NL Russland - Gesetzl. Regelungen Rechtslage

April 2015
LEGISLATIVE REGULATION OF
THE LEGAL STATUS OF FOREIGN CITIZENS
IN THE RUSSIAN FEDERATION
Newsletter
Contents
The main provisions of the legislation regulating the legal status of
foreign citizens in Russia are commented on below.
1. Permits to Stay in Russia
Page 1
1.1 Temporary Stay
Page 1
1.2 Temporary Residence
Page 4
1.3 Permanent Residence
Page 5
2. Employment of Foreign Citizens
Page 6
2.1 General Provisions
Page 6
2.2 Foreign Employees Arriving in Russia on the Basis of a Visa
Page 6
2.3 Foreign Employees Arriving in Russia on a Visa-Free Basis
Page 7
2.4 Highly Qualified Foreign Specialists
Page 8
2.5 Foreign Employees from the WTO member countries
Page 9
3. Liability for Violation of the Law on
the Legal Status of Foreign Citizens
Page 9
The main regulatory act in the area of regulation of issues of the
entry and presence of foreign citizens in Russia is the Federal Law
“On the Legal Status of Foreign Citizens in the Russian Federation” No. 115-FZ dated 25 July 2002 (hereinafter the “Law on the
Legal Status of Foreign Citizens” or the “Law”). The adoption of
the Law initiated the formation of an integrated legislative base
regulating the legal status of foreign citizens and provided the
prerequisites for further developing the legislation in this sphere,
including the regulation of certain practical aspects. On the basis
and in pursuance of the Law, the Government of the Russian
Federation and the Federal Migration Service of Russia adopted a
number of regulatory documents regulating, in particular, matters
concerning the establishment of quotas for the issuance of invitations to foreign citizens for purposes of working and temporary
residence in Russia, as well as the procedure for issuance of temporary residence documents and work permits.
1. Permits to Stay in Russia
The Law on the Legal Status of Foreign Citizens establishes the
following system of differentiation of legal grounds for stay of foreign citizens in Russia and the respective permits:
1.temporary stay – on the basis of a visa corresponding to the
purpose of the visit;
2.temporary residence – on the basis of a temporary residence
permit;
3. permanent residence – on the basis of a residence permit.
Each type of stay and the conditions for receiving the necessary
permits for a respective type of stay are described in detail below.
1.1 Temporary Stay
1.1.1 General Provisions
A visa is a document that grants the right to a temporary stay
and determines the length of such stay in Russia. The validity
periods of visas as well as the procedure for their issuance may
differ depending on the purpose of the visit. The rules for issuing
and extending Russian visas are established by the Federal Law
“On the Procedure for Exit from the Russian Federation and Entry
to the Russian Federation” No. 114-FZ dated 15 August 1996,
and Decree of the Government of the Russian Federation “On
Approval of the Provisions on Establishing the Form of the Visa,
the Procedure and Conditions for Processing and Issuing, Exten­
ding, Restoring it in case of Loss, and the Procedure for Annulling
a Visa” dated 9 June 2003 No. 335 (hereinafter “Russian Federation Government Decree No. 335”).
A foreign citizen must leave the Russian Federation upon visa
expiration, except for cases where the term of the visa or the term
of temporary residence is extended on the date of visa expiration,
or a new visa, temporary residence permit or residence permit is
issued as well as some other cases. Foreign citizens arriving in the
Russian Federation on a visa-free basis are entitled to stay in the
Russian Federation without a visa, only on the grounds of a duly executed migration card. This category of foreign citizens comprises
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LEGISLATIVE REGULATION OF THE LEGAL STATUS
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citizens of states with whom the Russian Federation has concluded an agreement on reciprocal visa-free travel of citizens
(including Ukraine, Armenia, Kazakhstan). As a general rule, such
foreign citizens may temporarily stay in the Russian Federation
for a maximum of 90 days in total during each period of 180 days.
If such a foreign citizen concludes an employment agreement or
a civil law agreement on executing works (rendering services),
the term of temporary residence is extended by the term of the
concluded agreement, but not by more than one year; a note on
this is made on the migration card. This term limitation does not
apply to highly qualified foreign specialists, for whom the term of
temporary residence is determined on the basis of the term of the
employment or civil agreement (service, work) concluded thereby.
It should be noted that for the purposes of ensuring the optimal
balance of labour resources and assisting in employing the citizens
of the Russian Federation on a priority basis, the Government of
the Russian Federation is entitled to reduce the term of temporary
stay of foreign citizens who have arrived in the Russian Federation
on a visa-free basis.
1.1.2 Issuance of Invitations to Russia
As a rule, visas to the Russian Federation are issued based on
invitations from Russian organisations and citizens. Branches and
representative offices of foreign commercial companies accredi­
ted in the Russian Federation are also entitled to issue invitations
to foreign citizens.
Invitations are issued by either state authorities or other parties,
namely:
■■
Federal Migration Service of Russia and its territorial
bodies
issues invitations applied for by local authorities, Russian legal entities, branches and representative offices of foreign commercial
companies, citizens of the Russian Federation, and foreign citizens
permanently residing in Russia.
In order to have invitations issued, inviting legal entities, branches
and representative offices of foreign commercial companies must
be registered with the Federal Migration Service of Russia or a territorial body thereof. Such registration is performed in accordance
with the procedure established by Order of the Federal Migration
Service of Russia No. 390 dated 30 November 2012.
Other parties
International treaties of the Russian Federation may establish a
simplified procedure for issuance of visas, which in particular may
apply to requirements for invitations to enter Russia. For example,
the Agreement between the Russian Federation and the European Community on the Facilitation of the Issuance of Visas to
the Citizens of the Russian Federation and the European Union
(entered into on 25 May 2006 in Sochi) stipulates that multiple
business visas may be issued to business people and representatives of business organisations regularly travelling to Russia on
the basis of a simple written request of an inviting organisation.
The Law on the Legal Status of Foreign Citizens establishes that
the inviting party must guarantee financial and medical coverage
as well as accommodations for the foreign citizen during the stay
in Russia. Such guarantee must be confirmed by a guarantee letter
submitted by the inviting party along with the invitation application
or included in the text of an invitation.
1.1.3 Obtaining Russian Visas. Categories,
Types and Validity Periods of Visas
Russian visas can be issued by the following authorities:
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■■
■■
The Ministry of Foreign Affairs
issues invitations applied for by state authorities, diplomatic missions and consular offices of foreign states in the Russian Feder­
ation, international organisations and their representative offices
in the Russian Federation, as well as representations of foreign
states of international organisations located in the Russian Fede­
r­ation.
■■
■■
Russian diplomatic and consulate institutions abroad – issue all
types and categories of visas;
Ministry of Foreign Affairs – issues diplomatic and official
visas, and prepares short-term visas at consulate offices at the
Russian border;
Federal Migration Service of Russia and its territorial bodies –
issue transit visas, temporary residence visas, multiple work
and study visas, extend visas, as well as renew and cancel
visas.
As stipulated by the Federal Law “On the Procedure for Exit from
the Russian Federation and Entry to the Russian Federation”
No. 114-FZ dated 15 August 1996 and Russian Federation
Government Decree No. 335, Russian visas, depending on the
intended purpose and duration of the visit, may be of various cate­
gories and types.
Pursuant to the classification based on the number of permitted
entries, visas may be of the following types: single entry visas,
double entry visas, or multiple entry visas.
Depending on the purpose of visit, visas may be of the following
categories:
1 Diplomatic visa (ДП)
prepared for foreign citizens having diplomatic passports;
2 Official visa (СЛ)
issued to foreign citizens having official passports (for example,
members of official foreign delegations);
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3 Transit visa (ТР1, ТР2)
ТР1 – single entry, and ТР2 – single or double entry;
4 Temporary residence visa (ВП)
there are two types of such visa: 1) single-entry visas for up to
four months for entering the Russian Federation for temporary
residence; 2) upon receipt of a temporary residence permit
the visa term is prolonged by way of issuance of a multi-entry
temporary residence visa for the term of the temporary residence permit;
5 Ordinary visa (О)
a detailed description of the main types of ordinary visas is
provided below:
5.1. Ordinary business visa “Д”:
For purposes of business trips to Russia.
Validity period is up to three months (single or double entry
visas) or up to one year (multiple entry visas). Under a multiple
entry visa, a foreign citizen’s total stay in the Russian Federation is determined during processing of the visa by the autho­
rised state body, but may not be more than 90 days within
each 180 day period.
5.2. Ordinary work visa “Р”:
For purposes of employment in Russia.
Validity period is up to three months. After entering Russia the
visa is extended for the term of the employment (or civil legal)
agreement, although not for more than one year. A visa for a
highly qualified foreign specialist is issued for the term of the
employment or civil agreement concluded therewith, but not
for more than three years.
5.3. Ordinary private visa “Ч”:
For purposes of private guest visits.
Validity period is up to three months (single or double entry
visas).
5.4. O
rdinary tourist visa “Т,”
or ordinary group tourist visa “ТГ”:
For purposes of tourism.
Validity period is up to one month (single or double entry visa).
A group visa is issued to foreign tourists arriving in a tourist
group (from 5 to 50 persons).
5.5. Ordinary study visa “У”:
For purposes of study at a Russian educational institution.
The validity period is up to three months. Upon entry into
Russia, the visa is extended for the term of study, although not
for more than one year for each subsequent extension.
5.6. Ordinary humanitarian visa “Г”:
For purposes of scientific, cultural, socio-political, sporting or
religious relations and contacts, or pilgrimage, charity work
delivering humanitarian aid.
Validity period is up to three months (single or double entry
visa) or up to one year (multiple entry visa). Under a multiple
entry visa, a foreign citizen’s total stay in the Russian Federation is determined during processing of the visa by the autho­
rised state body, but may not be more than 90 days within
each 180 day period.
5.7. Ordinary entry visa to obtain asylum “А”:
Validity period is up to three months (single entry visa). A decision of the Federal Migration Service to recognise the foreign
citizen as a refugee serves as the basis for obtaining this visa.
5.8. Ordinary visa to enter for the purpose of conferment
of Russian citizenship:
Validity period is up to one year (multiple entry visa). The basis
of issuance of the said visa is a decision on recognition of a
foreign citizen as a Russian native speaker in accordance with
the legislation on the citizenship of the Russian Federation.
In certain cases stipulated by Russian Federation Government
Decree No. 335, visas may be extended. A visa is extended by an
authorised local state body at the foreign citizen’s actual place of
stay on the basis of the foreign citizen’s written application and a
written petition for visa extension prepared by the organisation (or
individual) that invited such foreign citizen.
1.1.4 Migration Registration of Foreign Citizens
The migration registration of foreign citizens is carried out pursuant to provisions of the Federal Law “On Migration Registration of
Foreign Citizens and Stateless Persons in the Russian Federation”
dated 18 July 2006 No. 109-FZ (hereinafter the “Law on Migration
Registration”). In accordance with the said Law and Decree of the
Government of the Russian Federation “On the Procedure for Conducting Migration Registration of Foreign Citizens and State­less
Persons in the Russian Federation” No. 9 dated 15 January 2007,
the migration registration of foreign citizens is carried out within
the framework of one of two procedures:
■■
■■
registration at the place of residence;
registration at the place of stay (for foreign citizens temporarily
staying, as well as with regard to temporarily and permanently
residing foreign citizens staying at a place other than the place
of residence).
According to the rules stipulated by the Law on Migration Registration, registration at the place of stay in the Russian Federation
shall be conducted as follows:
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■■
■■
■■
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Foreign citizens temporarily staying in the Russian Federation
shall be registered at the place of stay upon the lapse of seven
business days from the day of arrival at the place of stay.
Temporarily and permanently residing foreign citizens shall be
registered at the place of stay if they are not present at their
place of residence. The term for registration is seven business
days from the date of arrival at the place of stay.
Upon arriving at the place of stay, a foreign citizen shall present the receiving party with its passport and migration card
(or residence permit or temporary residence permit), which is
filled out during entry to the Russian Federation. The employer
or a legal entity or individual with which the foreign citizen is
actually residing (located) may act as the receiving party.
If a foreign citizen arrives at a hotel, within 24 hours the hotel
administration is obligated to notify the territorial body of the
Federal Migration Service of the foreign citizen’s arrival at the
place of stay.
The receiving party shall fill out a special arrival notification
form and submit it along with a copy of the foreign citizen’s
passport and migration card to the territorial body of the
Federal Migration Service directly or through a multipurpose
center for provision of governmental and municipal services or
by mail. The detachable part of the arrival notification form for
a foreign citizen is given to the citizen.
A foreign citizen is entitled to independently notify the migration
registration authorities of his / her arrival at the place of stay given
documented, valid reasons preventing the receiving party from
sending the notification to the migration registration authorities
itself, as well as if during the stay in the Russian Federation the
foreign citizen will reside in his / her own residential premises. The
notification procedure and required set of documents are established by the Law on Migration Registration.
Special preferences in the area of migration registration are
granted to foreign citizens performing labour activities in Russia as
highly qualified specialists, as well as to members of their families.
These persons are exempt from mandatory migration registration
for 90 days from the date of their entry into Russia and for 30 days
from the date of arrival at a new place of stay in the event they
move within Russia. Upon the expiry of the 90-day or 30-day term,
the said foreign citizens must be registered at the place of stay
within seven business days.
The temporary residence legal status is regulated by the Law on
the Legal Status of Foreign Citizens (Article 6). The procedure
for applying for a temporary residence permit and the procedure
for preparing the necessary documents are specified in detail in
Order of the Federal Migration Service of Russia No. 214 dated
22 April 2013.
Temporary residence permits are issued within the quota annually established by the Government of the Russian Federation for
each administrative unit of the Russian Federation.
Certain categories of foreign citizens are not subject to the quota,
including, in particular, foreign citizens who were previously citizens of the USSR, foreigners married to Russian citizens residing in Russia, foreign citizens making investments in Russia in
certain amounts (the amount of such investments is yet to be
established), foreign citizens having a minor or disabled child with
Russian citizenship.
1.2.2 P
rocedure for Issuing a Temporary Residence
Permit
An application for issuance of a temporary residence permit shall
be filed personally by a foreign citizen either with a territorial body
of the Federal Migration Service of Russia or, if the foreign citizen
is in the country of his / her permanent residence, with a diplomatic mission or consular office of the Russian Federation located
abroad.
The following documents must be enclosed with the application:
1)
proof of identity and citizenship (international passport), as
well as a residence permit or other document issued by an
authority of a foreign state confirming the foreign citizen’s residence outside the state of his / her citizenship;
2)
document issued by the competent authority of the state
where the foreign citizen permanently resides regarding the
non-existence of a criminal record;
3)a document confirming that the foreign citizen is HIV negative
and a document confirming that the foreign citizen (his / her
family members) is not addicted to narcotics and does not have
any of the infectious diseases specified in the list approved by
the Government of the Russian Federation;
1.2.1 General Provisions
4)certificate confirming knowledge of the Russian language, the
history of Russia and the fundamentals of legislation of the
Russian Federation that may be obtained by a foreign citizen
from an authorised educational institution both in and outside
of the territory of Russia after a respective examination has
been passed successfully.
A temporary residence permit, which is granted for a three-year
period, is the basis for a foreign citizen’s temporary residence in
Russia.
Foreign citizens not subject to the quota for the issuance of temporary residence permits shall additionally submit documents confirming this right, for example:
1.2 Temporary Residence
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1)marriage certificate and spouse’s passport (if the spouse is a
Russian citizen);
■■
is entitled to work exclusively within the Russian Federation
administrative unit in which the foreign citizen is permitted to
2)birth certificate or passport of a USSR citizen (for former USSR
citizens).
Both the abovementioned documents and documents confirming
family relations shall be submitted for each member of the foreign
citizen’s family that is indicated on the application as an applicant
for a temporary residence permit.
The application shall be considered within six months from the date
of filing the application and all necessary documents. The foreign
citizen shall be notified of the decision within three business days
of the date of such decision. In case of a positive decision, the
foreign citizen is issued a visa to enter Russia.
A foreign citizen who has entered Russia on the basis of such visa
shall apply to a body of the Federal Migration Service of Russia for
issuance of a temporary residence permit.
a foreign citizen temporarily residing in the Russian Federation
temporarily reside.
1.3 Permanent Residence
A residence permit, which is issued for a maximum term of
five years and may be extended an unlimited number of times,
is the document which provides foreign citizens the right to per­
manently reside in Russia.
Residence in Russia for 1 year on the basis of a temporary residence permit is the obligatory condition for obtaining a residence
permit (the application must be filed no later than 6 months prior
to expiration of the temporary residence permit).
Order of the Federal Migration Service No. 215 dated 22 April 2013
determines both the list of required documents and the pro-
A temporary residence permit is issued in the form of a special
mark in the passport. If the recipient’s passport is lost or replaced,
this mark is placed in the new passport.
cedure for obtaining a residence permit. In particular, a foreign
1.2.3 Practical Comments
certificate confirming that the foreign citizen is free of HIV, drug
Temporary residence status is a transition between temporary stay
status and permanent residence and allows a foreign citizen to
apply for a residence permit upon the expiration of one year from
the date of receiving a temporary residence permit (the particula­
rities of this legal status are described in Section 1.3 below).
citizen must present the following documents: evidence of
income, evidence confirming availability of residential accommodation at the place of residence in the Russian Federation,
addiction and infectious diseases as stipulated by legislation,
certificate confirming knowledge of the Russian language, the
history of Russia and the fundamentals of legislation of the Russian Federation.
The advantages of permanent residence status are:
At the same time, temporary residence status has particular
restrictions:
■■
it is not possible to extend a temporary residence permit upon
expiration of its three-year validity period. In this case, a new
permit must be obtained in accordance with the procedure
described above;
■■
■■
■■
■■
■■
mandatory fingerprint registration is required for foreign citizens temporarily residing in Russia;
ability to work in any part of Russia without a special permit
(work permit);
freedom of movement and choice of place of residence in
Russia;
■■
ability to issue, in one’s own name, visa invitations to Russia
for other foreign citizens.
A special simplified procedure for obtaining a residence permit
is established for foreign citizens carrying out labour activities in
foreign citizens temporarily residing in Russia are not entitled
to freely change their place of residence in Russia (the permission of the authorised state body is required);
the Russian Federation as highly qualified specialists. First, a for-
a foreign citizen temporarily residing in Russia must personally submit to the territorial migration authority notification, in
the established form, of confirmation of his / her residence in
the Russian Federation with an attached certificate of income,
a copy of the tax return, or other document confirming the
amount and source of his / her income for the year, within two
months from the end of the year following the foreign citizen’s
receipt of a temporary residence permit;
session of a temporary residence permit, as well as without the
eign highly qualified specialist and members of his / her family are
entitled to apply for a residence permit regardless of their posnecessity of preliminarily residing in the Russian Federation for a
certain period. The term of a residence permit is limited only to
the term of the employment or civil agreement concluded with
the foreign citizen. Furthermore, a ground for denial to issue a
residence permit may not be lack of evidence of the existence of
means of subsistence, leaving the Russian Federation for more
than six months and certain other bases.
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2. Employment of Foreign Citizens
■■
2.1 General Provisions
As a general rule, foreign citizens must obtain a special permit in
■■
order to perform labour activities in Russia. The Law on the Legal
Status of Foreign Citizens requires that a work permit be issued
both in the case of employment pursuant to a contract (employment contract or contract for rendering services) and in the case
of a foreign citizen acting as a private entrepreneur.
Article 13.4 of the Law on the Legal Status of Foreign Citizens
provides a list of the categories of foreign citizens not required to
obtain work permits, in particular:
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foreign citizens having permanent and temporary residence
status in Russia;
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foreign citizens participating in State Programs for rendering
assistance for voluntary relocation of nationals living abroad
to the Russian Federation, as well as members of their family;
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employees of diplomatic missions, consular offices of foreign
countries in the Russian Federation, employees of inter­national
organisations as well as their private household employees;
■■
employees of foreign legal entities (manufacturers or suppliers)
performing installation (installation supervision) works, service
and warranty maintenance as well as post-warranty repairs of
technical equipment delivered to the Russian Federation;
■■
journalists accredited in the Russian Federation;
■■
foreign citizens studying in the Russian Federation at professional educational institutions or higher education institutions
and working (1) during holidays or (2) during time free from
studies (in the second case – as educational support personnel
at their educational institutions or commercial companies or
partnerships established thereby);
■■
■■
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foreign citizens who are accredited employees of representative offices of foreign legal entities accredited in the territory
of the Russian Federation in accordance with the established
procedure;
foreign creative specialists aged up to 14 years involved in
activities of cinema companies, theatre and concert organi­
sations, circuses;
foreign sportspeople aged up to 18 years;
foreign citizens recognised as refugees or those who were
granted temporary asylum in the territory of Russia.
The conditions and procedure for employing foreign citizens are
set forth in the Law on the Legal Status of Foreign Citizens and
the Administrative Regulation for the Federal Migration Service
and other state authorities rendering state services for issuing
permits to attract foreign citizens and work permits to foreign
citizens 1.
In accordance with the Law, a special type of invitation and
an ordinary work visa are issued to foreign citizens entering
Russia for employment purposes. In addition, the Government of
the Russian Federation annually establishes a quota for the issuance of invitations to enter the Russian Federation for the purpose
of employment and a quota for the issuance of work permits.
Moreover, the Government annually approves an admissible
proportion of foreign employees engaged in various branches of
economy. As a rule, this restriction is established with respect to
such branches as retail sale of alcoholic drinks, tobacco products,
pharmaceutical goods as well as retail sale via stalls, markets and
non-shop retailing.
2.2 Foreign Employees Arriving in Russia on the Basis
of a Visa
The following documents are required in order to hire foreign
employees arriving in Russia on the basis of a visa:
■■
foreign citizens invited to the Russian Federation as research-
a permit to hire foreign employees (to be prepared by the
employer for one or more employees);
a work permit (to be prepared for each employee).
ers or teachers to perform research and development or teach-
■■
ing activities (with the exception of religious educational insti-
The procedure for hiring foreign employees includes the following
steps:
tutions) as well as foreign citizens that entered Russia on the
basis of a business, work or humanitarian visa and performing
teaching activities in academic organisations and higher education institutions (except for theological education institutions);
1.The employer files an application on labour requirements for
filling vacant and newly created work places with foreign em­­
ployees (application for a quota).
Order of the Federal Migration Service No. 1, of the Ministry of Healthcare and Social Development of the Russian Federation No. 4, of the Ministry of Transportation of the Russian Federation No. 1, of the State Fishery Committee of the Russian Federation No. 2 dated 11 January 2008 “On approval of the Administrative Regulation for the Federal Migration Service, executive bodies of Russian Federation administrative units exercising assigned powers of the Russian
Federation in the area of assisting in employing the population, the Federal Agency for Sea and River Transportation and the State Fishery Committee of the
Russian Federation rendering state services for issuing opinions on attracting and engaging foreign citizens, permits to attract and engage foreign citizens, as
well as work permits to foreign citizens and stateless persons”.
1
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he employer files the said application annually with the comT
petent authority of the particular administrative unit of the
Russian Federation; the state authorities use the application to
shape the quotas for permit documents for foreign citizens. If
the application is not filed, the employer faces the risk of being
denied issuance of the permit documents on the basis of the
quota approved for the current year.
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work permit – 3,500 rubles for each foreign employee;
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invitation to enter the Russian Federation – 800 rubles for each
foreign employee.
2.3 Foreign Employees Arriving in Russia on
a Visa-Free Basis
Employers hiring foreign employees having professions, to
which quotas on work permits do not apply, are exempt from
the obligation to file quota applications. The list of such professions is approved by Order of the Ministry of Labour and
Social Protection of the Russian Federation No. 768н dated
12 December 2013 and includes, in particular, the positions
of general director of an enterprise, general director of a joint
stock company, director of a representative office, branch,
firm, chairman of the board and deputy thereto.
The Law on the Legal Status of Foreign Citizens establishes par-
2.The employer obtains a permit to engage and use foreign citizens. This procedure includes the following actions:
Tax Code of the Russian Federation). The patent is issued for the
2.1.
Submitting an application for providing the employer
with state services for selecting the required employees,
as well as information on existing vacancies for entry in
the database;
administrative unit of the Russian Federation where it was issued.
a visa-free basis is comprised of the following stages:
2.2.Obtaining a permit to engage and use foreign employees
from the territorial body of the Federal Migration Service
of Russia.
3.An application is filed with a territorial body of the Federal
Migration Service of Russia for issuance of a work permit (and
an application for issuance of an invitation to enter the Russian
Federation).
4.The employer obtains an invitation for work purposes and a
work permit for each foreign employee.
5.The employer ensures migration registration of the invited foreign citizen following his / her entry to Russia with the terri­torial
body of the Federal Migration Service of Russia and extension
of his / her visa.
6.The employer notifies the territorial body of the Federal Migration Service of Russia of the employment agreement entered
into with the foreign citizen.
ticular features of the labour activities of foreign citizens arriving
in the Russian Federation on a visa-free basis. Foreign citizens of
this category are hired on the basis of a patent.
A patent is a document giving the right to perform labour activities in the territory of Russia provided that a foreign citizen pays
individual income tax in the form of a lump-sum advance payment
calculated in accordance with tax legislation (Article 227.1 of the
period from 1 to 12 months and is valid in the territory of the
If the patent specifies any profession, the respective foreign
employee may be hired only in accordance with this profession.
The procedure for hiring a foreign citizen who arrived in Russia on
1.The foreign citizen obtains a certificate confirming knowledge
of the Russian language, the history of Russia and the fundamentals of legislation of the Russian Federation.
The foreign citizen files an application with a territorial body
2.
of the Federal Migration Service of Russia for issuance of a
patent.
3.The foreign citizen pays individual income tax in the form of
a lump-sum advance payment for the period of validity of the
patent specified in the application.
4.The foreign citizen obtains the patent from the territorial body
of the Federal Migration Service of Russia.
5.An employment agreement is entered into with the foreign
citizen.
The foreign employee obtains a certificate confirming know­­
ledge of the Russian language, the history of Russia and the
fundamentals of legislation of the Russian Federation and submits it to the territorial body of the Federal Migration Service
of Russia.
6.The employer notifies the territorial body of the Federal Migra-
The state duties for issuing the permit documents required for
attracting foreign employees for labour activities are as follows:
ment to the territorial body of the Federal Migration Service of
permit to hire foreign employees – 10,000 rubles for each foreign employee;
Once the patent has expired, it may be extended or reissued. The
■■
tion Service of Russia of the employment agreement entered
into with the foreign citizen.
7.The foreign citizen sends a copy of the employment agreeRussia.
patent may be extended if it was issued for a period of no longer
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that 12 months, whereas the total period of validity of the pat-
■■
A simplified procedure is established for applying to an autho­
ent taking into account any extension periods may not exceed
rised body of the Federal Migration Service for issuance of a
12 months from the date of issuance thereof. Once 12 months
work permit. To obtain a work permit an employer sends a
have lapsed from the date of issuance of the patent, labour activi-
petition 2 to engage a highly qualified specialist with several
ties may be continued if only the patent is reissued. The patent
documents attached, in particular the employment agreement
may be reissued for a period of from 1 to 12 months. The foreign
or civil agreement for performing works (rendering services),
citizen is obligated to pay individual income tax in the form of a
the entry into force of which is conditional upon the highly
lump-sum advance payment for the period, for which the patent
qualified specialist receiving a work permit, also containing a
is extended or reissued.
provision on voluntary medical insurance of the foreign worker
and his / her accompanying family members.
2.4 Highly Qualified Foreign Specialists
■■
The time period for considering an employer’s application
The Law on the Legal Status of Foreign Citizens provides for a
to engage a highly qualified specialist amounts to no more
special category of foreign highly qualified specialists, recog-
than 14 business days. A permit is issued to a foreign spe-
nised as foreign citizens engaged for labour activities in the Rus-
cialist only personally upon presentation of an identification
sian Federation under employment agreements or agreements
document.
of a civil nature (contracting, services) and meeting the following
■■
The term of the work permit for a highly qualified specialist
requirements:
and the term of the work visa will correspond to the term of
1.existence of work experience, skills or achievements in the
the employment or civil agreement with the specialist, but not
more than three years, with the possibility of unlimited prolon-
particular area of activities;
gation for three years each subsequent time.
2.the salary (fee) pursuant to the concluded employment or civil
agreement (contracting, services) amounts to at least 167,000
■■
that the highly qualified specialist will work in two or more
rubles per month.
regions of the Russian Federation, he / she is granted a work
The right to invite and hire highly qualified specialists is had by
permit in all such regions.
both Russian commercial organisations and branches and representative offices of foreign legal entities duly accredited in Russia.
Moreover, the competency and level of qualifications of foreign
citizens engaged as highly qualified specialists are verified and
evaluated by the employer (customer of works / services) indepen­
If in accordance with the concluded agreement it is intended
■■
Highly qualified specialists are exempt from the obligation
to obtain a certificate confirming knowledge of the Russian
language, the history of Russia and the legislation of the Russian Federation.
dently, at its own risk and peril and beyond the control of any state
Furthermore, a reduced income tax rate is established for highly
authorities.
qualified specialists: 13 per cent. This rate is applicable from the
Several preferences are established for foreign highly qualified
first day of labour activities in Russia.
specialists, some of which are already described above in the
In the event of premature termination of the employment agree-
respective sections. The main advantages in terms of engaging
ment with a highly qualified specialist, within 30 business days
the said persons for labour activities are set forth below:
the specialist may search for another place of employment and
■■
An employer inviting a foreign highly qualified specialist is
exempt from the obligation to file an application for receiving
a quota for the issuance of work permits and a quota for the
issuance of invitations to enter the Russian Federation for the
purpose of employment. These types of quotas do not apply
to foreign highly qualified specialists.
■■
receive a new work permit. Given a positive outcome, the new
employer organises the foreign citizen’s receipt of a new work
permit in the usual manner. Furthermore, the previous work
permit, visa and residence permit (if any) of the foreign highly
qualified specialist and family members are considered valid up
to the issuance of the new work permit or denial to issue it. In
the latter case, or if the foreign citizen does not enter into a new
In order to engage a highly qualified specialist for work an
employment or civil agreement within 30 business days, he / she
employer is not required to obtain a permit to engage and use
and the family members must leave the Russian Federation within
foreign employees.
the subsequent 30 business days.
The form of this petition is approved by Decree of the Government of the Russian Federation dated 30 June 2010 No. 487.
2
Page 9
April 2015
LEGISLATIVE REGULATION OF THE LEGAL STATUS
OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION
Simplifying the procedure for engaging highly qualified foreign
–other position that involves labour activities related to the
specialists for work is accompanied by additional requirements
rendering of services in Russia while the salary amounts
for employers to notify bodies of the Federal Migration Service
to at least two million rubles per year. At the same time,
of Russia of the occurrence of events stated in the law (engage-
the foreign citizen must be highly qualified and (or) have
ment for labour activities, payment of salary, etc.). Furthermore,
outstanding knowledge meeting the requirements estab-
an employer that has breached provisions of the employment
lished by the Government of the Russian Federation and
agreement with a foreign specialist or is held responsible for an
necessary for the rendering of the services by the branch
administrative offense in connection with engaging foreign citi-
or subsidiary company.
zens for work loses the right to engage foreign highly qualified
specialists for two years.
2.5 Foreign employees from the WTO member
countries
Article 13.5 of the Law On the Legal Status of Foreign Citizens
provides for the possibility to hire foreign citizens sent to work
for Russian representative offices, branches and subsidiary companies of foreign commercial companies registered in the WTO
member countries in accordance with a simplified procedure.
The total number of key employees performing labour activities
in representative offices of companies that sent them may not
exceed five persons, and in the banking sector – two persons.
It should be noted that the status of key employees is similar,
to some extent, to that of highly qualified specialists who are
engaged in accordance with a simplified procedure for issuance
of permitting documents (see Section 2.4). However, unlike the
said specialists, key employees may not enjoy a reduced indivi­
dual income rate. The income tax rate applicable to key employees shall be determined in accordance with the general rules and
These foreign citizens (hereinafter referred to as “key employees”)
depends on the period of stay in Russia: 13 per cent for employ-
are entitled to perform labour activities in Russia on the basis of
ees staying in Russia for at least 183 calendar days within 12 con-
a work permit and a work visa issued for the period of validity of
the employment agreement but for up to three years. This period
may be repeatedly extended but every time for no longer than
three years.
Quotas for issuance of invitations to enter Russia and work permits do not apply to key employees. Moreover, in order to hire
key employees employers are not required to obtain a permit to
engage and use foreign employees.
A foreign citizen sent to Russia to work is recognised as a key
employee and enjoys the advantages of the procedure for performance of labour activities described above if he / she has worked
for the sending foreign commercial company (hereinafter referred
to as the “sending company”) for at least one year immediately
prior to being sent to Russia and if such employee is sent to:
1.a representative office of the sending company to occupy the
secutive months and 30 per cent for employees staying in Russia
for less than that. Moreover, key employees are not exempt from
the obligation to obtain a certificate confirming knowledge of the
Russian language, the history of Russia and the fundamentals of
legislation of the Russian Federation.
Practical comment:
Some details of the procedure for engagement of key personnel
have not been regulated yet, due to which at present this procedure is not applied. For example, requirements for the qualification and knowledge of key employees and the list of services
of branches and subsidiary companies of sending companies, for
rendering of which key employees may be engaged, must be
established. Upon approval of the respective regulatory acts, the
procedure for engagement in Russia of key employees from the
WTO member countries will be applied in practice.
position of the executive officer of the representative office or
any other position that involves management and coordination
of activities of the representative office. In this case, there are
no requirements as to the amount of salary;
2.a branch or subsidiary company of the sending company to
occupy the position of:
–the executive officer of the branch or the subsidiary company. In this case, there are no requirements as to the
amount of salary;
or
3. Liability for Violation of the Law
on the Legal Status of Foreign
Citizens
The Law on the Legal Status of Foreign Citizens contains general
provisions on liability for violations of the rules established therein.
Specific types of violations and liability are defined in Chapter 18
of the Russian Federation Code of Administrative Offenses (CAO)
as follows:
Page 10
April 2015
LEGISLATIVE REGULATION OF THE LEGAL STATUS
OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION
Types of offenses
Liability of foreign citizens
(employees)
Liability of officers of the
inviting organisations
Liability of legal entities
1. Violation of the rules for
staying in the Russian
Federation, e. g.
Administrative fine in an
amount of from 2,000 to
7,000 rubles
Administrative fine in an
amount of from 40,000 to
50,000 rubles
Administrative fine in an
amount of from 400,000 to
500,000 rubles
violation of the procedure
for executing documents
for the right of foreign
citizens to stay and to reside,
migration registration rules,
length of stay, choice of
place of residence
In addition: administrative
expulsion from Russia may
be applied (at the discretion
of the authorities imposing
the sanction, except for
Moscow, St. Petersburg,
Moscow and Leningrad
Regions where expulsion
is obligatory)
In case of violation of the
rules for staying (residing)
in the Russian Federation for
foreign citizens in relation
to 2 or more invited foreign
citizens, administrative
liability shall accrue in
relation to each foreign
citizen severally
(Article 18.9 of the CAO)
(Art. 18.8 of the CAO)
(Art. 18.9 of the CAO)
Administrative fine in an
amount of from 2,000 to
5,000 rubles
Administrative fine in an
amount of from 25,000 to
50,000 rubles (in relation
to each foreign citizen
unlawfully hired)
(Art. 18.8, 18.9 of the CAO)
2. Unlawful performance
of labour activities by a foreign
citizen in the Russian
Federation and unlawful
hiring of a foreign citizen in
the Russian Federation
(Art. 18.10, 18.15 of the
CAO)
In addition, administrative
expulsion from Russia may
be applied (at the discretion
of the authority that imposed
the sanction, except for
Moscow, St. Petersburg,
Moscow and Leningrad
Regions where expulsion is
obligatory)
(Art. 18.15 of the CAO)
Administrative fine in an
amount of from 250,000 to
800,000 rubles, or
administrative suspension
of activities for from 14 to
90 days (in relation to each
foreign citizen unlawfully
engaged for labour activities)
(Article 18.15 of the CAO)
(Art. 18.10 of the CAO)
3. Failure to notify the
territorial body of the Federal
Migration Service of
Russia in cases stipulated
by legislation of the Russian
Federation
(parts 3 - 5, art. 18.15. of the
CAO)
–
Administrative fine in an
amount of from 35,000 to
70,000 rubles
Administrative fine in an
amount of from 400,000 to
1,000,000 rubles, or
administrative suspension
of activities for from 14 to
90 days
Page 11
April 2015
LEGISLATIVE REGULATION OF THE LEGAL STATUS
OF FOREIGN CITIZENS IN THE RUSSIAN FEDERATION
Imprint
Elena Sapegina
Lawyer
BEITEN BURKHARDT St. Petersburg
E-mail: Elena.Sapegina@bblaw.com
Natalia Wilke
Lawyer, Partner
Head of the Representative Office
BEITEN BURKHARDT St. Petersburg
E-mail: Natalia.Wilke@bblaw.com
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