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Amendments to the procedure for migration registration of foreign citizens

On October 26, 2023, amendments to the Federal Law of July 18, 2006, No. 109-FZ "On the Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation" were implemented (introduced by Federal Law of April 28, 2023, No. 156-FZ).

These changes pertain to the ability of foreign citizens to independently submit a notification of their arrival to the immigration authorities. This option is now available in the following cases (in addition to cases specified by law earlier[1]):

1. A foreign citizen personally submits electronically within the legally established timeframe[2] a notification of their arrival to the immigration authorities, as well as the arrival of their children under the age of 18, if:

- the residential premises provided to the foreign citizen for actual residence (temporary stay) are owned by a Russian citizen who has a personal account on the "Gosuslugi" portal and is registered in the ESIA state system (ESIA Gosuslugi), and
the foreign citizen has a personal account on the "Gosuslugi" portal and is registered in the ESIA state system (ESIA Gosuslugi).
In this case, the consent of the owner of the residential premises for the actual residence (temporary stay) of the foreign citizen and children under the age of 18 in the residential premises owned by this owner is confirmed using the portal ESIA Gosuslugi in the manner prescribed by the Government of the Russian Federation.

Regarding their children under the age of 18, documents confirming the family relationship[3] are attached to the notification.

Exception: This does not apply to cases where a foreign citizen is accommodated in organizations and institutions specified by the Law, including hotels, sanatoriums, medical organizations, social service organizations, and organizations where legal/other activities not prohibited by law are carried out (if the foreign citizen actually resides at the address of such organization/its premises)[4].

2. If a foreign citizen who has arrived in the Russian Federation in accordance with the visa requirement actually resides in the premises declared in the application for the issuance of an invitation to enter the Russian Federation as the intended place of stay, then the notification of their arrival at this place of stay can be submitted to the migration registration authority personally by the foreign citizen[5].

Exception - the same as item 1 above.

3. In the case of concluding a lease agreement for residential premises between the foreign citizen and the receiving party, the foreign citizen shall submit a notification of their arrival at the place of stay and the arrival of their children under the age of 18, specified in the lease agreement, to the migration registration authority in person or in electronic form.

A copy of the residential lease agreement and documents confirming the family relationship (for children under 18 years of age) [6] shall be attached to the notification.
Additionally, it is provided that when the foreign citizen submits a notification of their arrival at the place of stay and the arrival of their children under 18 years of age in electronic form, the detachable part of this notification in electronic form, signed by the qualified electronic signature of the official of the migration registration authority, shall be sent to the personal account of the foreign citizen in ESIA Public Services, which will serve as confirmation that the receiving party has taken the necessary actions to register the foreign citizen at the place of stay[7]. This provision applies only in cases when:

• the foreign citizen declares actual residence (stay) in a residential premises owned by them[8];
• the notification is sent through ESIA Public Services (item 1 discussed above)[9];

when the premises are provided by the receiving party under a residential lease agreement (item 3 discussed above)[10].

[1] part 3-3.2. of article 22 Law No. 109-FZ

[2] The deadlines are established in part 3 of article 20 Law No. 109-FZ

[3] part 3.3. of article 22 Law No. 109-FZ

[4] paragraphs 1 and 3 of part 3 of article 20 and part 2 of article 21 Law No. 109-FZ

[5] part 3.4. of article 22 Law No. 109-FZ

[6] part 3.5. of article 22 Law No. 109-FZ

[7] part 4.1., part 7 of article 22 Law No. 109-FZ

[8] part 3.1. of article 22 Law No. 109-FZ

[9] part 3.3. of article 22 Law No. 109-FZ

[10] part 3.5. of article 22 Law No. 109-FZ

by Konsu Administrator