Frequent Legal Issues for Contractors on
Sakhalin Oil and Gas Projects
(Appearing soon in the Russian Energy Law Journal)

IX. Obtaining Visas

Presented by Natalia Prisekina, senior associate attorney and Director of the Vladivostok branch office of Russin & Vecchi, and Denis Marchenko, senior associate attorney in the Yuzhno-Sakhalinsk branch office of Russin & Vecchi.

In order to enter and subsequently exit the Russian Federation, whether for a short business trip or for an extended period of employment, a foreign citizen must obtain a visa. Federal law regulates the procedure for entering and exiting the Russian Federation (113). The procedure for issuing visas, and their extension, renewal and annulment is set forth by governmental regulation. (114)

Visas are obtained on the basis of an invitation, formalized in accordance with Russian legislation, in a procedure established by the Russian government. A territorial body of the Ministry of Internal Affairs (usually the local office of the Passport-Visa Service of Internal Affairs Department) issues such invitations, upon application of a legal entity registered with it for this purposes. At the present time, Russian legislation and the internal acts of the RF Ministry of Internal Affairs do not provide a detailed procedure for the registration of legal entities for this purpose.

Depending on a foreign citizen’s purpose for traveling to Russia, the following types of visas may be issued: diplomatic, official, ordinary, transit, and temporary residence. Most foreigners coming to Russia for business purposes will obtain an ordinary visa, which are further subdivided into private, business, tourist, student, work, humanitarian and refugee visas.

Visas are also categorized by their term of validity and the frequency with which they permit one to enter and leave the country. There are single, double, and multiple entry/exit visas. Visas for up to three months may be issued as single or double entry visas. Visas for a period of over three months may also be issued as multiple entry visas.

Ordinary business visas are issued to foreign citizens coming to the Russian Federation for business purposes. They may be single or double entry for up to three months, and in some cases, they may be multiple entry for up to one year. In this case, continuous stay of the foreign citizen on the territory of the Russian Federation cannot be for more than 180 days. (115)

In order to obtain an ordinary business visa on behalf of a foreigner (116) , a company must first register with the Passport-Visa Service of the Ministry of Internal Affairs, and then apply to Passport-Visa Service with its request for an official invitation for a particular foreigner. Only those companies that have undergone prior registration with these authorities can apply for the issuance of a visa invitation. The first stage is generally accomplished within five business days from filing all of the necessary documents with the Passport-Visa Service. These documents include: the respective application, the applicant’s foundation and registration documents (Certificates on State and Tax Registration), documents certifying the appointment of the head of the entity, the work permit for the head of the entity (assuming this person is a foreign citizen), and if the invitation will be issued for performing labor activity, the company’s consent to recruit and employ foreign employees (not necessary for an ordinary business visa).

The Passport-Visa Service considers these documents, and if it approves the application, issues a corresponding certificate and enters information on the applicant into a computer database.

The entity may then apply to the Passport-Visa Service for issuance of an invitation for a particular foreigner. At this stage, the head or authorized representative of the entity should present the following documents to the Passport-Visa Service: passport, power of attorney (if person submitting application materials is an authorized person and not the head of the entity), the respective application, a guarantee letter assuring assumption of financial, medical, and residential obligations on behalf of invitees, the company’s consent to recruit and employ foreign employees and work permits for foreign employees (if invitees will perform labor activity), and receipts evidencing payment of relevant state fees.

Within 30 days of filing these documents, the Passport-Visa Service must consider the application and verify whether grounds exist pursuant to Russian legislation for prohibiting the foreign citizen’s entry into Russia. If there is no basis for prohibiting entry, the Passport-Visa Service issues the respective invitation and conveys it to the entity’s authorized representative.

Ordinary work visas are issued for up to three months to foreigners who intend to work in Russia. Their duration may be extended by the territorial body of the RF Ministry of Internal Affairs at the place of the foreigner’s registration, by issuance of a multiple entry visa for the term of the employment (or service) agreement, not exceeding one year. (117) A work permit must be obtained before the work visa.

As a general rule, in exceptional cases the duration of a visa may be extended for up to ten days. In order to obtain an extension, the foreigner must file an application with the authorized state body at the place of his/her registration (or factual stay), supported by documents that justify the need for an extension. The authorized state body makes a decision regarding visa extension on the basis of the documents submitted, including a petition from the organization, Russian citizen, or foreign citizen permanently residing in Russia that obtained the invitation for the foreigner’s visa.

Registering Foreign Personnel on Sakhalin

Within three business days after arrival in Russia, foreigners must register with the local body of the Passport-Visa Service of the Ministry of Internal Affairs (118) . The Passport-Visa Service registers foreigners on the basis of a written application submitted by the foreign citizen or the inviting entity. (119) In addition to the application, the foreign citizen or inviting entity must present the foreign citizen’s passport and migration card.(120) Foreigners must register in the region where they reside. Should the foreigner move to another part of Russia, he/she is obligated to register with the Passport-Visa Service at the new place of residence within three business days. (121)

Violation of registration rules is an administrative offense and foreigners may be fined in the amount of five to ten times the minimum monthly wage ($15-$30) and may be subject to deportation from Russia (122) . If a foreign citizen commits two administrative offenses within three years, the Russian authorities may prohibit his/her entry into Russia. (123)

(113) Federal Law No. 114-FZ, "On the Procedure for Entering the Russian Federation and Exiting the Russian Federation," August 15, 1996.
(114) Governmental Regulation No. 335, June 9, 2003. State bodies authorized to issue, extend, renew or annul visas include:
- Embassies or consular offices of the Russian Federation, which issue all types of visas, annul and renew visas, except transit visas with code TP1.
- RF Ministry of Foreign Affairs, its representative offices on the territory of the Russian Federation, which issue and extend visas, annul and renew diplomatic and official visas.
- Representative offices of the RF Ministry of Foreign Affairs located at entry points on the border of the Russian Federation, which issue in exceptional cases with permission from the RF Ministry of Foreign Affairs, visas of all types, and extend, annul and renew visas.
- RF Ministry of Internal Affairs and its territorial bodies, which issue transit visas with code TP1, extend, renew and annul visas, except diplomatic and official visas.
- Border control subdivisions at entry points on the border of the Russian Federation, which annul visas, and, in the absence of a representative office of the RF Ministry of Foreign Affairs, in exceptional cases extend visas for a term necessary for exit from the Russian Federation.
(115) Governmental Regulation No. 335, Article II, para. 29, June 9, 2003.
(116) Sub-section “b” of Section 1 of Article 25 of the Federal Law of the Russian Federation “On Procedure for Leaving the Russian Federation and Entering the Russian Federation” No. 114-FZ dated August 15, 1996.
(117) Governmental Regulation No. 335, Article II, para. 35, June 9, 2003.
(118) Federal Law of the Russian Federation “On the Legal Status of Foreign Citizens in the Russian Federation,” No. 115-FZ, July 25, 2002, Article 20, Section 1 (“Law on Legal Status”).
(119) Law on Legal Status, Article 21, Section 2.
(120) Law on Legal Status, Article 23.
(121) Law on Legal Status, Article 21, Section 3.
(122) Russian Federation Code on Administrative Offences No. 195-FZ, December 30, 2001, Article 18.8.
(123) Law on Legal Status, Article 7, Section 7.