Major amendments to the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" № 115-FZ of 25.07.2002 July 2023 - March 2024.

Changes to Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” No. 115-FZ dated July 25, 2002 (hereinafter referred to as Law No. 115-FZ), which came into effect on July 10, 2023. The amendments were introduced by Federal Law No. 316-FZ dated July 10, 2023.

1. Highly qualified specialists and Their Family Members:

1) Family members of highly qualified specialists must now undergo a medical examination within 30 calendar days from the day of the decision to extend the validity period of the work permit for highly qualified specialists or from the day of entry into the Russian Federation, if at the time of such decision they were outside its borders (paragraph 3 of Article 5, paragraph 19 of Law No. 115-FZ). The requirement for family members of highly qualified specialists to undergo a repeat medical examination after one year from the date of their initial medical examination is also removed (paragraph 2 of Article 5, paragraph 19 of Law No. 115-FZ).
For the extension of the work permit for highly qualified specialists, it is no longer necessary to provide documents related to migration registration (subparagraph 5 of paragraph 17.2 of Article 13.2 of Law No. 115-FZ has been repealed). Please note that the process of mandatory migration registration itself remains unchanged and is required under specific conditions.

2. Work permits (sent to work in branches, representative offices, and subsidiaries of foreign commercial organizations registered in the territories of member states of the World Trade Organization (WTO) located on the territory of the Russian Federation:

When applying for a work permit, instead of a copy of a valid medical insurance contract (policy) concluded by a foreign citizen with an insurance organization or a foreign insurance organization authorized under insurance legislation to provide voluntary medical insurance in the Russian Federation, information about it can be provided in the form of an electronic document (subparagraph 9 of paragraph 9 of Article 13.5 of Law No. 115-FZ).

3. Patents:

To obtain a patent to work on the territory of the Russian Federation:
Instead of a valid medical insurance contract (policy) for the territory of the Russian Federation, information about it can be provided in the form of an electronic document (subparagraph 4 of paragraph 2 of Article 13.3 of Law No. 115-FZ);

It is no longer necessary to provide documents related to migration registration (subparagraph 8 of paragraph 2 of Article 13.3 of Law No. 115-FZ has been repealed). Please note that the process of mandatory migration registration itself remains necessary under specific conditions.

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Changes to Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” No. 115-FZ dated July 25, 2002 (hereinafter referred to as Law No. 115-FZ), entering into force on January 7, 2024.

The amendments were introduced by Federal Law No. 316-FZ dated July 10, 2023.

1. Foreign students studying in educational or scientific institutions:

An additional notification to the territorial authority of the Russian Ministry of Internal Affairs by educational or scientific organizations regarding the granting of academic leave to a foreign citizen is introduced within 3 working days from the issuance of the directive on granting them academic leave.
It is clarified that the 3-day period for notifications of expulsion of foreign students begins from the day of issuance of the directive on granting them academic leave or their expulsion. (paragraph 9 of item 7 of Article 5 of Law No. 115-FZ).

2. Highly qualified specialists and their Family Members:

• Temporary Residence Permits (TRP) for Highly qualified specialists (and their family members) are issued without a limited duration to those who engage in work activities in the Russian Federation as highly qualified specialists for at least 2 years, and to their family members provided that these highly qualified specialists and their family members reside in Russia based on the TRP issued for highly qualified specialists. During this specified period of employment of such highly qualified specialists, the employer (or service recipient) must calculate, withhold, and remit taxes to the budgetary system of the Russian Federation in accordance with Russian tax legislation (paragraph 6[i] of item 3 of Article 8, paragraph 34 of Article 13.2 of Law No. 115-FZ).
• When applying/extending the TRP for Highly qualified specialists for the purpose of extending their temporary stay in Russia, as well as for issuing an invitation for their entry into Russia for work purposes, the employer (or service recipient) has the right to provide copies of the employment contract (or civil contract for work/services), authenticated by the employer (or service recipient), or their originals – at their discretion. (subparagraph 2) of item 6, subparagraph 2) of item 17 of Article 13.2 of Law No. 115-FZ).
• The form of the petition for attracting Highly qualified specialists will change. The form will be determined by the Russian Ministry of Internal Affairs (not adopted as of now) (item 7 of Article 13.2 of Law No. 115-FZ).
• In case of early termination of the employment contract (or civil contract for work/services) with a Highly qualified specialist, the deadlines for leaving Russia will change, as well as the validity periods of the TRP, visas, and Temporary Residency Permits (TRP) for Highly qualified specialists (and their family members): 30 calendar days (instead of 30 working days) from the expiration of 30 working days from the date of contract termination (if a new contract is not concluded) or from the date of rejection of the petition of the new employer (or service recipient) for attracting the said Highly qualified specialist. (paragraph 3 of item 11 of Article 13.2 of Law No. 115-FZ).
• TRP for Highly qualified specialists in 2 or more subjects of the Russian Federation: It is clarified that the TRP for Highly qualified specialists covering the territories of several subjects of the Russian Federation is issued when they engage in work activities in separate units of an organization, including branches or representative offices of a legal entity, located outside the subject of the Russian Federation where the employer (or service recipient) is located, or by interdependent entities (excluding individuals) located in the territories of 2 or more subjects of the Russian Federation. To apply for such TRP for Highly qualified specialists, one should refer to the Russian Ministry of Internal Affairs or the territorial authority of the Russian Ministry of Internal Affairs at the location of the employer (or service recipient) (subparagraphs 2-3 of item 12, item 18 of Article 13.2 of Law No. 115-FZ).
• Timelines for obtaining ready-to-use new/extended TRP for Highly qualified specialists: a deadline is set for Highly qualified specialists to approach the Russian Ministry of Internal Affairs/its territorial bodies that issued the TRP within 30 calendar days from the date of the decision to issue the TRP. This is now the obligation of Highly qualified specialists.
  12.10.2023 According to information from the Main Department of the Ministry of Internal Affairs for St. Petersburg and Leningrad Oblast: the period of 30 calendar days for personal receipt of HQS work permit in the Ministry of Internal Affairs will be counted from the date of actual receipt of documents for initial registration, amendment (correction) and extension of HQS work permit.

In case of valid reasons, the employer (or service recipient) has the right to submit a request to the Ministry of Internal Affairs within the aforementioned 30-day period for obtaining the TRP for Highly qualified specialists at a later date, which cannot exceed 30 calendar days from the date of receipt of such a request by the Ministry of Internal Affairs. (paragraphs 3-4 of item 15 of Article 13.2 of Law No. 115-FZ).
TRP for Highly qualified specialists that are not obtained within the specified timelines will not be issued, and decisions on issuing such work permits will be canceled (item 32 of Article 13.2 of Law No. 115-FZ).

Highly qualified specialists and their family members, who do not have any other legal basis for staying (residing) in Russia, are required to leave Russia within 15 calendar days from the expiration of the periods provided for obtaining the TRP for Highly qualified specialists. The visas issued to Highly qualified specialists and their family members become invalid after the specified 15 calendar days. (item 33 of Article 13.2 of Law No. 115-FZ).

• Employer’s (or service recipient’s) Responsibilities:

A ban on employing Highly qualified specialists for a period of 2 years will also be established by the Russian Ministry of Internal Affairs/its territorial bodies if the employer/service recipient fails to submit to tax authorities, within 6 months following the reporting period, information about the calculated, withheld, and remitted amounts of personal income tax with regard to Highly qualified specialists or submits counterfeit or false information about the calculated, withheld, and remitted amounts of personal income tax with regard to Highly qualified specialists. (subparagraph 3) of item 26, item 26.1 of Article 13.2 of Law No. 115-FZ).
For the purpose of monitoring compliance with the conditions for attracting and using Highly qualified specialists, tax authorities, upon request of the Ministry of Internal Affairs, provide “information on the received amounts of income of Highly qualified specialists” (previously referred to as “information about the calculated and remitted amounts of personal income tax with regard to Highly qualified specialists”) (item 28 of Article 13.2 of Law No. 115-FZ).

3. Invitations:

It is stipulated by law that the issuance of invitations is carried out with the submission of documents as part of the petition, the list of which is established by the Russian Ministry of Internal Affairs. As of now, the list of documents is stipulated in the Administrative Regulations of the Russian Ministry of Internal Affairs for providing the state service for processing and issuing invitations for entry into Russia for foreign citizens and stateless persons, approved by the Order of the Ministry of Internal Affairs of Russia dated September 29, 2020, No. 677).

4. Patents:

• Notifications:

Instead of submitting an employment contract/civil contract for work (services) to the territorial authority of the Russian Ministry of Internal Affairs by a foreign citizen who is employed based on a patent, the foreign citizen must within 2 months from the date of patent issuance personally submit, send by registered mail with acknowledgment of receipt, or submit electronically through the unified portal of state and municipal services to the territorial authority of the Russian Ministry of Internal Affairs that issued the patent, a notification of engaging in work activities.

The notification must be accompanied by a copy of the employment contract/civil contract for work (services) concluded between the employer/service recipient and the foreign citizen. Alternatively, the notification should include information about the civil contract for work (services) in case it is concluded orally.

The form and procedure for submitting the notification are approved by the Russian Ministry of Internal Affairs, but as of now, they have not been adopted. (paragraphs 1, 3-4 of item 7 of Article 13.3 of Law No. 115-FZ).

In case of failure to provide the notification and a copy of the contract, the patent is not issued or reissued, and the issued patent is canceled by the territorial authority of the Russian Ministry of Internal Affairs (subparagraph 4 of item 22 of Article 13.3 of Law No. 115-FZ).

• Reissuing the Patent:

Instead of the existing health insurance contract (policy) valid in the territory of the Russian Federation, information about it can be provided in the form of an electronic document (subparagraph 5 of item 9 of Article 13.3 of Law No. 115-FZ).
[i] In fact, paragraph 7 is replacing paragraph 6, but the reference in the text of the law is to the 6th paragraph.

Changes to Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” No. 115-FZ dated July 25, 2002 (hereinafter referred to as Law No. 115-FZ), entering into force on March 1, 2024.

The amendments were introduced by Federal Law No. 316-FZ dated July 10, 2023.

1. Highly qualified specialists (HQS):

According to the general rule (with some exceptions), the minimum wage threshold for recognizing a foreign citizen as a Highly Skilled Migrant according to Article 13.2 of Law No. 115-FZ will be increased from 167,000 rubles per month to 750,000 rubles for a quarter (subparagraph 3 of item 1 of Article 13.2 of Law No. 115-FZ).
12.10.2023 According to information from the Main Department of the Ministry of Internal Affairs in St. Petersburg and Leningrad Oblast: the amount of wages in the new statutory minimum will be taken into account when accepting notifications on the fulfillment by employers and customers of works (services) of obligations to pay wages (remuneration) to a foreign citizen (stateless person) – HQS already for the 1st quarter of 2024! Thus, we recommend to bring the salary/remuneration of a foreign citizen (stateless person) to the minimum from 01.01.2024 by making appropriate amendments to the labor/civil contract with him/her.