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Verification of violations of migration legislation is the responsibility of two authorized state bodies: the FMS (Federal Migration Service) and the Migration Department (Department for Migration). Also, in the process of service, employees of the Ministry of Internal Affairs are involved. Not only migrants themselves, but also their employers are checked for compliance with the norms of the law, and the latter run the risk of receiving a rather large fine if violations are detected.
If you are not sure that you can survive the increased interest from regulatory authorities without consequences, then our lawyers will help you properly prepare for the visit of inspectors, and, if necessary, appeal the result.
What is checked by the migration service
As part of the ongoing activities, employees of the migration service department check with the employer:
- staffing that allows hiring migrants;
- permission to attract foreigners to work;
- statutory documents of the organization;
- permission to use foreign labor force;
- documents confirming the legality of the operation of the premises.
For migrants, inspectors check all documents of a foreign worker confirming his right to work and stay on the territory of the Russian Federation, as well as migration registration. Additionally, the employment contract concluded between the foreign person and the employer is verified.
If violations are detected by the IFMS employees, the relevant information is transferred to other state services: Rospotrebnadzor, the Prosecutor's Office of the Russian Federation, the Ministry of Emergency Situations, the Ministry of Internal Affairs, the labor inspectorate or any other bodies whose powers allow resolving issues regarding the involvement of foreigners to work in Russia.
At the same time, according to the law, a representative of the inspected employer organization has the right to be present when employees of the Federal Migration Service perform their official duties, give explanations and clarifications on issues that arise during events, and acquaint service instructors with the documents on the case. And also the employer or his representative has the right to appeal the final results of the measures taken or the specific actions of officials. & nbsp;
How often the business is checked by the migration service
In accordance with paragraph 5 of the Regulations of the Federal Migration Service, employer organizations are routinely checked according to the schedule established by each territorial division of the migration service, but not more than once every 3 years. At the same time, paragraph 7 of the Regulations of the Main Directorate of the FMS grants the right to carry out unscheduled events upon receipt (including anonymous) information about the violation by the employer of migration legislation.
Legal advice at the risk of detecting violations will help the management of the audited organizations to avoid a lot of problems. The participation of professionals will allow you to properly prepare for the visit of regulatory authorities and minimize the possible risks of prosecution with the imposition of appropriate sanctions.
What is included in the services of migration lawyers?
Legal advice during the audit of the Federal Migration Service helps the management of the organization to properly prepare for the upcoming visit of the supervisory authorities. Moreover, the company always has time to prepare between scheduled inspections. It is much worse when employees of the Department of Internal Affairs or the Federal Migration Service visit the company unscheduled, but in this case, lawyers can provide invaluable assistance in the form of a promptly developed action plan or launching a procedure for appealing the conclusions issued by inspectors.
Our company offers comprehensive services of qualified lawyers in the field of migration law, which will provide exclusively legal support for interaction between representatives of Russian business and supervisory authorities and minimize any risks of illegal prosecution of the company.
The list of services provided by the legal agency includes:
- dealing with the preparation of documents for foreign citizens in accordance with the law;
- medical examination of foreign citizens when applying for a job;
- organization of state testing in the Russian language and other services.
Applying for legal support to our company is:
- qualified assistance in preparing documents;
- individual support of the procedure by the company's lawyers;
- absolute confidentiality guaranteed;
- saving time and effort for our customers.
If you are afraid of a fine from the supervisory authorities or know that the company has violations, but want to minimize risks or reduce liability, then our lawyers will develop the best strategy for you to communicate with the Federal Tax Service and protect you.
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