The Russian Ministry of Internal Affairs (МВД России), the federal agency responsible for migration matters, reminded employers of the existing procedure for extending the temporary stay period of foreign nationals who have grounds to remain in the country longer than the established period. For an employer, this is primarily a matter of organizing the HR process: it is necessary to determine whether the employee needs a separate extension, who is entitled to apply, and whether the current stay period has expired. The clarification does not report any new rules.
When an employer needs to become involved
An employer may be the host party for a foreign national. In this case, the employer may submit an application to extend the temporary stay period alongside the foreign national. This makes it possible to identify the responsible party in advance and avoid leaving the matter entirely to the employee’s discretion without internal oversight.
The mere existence of an employment relationship is not identified in the Ministry of Internal Affairs’ clarification as a universal ground for an extension. Therefore, HR should not automatically assume that an application is required or that it may be submitted in every situation. First, it is important to establish whether a particular foreign national needs a separate extension and whether there are grounds for remaining in Russia beyond the established period.
Where to submit the application and how to allocate responsibilities
Applications are accepted by the territorial bodies of the Russian Ministry of Internal Affairs, as well as by branches of the Federal State Unitary Enterprise “Passport and Visa Service” of the Russian Ministry of Internal Affairs (ФГУП «Паспортно-визовый сервис» МВД России), the state-run organization providing passport and visa services. The company’s internal regulations may specify who checks the place of application, the employee’s readiness for the visit, and whether the application was submitted if the foreign national submits it personally.
If the company acts as the host party, it is useful to agree with the employee in advance who exactly will apply. This reduces the risk of parallel or uncoordinated actions. However, the material provided does not contain a list of documents, the application form, or the procedure for confirming the grounds: these matters must be checked against the Ministry of Internal Affairs’ full official clarification.
A separate scenario for employees working under a patent
For foreign nationals working under a patent, the Ministry of Internal Affairs separately stated that independent extension of the temporary stay period is not required. A Russian work patent is a permit for certain foreign nationals to work in Russia. In this case, the stay period is linked to the patent’s validity and the timely payment of the fixed advance payment.
For HR monitoring, this means that the patent scenario must not be confused with the procedure for submitting an extension application. The company should place these employees in a separate monitoring group and track specifically the patent’s validity and timely payment. Other monitoring details, including the documents and consequences of late payment, are not disclosed in the excerpt provided.
Family members of employees from the EAEU and students
For a family member of a worker from a Eurasian Economic Union state (ЕАЭС), the application is submitted by the foreign worker themselves. This feature is important for an employer to consider when helping an employee understand the procedure: the host party is not identified as the applicant in this case.
For a foreign student, the petition is submitted by the educational organization, if grounds exist. The deadline for it is set as no later than 20 days before the end of the stay period. An employer considering such a person for employment or cooperating with them must not replace the educational organization in this procedure.
How to organize monitoring without unnecessary assumptions
In practice, it is useful to keep a separate record for each foreign employee stating whether an extension is required, who submits the application, what category the employee falls into, and which authority is to be contacted. The key rule expressly stated by the Ministry of Internal Affairs is that the application must be submitted within the current temporary stay period.
The published excerpt does not specify the consequences of missing the deadline, the amounts of fines, the required documents, or the time limits for reviewing the application. These cannot be inferred from the Ministry of Internal Affairs’ reminder. HR decisions should be based on the full official material rather than assumptions or generic templates.
What to check
- Determine whether the company acts as the host party for the foreign employee.
- Check whether the particular foreign national needs a separate extension of their stay.
- Establish who submits the application: the foreign national themselves or the host party.
- For an employee working under a patent, monitor the patent’s validity and timely payment of the fixed advance payment.
- For a family member of an employee from the EAEU, note that the application is submitted by the foreign worker themselves.
- Do not replace the educational organization when extending a foreign student’s stay.
- Ensure that the application is submitted to a territorial body of the Ministry of Internal Affairs or a branch of the Passport and Visa Service of the Ministry of Internal Affairs within the current stay period.
- Check the Ministry of Internal Affairs’ full clarification regarding the documents and grounds.