Migration Policy in Russian Federation

1. Migration Policy in Russian Federation Olga Chudinovskikh Moscow State University olga@mail.econ.msu.ru

2. Plan • What kind of data do we need for migration policy planning? • Two periods in RF migration policy. Changes in priorities. • Basic laws relevant to migration policy. • Migration policy institutes . Functions and rights of Federal Migration Service. • Tools and mechanisms of migration management. • Basic shortcomings of RF migration policy, main directions for improvement. • Conclusions.

3. What data do we need for migration policy planning ? • Data on migration situation (stocks, flows, trends) • Demographic profiles, trends and projections • Estimation of labour market development and other economic considerations • Data on public opinion related to migration and migrants, tolerance, xenophobia, etc. • Estimation of MP costs and resources that authorities are ready to spend on migration policy • Etc. • Lack of reliable data is a background for incompetent interpretation of available statistics and manipulations with public and policy-makers’ opinion, increase in xenophobia, stimulation of federal budget redistribution, growth of MP costs

4. Migration trends in RF (source- M.Denissenko)

5. Immigration estimation (flows between Russia and former SU republics, 1992-2002, thousands) source – M.Denissenko

6. Migration in/from Far Abroad 1992-2002 , RF, (thousands)

7. Reasons for move structure, in-migration. RF, urban and rural areas, %.

8. Influence of economic crisis (1998) on net migration in Russia

9. Two periods in RF migration policy • 1) 1992-2000: Concentration of efforts and resources on solution of forced migration problems • First experience of migration policy was obtained • First laws related to migration were worked out • Federal migration service was established • RF fulfilled its humanitarian mission as a host country for forced migrants • 2) since 2002: Attempts to restrain irregular (labour) migration and to manage migration flows in general • Development of legislation in the sphere of migration management • More civilized ways and mechanisms of migration management • Experience in migration management in progress

10. Russian Federation in the world:20002050Territory 13.013.0(?)Population2.4 1.12050 -World population- 9.000.000.000 RF population - 80.000.000 - 100.000.000

11. RF Census 1989 / 2002Population by age and sex. (Source-Goskomstat of RF)

12. How many migrants does RF need? Net migration (average, per year) necessary to maintain constant population in active (labour) ages during 2000-2050.Source : M.Denissenko,

13. Legal base of internal and foreign migration regulation in RF (Basic laws 1992-2002) • Federal law on refugees – 1993 (amendments-1997,1998,2000,2003) • Federal law on forced re-settlers (internal refugees)-1993 (amendments - 1995,2001, 2003) • Law on freedom for move , choice of place of stay and residence in Russian Federation (1993) • Law on rules of entry and exit to/from Russian Federation-1996 (amendments 1998,1999,2003) • Immigration control act 1993 • Federal programs (1992-2000) of migration regulation • Law on juridical status of foreign citizens in Russian Federation (2002), amendments – 2003. • Law on citizenship of Russian Federation(2002), amendments – 2003 • The Conceptof migration processes regulation (2003) • Amendments to the Crime Code – punishment for trafficking in human beings (2003) • Dozens of derivative or related acts – decisions of Government, orders of Federal ministries, instructions, including laws on quotas, etc.

14. The Conceptof migration processes regulation (2003) • Two spheres of regulation declared – internal and foreign migration • Internal migration – one dominant: to avoid depopulation of Eastern and Northern regions (declaration rather than real efforts) • Foreign migration – two dominants: • recognition of migration as main demographic resource and comprehension of necessity to attract migrants to the country with ageing and decreasing population . Human capital is a resource and a reason for competition between countries.(This is the main geopolitical consideration: Russia must try not to loose in competition with other countries with rapidly developing labour markets.) 2. intention to protect Russia from negative consequences of migration – increase in crime, illegal employment and its support by shadow economy, drugs traffic etc.

15. Rules of Entry • Without visa ( CIS countries except Georgia and Turkmenistan) • Visa is compulsory (all other countries) • Residence permit • Other documents (for some categories)

16. Main definitions of foreigner’s status in Russia • Temporary stay : term of stay - by visa expiryterm, or <90 days. Notnot more than 12 months) • Temporary resident (<3 years, annual re-registration) • Permanent resident ( <5 years and re-registration, number of re-registrations is unlimited) • Military status (5 year contract) • Special status (diplomats) • Foreign employee • Refugee According to the Law foreign citizen must be registered in police during three days after his/her arrival. Ukraine citizens – 90 days .

17. Temporary residence permit • Temporary residence permit is granted within the limits of a quota, adopted by government on proposals of RF Regions (2004 - 205.633) . • Granted for 3 years • (after 1 year of stay the foreigner may apply for permanent residence permit) • It may also be granted beyond quota for several categories of foreigners. • (Finger-prints registration, duty payment)

18. (Permanent)Residence permit • Within the period of temporary residence permit validity a foreigner may apply for (permanent)residence permit. To get the residence permit a foreigner must reside in RF with status of temporary resident at least for 1 year. • It is valid for five years with annual re-registration. After expiration it must be prolonged for another five years. The number of prolongations of residence permit is not limited.

19. Main Institutes and authorities responsible for migration policy Parliament (Laws) > Government (Decisions) > • Home office (Ministry of Interior)- Federal Migration Service • Federal Security Service + Federal border service • Ministry of foreign affairs • Ministry of labour, Ministry of Education, • Ministry of Justice

20. Brief History of Russian Federation Federal Migration Service – FMS (1990-2002) • 1990 - Refugees and forced migrants affairs agency- Ministry of labour (Union ”Migration”, chairman- Vice minister of labour.) • X. 1991 - Committee on migration affairs – Ministry of labour and employment • VI. 1992 - Federal migration service (with rights of a federal ministry) • V. 2000 - FMS’s functions are delegated to the Ministry of Federation affairs, ethnic and migration policy. • X.2000 - Abolishment of the ministry, its functions of migration management are delegated to the Ministry of home affairs. • V.2002. - Juridical definition of tasks , functions and rights of FMS as of a separate department of Ministry of home affairs. AUTUMN 2004 – REGISTRATION AND PASSPORT SYSTEM CONTROL FUNCTIONS ARE DELEGATED TO FMS – New rights and responsibilities of FMS (List of rights contains 29 positions)

21. Main tasks of FMS FMS- official representative to execute functions of control, watch and official services in the sphere of migration • Work with applications for Russian Federation Citizenship, issue of documents of RF citizens’ identification , • Registration of RF citizens in the place of residence and temporary stay • Issue of documents for foreigners for entry, stay and residence in Russian Federation • Control over foreigners in the sphere of rules of temporary stay and residence execution • Activities to prevent irregular migration • Activities in the sphere of refugees and asylum seekers • Control over foreign labour force employment in RF and RF citizens employment abroad • Coordination of activities of FMS regional departments

22. Federal migration service structure(Chief – Vice minister of home affairs) • Departments: • Dept. of citizenship (+ affairs of refugees and asylum seekers) • Immigration control dept. • Dept. of visa and registration • Dept. of crisis situations • Dept. of foreign labour migration • Dept. of passport issue and registration of population • Dept. of informationresources • Dept of international co-operation and juridical supply • Managerial and analytical dept. • Financial and economic dept. • Dept. of control and office work • + FMS representatives abroad • FMS Centres • Passport and visa information centre • Centre of citizens’ claims dealing with passport and visa issue questions • Centre on information on invitations for foreign citizens

23. Main tools of foreign migration management • Migration card • Visa system • Temporary residence permit • Residence permit (after 1 year of temporary residence) • Work permit • Military service contract (for foreigners) • RF citizenship granting • Quotation of labour migration and temporary residence permits • Penalties-

24. Migration card (Part A – arrival, part B – departure) • Card number 770400042136 • Surname • Given name • Patronymic • Date of birth • Sex • Passport # • Nationality (citizenship) • Purpose of visit : Service, tourism, commerce, education, private, employment, transit • Address (or Host organization) in Russia • Planned period stay (from – until) Signature

25. Types of Visa (Law on rules of entry and exit, 1996, with amendments- 2003) • Diplomatic (for foreigners with diplomatic passports, as a rule for 3 months, for diplomatic carriers – for period of trip) • Service (for foreigners with service passports, usually < 3 months, for military servicemen & family members 1 year) • Ordinary: • private (3 months or 90 days), • business (12 months), • tourist (1 month), • work (12 months max., usually –for period mentioned in labour invitation), • study (12 months), • humanitarian (12 months), (scientific, cultural, religious co-operation, etc.) • asylum-seekers (3 months) • Transit (< 10 days) • For temporary residence permit application ( 4 months, could be prolonged )

26. Entries in Russia with visa and without visa (estimation by country of origin, Federal Border service data)

27. Russian citizenship • a) at birth • b) via citizenship granting procedure • c) via RF citizenship restoration procedure • d) other considerations

28. RF citizenship granting procedureat birth • Child obtains citizenship by birth, if both or one of the parents were Russian citizens at the moment of child’s birth; • One of the parents is a citizen of Russian Federation, and the child was born on the territory of Russian Federation; • Both parents are foreign citizens, child was born in Russian Federation, and the country/eis of the parents’ citizenship refuse to grant him citizenship • Child found at the territory of RF if his/her parents’ place of stay is unknown and can not be defined within 6 months.

29. Granting the RF citizenship via common procedure (5 year period of residence) • A person (18 y.o.) resides in Russian Federation from the day of residence permit issue until the day of submitting application for citizenship within five-year period. The period of residence is considered uninterrupted if person was absent from Russian Federation for less than three months during 1 year period. ( total – 6 years of residence) • Respect RF Constitution, • Have legal source of income • Have applied to the foreign state authorities with a request to abolish their former citizenship (refuse from the second citizenship is not necessary if RF has a bilateral treaty with the state) • Have good knowledge of Russian (*130 institutions have right to issue certificate after an examination)

30. Simplified granting of RF citizenship.(Privileged categories) • (less than 5 years of residence) • CIS citizens at military service in RF, after 3 years of service • Having at least one parent – RF citizen and resident • Former USSR citizens, living in the countries of the former USSR and never acquired citizenships of these countries, (stateless persons); • Persons born at the territory of the RSFR and having citizenship of the former USSR; • Disabled, having able-bodied adult son or daughter - citizens of RF. Those born at the territory of the RSFR and used to have the citizenship of the former USSR; • Spouses of the RF citizens (period of marriage >3 years) • Asylum seekers • Refugees • Deserved persons • Stateless persons (having the USSR citizenship) who arrived in Russian Federation from former USSR republics and registered in the place of residence in Russian Federation by July, 01, 2002, or those who received the temporary residence permit in Russian Federation, if till January 01, 2006 they declare their intention to obtain the citizenship of Russian Federation. •  The WW2 veterans, - citizens of the former USSR, residents of Russian Federation. • Citizens of the former republics of the USSR, who got professional education in Russian Federation after July 01, 2002; • Citizens of Kazakhstan, Kyrgyzstan and Byelorussia (do need to reside in RF before)

31. Employment of foreigners in RF • Legal entry • Registration (1 year + 1 year maximum) • Work permit • Work permit is not necessary for foreigners with temporary residence permit and permanent residence permit (*these persons may work only in the region of registration) • Simplified procedure for foreign employers and some categories of professions • What an employer of foreign labour force must do to employ a foreigner (8 conditions) Some figures: 2003 – 378.000 work permits for foreigners in RF

32. What an employer of foreign labour force must do • 8 conditions: • To have • ) иметь разрешение на привлечение и использование иностранных работников; • 2) обеспечить получение иностранным гражданином разрешения на работу; • 3) представить документы, необходимые для регистрации иностранного гражданина по месту пребывания в Российской Федерации; • 4) уведомить налоговый орган по месту своего учета о привлечении и об использовании иностранных работников в течение десяти дней со дня подачи ходатайства о выдаче иностранному гражданину приглашения в целях осуществления трудовой деятельности, 5) содействовать выезду иностранного работника из Российской Федерации по истечении срока заключенного с ним трудового договора или гражданско-правового договора на выполнение работ (оказание услуг); • 6) оплачивать расходы, связанные с административным выдворением за пределы Российской Федерации или депортацией иностранного гражданина, принятого на работу с нарушением установленного настоящим Федеральным законом порядка привлечения и использования иностранных работников; • 7) направлять в федеральный орган исполнительной власти, ведающий вопросами внутренних дел, или его территориальный орган информацию о нарушении иностранным работником условий трудового договора или гражданско-правового договора на выполнение работ (оказание услуг), а также о досрочном расторжении таких договоров; • 8) направлять в федеральный орган исполнительной власти, ведающий вопросами внутренних дел, или его территориальный орган и территориальный орган федерального органа исполнительной власти, ведающего вопросами безопасности, информацию о самовольном оставлении иностранным работником места работы или места пребывания.

33. Quotation of immigration • Labour migrants (quotation only for persons who need visa for entry to RF) • 2003 - 530. 000(total inflow - less than 400.000) 2004 - 213. 000 (expected total inflow - more than 450.000) • Students - 7000 per year (2002 - 14003, CIS - 6221, other- 7782) • Temporary residence permits • 2003- 439.080 (Jan.-Sept. 2003 - 2900 persons granted) 2004- 205.633

34. Penalties and punishments

35. Some figures (FMS report 2003) • Foreign labour in Russia in 2003 - 378.000 (Moscow -66.000) • Forced migrants (accumulated) – 398.100 persons (165.000 families) • Issue of permits for foreign labour force employment let to earn 1.6 mlrd roubles(appr. 54 mln $) • Controlled at the borders – 4.4 mln of foreigners • Identified with incorrect documents - 15.600 • Deported- 45.000 (2002- 35.000), • 460 cases of fines of illegal migration organizers • Raids organized at 200.000 enterprises with foreign labour force • 14.700 breaks of rules of foreign workers employment were identified • 194.600 foreigners were fined (cases of fine) • In Moscow – 3000 companies were checked , in 1574 – migrants were employed with legislation violation • 40570 crimes were committed by foreigners (from CIS countries – 37305) • 10441 foreigners and stateless persons were victims of crime • 12.300 persons returned to Chehnya from the camps of temporary allocation in Ingushetiya • Transfers estimations – at least 2.5 mlrd USD (*other estimations - 6-12 mlrd USD) • Only one of 10 foreign workers employers pays taxes (1 legal per 10 illegal labour migrants)

36. Public opinion and migration Public Opinion Fund surveys (2000) Your attitude towards migrants? 34% - Positive 24% - Indifferent 20% - Negative 22% - No opinion (2003)- Do you dislike representatives of other ethnic groups? 67% - No 29% - Yes 4% - No opinion • Maximum of confidence to migrants from: Byelorussia, Bulgaria, France, Australia; • Minimum of confidence: USA, Caucasus, Asia (except Kazakhstan, India, Baltic States) • Virus of personal xenophobia: 65 expressed negative attitude to people from Caucasus, Central Asia, Vietnam, Arabian countries and Africa

37. Citizenship of foreigners in RF (Census-2002 data)

38. Federal Border Service data on entries in/ departures from Russia, foreign citizens, (millions) as a source of incorrect data interpretation

39. Pseudo “Net migration” by reasons (purposes) for move. Federal border service data, 2002, persons.

40. Main shortcomings of basic laws and practices in migration management in RF Contradictions between “needs” and “fears”, between strategy and tactics of migration policy, prevalence of restrictions rather than stimuli • Terms of residence permit and temporary residence permit granting are too strict and complicated • Terms of work permit granting are too strict and complicated (and it takes too much time to get it) • Police registration procedure is complicated and inconvenient • Deportation is the main measure to battle illegal migration Additional limitations for efficient migration policy: • Corruption among people responsible for migration management • Inefficient border control • Resources limitation: Cadres, Finance, Information (especially - statistics) No estimation of economic effect of migration in RF, no estimation of MP costs, no reliable statistics on flows. • No civil control over FMS activities

41. Main (preferable) directions of future Migration policy in RF • Regularization programs • Stimulation of resettlement (for residence) • Stimulation of temporary immigration (economic - special programs of stimulation of skilled migrants, investors and workers; educational migr.) • Quotation of refugees (and more efficient support of those who really need help). • Better control at the borders (equipment, training of staff, etc.) • Control over illegal migration(economic and penetentiary mechanisms) • More strict approach to illegal migration organizers and corruption among persons, responsible for migration control. • Revision of migration estimation and registration schemes, introduction of new and reformation of existing data collection systems (Registers of foreign population, surveys, current statistics reform).

42. Conclusions • RF authorities should revise their attitude towards immigration and make their policy friendlier. • The legislation should be changed and unreasonable limitations which make Russia not attractive for migration should be revised as well. • Information about migration must be collected within frameworks of transparent methodology and access to it should be free. • Decision-making process in the sphere of migration management must not be monopolized by one ministry and should involve representatives of civil society. • Professional training should be provided for people responsible for migration management

43. Some additional figures and information about migration in RF

44. Diseases not permitted for entry • AIDS • Leprosy • Tuberculosis • Venereal diseases (3 items)

45. Structure of arrivals by reason for entry (Federal border statistics), 2001-2002, average,

46. Internal refugees (forced re-settlers)(Chechnya conflict) • 01.01.2004 - 265.500 persons registered • Allocated not in Chechnya 55.000: • In Ingushetia 48.700 • Since 01.01.2003 17.600 left for Chechnya from Ingushetia, >12.000 with FMS aid.

47. Foreign Labour force in RF (2003) • CIS countries – 50 % • Spheres of employment (%) • 41 - construction • 22 - trade • 12.9 industry

48. Population and territory of RF federal regions

50. Refugees (foreigners) Refugee is a non-citizen of Russia, who, being scared of racial, social, political repressions was forced to leave his home country and is unable or does not want to use protection from the side of this state due to the above fears. (Not for economic or environmental reasons) January 1, 2003 (since1992): 13790 578 from Far Abroad (399 – from Afghanistan) Forced re-settlers (internal refugees) Forced re-settler is a person who had to leaves his/her place of residence within RF territory because of violations committed against him/her or members of his/her family or the threat of being persecuted. Or RF citizens forced to move from another country to RF. (Not for economic or environmental reasons) Forced re-settlers can be Russian citizens and non-Russian citizens January 1, 2003 (since 1993): 492.000 Forced migrants: