Правило 90 из 180 для украинцев с 1 января 2014 года

 

Итак, украинцы попали под действие нового федерального закона об ограничении пребывания иностранцев в России до 90 дней за полгода.

Вот официальный текст из Миграционной службы:

«Срок пребывания на территории Российской Федерации иностранным гражданам ограничили до 3-х месяцев

С 1 января 2014 года вступил в силу Федеральный закон № 389-ФЗ от 28 декабря 2013 года «О внесении изменений в статью 27 Федерального закона «О порядке выезда из Российской Федерации и въезда в Российскую Федерацию» и статью 5 Федерального закона «О правовом положении иностранных граждан в Российской Федерации».

В соответствии с внесенными изменениями, срок временного пребывания иностранного гражданина, прибывшего в Российскую Федерацию в порядке, не требующем получения визы, не может превышать 90 суток суммарно в течение каждого периода в 180 суток , за исключением случаев, предусмотренных Федеральным законом «О правовом положении иностранных граждан в Российской Федерации» (далее — Федеральный закон), а также в случае, если такой срок не продлен, в соответствии с Федеральным законом (абзац 2 п.1 статьи 5 Федерального закона).

Таким образом, если иностранный гражданин не оформил разрешение на работу, патент или не обратился с заявлением о выдаче разрешения на временное проживание в период своего 90-суточного пребывания, т.е. не продлил срок своего пребывания, то до окончания срока пребывания он обязан выехать из Российской Федерации и въехать в Россию повторно сможет только через 3 месяца.

В то же время, необходимо отметить, что иностранному гражданину или лицу без гражданства въезд в Российскую Федерацию не разрешен в течение трех лет со дня выезда из Российской Федерации в случае, если в период своего предыдущего пребывания в Российской Федерации он превысил срок пребывания в 90 суток суммарно в течение каждого периода в сто восемьдесят суток (пп.12 ч.1 ст.27 Федерального закона «О порядке выезда из Российской Федерации и въезда в Российскую Федерацию»).

Действие Федерального закона № 389-ФЗ от 28.12.2013 года распространяется на иностранных граждан и лиц без гражданства, прибывших на территорию Российской Федерации после 1 января 2014 года

На данный момент ничего толкового от миграционной службы нет, так как закон принимался второпях, сами сотрудники ФМС толком не понимают, начинать считать ли дни только после 1 января или задним числом дл тех, кто уже въехал. Ждем официальных разъяснений.

Действует ли соглашение между РФ и Украиной от 1997 года, согласно которому 90 за 180 не распространяется на россиян или украинцев? Для россиян, безусловно, действует, для украинцев, по идее, его никто не отменял, но на практике таможня дни считает.

Так как ситуация коснулась тысяч и тысяч украинцев, после окончания праздников на ФМС посыпались вопросы, надеюсь, скоро будут хотя бы разъяснения. Сочувствую тем, кого коснулась эта ситуация, буду следить за событиями и размещать информацию об изменениях здесь.

Пока выход из ситуации: приобретение официального Разрешения на работу, Разрешения на временное пребывание или патента. Понятно, что это не так легко, но все же лучше, чем не иметь возможности вернуться в Россию 3 месяца.

Либо пока есть лазейки на мелких погранпереходах, типа Журавлевки, где нет доступа к электронной базе.

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Комментарии:

38 комментариев

  1. фывапр:

    но на практике таможня дни считает.

    наверно имели ввиду пограничников?

  2. НАДЕЖДА:

    А КАК ДЕТИ КОТОРЫЕ УЧАТСЯ В ШКОЛЕ И У КОТОРЫХ ЕСТЬ РЕГИСТРАЦИЯ НА ГОД?

    • Алёнушка:

      Не знаю, что вы имеете в виде под «регистрацией на год»: если просто регистрация по месту жительства, то она никакого значения не имеет, и никаких поблажек не даст.

  3. Валерий:

    Ну если русские приняли такой закон в отношении украинцев , то теперь жди от хохлов — «наш ответ Чемберлену»

    • Алёнушка:

      К сожалению, скорее всего. Пока майдан и «революция», может и не до этого правительству, а как поспокойнее будет, будем тоже метаться, как сейчас украинцы в России. Так что надо срочно искать основания для получения ВНЖ (брак с гражданином, например, если нет других оснований для ВНЖ).

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