Patents under review: Russian authorities propose new restrictions for migrants and their children

Asia-Plus

A draft law introducing additional restrictions for foreign workers and their families has been submitted for consideration to the State Duma (Russia’s lower chamber of parliament). The document has been published in the parliament’s electronic database, RBC reports.

The initiative proposes banning the issuance and renewal of work patents for foreign nationals whose income falls below the officially established subsistence minimum. The restriction would apply if a migrant’s total income is lower than the subsistence level calculated for the worker and each dependent residing in Russia, averaged over each month of the reporting period.

The bill also regulates the stay of minor children of foreign workers. Under the proposal, children would be allowed to remain in Russia only for the duration of their parent’s work permit and provided that a fixed advance personal income tax (PIT) payment is made — both for the worker and for each child.

Upon reaching the age of 18, such individuals would have one month to leave Russia or apply for their own work authorization.

The draft law further stipulates that that tax authorities will automatically transmit information on migrants’ income to Russia’s Interior Ministry for three, six, nine, and twelve months of the calendar year.

A work patent is a document that allows a foreign national to work legally in Russia. It is mandatory for citizens of countries with a visa-free entry regime, including Tajikistan. An exception applies to member states of the Eurasian Economic Union — Armenia, Belarus, Kazakhstan, and Kyrgyzstan — whose citizens are entitled to work in Russia on the same terms as Russian nationals.

Earlier in February, Russia’s Interior Ministry proposed introducing direct liability for general contractors who employ migrants without valid permits and patents in construction projects. The proposed penalties include fines of up to 800,000 rubles for a first violation and up to 2.5 million rubles for a repeated offense. Currently, legislation does not hold general contractors accountable if unauthorized foreign workers are formally employed through subcontractors.

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