’s employment.
What should a foreign citizen do?
- Visit migration service in case of receiving an order to appear at the Department of Internal Affairs.
2.Timely fulfil the requirements, comply with prohibitions and established restrictions.
3. Inform the Ministry of Internal Affairs of his/her whereabouts, date, place and route of planned independent departure from Russia.