Amendments to Federal Law N 115-FZ On the Legal Status of Foreign Nationals in the Russian Federation have been reviewed.

1. Medical examination, fingerprinting and photo taking after December 29, 2021

1.1 Medical examination

From December 29, 2021 onwards, almost all foreign nationals staying in the Russian Federation will have to go through a medical examination for detection of use of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, infectious diseases endangering others as indicated in the list  approved by the Russian Government (Appendix N 1 to Russian Ministry of Health Decree N 384n dated June 29, 2015), and HIV infection (further the “medical examination”) (foreign nationals and stateless persons suffering from HIV, if these individuals have family members (spouse), children (including adopted children), parents (including adoptive ones) who are citizens of the Russian Federation or foreign nationals or stateless persons permanently residing in the Russian Federation are not to provide HIV certificates if there are no violations of Russian laws on the prevention of the spread of HIV infection).The following diseases are currently included in this list: leprosy (Hansen’s disease), syphilis, human immunodeficiency virus (HIV) disease, asymptomatic infection caused by HIV, COVID-19.

Categories of foreign nationals and timeframes for medical examinations

Foreign nationals required to go through a medical examination:

  1. Foreign nationals who have arrived in the Russian Federation for purposes other than work for a period exceeding 90 calendar days must go through a medical examination within 90 calendar days of the date of entry into the Russian Federation (Article 5(18(1)) effective as of December 29, 2021);
  2. Foreign nationals who have arrived in the Russian Federation to work must go through a medical examination within 30 calendar days of the date of entry into the Russian Federation (Article 5(18(1)) effective as of December 29, 2021).

This also applies to anyone applying for a temporary or permanent residence permit.

How to undergo medical examinations and validity term of medical documents

The Russian Ministry of Public Health has set out how to conduct medical examinations, including how to test for narcotic drugs or psychotropic substances or new potentially dangerous psychoactive substances and their metabolites, for infectious diseases endangering others, and HIV infection. The Ministry has also provided forms and set out validity terms for the medical documents issued following such tests and medical examinations. Decree N 384n issued by the Russian Ministry of Public Health on June 29, 2015 approving the list of infectious diseases endangering others used as grounds for declining or canceling temporary residence permits for foreign nationals and stateless persons, or permanent residence permits, patents, or work permits, as well as the procedure for confirming their presence or absence, as well as the form for medical reports on the presence (absence) of these diseases provides that medical documents are valid for 3 months from the date of their issue. However, this document and rule may be subject to change.

Medical examinations are to be carried out in accordance with Federal Law N 52-FZ dated March 30, 1999 On Sanitary and Epidemiological Public Well-Being and other Russian regulations for medical organizations located in the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation or federal law.

Medical examinations are conducted in medical organizations located in the Russian Federation (as listed by the highest executive body of the appropriate constituent entity of the Russian Federation), unless otherwise provided by an international treaty of the Russian Federation or federal law. So, medical examinations will usually have to be done in the constituent entity of the Russian Federation in which foreign nationals live and/or work.

For example, the current list of medical organizations is set:

  • In St. Petersburg by St. Petersburg Government Decree N 253 (as amended on August 19, 2021) Approving the List of Medical Organizations Authorized to Issue in St. Petersburg Documents Confirming the Absence of Drug Addiction and Infectious Diseases Endangering Others as Listed and Approved by the Russian Government, as well as the List of Medical Organizations Authorized to Issue in St. Petersburg Certificates of Absence of Disease Caused by Human Immunodeficiency Virus (HIV infection);
  • In Moscow by Moscow Government Decree N 819-PP dated December 24, 2014 (as amended on December 15, 2015) Approving the List of Medical Organizations Authorized to Issue in Moscow Documents Confirming the Absence of Drug Addiction and Infectious Diseases Endangering Others as Listed and Approved by the Russian Government, as well as Certificates of Absence of Disease Caused by Human Immunodeficiency Virus (HIV infection) (expired on October 31, 2021);
  • Moscow Government Decree N 1517-PP Establishing Lists of Medical Organizations in accordance with Federal Law N 115-FZ dated of July 25, 2002 On the Legal Status of Foreign Nationals in the Russian Federation (effective as of October 31, 2021).

Foreign nationals must go through another medical examination within 30 calendar days of the date of expiration of the relevant medical documents and submit medical certificates directly to the local department of the Russian Ministry of Internal Affairs, either electronically, or through the single portal of state and municipal services, or through an authorized organization (Article 5(19(1)) effective as of December 29, 2021).

A federal law sets out how to submit these medical documents to the local department of the Russian Ministry of Internal Affairs or to an authorized organization. The Russian Ministry of Internal Affairs has also provided how government agencies should liaise as well as set storage periods for these documents.

For more information on this issue for foreign nationals applying for a temporary/permanent residence permit, work permit (including work permit for highly qualified specialist), or a patent, please see below (Sections 5-8). Please note that for these foreign nationals will be go through medical examinations under the new rules as early as October 31, 2021.

1.2 Mandatory fingerprinting and photo taking

Timeframe

Foreign nationals are subject to mandatory fingerprinting and photo taking as follows:

1) Foreign nationals who have arrived in the Russian Federation (from any country) for purposes other than work for a period exceeding 90 calendar days are to be fingerprinted and photographed within 90 calendar days of the date of entry into the Russian Federation (Article 5(13(1)) effective as of December 29, 2021), and those foreign nationals who have arrived in the Russian Federation for purposes other than work for fewer than 90 calendar days are not subject to mandatory fingerprinting and photo taking;

2) Foreign nationals who have arrived in the Russian Federation to work are to be fingerprinted and photographed within 30 calendar days of the date of entry into the Russian Federation, or when applying for a patent or a work permit (for highly qualified specialists and WTO) (Article 5(13(2)) effective as of December 29, 2021). This is required for all foreign employees.

These foreign nationals must complete this procedure once, except for the cases specified by the Russian Ministry of Internal Affairs (Article 5(13(3)) effective as of December 29, 2021). For example, foreign nationals under administrative arrest, etc. will have to go through the procedure again if it is impossible to identify them by verifying their fingerprints (Russian Ministry of Internal Affairs Decree N 384 dated June 19, 2018 Approving the Procedure for Identifying a Person by Fingerprints in real time and the List of People Not Subject to Mandatory Fingerprinting in Case of Identification as a Result of Verification of Fingerprints in Real Time”).

The Russian Ministry of Internal Affairs sets out the procedure for mandatory fingerprinting and photo taking. Russian Ministry of Internal Affairs Decree N 514 dated August 13, 2018 Approving the Procedure for Local Departments of the Russian Ministry of Internal Affairs to Fingerprint and Photograph Foreign Nationals and Stateless Persons Authorized to Work in the Russian Federation is likely to be brought in line with federal law as it omits some categories of foreign nationals.

The law provides that based on a decision of the Russian Ministry of Internal Affairs, it is possible to complete this procedure through special enterprises (Federal State Unitary Enterprises), as well as receive and transfer medical documents for foreign nationals to the local departments of the Russian Ministry of Internal Affairs in individual constituent entities of the Russian Federation. The Russian Ministry of Internal Affairs has approved the procedure for providing such assistance and for interactions between government agencies. In Moscow, this may be assigned to the special organization authorized by this constituent entity of the Russian Federation under Federal Law N 128-FZ dated July 25, 1998 On State Fingerprinting in the Russian Federation.

To be fingerprinted and photographed, foreign nationals must personally contact the local department of the Russian Ministry of Internal Affairs of the Russian Federation or relevant authorized organization and provide:

  • A document confirming their identity recognized by the Russian Federation as an identity document (e.g. passport);
  • HIV certificate;
  • Other documents confirming that the foreign national has gone through the appropriate medical examination (see 4.1. Medical Examination; Article 5(17) effective as of December 29, 2021).

Compulsory fingerprinting and photographing have not for now been introduced for new categories of foreign nationals.

Certificate. Foreign nationals who have gone through these procedures are issued a document confirming that they have completed compulsory fingerprinting and photo taking (Article 5(13(5)).

If this is technically possible as determined by the Russian Ministry of Internal Affairs, such document is issued in the Russian Federation or its individual constituent entities as a card with the owner’s biometric personal data (an electronic image of the person’s face and the papillary patterns of two fingers of this person suitable for his identification), as well as the owner’s personal data (i.e. last name, first name, patronymic (if any)), date and place of birth, gender, nationality, details of the foreign national’s identity document. This document can be used by state authorities to identify a foreign citizen using biometric personal data as determined by the Russian Ministry of Internal Affairs.

1.3 Consequences and liability for failure to go through mandatory procedures

If a foreign national does not go through the mandatory medical examination, compulsory fingerprinting and photo taking and does not submit the relevant documents to the Ministry of Internal Affairs in due time, i.e. fails to fulfill statutory duties, the period of the foreign national’s temporary stay in the Russian Federation will be reduced.

And in cases provided by law, foreign nationals may be refused residence (stay) or entry into the Russian Federation, if:

  • The medical examination shows that they used narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances; or
  • They suffer from a disease caused by human immunodeficiency virus (HIV infection); or
  • They suffer from one of the infectious diseases endangering others (Article 5(23) effective as of December 29, 2021).

Permits (temporary or permanent residence permits, work permits (including work permits for highly qualified specialists, patents) will not be issued and/or may be canceled if the appropriate medical documents are not provided and/or compulsory fingerprinting and photo taking are not done within the set timeframe.

1.4 Who is exempt from fingerprinting, photo taking and medical examination

The following foreign nationals do not need to go through a medical examination and be fingerprinted and photographed (Article 5(20, 21) effective as of December 29, 2021):

1) Citizens of the Republic of Belarus;

2) Officers of international (interstate, intergovernmental) organizations who entered the Russian Federation to perform their work duties, and employees of representative offices of international (interstate, intergovernmental) organizations in the Russian Federation or employees of representative offices and officers of other organizations who are granted under international treaties of the Russian Federation a status similar to the status of international (interstate, intergovernmental) organizations, as well as the family members of these foreign nationals;

3) Children under the age of 6;

4) Foreign nationals who have arrived in the Russian Federation for purposes other than work for a period of fewer than 90 calendar days;

5) People who have already gone through a medical examination as provided under Federal Law No. 115-FZ or Federal Law On Refugees able to provide valid documents confirming that they have gone through a medical examination and been fingerprinted and photographed.

Other exceptions have also been established based on the principle of reciprocity (the Russian Ministry of Foreign Affairs has approved the list of foreign states to which these provisions are applied based the principle of reciprocity):

1) Heads of diplomatic missions and heads of consular offices of foreign states in the Russian Federation, members of diplomatic staff, consular officials, as well as members of the administrative and technical staff of diplomatic missions or consular offices of foreign states in the Russian Federation, as well as members of their family;

2) Holders of diplomatic, service passports (including special, official and other passports recognized as such by the Russian Federation) and who entered the Russian Federation to perform the duties of officials of foreign states, as well as members of their family;

3) Employees and members of the administrative and technical staff of military offices, trade missions and other representative offices of state authorities of foreign states, as well as members of their family.

December 22, 2021 New clarifications from the Russian Ministry of Internal Affairs (further the “MVD”):

Fingerprinting and photographing are carried out by the local departments of the MVD once, without charging any duties, regardless of the number of exits/entries into the Russian Federation. A laminated form with a photo and the owner’s data is issued with no validity term. People who went through this procedure previously (before the law was amended), including when obtaining a patent, are exempted from fingerprinting and photo taking and only need to apply to the local department of the MVD to obtain a document confirming that they have been fingerprinted and photographed.

It is possible to book a preliminary appointment for fingerprinting and photo taking by phone, or in person at the migration department of the MVD local departments that have an electronic queue management system.

Applicants will be served at the MVD Passport and Visa Service and Moscow Multifunctional Migration Center on a first-come, first-served basis. To avoid queues, it is therefore recommended to apply for documents in advance and choose the time of visit when it is quieter, i.e. in the afternoon.

In case of loss or damage of documents confirming mandatory fingerprinting and photo taking, it is necessary to contact any of the abovementioned MVD divisions for reissuance of such documents.

Timeframes for fingerprinting, photo taking, and medical examination:

  1. Foreign nationals who have arrived in the Russian Federation to work must complete these mandatory procedures within 30 calendar days of the date of entry, or when applying for a patent or work permit;
  2. Foreign nationals who have arrived in the Russian Federation for other purposes for a long period (more than 90 days) must do so within 90 calendar days of the date of entry.

Medical examination documents are valid for 3 months from the date of issuance (Russian Ministry of Health Decree No. 1079n dated November 19, 2021).

December 30, 2021. The validity term might be extended to one year (CCIFR).

The procedure must be repeated within 30 days of the expiration of the validity of the medical documents.

Working citizens of EAEU member states, if they stay for more than 30 days in the Russian Federation, are also required to be fingerprinted and photographed once. Medical examinations are conducted in accordance with Russian Ministry of Health Decree No. 1079n dated November 19, 2021.

Where to get these documents?

The migration departments of the MVD local departments (https://мвд.рф/ ), the MVD Passport and Visa Service (https://pvsmvd.ru/) and its branches, as well as Moscow Multifunctional Migration Center (https://mc.mos.ru/ru) are in charge of fingerprinting and photographing foreign nationals.

The highest executive body of each constituent entity of the Russian Federation provides a list of medical organizations authorized to conduct medical examinations in their respective constituent entity.

List for St. Petersburg: https://78.xn--b1aew.xn--p1ai/migr/med_spb

List for Leningrad Oblast: https://78.xn--b1aew.xn--p1ai/migr/med_lo

Foreign nationals who entered the Russian Federation before December 29, 2021 will be required to go through these mandatory procedures upon subsequent entry into the Russian Federation. But given that the MVD takes fingerprints and photos only once with subsequent issuance of a confirmation document with no validity term, foreign citizens who entered the Russian Federation before December 29, 2021 are entitled to go through this procedure, without having to exit the Russian Federation.

Who is exempt from these mandatory procedures?

The following foreign nationals do not need to go through these mandatory procedures:

– Citizens of the Republic of Belarus (Treaty between the Russian Federation and the Republic of Belarus dated December 25, 1998 On Equal Rights of Citizens);

– Children under the age of 6;

– Officers of international organizations;

– Heads and members of the administrative and technical staff of diplomatic missions and consular offices of foreign states in the Russian Federation.

The following foreign nationals are also exempt from these procedures based on the principle of reciprocity:

– Holders of diplomatic, service passports;

– Employees and members of the administrative and technical staff of military offices, trade missions and other representative offices of state authorities of foreign states, as well as members;

– Family members of the abovementioned persons.

Liability for failure to comply with these regulations:

If foreign nationals fail to fulfill fingerprinting, photographing and/or medical examination obligations, their temporary stay in the Russian Federation could be reduced.

2. Temporary residence permit

It has been possible since August 24, 2021 to issue temporary residence permits regardless of the quotas approved by the Russian Government to any stateless person having a stateless person certificate in the Russian Federation as well as any stateless person permanently residing in Ukraine, recognized as a refugee or who has received temporary asylum in the Russian Federation (Article 6(3.1).

From October 31, 2021 onwards:

As outlined in section Medical Examination above, to obtain a temporary residence permit, foreign nationals must go through a medical examination to determine whether they use narcotic drugs or psychotropic substances with no doctor’s prescription or new potentially dangerous psychoactive substances, whether they have infectious diseases endangering others as listed by the federal executive body authorized by the Russian Government, as well as diseases caused by human immunodeficiency virus (HIV infection) (foreign nationals and stateless persons suffering from HIV, if these individuals have family members (spouse), children (including adopted children), parents (including adoptive ones) who are citizens of the Russian Federation or foreign nationals or stateless persons permanently residing in the Russian Federation are not to provide HIV certificates if there are no violations of Russian laws on the prevention of the spread of HIV infection) (Article 6(4.1)).

A temporary residence permit is issued to foreign nationals who have applied for one to a diplomatic mission or consular office of the Russian Federation in their state of residence only if the above medical documents and HIV certificate are submitted on paper to the MVD local department (Article 6(4.2)).

The deadlines for submission of medical documents and HIV certificates to the MVD local department have not changed, i.e. these documents must be submitted within 30 days of the date of submission of application for temporary residence permit (Article 6.1(5(1)).

Similarly, the grounds for declining/canceling temporary residence permits have been amended to include individuals who use narcotic drugs or psychotropic substances with no doctor’s prescription or new potentially dangerous psychoactive substances or suffer from one of the infectious diseases endangering others, or have no HIV certificate, or did not submit the medical documents and certificate issued after the medical examination within the prescribed period (Article 7(1(13))). When temporary residence permits are canceled, a stateless person certificate is issued to foreign nationals whose temporary residence permit has been canceled (Article 7(2.1)) (please see section 1 above).

3. Permanent residence permit

From October 31, 2021 onwards:

As outlined above in section Medical Examination, to obtain a permanent residence permit, foreign nationals must go through a medical examination to determine whether they use narcotic drugs or psychotropic substances with no doctor’s prescription or new potentially dangerous psychoactive substances, whether they have infectious diseases endangering others as listed by the federal executive body authorized by the Russian Government, as well as diseases caused by human immunodeficiency virus (HIV infection) (Article 8(5.1) effective as of October 31, 2021).

The deadlines for submission of medical documents and HIV certificates to the MVD local department have not changed, i.e. these documents must be provided upon submission of the application for permanent residence permit (Article 8(10(3))).

Similarly, the grounds for declining/canceling permanent residence permits have been amended to include individuals who use narcotic drugs or psychotropic substances with no doctor’s prescription or new potentially dangerous psychoactive substances or suffer from one of the infectious diseases endangering others, or have no HIV certificate, or did not submit the medical documents and certificate issued after the medical examination within the prescribed period (Article 9(1(13)) effective as of October 31, 2021).

When a permanent residence permit previously issued to a stateless person is canceled, a stateless person certificate in the Russian Federation is issued to such individual (Article 9(8.2) effective as of August 24, 2021).

4. Work permit (including work permit for highly qualified specialist)

From October 31, 2021 onwards:

As outlined in section Medical Examination above, to apply for a work permit, foreign nationals arriving in the Russian Federation with a visa must go through a medical examination to determine whether they use narcotic drugs or psychotropic substances with no doctor’s prescription or new potentially dangerous psychoactive substances, whether they have infectious diseases endangering others as listed by the federal executive body authorized by the Russian Government, as well as a disease caused by human immunodeficiency virus (HIV infection) (Article 13(12) effective as of October 31, 2021).

Deadlines for submission of medical documents and HIV certificates to the MVD local department: Foreign nationals must submit these documents in person within 30 calendar days of entry into the Russian Federation.

If foreign nationals have valid reasons supported by documents, they may submit their medical documents and HIV certificate at a later date, but no later than 30 calendar days from the date of elimination of valid reasons (Article 13(12) effective as of October 31, 2021). Appropriate documents supporting the valid reason for missing the deadline must be available.

Similarly, the grounds for declining/canceling work permits have been amended to include individuals who use narcotic drugs or psychotropic substances with no doctor’s prescription or new potentially dangerous psychoactive substances or suffer from one of the infectious diseases endangering others, or have no HIV certificate, or did not submit the medical documents and certificate issued after the medical examination within the prescribed period (Article 18(9(10)) effective as of October 31, 2021).

Applications for work permit, for extending the validity term of a work permit, for issuing a duplicate work permit, for amending the details specified in a work permit, and applications for hiring an HQS may be submitted on paper and electronically documents using the single portal of state and municipal services (Article 18(6.1)). It is also recommended to clarify with the appropriate MVD local department whether it is technically possible to do so.

5. Patent

Voluntary health insurance policies may now be issued not only by Russian but also by foreign insurance organizations (Article 13.3(2(4)) effective as of August 22, 2021). This also applies to work permits and WTO although insurance companies must, in any case, be entitled under insurance law to carry out voluntary health insurance in the Russian Federation.

If the MVD local department is aware that a foreign national is registered with tax authorities, the term for patent issuance/reissuance (or rejection) will be reduced to 5 working days from the date of acceptance of the patent application (paragraph 2, clause 4, Clause 12 Article13.3(4(2)) and Article 13.3(12)). In all other circumstances, the term will remain the same, i.e. 10 working days.

The notification of foreign nationals about patent issuance or rejection by SMS to the phone number specified in their patent application has been excluded (Article 13.3(29(6)) and shall no longer be effective from December 29, 2021 (Federal Law N 274-FZ dated July 1, 2021).

The law allows filing documents for patent issuance using the single portal of public services (Article 13.3(30) effective as of December 29, 2021).

Where technically possible in the Russian Federation or individual constituent entities of the Russian Federation as determined by the MVD, patents are to be issued as a card with the owner’s biometric personal data (an electronic image of the person’s face and the papillary patterns of his/her two fingers suitable for identification), and with the owner’s personal data (last name, first name, patronymic (if any)), date and place of birth, gender, nationality, details of foreign national’s identity document. This document can be used by public authorities to identify foreign nationals using biometric personal data as determined by the MVD (Article13.3(29) effective as of December 29,2021).

The patent form and content are approved by the MVD in accordance with the requirements of Federal Law No. 115. Patents cannot be issued as an electronic document (Article 13.3(31) effective as of December 29,2021).

From October 31, 2021 onwards:

As outlined above in section Medical Examination, to obtain/renew their patent, foreign nationals must go through a medical examination to determine whether they use narcotic drugs or psychotropic substances with no doctor’s prescription or new potentially dangerous psychoactive substances, whether they suffer from infectious diseases endangering others as listed by the federal executive body authorized by the Russian Government as well as a disease caused by human immunodeficiency virus (HIV infection) (Article 13.3(9(5))).

The deadlines for submitting medical documents and HIV certificates to the MVD local department have not changed: these documents must be submitted within 30 calendar days of the date of entry into the Russian Federation. Foreign nationals must submit them in person or through an organization authorized by a constituent entity of the Russian Federation to submit documents to the MVD local department.

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