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Conditions for admission of foreign citizens c. Work in Russia for foreigners, restrictions and legal requirements. How is registration of a foreign employee carried out?

There are many requirements to consider. Documents must be checked especially carefully when hiring foreign citizens. After all, failure to comply with the law in this case will lead to significant fines for the employer. Let's look at how to properly register foreign specialists for work in order to avoid problems with regulatory authorities.

What documents must be requested from foreign citizens when applying for a job?

Naturally, foreign citizens do not have a Russian passport. Therefore, the following may be presented instead:

  1. Residence permit - for permanent residents of the Russian Federation or highly qualified specialists (HQS).
  2. Visa - for those temporarily staying in the Russian Federation from countries with a visa regime.
  3. Migration card - for those temporarily staying in the Russian Federation from “visa-free” states (except for the EAEU countries).
  4. Passport of a foreign country.
  5. Temporary residence permit - for those temporarily residing in the Russian Federation.
  6. Refugee ID - for refugees.
  1. A work permit is issued to migrants temporarily staying in the Russian Federation on the basis of a visa.
  2. A work permit with the appropriate mark is provided for HQS.
  3. A patent must be obtained by migrants temporarily staying in the Russian Federation in a visa-free regime (except for EAEU countries).

When checking such documents, the personnel specialist must remember that he can hire a foreigner only for the position specified in the permit or patent, and only in the relevant region. An exception here is made only for videoconferencing services, which can operate throughout the Russian Federation.

Foreign citizens are not liable for military service, therefore no documents are required for military registration there is no need to demand from them.

A work record book and SNILS are required when applying for a job for all categories of employees. If a foreigner has not previously worked in the Russian Federation, then a human resources specialist must issue these documents to him.

But the TIN certificate is not mandatory, because is not included in the list given in Art. 65 Tax Code of the Russian Federation. It is, of course, necessary to issue a TIN for a new employee, otherwise there may be problems in the future when submitting personalized reports. But this can be done after employment.

If the organization does not intend to enter into an agreement with medical institution, then the foreigner is required to provide a voluntary health insurance policy.

Documents prepared by the employer

Permission to attract foreign workers is required only when citizens from countries with a visa regime temporarily staying in the Russian Federation are hired. In all other cases, no special documents are required for the employer.

To obtain such a permit, you must pay a state fee of 10,000 rubles for each employee. You must submit to the Migration Department (DMV) of the Ministry of Internal Affairs:

  • completed application form;
  • copies of constituent documents (for organizations) or passports (for individual entrepreneurs);
  • a copy of the draft employment contract.

The permit is issued for 1 year, the registration period is 30 days.

The described scheme is applied when a foreigner who wants to work has already entered the Russian Federation and has all the necessary documents in hand.

If an employer wants to hire a specialist who is still in his country, then he himself prepares the entire package of documents for the employee to obtain a visa and work permit:

  • petition;
  • a copy of the passport or other document of the invited foreigner;
  • letters of guarantee to provide housing, insurance and monetary compensation to a foreigner during his stay in the Russian Federation;
  • package of documents for obtaining a work permit: application, photo, copies of identity cards, education documents, etc.

Procedure for hiring foreign citizens

After the candidate has submitted all the documents, they must be carefully checked. Permits, patents, and visas are issued for a limited period and may be close to completion or completely expired.

Then the personnel department prepares a standard package of documents - an employment contract, job description, employment order, etc. If necessary (if the foreigner does not have a policy), a VHI agreement is concluded.

Since Russian is the official language in the Russian Federation, translation of documents is not required, even if the employee does not speak it.

Notice of hiring foreign citizens

When hiring foreign citizens, each employer is obliged to notify the Department of Internal Affairs of the Ministry of Internal Affairs at the place of its registration about this fact. The law allows 3 working days for this.

The notification form was approved by order of the Ministry of Internal Affairs dated June 4, 2019 No. 363. It can be submitted either “on paper” (in person or by mail) or in in electronic format. However, it should be noted that the ability to report online is currently not available in all departments of the Ministry of Internal Affairs. After delivery, you must keep the receipt or a second copy with an acceptance mark, since in a disputed case they will serve as proof that the employer fulfilled his obligation.

When dismissing a foreign employee, you must also notify the Department of Internal Affairs of the Ministry of Internal Affairs in three-day period.

Sanctions for violations of the procedure for registering foreign citizens for work

If an employer hires a foreigner without necessary permission or violated the deadlines provided for notification of this, then the sanctions provided for in Art. 18.15 – 18.17 Code of Administrative Offenses of the Russian Federation. The fines in this case are very significant - they can reach 800 thousand rubles, and in Moscow, St. Petersburg and the corresponding regions - 1 million rubles.

Moreover, sanctions are applied not for violations “in general,” but for each employee individually. Therefore, if, for example, a construction company hired a team of foreign workers without bothering with the correct paperwork, then it will have to pay several million rubles to the budget.

Important!

If the employer is an individual entrepreneur, then he will be punished in the same way as a legal entity. There are no “indulgences” for entrepreneurs according to the law. in this case does not provide (note to Article 18.1 of the Code of Administrative Offenses of the Russian Federation).

In addition, such violations are subject to administrative suspension of activities for up to 90 days.

Conclusion

Employing foreign nationals as a workforce imposes additional responsibilities on employers. Failure to comply may result in significant fines and even suspension of activities.

Therefore, it is necessary to remember that when hiring foreign citizens, you need to carefully check all the documents, if necessary, fill out the missing “papers”, and then notify the Department of Internal Affairs of the Ministry of Internal Affairs within 3 days.

Then labor Relations with a foreign citizen will be formalized within the framework of current legislation, and the regulatory authorities will not have any questions for the organization.

Do you want to hire a migrant, but don’t know how to do it?

Everything is very simple!

Use our step-by-step instructions for registering a foreigner for work:

Option No. 1 - how to register migrants as employees of your company

Option No. 2how to register migrants for the state


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What is safer for the employer - registration in the state or outside the state?

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Option No. 1: Step-by-step instructions for registering a foreigner for work

1. We register with the Main Migration Department of the Ministry of Internal Affairs as an employer of migrants

In order to hire a foreign citizen, a legal entity or individual entrepreneur must be accredited by the Main Directorate for Migration Affairs of the Ministry of Internal Affairs as an employer of migrants.

To do this, you need to collect a package of documents and submit them to territorial office Main Department of Migration Affairs of the Ministry of Internal Affairs.

2. Determine the status of a foreign citizen

The procedure and rules for registering a foreigner for work depend on the status of the foreign citizen in the Russian Federation. There are three statuses:

  • Temporarily staying in the Russian Federation - a citizen of another country who came to our country with a visa or without a visa and is in the country on the basis of a patent or work permit.
  • A temporary resident of the Russian Federation is a citizen of another country who has been granted a TRP (temporary residence permit) for a period of 3 years.
  • A permanent resident of the Russian Federation is a citizen of another country who has been granted a residence permit for a period of 5 years or on the basis of an EAEU agreement.

3. Determine citizenship and regime of stay in the Russian Federation

Visa-free stay in the Russian Federation for citizens of the following countries: Belarus, South Ossetia, Abkhazia, Armenia, Azerbaijan, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Ukraine, Uzbekistan. The visa regime for staying in the Russian Federation is for citizens of all other countries.

4. We check and prepare missing migration documents

Make sure that the foreign citizen has the following documents:

  • For processing migrants from countries with a visa regime
  1. Photocopy of international passport
  2. Migration card
  3. Work permit
  4. Registration
  5. SNILS
  6. VHI policy
  • For processing migrants from countries with a visa-free regime
  1. Photocopy of international passport
  2. Registration
  3. Patent for work
  4. Migration card
  5. SNILS
  6. VHI policy
  7. Patent payment receipt
  • For registration of citizens of Kyrgyzstan, Armenia and Kazakhstan
  1. Photocopy of international passport
  2. Migration card
  3. Registration
  4. SNILS
  5. VHI policy

Important! Carefully check the validity period of each document! The document must be valid for the entire period the employee works in your organization.

Attention! If a foreigner is hired who does not have a full package of permits or with expired documents, the employer faces a fine of up to 1,000,000 rubles or administrative suspension of activities for a period of 14 to 90 days.

5. We register the employee on staff

5.1. We provide the employee with documents to sign

Important: The employee must sign each document before signing the employment contract.

5.2. We conclude an employment contract with a foreign citizen who has arrived in the territory of the Russian Federation in a manner that does not require a visa.

When concluding an employment contract with a foreigner, consider some features:

  • An agreement can only be concluded with a migrant who is over 18 years old.
  • The employment contract must be drawn up in Russian. If desired, you can issue an additional contract for foreign language, understandable to the migrant, but the employer is not obliged to do this.
  • Information about the employee in the employment contract must be entered from his passport or other identification document. But it is better to fill out data from a work permit or patent, where the information is in Russian.

Attention! The name of the foreigner in the employment contract and the work permit or patent must match!

IN otherwise employees of the Main Department of Migration Affairs of the Ministry of Internal Affairs (FMS) will regard the discrepancy as attracting a migrant to work without a permit and will fine you up to 1 million rubles or suspend the company’s activities for up to 90 days.

  • The contract must include information about the patent/work permit: series, number, date of issue, validity period, by whom it was issued.
  • The contract must also contain details of a voluntary health insurance policy or an agreement on medical services.
  • The contract must be concluded for an indefinite period. You can draw up a fixed-term contract only in the cases listed in Art. 59 of the Labor Code of the Russian Federation, for example during seasonal work. The fact that a patent/work permit is valid for a limited time does not give the employer the right to conclude a fixed-term contract with a foreigner. This is stated in Art. 327.1 Labor Code of the Russian Federation.

Attention! Don't miss the moment when permits expire. The migrant must be fired immediately. Otherwise, you will receive a fine for each illegal immigrant of up to 1 million rubles.

5.3. We issue an order to hire an employee and familiarize the employee with it against signature.

5.4. We make an entry about employment in the foreigner’s work book

The rules for registering and maintaining work records in Russia apply to both citizens of the Russian Federation and foreigners (Article 11 of the Labor Code of the Russian Federation).

Now on the territory of Russia there are two forms of labor books that have equal validity: the 1974 model (issued in countries former USSR), and 2004. Any other books are not valid.

Accordingly, if a migrant does not have work book standard form, it must be issued by the employer.

In this case, under no circumstances should labor records be entered into the work record from other books available to the migrant.

5.5. We create a personal card for the employee (form T2)

In it, the employee puts his signature to confirm that he is familiar with the entry in the work book.

5.6. We obtain the employee’s signature confirming familiarization with the documents on the processing of personal data.

6. We notify the Main Department of Migration Affairs of the Ministry of Internal Affairs (FMS) about the conclusion of an employment contract with a foreigner

You can find the same form for notification of the dismissal of a foreigner on the official website of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (FMS).

Do I need to notify the tax office about hiring foreigners?

Starting from January 1, 2015, an organization employing a foreigner is not required to notify the tax inspectorate and employment service about the fact of concluding an employment contract.

Now it is enough to provide a notice of employment only to the bodies of the Main Migration Service of the Ministry of Internal Affairs (FMS). Notification to the Main Department of Migration Affairs of the Ministry of Internal Affairs (FMS), as before, must also be provided within three days from the date of concluding an employment contract with a foreigner.

How is the employment of Azerbaijani citizens in Russia carried out in 2017?

To employ Azerbaijani citizens on the territory of the Russian Federation, the employer may not receive special permits. You just need to make sure that the future foreign employee has the following documents when registering:

  • Copy of passport with translation;
  • Patent;
  • Migration card;
  • SNILS;

After hiring an Azerbaijani citizen, within three days after concluding an employment contract, the employer is obliged to notify the Main Department of Migration Affairs of the Ministry of Internal Affairs (FMS) about this.

The same applies to the dismissal of such an employee; within three days it will be necessary to send a notification to the Main Department of Migration of the Ministry of Internal Affairs (FMS) about the termination of the contract and the dismissal of a foreign employee from Azerbaijan from work.

You can download the rules and list of documents for admission and employment of Azerbaijani citizens.

How are Kyrgyz citizens employed in Russia in 2017?

On August 12, 2015, the agreement on Kyrgyzstan’s accession to the Eurasian Economic Union came into force. This means that employment of Kyrgyz citizens in Russia will not require special permits.

An employer, when hiring a citizen of Kyrgyzstan in 2017, must notify the Main Migration Department of the Ministry of Internal Affairs (FMS)S within three days that an employment contract has been concluded with a foreigner, and make sure that the future employee has the following original documents:

  • Passport
  • Registration
  • Migration card
  • SNILS

When dismissing or terminating a contract with a citizen of Kyrgyzstan, the employer will also have to send a notice of this to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (FMS) within three days.

You can download the rules and list of documents for admission and employment of citizens of Kyrgyzstan.

How is the employment of Armenian citizens in Russia carried out in 2017?

Since Armenia is a member of the Eurasian Economic Union, employment of Armenian citizens on the territory of the Russian Federation is simplified.

Citizens of Armenia will not need to obtain permits to work, nor will the organizations employing them. When hiring an Armenian citizen, an employer must notify the Main Migration Department of the Ministry of Internal Affairs (FMS) within three days about the fact of concluding an employment contract and make sure that the following documents are available:

  • Passport
  • Registration
  • Migration card
  • SNILS

Also, when dismissing an Armenian citizen, it is necessary to notify the Main Migration Directorate of the Ministry of Internal Affairs (FMS) about this.

You can download the rules and list of documents for admission and employment of citizens of Armenia.

How are citizens of Uzbekistan employed in Russia in 2017?

In order to employ a citizen of Uzbekistan, unless we are talking about the fact that he has a residence permit or temporary residence permit, the employer will need the following.

Since such an employee will be a temporarily staying foreign citizen in a manner that does not require a visa, the employer will need to make sure that the following list of documents of the future employee is available:

  • Copy of passport and its translation;
  • Patent;
  • Migration card;
  • Documents confirming the payment of personal income tax in the form of a fixed advance payment for the period of validity of the patent;
  • Tear-off part of the notification form for the arrival of a foreign citizen;
  • Voluntary health insurance pole;
  • Document on education and (or) qualifications or special knowledge;
  • Employment history Russian model. If it does not exist, the employer is obliged to issue it;
  • SNILS;

Based on these documents, an employer can employ a citizen of Uzbekistan: conclude an employment contract and within three days notify the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (FMS) about the fact of hiring a foreigner.

It will also be necessary to draw up the same notice when dismissing a citizen of Uzbekistan.

You can download the rules and list of documents for admission and employment of citizens of Uzbekistan.

How are the citizens of Kazakhstan employed in Russia in 2017?

Kazakhstan is one of the four countries of the Treaty on the Eurasian Economic Union, therefore the employment of citizens of Kazakhstan on the territory of the Russian Federation occurs in a simplified regime.

For Kazakhstanis, as well as for organizations that employ foreign workers from Kazakhstan, permits will not be required.

However, when hiring or dismissing an employee, the employer must notify the Main Department of Migration Affairs of the Ministry of Internal Affairs (FMS) within three days about the fact of concluding or terminating an employment contract with a foreign worker.

To employ a citizen of Kazakhstan, the employer needs to make sure that the future employee has a package of the following documents:

  • Passport
  • Registration
  • Migration card
  • SNILS

You can download the rules and list of documents for admission and employment of citizens of Kazakhstan.

How is the employment of Belarusian citizens in Russia carried out in 2017?

Since citizens of Belarus have the same social and labor rights as citizens of the Russian Federation, hiring Belarusians is carried out in exactly the same way as citizens of the Russian Federation, with the exception that the employer needs to notify the Main Directorate for Migration of the Ministry of Internal Affairs (FMS) about the employment of a Belarusian in his company, the same The same applies to dismissal.

Belarusians do not need a migration card, so they are not given one at the border. Citizens of Belarus can stay on the territory of the Russian Federation for as long as they wish.

When employing citizens of Belarus in Russia in 2017, employees do not need to have permits. At the same time, they can carry out labor activities in any region of the Russian Federation.

In turn, when hiring a foreign citizen from Belarus, an employer does not need to obtain permission to hire foreign labor, but it is still necessary to notify the Main Directorate for Migration of the Ministry of Internal Affairs (FMS) about the conclusion or termination of an employment contract with a citizen of Belarus.

List of documents for hiring and employment of citizens of Belarus:

  • Passport of a citizen of Belarus.
  • Registration.
  • SNILS.

You can download the rules and list of documents for admission and employment of citizens of Belarus.

How are Ukrainian citizens employed in Russia in 2017?

The process of employment of Ukrainian citizens in Russia in 2017 is practically no different from the employment of visa-free foreign citizens.

Citizens of Ukraine in the Russian Federation are subject to the same rules for carrying out labor activities as other citizens from countries with a visa-free regime, with the exception of a few nuances.

  1. If, when applying for a job, a citizen of Ukraine in the Russian Federation is in refugee status, then he will not need any permits to work. To hire a citizen of Ukraine with refugee status, an employer will also not need permission to hire foreign labor.
  2. If a citizen of Ukraine is temporarily staying on the territory of Russia, that is, when crossing the border and receiving a migration card, he indicated the purpose of entry to work, he is obliged to apply for a work patent in the Russian Federation within 30 days from the date of entry into the country and obtain a work patent in within 90 days from the date of entry into the territory of the Russian Federation. Citizens of Ukraine from the Donetsk and Lugansk regions are not limited in the time limit for filing a patent application, however, they must also obtain a patent before the expiration of 90 days of stay in the Russian Federation.

Otherwise, when employing Ukrainian citizens, the rules are the same for temporarily staying citizens who arrived in a manner that does not require a visa.

When hiring citizens of Ukraine, the employer should check the availability of all documents: patent, passport, migration card, registration, SNILS, INN, and only after that can an employment contract be drawn up and a citizen of Ukraine registered for work, not forgetting to notify the Main Department of Migration of the Ministry of Internal Affairs about this in a timely manner ( Federal Migration Service).

You can download the rules and list of documents for admission and employment of citizens of Ukraine.

What rules for hiring foreign citizens in St. Petersburg were tightened in 2015?

Since 2015, the procedure for registering a foreign citizen for work for workers from neighboring countries: Abkhazia, Azerbaijan, Kyrgyzstan, Moldova, Tajikistan, Ukraine, Uzbekistan has changed, and new rules for carrying out labor activities on the territory of the Russian Federation have been established.

For citizens of these countries, a work permit has been replaced by a patent for working for a legal entity. Interestingly, a patent is issued without a specific registered employer, as was the case in the work permit, which was required when applying for foreign citizens to work in 2014. Under a patent, a foreigner has the right to work for any legal entity in the subject of the Russian Federation in which such a patent was issued, and according to the specialty that is specified in it.

Also, the patent establishes a monthly advance payment of personal income tax, which the patent owner is obliged to pay once a month. The cost of monthly payments differs depending on the region: in St. Petersburg and Leningrad region is 3,000 rubles.

When hiring a foreign worker, the employer was not exempt from paying income tax, and in 2015, an organization hiring a migrant employee with a patent must remember that the established personal income tax rate will be 13%, regardless of whether such an employee is a resident or not. Due to the fact that the migrant pays an advance payment of personal income tax once a month, the tax office reserves the right to receive the overpaid personal income tax back.

What does this mean: let’s say a migrant employee pays an advance payment of 3,000 rubles, and the employer paid wages employee in the amount of 25,000 rubles and withheld personal income tax from it at a rate of 13% in the amount of 3,250 rubles, the foreigner has the right to receive back the money withheld from wages, but not exceeding the amount of the advance payment.

Since the tax agent in this situation is the employer who employed the foreigner, the migrant writes an application for the right to return this money in his name, after which the organization, based on such an application, writes a letter requesting a deduction to the tax office. The Tax Service reviews the organization’s letter for the right to deduct, and during the review, the fact of payment by the migrant of the advance payment of personal income tax is checked, after which, within ten days, it sends a notification to the employer about the right to receive a deduction.

Also, since 2015, labor legislation has undergone changes, in particular, on labor relations with foreigners. IN Labor Code Ch. added 50.1 “Features of labor regulation for workers who are foreigners and stateless persons,” which adds new and changes some old rules for work and registration of foreign citizens for work.

Here are some highlights of hiring foreigners in 2015: Contracts are now concluded with foreigners for an indefinite period. A fixed-term contract can be concluded, but with the conditions of Art. 59 of the Labor Code of the Russian Federation, which does not specifically stipulate anything about foreigners.

A migrant can be fired within the framework of clauses 2 and 5 of part 1 of Article 327.6 of the Labor Code of the Russian Federation due to the expiration of permits.

There are also rules about the necessary details that the employer must indicate in the contract, such as: information about the citizenship of the hired employee, information about permits (patent, work permit), additional health insurance policy (VHI), its number and validity period.

Accordingly, before hiring a foreigner, the employer must check the availability of all these documents, and if the foreign employee does not have them, the employer does not have the right to hire him.

How to register a foreign worker: step-by-step instruction and answers to other personnel questions of a foreign mission

Why do companies resort to hiring foreign workers? There may be several reasons for this. Firstly, in order to introduce advanced foreign business practices. In this case, we are talking about attracting foreign citizens from non-CIS countries and workers who are highly qualified specialists. As a rule, attracting foreigners is typical for representative offices, branches and subsidiaries of foreign companies.

Another reason for hiring foreigners is the desire of companies to save on employees. Low salary expectations are typical for the so-called “labor migrants” or “guest workers” - citizens who temporarily arrive in the territory of the Russian Federation from neighboring countries to earn money (these are, as a rule, visa-free foreign citizens).

Registration of a foreign employee from non-CIS countries in a representative office of a foreign company

Companies interested in a high-quality, world-class specialist to implement advanced foreign experience most often resort to hiring experienced foreigners from non-CIS countries. The migration legislation of the Russian Federation provides for the registration of foreign citizens for work in two ways:

  1. Within the framework of quotas for attracting foreign workers to Russia.
  2. As highly qualified specialists.

Each method has its own characteristics and advantages, let’s consider them.

In accordance with Art. 55 of the Civil Code of the Russian Federation A representative office is not a legal entity; accordingly, the parent organization acts as the employer in employment contracts.

An employment contract with the head of a representative office is usually concluded by the head of the parent organization or a person authorized by him by proxy.

Employment contracts with employees of a representative office are signed, as a rule, by the head of the parent organization or the head of the representative office by proxy.

A representative office on behalf of the parent company can conclude employment contracts with foreign employees:

  1. Within the limits of the number of foreign workers agreed upon during accreditation.
  2. If there is permission to attract and use foreign workers.
  3. If foreign workers have work permits.

Important!

These requirements also apply in the case of sending foreign employees to work in the Russian Federation from the parent organization on a business trip due to the fact that:

  • The labor legislation of the Russian Federation is valid only on the territory of the Russian Federation, which means that foreign employees do not acquire business trip status upon arrival in the Russian Federation.
  • Involvement of a foreign citizen in labor activity in the Russian Federation means admission in any form to the performance of work or provision of services or other use of the labor of a foreign citizen.

Let's consider registering a foreigner for work in 2017, each step in registering a foreign worker in a representative office or branch of a foreign company.

Step 1. Apply for permission to hire foreign employees

Without this permit, it is impossible to employ foreign citizens temporarily staying in the Russian Federation on the basis of a visa.

To obtain a permit, you must pay a state fee of 10,000 rubles. for each employee and submit a package of documents:

  • application for a permit to attract and use foreign workers;
  • copies of constituent documents (for legal entities) or a copy of an identity document (for individual entrepreneurs);
  • a draft employment contract that complies with the legislation of the Russian Federation and international treaties to which Russia is a party (other documents confirming a preliminary agreement with foreign citizens or foreign partners on the intention and conditions for attracting foreign workers).

Permission to engage is issued at the department of the Ministry of Internal Affairs of Russia for 1 year. The registration period is 30 days.

Note!

Work permits are issued within the framework of quotas approved annually by the Government of the Russian Federation. For 2017, quotas were approved by Decree of the Government of the Russian Federation dated December 3, 2016 No. 1288.

Concluding employment contracts with foreign citizens without issuing a work permit within the limits of the number of foreign workers agreed upon during accreditation of the representative office is permissible only if there is an international agreement between the Russian Federation and a foreign state on the work of citizens of these states without a work permit on the basis of the principle of reciprocity.

To date, such agreements have been concluded only with the French Republic (Agreement dated November 27, 2009) and the Republic of Korea (Agreement dated November 10, 2010), as well as with the EAEU member states: Armenia, Belarus, Kazakhstan, Kyrgyzstan (EAEU Treaty dated May 29. 2014).

Step 2. Issue invitations and work permits

Once permission to attract foreign employees is in hand, you need to issue an invitation to enter Russia to obtain a visa and a work permit for each employee.

To do this, you must submit the following documents to the migration service:

  1. petition in Russian;
  2. identification document of the employer (inviting party);
  3. a copy of a passport or other identity document;
  4. letters of guarantee from the inviting party regarding the assumption of obligations for material, medical and housing support for the invited foreign citizen for the period of his stay in Russia;
  5. documents for obtaining a work permit (submitted for each foreign worker simultaneously with the application for an invitation to enter):
    • application for a work permit (in the prescribed form);
    • color photo of the employee 30 x 40;
    • copy of ID;
    • a copy of the foreigner’s document on his education;
    • certificates confirming the absence of HIV and other diseases;
    • receipt of paid state duty.

Important!

A work visa is issued to an employee for the duration of an employment contract or civil contract, but not more than one year.

Step 3. Notify the territorial department for migration about the arrival of a foreigner and his reception

After completing these formalities, you can begin concluding contracts with foreign citizens and applying for them to work.

Important!

Foreign citizens are subject to migration registration. The head of the representative office as an employer must notify the Department of the Ministry of Internal Affairs for Migration Issues of their arrival. This must be done no later than 7 working days from the date of arrival of the foreigner. The notification is filled out for each foreigner using a special form.

For failure to comply with this regulation, administrative liability is provided in the form of a fine on the employer - from 400,000 to 800,000 rubles. or administrative suspension of activities for a period of 14 to 90 days (Part 3 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation).

Step 4. Conclude an employment contract (or GPC agreement)

The employment contract must necessarily include the following provisions:

  1. Details of the document on the basis of which labor activity is carried out (work permit/patent/temporary residence permit/residence permit).
  2. Details of the VHI policy/agreement.

When applying for a job, foreign citizens must provide almost the same documents as Russian ones.

To draw up an employment contract, you should request the following documents from the employee:

  • passport or other identity document;
  • migration card, visa;
  • one of the mandatory permits on the basis of which labor activities are carried out:
    1. Work permit or patent;
    2. Temporary residence permit;
    3. Resident card.
  • work book (if it doesn’t exist, the company needs to create one);
  • insurance certificate of state pension insurance. If this is the first place of work for a foreigner, then you, as the employer, must issue an insurance certificate;
  • a voluntary health insurance agreement (policy) valid on the territory of the Russian Federation (for temporarily staying foreigners). This document is not needed if the employer has entered into an agreement with a medical organization to provide paid medical services to a foreign employee;
  • a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training.

Military registration documents are not required for foreign citizens. When concluding a civil contract (contract or for the provision of services), the same documents are requested, except for the work book.

Important!

The Ministry of Internal Affairs must be notified of the conclusion and termination of employment contracts and civil contracts with foreign citizens no later than 3 working days from the date of conclusion or termination of the contract.

Note!

In accordance with Art. 191 of the Civil Code of the Russian Federation, the notice period begins to be calculated from the day following the day of conclusion (termination) of the contract. A company can notify the Ministry of Internal Affairs not only in person at the migration department, but also send a notification by mail with a list of the contents and a receipt.

Attracting foreigners to work with the status of HQS

A highly qualified specialist is a foreign worker who meets the following requirements:

  1. Has work experience, skills or achievements in a specific field of activity (assessed by the employer);
  2. The remuneration under an employment or civil contract is at least 167 thousand rubles per month.

Note!

The employer is obliged to notify the Migration Department of the Ministry of Internal Affairs of Russia on a quarterly basis about the fulfillment of obligations to pay wages (remuneration) to a highly qualified specialist.

Advantages of hiring a foreigner with HQS status:

  1. The company does not require permission to attract and use foreign workers.
  2. The recruitment of highly qualified specialists is not subject to work permit quotas.
  3. The validity period of a work permit, as well as a HQS work visa, is limited to three years, while for ordinary foreign workers it is one year.
  4. A highly qualified specialist can carry out labor activities in several regions of the Russian Federation specified in the work permit, whereas in the case of an ordinary foreigner, a work permit must be issued in each subject of the Russian Federation separately.
  5. A highly qualified specialist, if the traveling nature of the work is specified in the employment contract, can be on a business trip in any region of the Russian Federation for an unlimited amount of time (an ordinary foreign worker - only 10 days a year, provided that he occupies one of the management positions, and if it is specified in his employment contract traveling nature of work, not exceeding 40 days a year in total).
  6. A highly qualified specialist is exempt from the obligation to register for migration at the place of stay for a period of up to 90 days from the date of entry into the Russian Federation and for a period of up to 30 days in case of movement across the territory of the Russian Federation (ordinary foreign workers - within 7 working days).
  7. The processing time for documents for issuing a work permit, as well as an invitation to obtain a work visa for a highly qualified specialist, is about 15 working days (for ordinary foreign workers about 3.5 months).

Hiring foreigners from neighboring countries

Foreigners from neighboring countries (Ukraine, Moldova, Azerbaijan, Uzbekistan, Tajikistan) enjoy a simplified regime for employment:

  1. The company does not need to obtain permission to use foreign labor;
  2. The company does not need to go through the procedure of obtaining a work permit for a foreigner, since the foreigner is required to do this in person. Instead of a work permit, foreigners receive a patent, and they are required to apply for it within 30 days from the date of entry into the Russian Federation.

Important!

Despite the fact that the patent is issued for a period of one year, its validity period is determined by the number of months for which the foreigner has made advance payments for personal income tax. In this regard, we recommend:

  1. Enshrine in the employment contract the obligation of a patented foreigner to promptly provide the employer with copies of receipts for advance payment of personal income tax (of course, you cannot be fired for violating this obligation, but you can be subject to disciplinary action).
  2. Include in the employment contract the obligation of a patented foreigner to promptly provide the employer with confirmation of the renewal of registration, because within three working days from the date of the next payment for the patent, the receiving party is obliged to extend the period of stay of the foreigner at the relevant migration department for the period of validity of the patent.
  1. Make sure that the place of work of the patented foreigner corresponds to the place where the patent was issued, otherwise recruitment to work will be illegal (for example, Moscow and the Moscow region are different subjects of the Russian Federation).
  2. Ensure that a foreigner who first received or reissued a patent sends a copy of the employment contract to the migration department that issued the patent within two months. If the foreign worker does not do this, the patent will be revoked, and you risk being subject to sanctions for illegally recruiting a foreign worker to work.

Hiring citizens from the EAEU

Citizens from the countries of the Eurasian Economic Union (Belarus, Armenia, Kazakhstan, Kyrgyzstan) do not need permits at all, and the period for registration at the place of residence has been extended from 7 workers to 30 calendar days, for citizens of the Republic of Belarus – 90 calendar days. The length of stay of such citizens in the Russian Federation is determined by the duration of the employment contract, which means the employer (if it is the receiving party) is obliged to renew the registration of such citizens only once a year.

Important!

Although the Treaty on the EAEU provides that citizens of the participating countries are not subject to restrictions related to the protection of the internal labor market, the company is still obliged to notify about the conclusion/termination of an employment or civil law contract, since this obligation is not permissive or restrictive, but notification in nature and does not in any way limit the right of such citizens to work in the Russian Federation.

TOP-8 personnel issues for representative offices and branches of foreign companies

Question 1: Are all local regulations(orders, instructions, regulations) at the representative office to be drawn up in 2 languages: Russian and the language of the country of representation?
Answer: Not required. Personnel documents can only be issued in Russian.

Question 2: Contracts with employees of the representative office were concluded in the country of origin of the foreign organization. Is it necessary to conclude employment contracts with them in the Russian Federation or is it enough to certify the translation of foreign contracts into Russian?
Answer: Employment contracts with employees of the representative office must be drawn up in accordance with the labor legislation of the Russian Federation. In the case of translation of foreign contracts into Russian, all requirements of Russian labor legislation may not be fully complied with. We recommend concluding new agreements on the territory of the Russian Federation. Our specialists will help you draw up employment contracts with foreign employees, taking into account the specifics of Russian legislation.

Question 3: Do foreign employees of a representative office need to obtain Russian work records?
Answer: Yes, it is necessary. Work records must be kept for all employees (except part-time workers) who have worked for at least 5 days. The representative office is obliged to purchase the required number of work book forms and maintain their records, storage and execution in accordance with the law.

Question 4: Can work books be stamped by a representative office?
Answer: Yes, work books must bear the seal of the representative office. It is placed on the first sheet (during the initial registration of the work book) and upon dismissal.

Question 5: Is it required to obtain a pension insurance certificate (SNILS) and a taxpayer identification number (TIN) for foreign employees of a representative office? Who should apply for these documents to the Pension Fund and the Federal Tax Service?
Answer: Yes, foreign employees of the representative office must have a SNILS and Taxpayer Identification Number (TIN). In this case, the pension certificate must be issued by the representative office. A foreign worker must obtain a TIN independently from the tax office.

Question 6: Is the representative office required to notify the FMS (Ministry of Internal Affairs) and in what cases?
Answer: Yes, it is necessary to notify the Ministry of Internal Affairs about the conclusion and termination of an employment contract with a foreign employee within three working days; on arrival at the place of stay within seven working days; on obligations to pay remuneration to a highly qualified specialist once a quarter.

Do I need to notify the migration authority about the dismissal of a former foreigner?

If a foreigner received Russian citizenship while he was working, then upon dismissal, migration control over his work activity is not carried out. Therefore, there is no need to inform the migration authority. This conclusion was reached by the Supreme Court of the Russian Federation in Resolution No. 81-AD17-17 dated June 26, 2017. The position of the Supreme Court will help employers in disputes with migration authorities.

Let us remind you that if the employing organization does not inform the migration authority about the dismissal of a foreigner, it faces a fine in the amount of 400 thousand to 800 thousand rubles. If the violation occurred in Moscow or St. Petersburg or in the Moscow or Leningrad region, the fine ranges from 400 thousand to 1 million rubles. An alternative to a fine in any region is suspension of activities for a period of 14 to 90 days.

Question 7: If a foreign employee of a representative office temporarily leaves for the main company, will this be considered a business trip?
Answer: Yes, the employee’s departure to the main company must be registered as a business trip in accordance with Russian legislation. Our experts will help you correctly prepare personnel documents for employee business trips and calculate wages taking into account travel payments.

Question 8: What other pitfalls may there be from the point of view of personnel records in the representative office?
Answer: Labor relations between foreign workers and the representative office are regulated by Russian labor legislation. Therefore, personnel records in a representative office are fundamentally no different from personnel records Russian organization. Personnel records for foreign employees of the representative office are maintained in the same manner and to the same extent as for Russian employees. “Pitfalls” in personnel records are often encountered in matters of compliance with the norms and rules of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data.” Moreover, from July 2017, changes to Law 152-FZ will come into force. We will be ready to talk about the specifics of conducting personnel records management in terms of the Law “On the Protection of Personal Data” at the meeting, if necessary.

Companies often entrust the responsibilities for registration and accounting of foreign employees to accountants, HR specialists, and even office managers, without realizing how many features and pitfalls the migration legislation is fraught with, and liability for its violation can even undermine the business (the upper limit fine – 1 million rubles). Therefore, it is worth thinking about high-quality, but expensive courses to train specialists in the basics of migration registration.

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The legislation of the Russian Federation does not prohibit legal individuals and individual entrepreneurs to employ foreigners. To carry out the employment procedure correctly, legal, physical. individuals and individual entrepreneurs need to have an idea of ​​the legal framework in which a foreigner resides in the Russian Federation. Employers should be aware of what documentary authorizations will be required from them and the foreign employee.

Legal statuses of foreign persons in the Russian Federation

According to Federal law No. 115-FZ “On legal status foreign citizens in the Russian Federation" dated July 25, 2002, there are several statuses.

1) Temporarily staying. Confirmed by a visa if a foreigner comes from a country with an entry visa regime or a migration card, if the procedure for his entry into the Russian Federation does not imply a visa. The period of temporary stay on a visa is equal to its validity period, on a migration card - no more than 90 days, exceptions to clause 1 of Art. 5 of Law No. 115-FZ.

At the end of these periods, the foreigner is obliged to leave the country unless permission to extend the period of stay or temporary residence has been obtained. Such permits are issued by the federal executive body for migration issues (FMS - Federal Migration Service) and its territorial divisions. The amount of state duty for the issuance and renewal of permits is indicated in paragraphs. 11. clause 1. Art. 333.28 Tax Code of the Russian Federation.

If a foreigner who arrived with a migration card has issued a work permit within 90 days or has been issued a work patent, then the period of his temporary stay is the duration of these contracts, but not more than 1 year from the date of arrival in the Russian Federation. This temporary restriction does not apply to highly qualified specialists and foreigners who have entered into an employment relationship with an individual entrepreneur.

Attention! If, upon arrival in the Russian Federation, a foreigner who arrived on the basis of a migration card did not indicate on it that the purpose of his visit was work, then the FMS will not give him a work patent (Law No. 230-FZ of July 21, 2014).

2) Temporary residents. A foreign person has received a temporary residence permit (TRP) from the Federal Migration Service, which is issued for 3 years. There are quotas for obtaining temporary residence permits. A temporarily residing foreigner cannot, at his own request, change his place of residence within the constituent entity of the Russian Federation where he was issued a permit or move beyond its borders. This means that he can only work in the place of the Russian Federation where the temporary residence permit was issued. You must re-register your temporary residence permit annually. The amount of the state duty for a temporary residence permit is specified in Article 333.28 of the Tax Code of the Russian Federation.

3) Permanent residents. The foreigner was issued a residence permit (RP). It is received from the Federal Migration Service for 5 years, renewable an unlimited number of times. It is necessary to re-register annually. The application for a residence permit is submitted at the time the temporary residence permit is valid (3 years), maximum six months before the termination of the temporary residence permit. The amount of the state fee for obtaining a residence permit is specified in clause 10.p.1.art.333.28 of the Tax Code of the Russian Federation.

Documents that will be required to formalize an employment contract with a temporarily staying foreigner (visa and visa-free regime)

Required list of documents (Article 65, Article 327.3 of the Labor Code of the Russian Federation):

  • passport; identification document;
  • a migration card for those who arrived visa-free and a visa for those who entered under a visa regime;
  • patent (visa-free regime) or work permit (visa regime);
  • work book in Russian format;
  • document confirming qualifications and education. They must undergo consular legalization, be translated into Russian, and notarized;
  • voluntary health insurance policy.

Interesting! Temporarily staying foreigners can work with a patent or work permit in the territory of the Russian Federation where these documents were issued.

Law No. 357-FZ of November 24, 2014 states that all foreign persons are required to confirm knowledge of the legislative foundations of the Russian Federation, its history and the Russian language.

Actions of the employer when placing a foreigner under the visa regime:

  1. submit an application to the Federal Migration Service to issue an invitation for a foreigner to enter the country;
  2. apply for permission to use and attract foreign labor and receive it from the Federal Migration Service. The state duty from 01.01.15 is 10,000 rubles for each attracted foreigner;
  3. in the Federal Migration Service, receive, see, check the period of the work permit of a temporarily staying foreign person. State duty for issuing a work permit from 01/01/15. is 3500 rubles.
  4. draw up an employment contract with him and notify the FMS about this within 3 days;

Actions of the employer when employing a foreigner under a visa-free regime:

1) a foreign worker who entered the Russian Federation exclusively under a visa-free regime, i.e. on the basis of a migration card, he must issue a work patent at the FMS (from 01/01/2015, only a patent is issued; before this date, only a work permit was issued for such foreigners) and provide it to the employer (individual entrepreneur, legal entity or individual) to whom it is necessary to check the validity period of the patent.

2) conclude an employment contract, and then report this to the FMS within 3 days;

For foreign citizens of member countries of the Eurasian Economic Union - EAEU (Belarus, Kazakhstan, Armenia, Kyrgyzstan) a patent or temporary residence permit is not issued; it is enough to register at the place of residence if there is a document confirming the right to use residential premises.

When there is no such document, then you need to register at your place of residence. from the salary of citizens of the EAEU member countries are transferred to the state. funds on a general basis at company rates are similar to contributions from the salaries of Russian employees.

From the salary amount of other temporarily staying employees who come from outside the EAEU countries, contributions are also transferred to the Pension Fund according to the company’s tariff, and to the Social Insurance Fund for temporary disability - a tariff of 1.8%.

Important! If a foreign employee is defined as a tax resident of the Russian Federation, i.e. during the year, stayed in the country for 183 days or more without breaks, then 13% of his salary is withheld. If he spent less time in the Russian Federation, then he is considered a non-resident and the personal income tax rate is 30%. For citizens of countries participating in the Eurasian Economic Union, personal income tax is 13% from the first day of work in the Russian Federation.

Registration for employment of a foreigner temporarily residing in the Russian Federation

Having the status of a temporary resident (TRP), a foreigner is obliged to register at the place of residence if there is a document confirming the right to use residential premises or to register when there is no such document.

There is no need to obtain a work permit with this status (Law No. 320-FZ of December 30, 2012). They can engage in labor activity by signing an employment contract with a legal, physical. a person or individual entrepreneur who has permission to attract and use foreign labor.

Temporary residents are insured subjects. They are subject to mandatory health insurance(Article 10 of Law No. 326-FZ of November 29, 2010), pension (Article 7 of Law No. 167-FZ of December 15, 2001), social insurance in case of temporary disability and in connection with maternity (Article 2 of Law No. 255-FZ dated December 29, 2006).

What is required from a foreigner when signing an employment contract?

  1. passport with a note about the temporary residence permit;
  2. education document;
  3. Russian sample;
  4. insurance certificate of state pension insurance (SNILS);
  5. health insurance policy.

Interesting! An employment contract with a foreigner who has a temporary residence permit is drawn up for a period of 1 year, because This is exactly the period of validity of the permit to attract and use foreign labor.

Registration for work of a permanently residing foreigner in the Russian Federation

Permanent residents, i.e. foreign persons who have received a residence permit (residence permit) can work anywhere in the Russian Federation, they do not need a work permit, but they must register at the place of residence if there is a document confirming the right to use residential premises or be registered at the place of stay, when there is no such document.

The employer does not need to notify the Federal Migration Service, tax and employment services about hiring a foreigner with a residence permit. They get jobs in the same way as citizens of the Russian Federation. The employer does not need to obtain permission to attract and use foreign labor; he must only familiarize himself with the residence permit of the hired foreign worker.

Employees with a residence permit, when concluding an employment contract, submit the same package of documents and undergo mandatory social insurance in the same way as temporary residents.

How to employ a foreign highly qualified specialist?

The concept of a highly qualified specialist is determined to a greater extent by the size of the salary that a Russian employer can provide to a foreign specialist (Law No. 56-FZ of 03/08/15). These types of workers undergo a simplified labor registration procedure:

  • the receiving company is not required to issue a permit that attracts the labor of a foreigner;
  • entry into the country occurs even if there are no invitation quotas;
  • a work permit is issued regardless of the presence of quotas;
  • obtaining a work permit is accompanied by the submission of a shortened list of documents;
  • an application for a work permit is processed within 2 weeks;
  • The validity period of the work permit is equal to the validity period of the employment contract, but cannot exceed 3 years. After this period, the permit can be renewed several times;
  • Personal income tax on a specialist’s salary is withheld at 13%, without waiting for him to receive the status of a tax resident of the Russian Federation. The tax office at the place of registration of the employer must be notified that the labor of a foreign professional has been hired. When employing a specialist, a company must notify the Federal Migration Service within 30 days that he is already registered with the state. tax institution and report to the Federal Migration Service every quarter about the salary paid, the provision of leave at one’s own expense if it lasts more than 1 month and the possible termination of the employment contract.

The company independently determines the level of qualifications and degree of competence of a foreign worker, based on his professional knowledge, skills, and abilities.

When registering an employment relationship with a foreign professional, an interested company needs to issue him an invitation to enter and a work permit (visa regime) or only a work permit (visa-free), guarantee that the foreigner and his family members entering the country with him will receive a medical insurance policy insurance.

Foreigners, mainly residents of neighboring countries, come to the Russian Federation in order to earn money. Highly qualified specialists who are interested in the original Russian culture and have respect for the country also come. How to complete documentation and obtain a work permit in Russia for foreigners, the article says.

Replenishment of personnel through migrants is becoming commonplace, although it is clear that foreign citizens, being outside their country, represent a socially unprotected group of people. Migration legislation is strictly selective in its approach to the employment of foreigners, and this feature must be taken into account before undertaking a move.

The procedure for registering foreign citizens for work requires compliance with the rules established within the state. The question concerns two sides:

  • on the one hand, the participant in the process is a foreigner planning to officially find employment in a foreign country;
  • on the other hand, an employer who decides to hire a foreign citizen.

Both parties need to go through the procedures without violating the law of the Russian Federation. However, not all visiting citizens like to pay taxes.

Not all employers are ready to make financial contributions to certain funds established by law. They ignore the complicated registration procedure provided for by the Labor Code of the Russian Federation. This is where illegal work comes from.

Where foreigners are not allowed to work

The legislation of the Russian Federation provides for restrictions on the opportunities for foreign citizens to obtain work. Migrants, in accordance with Article 14 of Federal Law No. 115, are not allowed to work in the following areas:

  • engage in activities in local government bodies;
  • occupy command positions on merchant and military ships, on aircraft space and experimental purposes, in civil aviation;
  • you cannot work in the state security structure of the Russian Federation;
  • in the Armed Forces of the Russian Federation, in combat and administrative-economic formations;
  • at facilities related to protection state secrets, in government agencies and special forces, where data from the spectrum of state secrets is used;
  • in organizations related to nuclear weapons, production areas with radiation hazardous substances;
  • it is prohibited to manage organizations with an authorized capital of more than 50% of the shares of the Russian Federation;
  • You can't work in organizations retail medical goods, alcoholic beverages, trade in tents, in markets according to OKVED.

Foreigner status

In Russia, the stay, life and work of foreign citizens are regulated by migration laws. The legislation is based on the civil status or status of foreigners. Determination of status is related to the registration of a person, tax deductions, the amount of insurance payments to the Pension Fund of the Russian Federation, and contributions for health and social insurance.

The law approves 3 statuses:

  1. One of them provides for permanent residence under a special document called a residence permit (RP).
  2. The other two correspond to temporary residence:
  • followed by obtaining a residence permit;
  • the stay of a foreigner in a temporary regime is based on a visa, for citizens of the CIS - a visa-free procedure with a migration card.

With a residence permit, a foreigner has the opportunity to enter, leave and live permanently in the Russian Federation. The document is valid for 5 years with an extension of the period of residence.

The right to temporary residence in Russia is given to a citizen of another state by a mark in an identity document. Get workplace a person can only obtain a permit in the area for a certain period of residence (3 years). The extension is not specified in the law; further registration of a residence permit is permitted.

For temporarily staying foreign citizens, it is necessary to have a visa, which indicates the period of stay in the territory of the Russian Federation. The visa-free procedure is limited to a period of 90 days upon registration with the migration service. Temporary stay is extended to 1 year, subject to obtaining work permits or obtaining a work patent.

Important! A foreign employee is required to promptly notify the employer of changes in status.

Employment in a visa-free regime

A visa-free regime for relations between countries allows their residents to enter the territory without obtaining a visa. The arrangement is convenient for both the potential employee and the employer. The absence of restrictions makes it easier to conduct business relationships.

The employer is required to:

  1. Regular verification of the validity period of the employee’s document (residence permit).
  2. Inform the local branch of the Russian Ministry of Internal Affairs that, on the basis of the contract, an employment relationship has been established with a citizen of foreign origin.

Attention managers! When accepting migrants with any status (according to the Federal Law, clause 8, article 13), it is necessary to inform the Ministry of Internal Affairs.

A citizen of another country who has a temporary residence permit in Russia (a status close to a residence permit) gets a job in the Russian Federation. Every year he will have to confirm it with the migration service.

Legal employment of foreign workers with the status of temporarily staying in Russia in accordance with paragraph 1 of Art. 2 of the Law on the legal status will depend on visa relations between countries.

Patent for work

IN Russian Federation people come with the hope of finding a decent job and a comfortable life. Changes are taking place in the legal acts of the Russian Federation regarding visa-free migrants, and additions are being made.

In legislation related to migration, there is a term patent, meaning permit document(certificate). Having received the certificate, a foreigner simultaneously gets the opportunity to stay in the Russian Federation without a visa and work here.

No patent required:

  1. People who migrated to Russia with temporary registration and residence permits.
  2. Persons who took part in the state resettlement program on a voluntary basis.
  3. Citizens of Belarus and Kazakhstan.
  4. For displaced people.
  5. Employees of diplomatic missions operating in the Russian Federation.
  6. Representatives of foreign companies involved in the installation of technical equipment in Russia.
  7. For media workers working in the Russian Federation in the direction of foreign countries.
  8. Students engaged in labor activities during the holidays.
  9. Representatives of science and education who arrived at the invitation of the Russian Federation.

The state calculates the number of patents that it can implement; their number is limited. Quotas are updated annually.

A patent is issued on the basis of certificates, certificates (documentation), including:

  • results of a medical examination on suitability for work;
  • final indicators of tests for language knowledge, knowledge of the basics of the Russian legislative framework;
  • insurance policy for an annual period;
  • a check for making a monthly advance payment for personal income tax (the amount of tax corresponds to the region of employment);
  • a foreign passport accompanied by a translation certified by a notary;
  • handprint identification document;
  • photos;
  • application for a certificate.

Attention! A patent is required for visa-free foreigners with temporary residence. From persons with temporary or permanent residence no patent required.

The certificate has an expiration date. It is valid for a period of time from 1 month to 1 year.

During this period, an employment agreement with the employer must be drawn up, otherwise the patent will be terminated. If necessary, the certificate can be renewed.

An employee with a patent is allowed to work for up to 2 years. After this period, he will have to resume the entire procedure for obtaining a permit certificate. It is not recommended to allow late payment for the certificate, otherwise the document will be subject to cancellation and its owner will lose the right to work.

Citizens of the EAEU countries - Armenia, Belarus, Kazakhstan and Kyrgyzstan do not need to bother about additional permits.

Illegal ways to get a job are prosecuted by law. An entrepreneur who decides to circumvent legal requirements will pay a considerable amount.

In this video you will learn how much personal income tax you will need to pay for a work patent in 2018 every month:

The procedure for employing foreigners

Legal employment is possible if you have the necessary documents:

  1. A foreign passport, which must be obtained before departure. You will need it when crossing the border.
  2. Migration card with a note about the purpose of arrival. The card is issued at the border. Border service officers will help you fill it out.
  3. Medical insurance for foreigners received on the day of arrival in the Russian Federation.
  4. Migration registration in the form of temporary registration.
  5. Patent for obtaining a workplace. In the future, it is planned to make regular payments for the use of the patent.
  6. Papers about official employment. With a patent in hand, within 2 months you need to find an employer, conclude an employment agreement with him and submit a copy to the FMS (migration service).

You need to be prepared for the costs associated with tax payments and payment of state duties. All the troubles and costs are paid off by legal work in the Russian Federation for a year without the danger of being evicted or fined.

Attention! You shouldn't skimp on safety. The money spent in the process of obtaining the necessary documentation will be returned in the course of quiet work on a legal basis.

List of documentation

To employ a foreigner, the following documents will be required:

  • application in 2 copies;
  • passport of a standard recognized in the Russian Federation;
  • migration card indicating the purpose of arrival “work”;
  • medical policy or agreement with a medical organization on paid services for the duration of work;
  • a certificate issued by a medical institution confirming that the citizen does not have drug addiction, HIV infection or other dangerous diseases;
  • certificate of training in Russian language courses, completion of the fundamentals of jurisprudence and history of the Russian state;
  • temporary registration coupon;
  • a patent recording data on the presence of a profession or types of active activity.

The foreigner must complete the collection and submission of documentation within a month. For deviation from the deadlines, a fine of 10,000 rubles is provided. up to 15,000 rub. The collection receipt must be attached to the set of documents.

Foreign student

An educational institution can act as a party accepting foreigners for study. You can obtain permission from the Federal MP of the Russian Federation. The purpose of arrival is indicated in the application. The following must be presented to the relevant departments related to the movement of foreigners in Russia:

  1. Application.
  2. A copy of the foreigner's identity card.
  3. Guarantee to ensure material, medical, housing conditions.
  4. An invited citizen, a national of another state for the duration of his residence in the Russian Federation.

The student is registered with the Federal Migration Service based on the notification he received from the inviting party. The university administration will inform the educational authorities about his arrival in the next 3 days.

In case of unauthorized departure of a student from an educational institution, the university is obliged to notify:

  • apparatus in charge of education;
  • migration structures;
  • security authorities.

The educational institution is obliged to renew the visa. If educational institution committed a violation of the rules, obligations assumed, then liability will arise according to the law in the form of fines (up to half a million rubles).

For foreign students, a place in the dormitory is provided at the rate of 6 sq.m per person. Training is financed from the state budget of the Russian Federation. Students are paid a stipend.

The country has approved training quotas on a budget basis (no more than 10,000 people annually).

Important! The cost of utilities, household services, and accommodation should be no more than 5% of the scholarship amount.

Quotas

Immigration policy applies quotas, that is, a projected acceptable rate or share of participation in the labor market of foreign labor. Employers often resort to using foreign labor. This happens for various reasons:

  1. For the cost of services.
  2. By skill level.

The hiring of workers from abroad is subject to strict quotas.

In practice, several types are used:

  • Employers who hire foreign specialists into their workforce receive a quota;
  • quota for temporary registration gives advantages in getting a job without special permits;
  • the issuance of jobs is normalized in order to protect the labor market within the country;
  • there are quotas for issuing invitations to obtain a visa;
  • There are quotas for students who want to have a Russian diploma and study on a budgetary basis.

Employer's liability

Along with hiring foreigners, the employer assumes responsibility, as stated:

  1. In the Labor Code of the Russian Federation.
  2. In the Code of Administrative Offences.
  3. In the Law on the Rights of Foreigners in the Russian Federation.

Employers often try to circumvent laws by employing foreigners in order to save on wages. Such violations are punishable.

How to find a job in Russia as a migrant, see here:

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