|August 25, 2014|
Previously published on August 18, 2014
On August 4, 2014, new notification requirements took effect for Russian citizens obtaining a permanent residence permit or citizenship overseas. Russian officials have now released standard notification forms, provided additional information on exemptions, and clarified filing deadlines.
Russia is imposing the notification requirement to address concerns that individuals may be using dual citizenship or permanent residence abroad to avoid Russian taxes.
The following Frequently Asked Questions address the latest developments for the new notification requirements.
1. Who is covered by the notification requirements?
All Russian citizens must notify the Federal Migration Service (FMS) using a prescribed form if they obtain a permanent residence permit or citizenship overseas. This includes those living in Russia and abroad as well as individuals who already held dual citizenship on August 4.
Russian citizens on temporary work assignments overseas, including short- and long-term assignments, are not required to notify the FMS. Also exempt are Russian citizens who demonstrate that they will permanently reside abroad by either obtaining a de-registration stamp in their Russian passport or by confirming their address abroad as their formal address (using a document known as Listok Ubitia).
2. What is the notification process?
The required notification is completed using a standard form that is now available from the FMS.
Completed forms must be submitted in person at either a post office or the FMS office with jurisdiction over the individual’s place of official registration in Russia. Third-parties, including legal counsel or immigration service providers, may not submit the notification form on an individual’s behalf, though they can assist in preparing the form for submission. In practice, this means that the notification can only be filed from within Russia.
The standard form has a detachable receipt coupon that will be removed, stamped and signed by either the post office or a FMS officer and given to the individual as proof of filing.
The FMS has yet to provide filing requirements and procedures for Russian citizens who were already residing abroad on August 4. These individuals will likely be required to complete the notification upon their next return entry to Russia, but there is no official guidance at this time. Fragomen is monitoring the situation and will provide additional information when it becomes available.
3. What are the filing deadlines?
For individuals who are currently in Russia, the notification must be filed within 60 calendar days of obtaining the foreign permanent residence permit or citizenship. Individuals who already held a foreign citizenship or permanent residence as of August 4 and who are currently in Russia have until October 3 to file their notification.
The FMS has stated informally that individuals who were already residing abroad as of August 4 will have to submit the notification within 60 days of their next entry to Russia. However, as noted above, the FMS has yet to provide official guidance on filing procedures and requirements for Russian citizens who already reside abroad.
4. What are the penalties for failing to timely file the notification?
Russian citizens who fail to notify the FMS within 60 days of obtaining a residence permit or citizenship in another country will be subject to criminal fines between RUB 200,000 and one-year’s salary or up to 400 hours of compulsory labor.
Administrative fines between RUB 500 and 1,000 may be imposed for paperwork violations.
What This Means for Russian Citizens and Their Employers
Employers are advised to make all Russian citizens who are employed outside of Russia aware of the notification requirements. The requirement may add an administrative burden and a potential cost, to permanently transferring Russian citizens overseas for work.