ENGLISH

Archives

Handbook for foreign citizens from visa entry countries

InfoiconHandbook for foreign citizens from visa entry countries prepared and issued by Federal Migration Service of the Russian Federation.

Changes in the legislation in the field of migration

Russian citizenship

The legal right of obtaining the Russian citizenship in the simplified way is allowed for the following categories of foreign citizens:

  • For the foreign citizens who speak Russian and daily use this language in domestic, social and cultural spheres

 Condition:

– the inhabitancy or the presence of relatives of the first range of blood who are permanent residents or previously were residing on the territory of the Russian Federation or the territory of the former Russian Empire or the USSR (Union Of Soviet Socialist Republics), within the current state border of the Russian Federation;

 Is required:

-obtaining the opinion of the special commission leading by the FMS of the Russian Federation;

-obtaining a residence permit (on condition of the abandoning of their current foreign citizenship);

Therewith the possibility of issuing a special visa for entry into the Russian Federation is covered.

  •  For the foreign citizens graduated from the Russian educational institutions or institutions of professional education

 Condition:

– occupational education on main educational programmes which have state accreditation in Russian education and academic institutions;

– work activity in the territory of the Russian Federation for at least 3 years prior to the date of the application for the conferment of nationality.

 Is required:

– residence permit and other documents, evidencing observance of terms about obtaining the Russian citizenship.

  •  For the foreign citizens – self-employed entrepreneur

Condition:

– business activity as permitted by the Russian Federation Government economic activities for at least 3 years preceding the year of the application for admission to citizenship;

– receive an annual revenue during the period of business activity for at least 10 million rubles.

Is required:

– residence permit and other documents, evidencing observance of terms about obtaining the Russian citizenship.

  •  For the foreign citizens – investors

 Condition:

– the share of contribution to the nominal capital (reserve capital) of a Russian legal entity carrying out activities on the territory of the Russian Federation established by the Government of the Russian Federation economic activities must be at least 10%;

– the nominal capital (reserve capital), as well as the value of the net assets of such entity shall be not less than 100 million. rubles, or the amount paid by such entity taxes and mandatory insurance payments to the budgets of the Russian Federation – at least 6 million. rubles per year for at less than 3 years from the date of investment.

 Is required:

– residence permit and other documents, evidencing observance of terms about obtaining the Russian citizenship.

  •  For the foreign citizens – qualified specialist

 Condition:

– work activity for at least 3 years by occupation, included in the list, approved by the Russian Ministry of Labor.

 Is required:

– residence permit and other documents, evidencing observance of terms about obtaining the Russian citizenship.

 

Obligation providing a document confirming the knowledge of the Russian language, history and the basics of the legislation of the Russian Federation in case of procedure of applying for temporary residence permit, residence permit, work permit or patemt

Foreign citizens who apply for temporary residence permit, permanent residence permit, work permit or patent are obliged to submit a document evidencing language proficiency, awareness of Russian history and primary legislation.

Given principal does not cover foreign citizens – highly qualified specialist and some categories of foreign journalists.

For the foreign citizens who are entering in Russia by visa, provided an opportunity to provide a certificate of proficiency in the Russian language, history and the basics of Russian legislation within period of 30 calendar days since the day of reception of a work permit.

The foreign citizens who were granted by the residence license or work permit before the 1st of the January 2015 may provide a document confirming the knowledge of the Russian language, knowledge of history and the basics of the legislation of the Russian Federation in the case of applying previously granted residence permits or a work permit.

A new order is established for labour activities of foreign citizens arriving to the Russian Federation in a manner not requiring visa

During 30 days from the day of the entry to the Russian Federation foreign citizen should provide a set of documents to obtain work patent as followed:

– Voluntary Health and Travel Insurance Policy in force on territory of the Russian Federation or a contract between the employer and healthcare organization about delivery of medical services to the employee – foreign citizen;

– Medical certification in the established standard form;

– Document evidencing language proficiency, awareness of Russian history and primary legislation;

– The migration card with stamp upon entry to Russia with purpose of visit “work”;

– Application form about issuing work patent in the established standard form;

– Document which certifies the identity of a foreign citizen;

– Document evidencing migration registration;

Validity period of the work patent figure up from one month to one year with possibility of extension of the work patent up to one more year without an exit from the Russian Federation.

Work patent is issued out of quota and allows to be employed by private person by legal body.

Employers are not required to obtain permit to engage and use foreign workers.

Moreover the Russian federation labour code is amended. One of compulsory conditions for conclusion of employment agreement is to provide Voluntary Health and Travel Insurance Policy in force on territory of the Russian Federation or a contract between the employer and healthcare organization about delivery of medical services to the employee – foreign citizen.

The period of the re-entry ban for violation of the Russian migration legislation is raised

In case of stayless illegal residing on the territory of the Russian Federation for more than 6 month the re-entry ban will be imposed for 5 years, in case of illegal residing for more than 1 year from the day of the entry in Russia – for 10 years.

Information system of the FMS of Russia is forming the list of violators automatically.

Similar actions will be taken in address of foreign citizens who do not prolong their documents which confirm their legal status in Russia and who remain in Russia illegally.

Pocket Guide for a foreign national (in so far as engaging highly qualified specialists (HQS) in labor activity)

Engaging a foreign national – a highly qualified specialist (hereinafter – HQS) in labor activity is governed by the Article 13.2 of the Federal Law of July 25, 2002 No. 115-FL “On the Legal Status of Foreign Citizens in the Russian Federation”1.

A foreign citizen having working experience, skills, achievements in a particular field of activity (for example, a specialist in crude oil and natural gas production, a chef, a sales manager, a business and enterprise management consultant) is acknowledged as a HQS.

One of the majour terms for obtaining the HQS status is the wages (fee) obtaining:

in the amount of at not less than one million Roubles2 for one year (365 calendar days)

– For research scientists, teachers, in case they are invited by higher institutions3, state academies of science or their regional offices, national research centers or state scientific centers, to be engaged in research or teaching activity;

– For HQS engaged in the labor activity by residents of industrial and process zones4, tourist and recreation areas5, port6 special economic zones (except for individual entrepreneurs);

in the amount of not less than seven hundred thousand Roubles for one year (365 calendar days)

– For HQS engaged in the labor activity by residents of technology development special economic zone 7 (except for individual entrepreneurs);

without prejudice to the amount of wages

– For foreign citizens engaged in the “Skolkovo” project implementation 8;

in the amount of not less than two million Roubles for one year (365 calendar days)

– For foreign nationals not falling to any of the above mentioned categories.

HQS have a number of advantages:

– To be engaged in labor activity beyond the quotas of issue of invitations to enter the Russian Federation and beyond the quotas of granting work permits;

– To have a residence permit executed for the term of their labour or civil law contract;

– To have a work permit, visa and residence permit issued for the term of their labour or civil law contract for the period up to three years with the possibility of extension;

– To have a work permit granted with the right to be engaged in labour activity in the territory of two or more constituent entities of the Russian Federation.

At any one time the benefits are granted to family members of HQS.9

Throughout the term of the work permit issued to a HQS, the members of his/her family can:

– Obtain a residence permit for a term of three years;

– Be engaged in labor activity without a permit to engage and use foreign employees;

– Undergo study at educational establishments and be engaged in other activity not prohibited by the legislation of the Russian Federation;

– be engaged in labor activity beyond the quotas of issue of invitations to enter the Russian Federation and the quotas of granting work permits.

HQS cannot be engaged in:

– Predicatory field service;

– Religious activities, including the administering the divine service, rites and ceremonies;

– Teaching of religion and religious background of followers of any religion;

– Provision of retail service to customers in the process of retail trade of consumer goods (including pharmaceutical products).

A foreign citizen has the right to declare himself/herself as a HQS by applying to the relevant representative office of the federal executive authority in the field of migration or to the diplomatic representation or consular office of the Russian Federation with a request (http://services.fms.gov.ru/highly-skilled-specialist.htm). After the information about the HQS is posted on the web-site of the FMS of Russia, an ordinary business visa to the entry of the Russian Federation for the purpose of negotiations (for a period not exceeding 30 days) may be issued.

HQS and his/her family members arrived in the Russian Federation must have a medical insurance contract (policy) valid in the territory of the Russian Federation or must have the right by virtue of the relevant contract signed between the employer or the contractor of works (services) and a healthcare organization to receive first medico-sanitary aid and the specialized medical care.

In the event of early termination of the employment contract or a civil law contract for execution of work (service), a HQS must within thirty working days (from the date of the contract’s termination) carry out the search of another employer or a contractor of work (service) and obtain a new work permit.

Advantages for employers attracting HQS to the Russian Federation:

– No permit for engaging and using HQS is required;

– an engaged specialist goes beyond quotas of issue of invitations to enter the Russian Federation or quotas of issue of work permits.

The employer shall independently assess the competence and the level of skills of a foreign specialist engaged and shall bear the associated risks.

The employer must:

– Within 30 days of receipt of work permits by HQS, submit information about the registration of such a specialist with a tax authority (a certificate of registration of a foreign citizen) to the FMS of Russia.

– On a quarterly basis, no later than the last working day of the month following the reported quarter, notify of the performance of payroll liabilities (remuneration) to highly qualified specialists (Order of the FMS of Russia of June 28, 2010 No. 147).

– Notify in terms of termination of employment or civil law operational contracts or civil law service contracts with the present highly qualified specialists and providing them leaves without payment for more than one calendar month during a year (Order of the FMS of Russia of June 28, 2010 No. 147).

To get a work permit (or any extension thereof) issued or an invitation executed to a HQS to enter 10 the Russian Federation, the employer must submit to the FMS of Russia as follows:

1. petition regarding the engagement of a highly qualified specialist (http://services.fms.gov.ru/highly-skilled-specialist.htm);

2. confirmation of payment (payment commission) of the state duty paid in the amount of 2,000 Roubles (per a work permit);

3. confirmation of payment (payment commission) of the state duty in the amount of 500 Roubles (per an invitation);

4. labour or civil contract for execution of work (service) with the engaged highly qualified specialist;

5. written commitment to pay (reimburse) the expenses of the Russian Federation related to possible administrative banish from the Russian Federation (in any format with the employer’s corporate seal affixed thereto)

6. the entity’s documents confirming the state registration of a legal entity and its registration with tax authorities;

7. a copy of the passport of a foreign citizen;

8. coloured photo 30x40mm.

The above listed documents may be submitted to the UROGO (Department for Handling Citizens Appeals and Appeals of Organizations) of the FMS of Russia 11 and the territorial divisions of the FMS of Russia.


1 Reference is made to the relevant Federal Law, clause of the FL, document, order, etc.

2 Approximate amount in Euro, USD (for example USD 30,500; EUR 22,800)

3 Nationally accredited

4 A type of the special economic area engaged in industrial and production or logistics activity in this special economic area.

5 A type of the special economic area created for development and provision of services in the field of tourism (development of health-related resorts, development of activity for arrangement of medical and preventive facilities).

6 A type of the special economic area focused on the use of aircraft building potential, upgrade of aircrafts, aeronautical equipment, as well as provision of airport and transportation & logistics services).

7 A type of the special economic area intended for the production and sale of R&D deliverables, bringing thereof to industrial application, including manufacturing, testing and sale of pilot batches.

8 As provided for by the Federal Law “On the Skolkovo Innovation Center”.

9 I.e. a spouse, children (including adopted), children’s spouses, parents (including adopted), parents’ spouses, grandparents and grandchildren.

10 Term of execution of a work permit and an invitation to enter for a HSS may not exceed 14 working days.

11 Link to the UROGO of the FMS of Russia

Яндекс.Метрика