Work in Russia for migrants

The actions of an employer when hiring a citizen of another country directly depend on the reason for which he is in the Russian Federation. As of January 1, 2023, a migrant under Federal Law of 25.07.2002 № 115-FZ “On the legal status of foreign citizens …” may have one of the following statuses:

• a temporary visa for foreigner;
• Highly qualified specialist (VKS);
• temporarily staying visa-free foreigner;
• temporary resident migrant, including those receiving education;
• Permanent resident for foreigners .

We do not refer in the article to refugees, persons with temporary asylum and participants in the program for the resettlement of compatriots. Their position is regulated by separate regulatory documents, and they have a special status, different from the status of a foreigner.

Temporary staying visa for foreigner

This status is granted to residents of countries with which the Russian Federation does not have a visa-free regime agreement, or its the action is suspended. Example: Austria, Germany, Poland, Afghanistan. You can check the agreement on portal of the Consular Department of the Ministry of Foreign Affairs of the Russian Federation..

Temporarily staying visa foreigners are in Russia on the basis of an ordinary work, study or business visa (Section II of the Regulation approved by Government Decree № 335 of 09.06.2003). It is limited in time, but it is extended at the request of the migrant.

In most cases, foreigners with this status can stay in Russia as long as the visa is valid (article 5 of law № 115-FZ). For their employment, the employer receives permission to attract migrants (Order of the Ministry of Internal Affairs of 01.08.2020 № 541). The foreigner himself will need a work permit (article 13 Law № 115-FZ).

Highly qualified specialist

This category includes foreigners if the terms of their employment contract meet certain criteria by income level or employer category ( 1 article 13.2 Law № 115-FZ). ). For most VKS, this is a salary condition of at least 167 thousand rubles per month. In order to attract such a migrant, employers submit an application for a work permit (Order of the Ministry of Internal Affairs оf 01.08.2020 № 541).

Highly qualified specialists can stay in Russia on the basis of a business visa — at the time of conclusion of an employment contract, a work visa or a residence permit (residence permit) with a work permit validity period.

A temporarily staying VKS and non-working members of his family are required to have a VMI policy for the entire duration of the employment contract. The employer can arrange insurance for them (clause 14 article 13.2 of Law № 115-ФЗ).

It is important for HR specialists not to confuse highly qualified specialists with qualified specialists (Order of the Ministry of Labor of Russia оf 05.04.2022 № 199н). The second category is representatives of certain positions and professions who have the right to obtain Russian citizenship in a simplified manner. The status of VKS in labor relations does not apply to them.

Temporarily staying visa-free foreigner

This status is granted to citizens of countries with which the Russian Federation has relevant agreements. Example: Azerbaijan, Tajikistan, the EAEU states.

An employer enters into an employment contract with visa-free foreigners without obtaining a permit to attract migrants (clause 4.5 article 13 Law № 115-FZ). The citizen himself needs to issue a patent (article 13.3 Law № 115-FZ).

Citizens of the EAEU member states have a special status in this group (п. 97 EAEU Treaty). They can be hired without a patent, only on the basis of a civil passport and a migration card. Also, there are no restrictions on official business trips for them

Temporary resident migrant

Foreigners who have been granted a temporary residence permit (RVP), have the status. As a general rule, this document is valid for three years ( article 6 of Law № 125-FZ).

Foreigners with RVPs are employed outside quotas, without patents and permits But there is one limitation — they can work only in the region where they are allowed temporary residence. And there are special features of sending on business trips (paragraph 2 of the annex to Order № 564n).

From January 1, 2023, a new type of document appears in Law No. 115-FZ — a temporary residence permit for the purpose of obtaining education or RVPO (Article 1 of Federal Law оf 14.07.2022 № 357-FZ). It is issued to foreigners or stateless persons who study full-time at universities with state accreditation or under the program of training scientific and scientific-pedagogical personnel in postgraduate studies (adjunct) in a state educational organization or a state scientific organization.

This means that employers will be able to accept foreign students without quotas, patents and permits, only on the basis of the RVPO.

Permanent resident migrant

Such a status is acquired by a foreigner upon receipt of a residence permit (residence permit). The document has no validity period, except for the exceptions in Article 8 Law № 115-FZ:

• A biometric residence permit or a residence permit of a stateless person is valid for 10 years;
• for VKS — for the duration of the work permit.

Foreigners with a residence permit are employed by a Russian company without a patent and permits. Also, there are no restrictions for them on official business trips and the traveling nature of work.

A migrant is hired taking into account the following features:

• he must be 18 years old (Part 4 4 of article 13 № 115-FZ);
• ° in the employment contract, you need to specify the details of a work permit, patent, RVP, RVP, residence permit;
• when applying to the COP, it is necessary to settle the issue of providing the subject with medical care for the entire period

The step-by-step algorithm for hiring a foreigner in 2023 looks like this.

Step 1. Check the legal status of a foreigner, including on the portal of the Consular Department of the Ministry of Foreign Affairs of the Russian Federation::

• temporary resident visa foreigner;
• VCS;
• A temporary visa-free foreigner, including a citizen of the EAEU;
• temporary resident migrant, including those receiving education;
• Permanent resident foreigner.

Step 2. Check the validity of documents confirming the regime of stay in Russia:

• National passport and migration card (except for citizens of Belarus);
• RVP or RVPO for temporarily residing foreigners;
• Residence permit for permanent migrants.

Step 2.1. Get a quota and a permit to attract migrants for the employment of temporarily staying visa foreigners (Order of the Ministry of Internal Affairs of 01.08.2020 No. 541):

• fill out an application in the AIC “Migration quotas”;;
• submit an application from the AIC to the local Labor Resources Center, attaching to it a letter of guarantee on providing a foreigner with housing and justification for the need to attract migrants in certain professions and positions;
• Send it to the Migration Department (OVM) The Ministry of Internal Affairs of Russia application for a permit to attract migrants (Appendix 1 to the Order of the Ministry of Internal Affairs of Russia dated 06/19/2017 No. 392).

5. To obtain a work permit for a visa foreigner, the employer submits to the Ministry of Internal Affairs a copy of the passport and medical documents of the foreigner (paragraph 39 of the Administrative Regulations by Order of the Ministry of Internal Affairs № 541).

Step 2.2. Get a work permit for a highly qualified specialist (article 13.2 of 13.2 Law № 115-FZ):

• conclude an employment contract with the VKS, where to specify the effective date after obtaining a work permit;
• send an application to the Ministry of Internal Affairs of the Ministry of Internal Affairs for the involvement of a highly qualified specialist (Decree of the Government of the Russian Federation оf 30.06.2010 № 487), attaching to it a letter of guarantee for reimbursement of expenses for expelling a foreigner in case of early dismissal (Order of the Ministry of Internal Affairs № 541).

Step 3. Conclude an employment contract with a foreigner. The document must specify the details of the work permit, patent, RVP, RVPO, residence permitarticle 327.2 of 327.2 of the Labor Code of the Russian Federation).

10. Check the availability of documents for the migrant’s employment on the checklist:

1. National passport.
2. Documents on educational qualifications.
3. Employment record — can be issued by the employer.
4. SNILS — can be issued by the employer.
5. 14. INN — can be issued by the employer.
6. 15. Visa — for VKS, visa migrants.
7. 16. Migration card — for everyone except citizens of Belarus, as well as permanent or temporary foreigners.
8. 17. RVP or RVPO — for temporarily residing foreigners.
9. 18. Residence permit — for permanent residents of foreigners.
10. Work permit — for permanent residents of foreigners.
11. Patent and patent payment receipt — for visa-free foreigners, except for citizens of the EAEU.
12. VMI policy — for VKS.

22. As a general rule, an employment contract is concluded with foreigners for an indefinite period, except in cases under Article 59 of the Labor Code of the Russian Federation (Article 327.1 of the Labor Code of the Russian Federation). If a migrant’s work permit, RVP or other permissive document expires, the employer is obliged to suspend him from work (Article 327.5 of the Labor Code of the Russian Federation). A month later, if a foreigner does not receive new documents, he is dismissed (Article 327.6 of the Labor Code of the Russian Federation).

Step 4. Notify the Ministry of Internal Affairs of Russia about hiring a foreigner within three days after the conclusion of an employment contract (Part 8 8 of Article 13 of 13 Law № 115-FZ, appendix 7 to the Order of the Ministry of Internal Affairs of Russia dated 30.07.2020 № 536).

Step 5. Put an employee on migration registration if the company has provided him with a place to stay, for example, a cabin at his address (Article 20 of Federal Law оf 18.07.2006 № 109-FZ).

26. The rules that most foreign workers are not required to have a VMI policy for the duration of the employment contract should be reflected in the company’s local regulations. Employers need to make an audit of internal documents and make appropriate edits to sections with guarantees for migrants and their responsibilities, for example:

• Internal labor regulations.
• Regulations on the insurance coverage of employees.
• Employment contracts with foreigners.

30. Recall that changes to local acts are made in the same order that the documents themselves were adopted, more about this can be read in the article ” Local normative act: how to develop and approve». Additional agreements are signed to employment contracts.