Conditions of entry and rules for the stay of foreigners on the territory of the Russian Federation. Rules for processing documents executed in a foreign language What documents are needed for migrants to work

The concept of "migration registration" was introduced into business circulation by Federal Law 109-FZ of July 18, 2006 "On the migration registration of foreign citizens and stateless persons in the Russian Federation", dividing the designation of registration of foreigners by the word "registration", which was unified up to this point, into two types : registration at the place of residence and migration registration at the place of stay.

However, the ten-year practice of using this phrase allows us to conclude that it has not yet taken root, and the detachable part of the arrival notification confirming the migration registration of a foreign citizen is still commonly mistakenly referred to as “registration”.

The adoption of the law on migration registration was accompanied by a loud campaign to ease the migration legislation. The state positioned the abandonment of the complex corruption-intensive registration procedure in favor of a simple notification system for registration of migration registrations as a reduction in bureaucratic obstacles with a simultaneous tightening of liability for non-compliance. It was 10 years ago that the size of the liability of legal entities for failure to fulfill their obligations for migration registration acquired a modern shape - a fine of 400,000 rubles. up to 500,000 rubles for one violation (Article 18.9. Administrative Code of the Russian Federation).

In accordance with the provisions of Federal Law 109-FZ, foreign citizens temporarily residing (RVP) and permanently residing (residence permit) in the Russian Federation are subject to registration at the place of residence. Foreign citizens temporarily staying in the Russian Federation are only subject to migration registration. At the same time, when changing their place of residence in the Russian Federation, temporarily and permanently residing foreign citizens can register for migration at the place of temporary stay.

The original version of the law provided for the obligation of a foreign citizen and the host party to comply with the requirement of the law for registration with migration registration within 3 days from the date of arrival at the place of stay. Also, the legislation provided for the mandatory removal of a foreign citizen from the register by the receiving party in the event of his departure.

Over ten years, the legislation in this area has undergone some relaxation, and the default period for migration registration has increased from three days to seven working days, and for most states it has changed even more significantly. And it is no longer required to remove foreign workers from the register. This happens automatically when a foreign citizen crosses the border or when registering at a new place of stay.

However, what should you pay attention to. Most international agreements that stipulate a special relationship to the period of temporary stay for citizens of certain states mean the period calculated from the date of entry into the territory of the Russian Federation, and this relaxation is designed mainly for tourists and people who come to Russia for private purposes. For foreign citizens who arrived in the Russian Federation for the purpose of employment, one should be guided by a period of 7 working days for registration, since when performing many significant actions in the Russian Federation, the presence of the details of the location in the territory of the Russian Federation is required. So, the address of registration at the place of residence is required to be indicated in the application for a patent for work, in the employer's notification of the migration authorities about the conclusion of an employment contract with a foreign citizen, when applying to the bank for a bank card to transfer wages, etc.

The same period - 7 working days - should be taken into account when changing the place of residence already on the territory of Russia, including when moving from one employer to another.

So, let's move on to the issue of the employer's responsibility for the migration registration of their employees. If, in relation to Russian citizens who are not registered at the place of residence, the employer does not become responsible for concluding an employment contract with such an employee, and even, on the contrary, the employer may be held liable for refusing employment on this basis, then with regard to foreign workers the situation is quite differently.

The defining moment in this matter is the following: is the employer for the foreign worker the host party?

What is a host? The definition of this concept is given in Federal Law 109-FZ.

"The party receiving a foreign citizen or stateless person in the Russian Federation (hereinafter referred to as the receiving party):

- citizen of the Russian Federation,

- a foreign citizen or stateless person permanently residing in the Russian Federation,

- a legal entity, branch or representative office of a legal entity,

- a federal government body, a government body of a constituent entity of the Russian Federation, a local government body,

- a diplomatic mission or consular office of a foreign state in the Russian Federation,

- an international organization or its representative office in the Russian Federation, or a representative office of a foreign state at an international organization located in the Russian Federation,

with whom a foreign citizen or stateless person actually lives or works (is). "

If, before the adoption of Law 109-FZ, a foreign citizen had to be registered at the place of residence (temporarily or permanently, for a long time or for a short time), then with the adoption of this law, it became possible to register (register) foreign citizens at the place of work. Moreover, regardless of whether the employer has a dwelling place at the address of registration with the migration registration or not, and even the presence of a room as such is not decisive.

Law 109-FZ introduces the concept of "Place of residence":

"The place of stay of a foreign citizen or stateless person in the Russian Federation is a dwelling that is not a place of residence, as well as any other premises, institution or organization in which a foreign citizen or stateless person is located and (or) at which the foreign citizen or person statelessness is subject to registration at the place of stay in the manner prescribed by this Federal Law. "

The meaning of migration registration is the ability to find a foreign citizen at the address of the registration, and what he does there: he lives, works or is located - does not matter.

Example: An employer leases a piece of land. The right to lease is confirmed by a lease agreement and a certificate of ownership of the land. The plot is a typical chamomile field where the employer plans to grow cabbage. To cultivate the land, he invites foreign workers, who are daily delivered to field work by bus from a neighboring settlement. There are no not only residential, but also no other premises in the field. In the best case, it will be a shed for storing inventory and a trailer where workers can wait out the bad weather or have lunch. At the same time, the employer has all legal grounds to register foreign workers in the field with daisies.

The situation seems non-standard, but it does not contradict the meaning of the migration registration of foreign citizens. At the address of registration, you can just as well find a foreign worker, as if it were the apartment where the foreigner lives, or the field where he works. In the second case, it turns out to be done often even much easier and easier, since the employer acts as a certain organizing unit between state bodies and foreign citizens.

The Federal Migration Service has developed a procedure for registering foreign citizens for migration registration, which is still in effect, despite the dissolution of the FMS. However, neither in the days of the FMS, nor now, when these functions were transferred to the Ministry of Internal Affairs, the practice of registering foreign citizens for migration registration often does not coincide with theory.

The regulation is partially complied with only in the case of initial migration registration for 90 days from the date of entry into the Russian Federation. In cases where foreign workers change their place of stay, or the period of stay is extended for other legal reasons, the host country fully experiences the flight of bureaucratic fantasies. Since a clear algorithm of actions and the required package of documents are not regulated at the legislative level, each territorial migration department establishes its own procedures. In the best case, the list of documents that the employer must provide for the registration of a foreign worker with the migration registration of a legal entity will be posted on the notice board in the corridor of the department. Naturally, you will not find there references to any normative act, because there are no normative acts establishing the requirements for a package of documents for extending migration registration or registering beyond the initial 90-day stay.

Attempts by the FMS to give this procedure a normative completeness were reflected in the Order of the FMS dated June 29, 2015 No. 321, but were not crowned with success.

The order is not implemented everywhere, and due to his awkward wording, he did not add clarity to the mechanism of migration registration of foreign citizens.

In accordance with the order, in order to extend the period of temporary stay (the period of registration for migration), the receiving party submits to the territorial body of the FMS or its structural unit at the place of stay of a foreign citizen an application in any form, which indicates the full name, date of birth, citizenship, address of the place stay and details of the identity document of a foreign citizen.

As well as the documents that served as the basis for changing the period of temporary stay in the Russian Federation. What documents are not specified in the order. Therefore, the list of such documents and the requirements for them are established by the employees of the territorial migration units themselves, and there is no single list.

In this article, we will try to summarize the experience of migration registration and extension of the period of temporary stay, obtained in various divisions of the Federal Migration Service of Moscow and the Moscow Region.

So, the first thing you will encounter is the desire of the employees of the migration authorities to receive comprehensive information about your company. Subsequently, this information will be required to draw up an administrative case in case you make any mistake or lose sight of any obligation to comply with immigration laws. Also, the complete package of documents available for your company makes it easier for supervisory officials to include you in the annual migration checks plan.

I will repeat once again, such requirements are not legally stipulated, however, without providing the package of documents below, in one hundred out of a hundred cases, you will not be able to put a foreign worker on the migration register in a legal entity. All documents are provided in copies, where necessary, certified by the seal of the organization:

Company account card with your contact details (rarely);

Charter (rare);

One- or two-month extract from the Unified State Register of Legal Entities (rarely);

TIN (always);

OGRN (always);

Order / protocol on the appointment of the gene. directors (always);

Copy of the passport gene. directors (almost always);

Power of attorney for a representative;

Order to appoint a representative as an official (rarely);

Copy of the representative's passport (rare);

Documents of title to the address of registration of a foreigner for migration registration (certificate of ownership, lease agreement, etc.).

It is often required to submit these documents, already filed in a folder-folder. This is an approximate list of documents that are required from the receiving party - a legal entity. Since it is not stipulated by regulatory documents, you cannot be insured not only from the fact that the requirements will be different in different territorial divisions of the FMS, but also from the fact that they will differ within the same division, but on different days. Yesterday it was necessary to provide one, and tomorrow another. Even within one day, in the morning the inspector told you one thing, and when you returned, fulfilling his wishes, another inspector met you with his vision.

But in everything bad, you can always find something good. Again, due to the fact that the law does not establish an exhaustive list of required documents, in most cases you can agree with the inspector that you will bring the missing document next time, because once you knock on the FMS door once, you will be there very often.

Let us now turn to the list of documents that must be provided by a foreign citizen, confirming the change in the conditions for a foreigner's stay in the Russian Federation. Documents are also provided in copies:

Application (petition from the host) for the extension of the period of temporary stay;

Application (petition from a foreign citizen) for the extension of the period of temporary stay (not everywhere);

Passport (Requirements for a passport are different everywhere. In most cases, the first spread is sufficient. If it is a foreign passport, then sometimes a copy of a page with a stamp about the last border crossing is required. FMS meets, where copies of all pages are required, without exception, including blank ones);

Migration card (Despite the fact that Order 321 of the FMS explicitly states that the inspector is obliged to put a mark on the migration card on the extension of the period of temporary stay, it is more difficult to find the FMS where this requirement is fulfilled than where it is ignored. We strongly advise against withdrawing from foreign citizens, the original of the migration card for affixing a mark on the extension, since the absence of a migration card with him at the time of the check is regarded by the Moscow courts as a violation of the regime of stay, followed by a fine and administrative expulsion);

Examples of such administrative cases can be found here: Judgment of March 10, 2016, Judgment of March 04, 2016, Judgment of July 6, 2015 No.

All receipts for payment of the patent (The text on them must be readable. If it is faded or indistinguishable, it is necessary to send the foreign employee to the bank in advance for an extract or receipt of duplicate receipts);

Tear-off part of the notification of arrival at the previous place of stay (in some cases, the original is required);

Labor contract;

Notification of the conclusion of an employment contract.

Prior to the entry into force of the FMS Order of December 15, 2014 No. 655, and then of the FMS Order No. 321 of June 29, 2015, migration registration of foreign citizens was regulated by Federal Law No. 109-FZ, Government Decree No. 9 of January 15, 2007, approving the Rules for the implementation of migration registration of foreign citizens in the Russian Federation and the administrative regulations for the provision of state services by the FMS for the implementation of migration registration in the Russian Federation.

All these normative acts provided for the assignment of responsibilities for the implementation of migration registration to the host country. The presence of a foreigner was not required for such a procedure. The foreigner himself could fulfill this obligation only in exceptional cases, presenting to the FMS valid reasons why the receiving party could not do this.

FMS order of June 29, 2015. No. 321 opens up other possibilities. In the provisions describing the procedure for filing documents, the applicant can be both the receiving party and the foreign citizen himself.

Cases when foreign citizens, by proxy from the employer, themselves extended the period of stay, is becoming known more and more often, however, this is still rather an exception to the rule.

So, we examined the question of the employer's actions to register their employees at the place of work, but did not answer the main question: is this the employer's responsibility?

Not! It is not an absolute obligation of the employer - this is not. It is a common situation when an employing organization fulfills its obligations to the FMS to formalize labor relations in accordance with migration requirements, and does not impose obligations on migration registration if the employee is registered at the address of an individual. An employee can live with an individual: with relatives, rent an apartment or a room from a homeowner, while the person who provided him with a place to stay also has the right to put him on the migration register. In this case, the employer only controls that the employee, together with the owner of the home, prolongs the period of stay in a timely manner, and then he does this not because this is required by law, but in order not to lose overnight an employee who has forgotten to extend his period of stay.

Moreover, a situation is also possible when a foreigner working in an organization is registered at the migration register at the address of another legal entity. This is allowed in two cases.

First. When an employee lives in a hotel, hostel, hostel - then he is registered by the legal entity that owns the accommodation facility.

Second. When an employee works part-time, and another employer has put him on the migration register.

In all other cases, even if the period of temporary stay has not expired, the seal of the legal entity on the reverse side of the tear-off part of the notification of the arrival of a new employer should alert. In most cases, this is an ordinary “purchased registration”, which does not bode well for either the foreign worker or his employer. It can also be the seal of the previous employer, which is easy to check by asking the future employee for a work book or a certificate of 2 personal income tax from the previous place of work.

What is the threat of such migration registration? The employee faces a fine, and in cities of federal significance and adjacent regions - a fine, administrative expulsion and closure of the entrance for 5 years. But only in one case, if the employee did not transfer his documents to the new employer for migration registration. And in the event that he does not have a valid host party (relatives or a landlord), he is simply obliged to do this upon arrival at a new place of residence. In this situation, a new job is a new place of residence for a foreigner. In this case, the responsibility for the implementation of migration registration falls on the employer, and such responsibility is removed from the foreigner (See Letter of the FMS dated March 26, 2013 No. KR-1/2 / 2-3688).

Upon arrival at a new place of stay (to a new employer), a foreign citizen gives the receiving party the documents for registration with migration registration, and the receiving party is obliged to register the foreign worker at the new place of stay within seven working days.

Summing up the article, I want to once again draw your attention to three important things.

First. A foreign citizen fulfills the obligations to comply with and extend his period of temporary stay in the Russian Federation: he pays for a patent on time, submits documents for a temporary residence permit, etc. And the receiving party, in the role of which the employer can act, fulfills the duties of carrying out the migration registration of a foreign citizen (employee). These two tasks are united by deadlines. The period for which the temporary stay of a foreigner in the Russian Federation is extended corresponds to the period of his registration with the migration registration.

Second. Migration registration, in contrast to registration at the place of residence, is a notification, not a permissive procedure. While the migration authorities often continue to treat it as permissive. The requirements for the package of documents required by the migration authorities are not defined by law. Moreover, in clause 31 of the administrative regulations for the provision of state services by the FMS for the implementation of migration registration in the Russian Federation, there is an exhaustive list of documents that must be submitted by the receiving party to provide the service, consisting of two points: a passport and a migration card of a foreign citizen. And clause 46 of the regulation contains a direct prohibition to require the applicant to provide documents and information that are not provided for by regulatory enactments.

And the last thing. A foreign worker can be registered at the migration register, both at the place of work and at the place of residence. The fundamental requirement is the actual correspondence of the address of migration registration to the address of the location of the foreign worker, and it does not matter during working hours or not. Well, you must not allow a foreign citizen to exceed the migration registration period (period of temporary stay). If there are no legal grounds for extending the period of temporary stay, the foreign citizen is obliged to leave the territory of Russia before the expiration of the period of temporary stay (the period for registration with migration registration).

Taking the slightest bit of significant legal action or buying tickets is possible only if you have documents that are recognized by the state authorities. In certain situations, police officers will have to show them. What documents proving the identity of a foreign citizen in the Russian Federation can be considered acceptable and in what situations?

Basic requirements of the state

An episodic check of documents by police officers is a necessary measure and it affects not only foreign guests, but also Russians. This event allows you to ensure order in public places and the safety of citizens, often preventing criminal acts and administrative offenses. During such verification, identification of the identity of those present is required. What documents provide the most complete information about him?

Requirements for Russians

In some cases, it is possible to perform some kind of legal action only after presenting a passport. But not a single law regulating the duties and rights of police officers and citizens speaks of the obligation to carry passports and, in general, documents proving the identity of a citizen.

Their absence is not considered an administrative offense. Although a civil passport is the main identity document of a Russian, it is not said anywhere that it is necessary to present it.

Any document that allows you to identify and verify the authenticity of data can serve as an analogue. It should contain:

1. The photo.
2. Other data required for this category.
3. Validity.
4. Full name of the authority that issued the document, official seal and signature of the official.

Consequently, an international passport, military ID, service or pension ID, student ID are quite possible to identify the identity of the bearer.

Requirements for foreigners

Article 10 of Federal Law No. 115 lists documents proving the identity of a foreign citizen.

A passport will be valid only if you have an entry visa issued by a diplomatic mission, consulate, internal affairs body or the Russian Ministry of Foreign Affairs. If there is a visa-free entry regime between the Russian Federation and the state of a foreign guest, an entry visa is not required. Additionally, foreigners must present a migration card.

Due to new circumstances, the number of foreign citizens has increased at the expense of refugees. According to the requirements of the migration service, this category of foreigners must have:

• refugee certificate;
• or a certificate of consideration of the relevant application received at the diplomatic / consular office of the Russian Federation, at the post of immigration control or at the local department of the Main Directorate of Internal Affairs of the Ministry of Internal Affairs.

In addition, according to Decree No. 274 of the Government of the Russian Federation of April 9, 2001, those who sought asylum in Russia receive the relevant documents:

• identity card of a person who has received temporary asylum in the Russian Federation;
• certificate of granting temporary asylum in the Russian Federation.

Citizens of the member states of the Customs Union and the Common Economic Space (Kazakhstan and Belarus) who are in Russia can use their internal passports.

Notarial acts

Article 42 of the Fundamentals of the Legislation of the Russian Federation on Notaries states that a person can be identified both on the basis of a passport and other documents that make it possible to exclude any doubts about the identity of a citizen. The notary has the right to independently decide on the basis of which documents he will establish the identity of the visitor.

The main requirement is that the documents drawn up by the notary must contain detailed information about the person: full name, date of birth, name and details of the document, citizenship, place of residence or stay. The most complete data is reflected in the passport.

What documents do migrants need: Video

According to which a new mandatory document for foreign workers should appear in the list of papers required for employment. Let's take a look at what labor migrants and their employers should be prepared for.

The concept of a host and an inviting party (new mandatory document for foreign workers)

Before figuring out how the adoption of bill No. 150363-7 will turn out for Russian companies and foreign workers, you should understand two concepts:

1. The host - a legal entity or an individual (a citizen of Russia or a foreigner residing in the Russian Federation on a permanent basis - with a residence permit), in which a foreign citizen who has arrived from abroad actually lives.
2. Inviting party - a legal entity or individual, government authorities, international organizations and other authorized persons who have the legal right to apply for inviting visa foreigners to the Russian Federation (visa-free foreign nationals do not have an inviting party).

The inviting and receiving party of a foreigner may turn out to be the same person. But these concepts should not be confused.

The problem of spending federal budget funds for deportation and administrative expulsion of foreign citizens from the Russian Federation

So, as you know, at the moment the deportation or administrative expulsion of foreign citizens from Russia is paid by the expelled foreigner himself or by the inviting party (in the absence of sufficient funds from the foreign citizen). If the inviting party is unknown, or it could not be found, the costs are borne by the state. According to representatives of the Russian Ministry of Internal Affairs, only 40-45% of foreign citizens have enough funds and pay for the deportation procedure on their own or at the expense of the inviting party.

The government of the Russian Federation made a simple calculation and was convinced of the need to take measures to save funds from the federal budget. The process of deporting one foreigner costs the country's budget 60-80 thousand rubles. Deportation (expulsion) costs include:

• costs of paperwork;
• buying tickets for the expelled foreigner himself and for the accompanying official (if the situation requires an escort);
• keeping a foreigner in a special institution until the execution of the decision on deportation and administrative expulsion;
• other costs directly related to deportation or expulsion.

Over the previous 5 years, about 500 thousand foreign citizens were expelled. Accordingly, on average, the authorities have spent about 35 billion rubles over the past 5 years to pay for the procedure for the deportation of foreigners.

Important! The funds allocated from the federal budget for the deportation of foreigners are enough for only 1/3 of all foreign citizens staying in special institutions.

New mandatory document for foreign workers

The draft law we are considering prescribes that foreigners should be insured against the risk of deportation and administrative expulsion provided for by the current legislation for committing administrative offenses on the territory of the Russian Federation. The new list of mandatory documents should include an insurance policy purchased by a foreigner upon entering the territory of Russia or at the stage of visa processing. The Russian government decided to oblige foreign citizens to participate in the compulsory insurance program for the risk of deportation or administrative expulsion. In this case, the costs of the deportation / removal procedure will be covered by the insurance companies and not by the authorities.

The policy will have to be purchased for entry and for employment in Russia and have with you throughout your stay in the Russian Federation. It was proposed to establish a minimum insurance amount of 100 thousand rubles. For visa-free foreigners and in cases where the validity period of the policy cannot be established, the policy will be issued for 270 days (180 days + 90 days of stay in the visa-free regime). In other cases, the validity period of the policy will be calculated using the formula:

SDP = SZNIR + 180 days,

Where SDP- the term of the policy;

SZNIR- the period of legal stay of a foreigner in the Russian Federation.

Legislative acts on the topic

Typical mistakes

Error: The Russian government is not going to allocate more funds for the deportation of foreign citizens in the event of the adoption of draft law No. 150363-7.

Any Russian employer may need to apply for a job as a foreigner. The procedure for the employment of citizens from other states is regulated by the relevant federal laws and codes. The rules laid down in legal documents must be strictly observed. Let's figure out how foreign citizens are hired in 2019.

The procedure for applying for work of citizens from abroad differs from the principles of employment of Russians. In order to find a citizen of another country for an enterprise, employers follow certain rules. The procedure for recruiting labor migrants has its own characteristics. And the heads of organizations that hire foreign citizens are required to take them into account.

By 2019, Russia has not adopted a separate law regulating the recruitment of foreign citizens. Although the State Duma has been promising to introduce a unified migration code for several years now. The document will help regulate the procedure for formalizing labor relations with immigrants. Now the rules for the employment of foreigners are scattered across different legislative acts. The legal framework includes:

• Labor Code.
• Tax code.
• Administrative Code.
• Separate orders of the FMS.
• A number of federal laws (on migration registration, on the legal status of foreigners, and others).

In Russia, foreigners include 2 categories of citizens:

1. Persons who have proof of citizenship of another state.

In addition, foreigners are subdivided into:

1. For persons residing in the Russian Federation on a permanent basis (with a residence permit).
2. For persons residing in the Russian Federation on a temporary basis (having a mark on their identity card that allows temporary residence).
3. For persons staying in Russia on a temporary basis (with a visa or migration card, but not a residence permit or a temporary residence permit).

Requirements for a foreign worker

A foreign citizen who is employed in Russia presents to the employer:

1. Personal work permit or patent for migrants.
2. Identity card (certified by a notary).
3. A document confirming your stay in the state legally.
4. Labor book (if available, or the employer starts it).
5. Pension insurance certificate (if the immigrant is employed for the first time, the document is drawn up by the employer).
6. Education diploma or other confirmation of the required qualifications (if necessary).
7. Medical policy or medical insurance contract.

All documents in a foreign language are translated into Russian.

This is a document similar to a work permit. The patent has a series, number, hologram and barcode. It's easier to get it. The paper was introduced to reduce the number of illegal foreign workers. First of all, this applies to visitors from the Near Abroad.

The permitting document is issued by the migration authorities. If a citizen entered Russia without a visa or indicated his purpose of employment at the entrance, he independently applies for paper. In other cases, the employer will do it for him.

A patent is issued at the FMS and its branches for employment with an individual, individual entrepreneur or organization. The document is valid from 30 days to 1 year. To issue a document, an immigrant brings:

• Application asking for a patent (on official letterhead).
• Passport or other identity document.
• Migration card with visa (if available).
• Color photograph 30 × 40 mm.
• Medical insurance policy or an agreement with an organization for the provision of paid medical services.
• Medical certificates:
  • Certificate of absence of HIV and other dangerous diseases.
  • Certificate of absence of alcohol and drug addiction.
• Payment for the transfer of state duty (copy).
• Results of the level of knowledge of the Russian language, history and fundamentals of the legislation of the Russian Federation:
  • Corresponding certificate. It is valid for 5 years.
  • Documents on the state certification successfully passed on the territory of Russia (after September 1991).
  • School certificate (obtained in one of the states of the former USSR).

• Education diploma (preferably).

The timing

Each application is considered for 10 days. After this period, the migrant worker will receive a patent or a notice of refusal. The notice is handed over to the applicant personally upon presentation of the passport. A ban on employment may be challenged through a court or migration authorities. The appeal is filed within 3 days after receiving the notice.

In case of a positive decision, the citizen gets a job. Renewal of the patent is not provided. When the document expires, its owner is obliged to leave the country. Then he re-enters the Russian Federation and is employed again.

Important! The law allows migrants to apply for a patent within 1 month from the date of entry. Otherwise, foreigners will have to pay a fine - from 10 to 15 thousand rubles.

Grounds for revocation of a patent

• Its holder or employer is involved in labor duties of third parties.
• The owner of the paper poses a threat to the security of the state and its citizens.
• The holder of the document is involved in terrorist activities.
• The citizen was previously expelled from the Russian Federation.
• The foreigner has provided forged documents or false information about himself.
• The immigrant has been convicted of an act or has an outstanding criminal record.
• The patent holder violates Russian laws.
• The holder of the document has left the country for permanent residence or has been abroad for more than 6 months.
• The holder of the paper did not provide all the documents or did not pay the state fee.

Features of employment in the Russian Federation

Who does not apply for a patent or work permit

The procedure for the employment of migrants exempts from obtaining a work permit:

• Foreigners with temporary or permanent residence permits.
• Participants of the program for the voluntary resettlement of compatriots and their families to the Russian Federation. Moreover, the income of such foreigners is immediately taxed at a 13 percent rate.
• Employees of diplomatic missions.
• Employees of enterprises assembling and installing equipment supplied or manufactured by a foreign organization.
• Students working in their free time (for example, during vacations).
• Teachers and researchers.
• Employees of representative offices of legal entities accredited in Russia.

It looks like a patent for a job

Requirements for the employer

When applying for an immigrant, an employer must obtain a permit from the employment service. This is a conclusion confirming the justification of the employment of a foreigner. Authorized bodies issue such a document for 1 year. In some cases, the paper can be extended.

When applying for a job for a foreign citizen who entered the Russian Federation legally without a visa, such a permit is not required.

Stages of registration of employment

It is not enough for an employer to simply make a request and automatically obtain a work permit for an employee. It takes some effort to hire a foreigner. In particular, the organization provides additional information:

• About company.
• About the number of foreign workers.
• On the specialties and positions of workers.

Process features

Step 1... Contact the employment service. This can only be done after an unsuccessful search for suitable candidates among the indigenous Russian residents.

Step 2... Prove the feasibility of hiring an immigrant.

Step 3... Apply for the need for a foreign employee.

Step 4... Obtain a permit to attract a foreign citizen to work.

Step 5... Obtain a work permit for an immigrant.

Step 6... Make an invitation for a foreigner.

Step 7... Put the future employee on the migration register.

Step 8... Conclude an employment contract with a new employee.

Documentation

To apply for work for foreigners who have entered on a visa, the following are submitted to the migration service:

• Statement.
• Work permit for foreigners.
• Conclusion from the employment service confirming the feasibility of using labor migrants.
• Documents for a potential employee:
  • The passport.
  • The document by which a foreigner stays in the country.
  • Medical insurance policy.
  • Color photograph 30 × 40 mm.
  • Diploma of education.
  • Receipt for payment of state duty.

At the request of the employer, the following are added to the set of papers:

1. For legal entities:
   • Certificate of amendments to the Unified State Register of Legal Entities.
   • Confirmation of tax registration.
2. For individual entrepreneurs (copies of documents):
   • Extract from the Unified State Register of Individual Entrepreneurs,
   • Identification.
   • Registration at the place of residence.
   • Confirmation of registration with the tax office.

Sample extract from the State Register

Nuances

A work permit is issued for up to 1 year. Neither the employer nor the employee has the right to transfer it to another legal entity or individual. Employees are employed only in a company that has received permission.

All employed foreigners are subject to migration registration. Having recruited a citizen, the employer notifies the FMS department at the location of the company. This must be done 3 days after the conclusion of the contract. The notification is being completed. In case of dismissal of an immigrant, the migration authority is also notified.

This is what the notification form looks like

Recruitment

A foreigner applying for a job writes an application for admission, like Russian employees. Application forms do not differ. The employment order is issued in a standard form, as for citizens of the Russian Federation.

Sample employment contract

When concluding a contract with a foreigner, the employer complies with more conditions than when hiring a Russian. The following are entered into the paper:

• Information about the document on the basis of which the citizen is in the country:
  • Date of issue.
  • Series and number.
  • Validity.
  • By whom the document was issued.
• Details of a health insurance policy or an agreement on the provision of medical services to a foreigner.

An employment contract is concluded only in Russian or in the languages ​​of both parties. To comply with the interests of both the employer and the employee, experts advise the second option. Another important condition when drawing up a contract is that the validity of the document does not exceed the period of the employee's stay in Russia.

Features for Belarusians

Many labor migrants have limited rights compared to native Russians. The exception is made by immigrants from Belarus. In matters of employment, visitors from the republic are equated with citizens of the Russian Federation. This means that when applying for a job, Belarusians submit the same documents as residents of the Russian Federation:

• The passport.
• Employment history.
• Insurance certificate.
• Military ID (if available for men).
• Diploma of graduation (if necessary).
• Photo (if required).

The Belarusians are not subject to quotas for other labor migrants. In addition, the employer is exempt from the need to issue a work permit.

Employment of students

Russian employers have the right to hire employees from among foreign students:

• Those receiving secondary or higher education.
• Full-time students.
• Those receiving vocational education according to the programs of the selected courses with state accreditation.

In this case, a work permit is issued for a maximum of 1 year. Plus, the work is limited to the same constituent entity of the Federation where the studies take place. ba.

Quota for foreigners

In 2019, quotas for labor migrants continue to operate in the Russian Federation. The government determines the allowable share of foreign workers. The restrictions, in particular, affected:

• Workers involved in growing vegetables in a number of regions (the permissible percentage of foreigners is half of the total number of workers).
• Alcohol sellers in specialized stores (no more than 15% of immigrants).
• Sellers of tobacco products in specialized stores (15%).
• Land passenger transport workers (40%).
• Truck drivers (35%).
• Sports figures (25%).

In addition, in 2019, quotas were not allocated for:

• Drug sellers.
• Traders in the markets.
• Retail workers.

However, restrictions do not apply to a number of professions. The list of such specialties is reviewed annually by officials. The list is adjusted depending on the labor market. Foreigners have the right to work without quotas in the following industries:

• Creative environment:
  • Correspondent.
  • Leading.
  • Drama actor.
  • Circus artist.
  • Ballet dancer.
  • Orchestra member.
  • Director, assistant director.
  • Production designer.
  • Choreographer.
  • Choreographer.
  • Conductor.
• Technical area:
  • Sound engineer.
  • Technician-technologist.
  • Electrical Engineer.
• Scope of management:
  • Director, CEO of the company.
  • Head of JSC.
  • Head of department.

Qualified employees

In addition, quotas do not apply to highly skilled workers. These are people with a high level of knowledge, skills and achievements. Their annual wages exceed 700 thousand rubles. The employer is not required to obtain a work permit for this category of citizens. The following organizations have the right to employ highly qualified workers:

How foreigners can work in Russia

• Commercial.
• Scientific.
• Whose activities are aimed at the implementation of innovative, experimental or scientific and technical developments.
• Educational (except spiritual).
• Medical institutions.
• Branches of foreign organizations with accreditation in Russia.

For the employment of highly qualified employees, the employer prepares a package of documents:

• Permission to attract a foreigner to work.
• Work permit with a full set of related documents.
• The constituent documents of the organization.
• Application in the prescribed form.
• Work contract.
• A letter guaranteeing reimbursement of expenses to the state (if the specialist is deported).
• Color photograph 30 × 40 mm.
• State duty payment.

The decision is made within 2 weeks. If a specialist finds a job for a maximum of 3 months, it is not required to register with the FMS.

Where a foreigner is not allowed to work

Legal regulations prohibit immigrants from working in certain industries. In 2019, a foreigner will not be allowed to:

• Carry out state and municipal service.
• Work in organizations that ensure the security of the state.
• Work in the field of nuclear production and disposal.
• Build aircraft and ships.
• Hold command positions in aviation and on ships.
• Maintain accounting in the organization (only immigrants with a temporary residence permit or residence permit are allowed).

Sanctions for violations

The responsibility of employers for the employment of illegal immigrants has been seriously tightened. Persons who violate the established procedure for applying for a job shall pay a fine. In 2019, it ranges from 25 to 50 thousand rubles (for officials) and from 250 to 800 thousand rubles (for legal entities). In some cases, the activities of the organization are suspended for 3 months. Foreign workers will be obliged to pay a fine (from 2 to 5 thousand rubles) and deported from Russia.

Russia is in second place in the world in terms of the number of working migrant workers. Up to 1 million citizens of other states are officially employed on the territory of the country every year. The peculiarities of Russian legislation regarding the recruitment of foreigners are quite simple. It is only important to follow the rules and follow the letter of the law.

In the process of searching for new employees, it is not always possible to find a suitable candidate. But what if a suitable applicant is from another state? The main rules for hiring foreign citizens are contained in the Labor Code Chapter 50.1 (hereinafter referred to as the Code), Law No. 115-FZ dated July 25, 2002 (hereinafter referred to as the Law) and Law No. 357-FZ dated November 24, 2014 (as amended by 03/08/2015). For this category of employees, registration will take longer than for Russians. In the process, the employer will need to collect a lot of documents and visit different authorities so that a foreign citizen can start performing his work duties.

What are the restrictions when hiring foreigners?

Citizens from other states have the right to choose a profession or position from a fairly wide list. But still, there are certain restrictions that relate to the admission of foreign employees to perform certain types of activities. The Decree No. 755 of 11.10.2002 approved the list of organizations and facilities in which this category of citizens is not allowed to work. In addition, there are a number of positions that they are also prohibited from holding. Among the main places where a foreign worker is prohibited from entering, it should be noted:

In this article, you can learn more about how to hire a minor:

• enterprises that are engaged in ensuring the security of the Russian Federation,
• organizations of the Armed Forces of the Russian Federation (participation in military formations),
• civil aviation (command of ships),
• municipal as well as state service,
• organizations that are engaged in ensuring the safety of state secrets or are indirectly related (use) information that is a state secret,
• enterprises with nuclear or radiation production, as well as those involved in the storage, operation, transportation and disposal of these products.

Foreign citizens: design features

When hiring some categories of citizens who do not have Russian citizenship, it is necessary to obtain a special permit. This obligation does not apply to everyone. A work permit is a document confirming the right to carry out activities on the territory of the country. It is issued in a limited number, as well as an invitation to enter.

The legislation contains a list of professions for which there is no limit. Order of the Ministry of Labor No. 768n dated 12/20/2013 approved the list of specialties. This list includes 70 professions. Among them:

• aircraft technicians,
• opera, ballet, orchestra, circus artists (including conductors, presenters, choreographers, choreographers),
• assistant director and production designer,
• general directors of joint-stock companies, associations (including production ones), enterprises,
• chief engineers,
• directors of joint stock companies, departments, factories, associations, enterprises, representative offices, factories, branches, firms,
• sound engineers,
• sound technicians,
• engineers (aviation, new technologies, information security),
• correspondents (including publishing houses, editorial offices of magazines and newspapers),
• programmers,
• directors,
• technicians (technologists, drilling, adjustment),
• production designers.

When hiring foreign citizens, there is no need to issue a permit for a number of persons (Article 13, paragraph 4 of the Law). These include:

• persons who live in the Russian Federation permanently or temporarily,
• consular officers,
• employees of diplomatic missions,
• persons participating in the program to facilitate the resettlement of Russians living outside the Russian Federation,
• journalists accredited in the Russian Federation,
• employees of international organizations,
• to persons studying in the Russian Federation when working in their free time or on the territory of an educational institution,
• representatives of foreign manufacturers and suppliers,
• teachers and scientists who were invited to carry out teaching activities.

When hiring refugees, a permit is also not required. On these grounds, foreign citizens can be conditionally divided into 2 groups. For the former, permission is not required. When registering them, the general procedure is used, according to which citizens of Russia are hired: an employment contract is concluded, a work book is opened (if it did not exist before) and the rest of the requirements of the Labor Law are observed. For the second group, you need to issue a permit before concluding a contract.

Depending on the state where the citizen came from, there are two categories of workers who are citizens of countries with a visa-free regime or with a visa regime of entry. The status of a foreigner determines the procedure for applying for a job. There are three of them:

• permanent residents who have a residence permit,
• temporarily staying who work on a migration card or visa,
• temporary residents who have a residence permit in the country.

Before drawing up an employment contract, you must prepare 2 packages of documents. They, in the manner prescribed by law, will help to issue the permits required for interaction with foreign citizens. Documents are sent to receive:

• permission to use and attract citizens from other countries as workers,
• permission to perform work on the territory of the country for a foreign citizen.

What documents are needed to obtain a work permit?

The employer needs a permit. It will provide an opportunity to register foreign workers at the enterprise. The law establishes a list of mandatory papers for submission:

• an application for the issuance of a permit to the employer to use and attract foreign citizens. Its form is established by Order No. 1/4/1/2 of 11.01.2008. The form is filled in in block letters and in Russian, you can create and fill it out electronically,
• documents that confirm a preliminary agreement on the intention or conditions of attracting a foreign citizen (for example, a draft agreement),
• document confirming the payment of the state duty. This year, an amount equal to 10,000 rubles is paid for each employee involved.

If desired, the employer or his representative may submit the following documents. The law does not oblige him to do this, since they relate to data that are under the jurisdiction of state bodies (according to law No. 210-FZ of 27.07.2010, article 7 of part 1, paragraph 2). Legal entities registered in the Russian Federation can be provided with copies of the documents listed below:

• certificates of amendments to the Unified State Register of Legal Entities,
• registration certificate (tax).

For individual entrepreneurs, their own list of documentation has also been established:

• copy of the certificate of registration in the USRIP,
• a copy of an individual entrepreneur's identity document,
• a copy of the document confirming the place of registration of the individual entrepreneur,
• a copy of the registration certificate.

Foreign legal entities can also be provided with a list of documents. Copies of the permission to open a representative office and the following certificates are submitted:

• about the registration of the legal entity,
• about opening a branch,
• on registration with the tax authorities of the Russian Federation,
• on the accreditation of the branch,
• on the accreditation of the representative office.

The procedure for obtaining a work permit for a foreigner and the necessary documents

A foreign worker needs to fill out a migration card when crossing state borders. To obtain a permit, you must contact the Federal Migration Service or a territorial office. The representative of the organization in which the foreigner is going to get a job must provide an established list:

• an application for a work permit, which is drawn up for each foreign worker. Its form is established by Order No. 370 of 25.12.2006. The form must be filled in block letters in Russian, it is permissible to create and enter data in electronic form,
• a photograph of a foreign person 3 × 4 cm (mandatory - color),
• a copy of the document that certifies the identity of a foreign citizen,
• copies of documents on education (professional), existing qualifications that were obtained in another state, or a certificate that corresponds to the received documents with Russian diplomas of professional education,
• medical certificates, which must contain notes that the foreign citizen does not suffer from drug addiction and infectious diseases (including Hansen's disease (leprosy), syphilis, tuberculosis, chancroid), and a certificate of the absence of HIV infection,
• document (receipt) on payment of state duty - 3,500 rubles (for each),
• a copy of the entry permit.

All these copies of documents are notarized (in the absence of originals). If they are drawn up on the territory of another country, then they must be legalized in accordance with the established procedure through the consulate or diplomatic mission of the Russian Federation abroad.

If the language of preparation of the documents differs from Russian, then a translation must be attached to them, which will be notarized.

You must also submit one of the following documents to obtain permission. It will confirm the level of knowledge of the Russian language, as well as the basics of the legislation of the Russian Federation and its history,

• a certificate that testifies to a certain level of the Russian language, knowledge of the basics of legislation and the history of the country (RF),
• documents on the successful completion of state certification on the territory of the Russian Federation from 1.09.1991, which will confirm the education and qualifications of the employee,
• a certificate of basic general education, which was obtained on the territory of the states that were part of the USSR until 09/01/1991.

According to Law No. 210-FZ of July 27, 2010 (Article 7 of Part 1 of Clause 2), government agencies are not entitled to require the provision of information or documents that are in their jurisdiction.

The procedure for applying for work for citizens of the CIS and foreigners temporarily or permanently residing in the Russian Federation

The easiest way is to hire citizens from the CIS countries or foreigners who live in the territory of the Russian Federation temporarily or permanently. For them, the registration procedure is the same as for Russian citizens. You do not need to obtain permits for their employment. When registering permanently residing citizens, it is necessary to request a residence permit and check the validity period. It is issued for a five-year term and can be renewed. A residence permit allows you to work without restriction throughout the territory of the Russian Federation.

For temporarily residing foreigners, the area of ​​work is narrowed down to the region where they are registered. carried out in general mode. No restrictions have been established for citizens of the Republic of Belarus. In labor relations, this category of citizens is equated with Russians. The recruitment process is carried out on general terms. They have the right to issue a work book (this can be done by an employer who is a citizen of Russia). For citizens of Belarus, such a registration procedure became possible after the adoption on June 22, 1996 of Decision No. 4 and the Agreement of December 25, 1998 "On Equal Rights of Citizens."

Expert opinion

Maria Bogdanova

Over 6 years of experience. Specialization: contract law, labor law, social security law, intellectual property law, civil procedure, protection of the rights of minors, legal psychology

It is worth saying that citizens from countries that are members of the Eurasian Economic Union who come to Russia for employment or to do business receive the largest number of benefits and privileges (for example, migration registration has been simplified for them, there is no need to obtain a labor patent).

For citizens from the EAEU countries, a simplified procedure is provided for everything. There is no need to legalize documents for obtaining a specialty. The procedure for employment for persons from the aforementioned Belarus, Kazakhstan, Armenia and Kyrgyzstan is similar in relation to Russians, but nevertheless, they remain foreign citizens, i.e. the employer must notify the tax authorities and migration services about the conclusion of an employment relationship with them.

The procedure for registration of temporarily staying citizens

The FMS sends a notice of the admission of a foreign worker; permission is obtained. When applying for a job, an application for the issuance of an invitation to enter a foreign employee is drawn up on the basis of the obtained permit. After the arrival of a foreign worker, in accordance with Article 20 of the Law of 18.06.2006 No. 109-FZ, this fact is reported to the migration registration authority. If a citizen temporarily stays on the territory of the Russian Federation without a visa, then in accordance with the changes that came into effect on 01.01.2015, he can work under a patent that replaced the permits, and its validity period is three years.

The procedure for registration of foreign employees from states with a visa regime

To begin with, a permit is obtained to hire a foreign worker. After receiving personal permits for each employee, they are given on a list. Then you can start registering employees at the place of stay and concluding an employment contract. Since 2015, the tax office has not been required to admit foreign employees.

It is imperative to include in the employment contract information about the permit or patent of a foreign worker, medical insurance policy, type of residence or temporary residence permit.

Documents required when applying for a job

Details about the documents that are required when applying for a job:

After all the issues regarding obtaining visas or permits have been settled, you can proceed to the direct conclusion of an employment contract. The procedure does not differ from that established for citizens of Russia. Articles 327.3 and 65 of the Code establish a list of documents used in employment. Among them:

• a document that will prove the identity of the candidate (passport or other documents with a photo),
• an agreement on voluntary medical insurance, which is valid on Russian territory (it must ensure the provision of emergency medical care to a citizen),
• work permit or, in some cases, a patent,
• a residence permit, in a situation where an agreement is concluded with stateless persons or temporarily residing in the Russian Federation,
• residence permit, when concluding an agreement with a stateless person or a foreign citizen who permanently resides in the Russian Federation.
• work record book (except for a situation when they are hired for the first time),
• pension certificate (when applying for a job for the first time (did not work before), this certificate is drawn up by the employer),
• documentation confirming qualifications and education - certificates, diplomas or certificates.

In addition to those listed in the Code and other legal documents, the employer should not require any additional papers. When drawing up an employment contract, foreign citizens do not need to submit military registration documents, except for cases established in legislation or in international treaties. The recruitment procedure is the same for both Russian and foreign citizens. After the conclusion of the contract, the new employee can start performing his duties.

After the conclusion of the contract, within three days, the FMS and the Employment Service of the population must be notified of the conclusion of the contract with a foreign citizen.

Consequences in case of violation of established norms

When hiring foreign workers, it is necessary to observe the procedure for registration and regulation of their labor activity. Penalties are foreseen for failure to comply with the requirements. If the employee does not have a work permit, then the employer is fined, the amount of which is 250,000 - 800,000 rubles, for the official who committed the violation the amount is 25,000 - 50,000 rubles. If the employer does not have permission to use the labor of foreign persons, then the monetary penalty is the same as in the first case. Responsibility for illegal attraction is considered in relation to each employee (the amount of the fine is multiplied by the number of employees).

• pension - 22%,
• medical -5.1%,
• from industrial injuries (according to the class of occupational risk).

Foreign workers are not exempted from paying personal income tax.

Hiring foreign citizens imposes certain obligations on both the manager and the enterprise as a whole. This is a crucial step that requires compliance with the requirements established by law. In addition to the large number of documents that will need to be processed, it is important to take into account that this process takes a lot of time. When deciding to hire a foreign employee, it is important to think carefully about the need to attract this category of employees.

Video - "Hiring foreign citizens"