New notification forms for foreign employees and highly qualified specialists

Decree No. 536 issued by the Russian Ministry of Internal Affairs on June 30, 2020 approving the application forms for hiring foreign nationals (stateless citizens) as highly qualified specialists and the procedure for filling them out as well as the forms and procedures for notifying the Russian Ministry of Internal Affairs or its local office of the performance of work by foreign nationals (stateless citizens) in the Russian Federation entered into force on January 1, 2021 (document on the official legal information internet portal).

The forms for notification of conclusion of employment and civil law contracts with foreign nationals have changed as well as those for notification of salary payment to highly qualified specialists (HQS) and application forms for hiring HQS. The procedures for their submission have also changed.

Notifications of fulfillment of obligations to pay salaries to HQS for Q4 2020 must be submitted on the new form (6) in compliance with the new procedure. The deadline for submission of these notices is January 29, 2021.

The old forms and procedures no longer apply (Government decree).

Control

Update as of 21.09.2021 In order to verify information provided by employers migration authorities can request tax information from the Federal Tax Service. The procedure is specified in the order of the Ministry of Interior. According to the order the request has to contain:

• year
• information about HQS:
  • first name, last name, middle name
  • date of birth
  • tax ID
• information about employer:
  • tax code
  • registration ID

As a response the Federal Tax Service has 5 days to respond. The response will contain:

• Tax ID of HQS
• Tax ID of employer
• Sum of income tax calculated
• Sum of income tax paid

Fines

Fines for non-compliance with these requirements (violation of notification procedures, notification on incorrect (or old) forms, failure to submit notification) are provided for in Article 18.15 of the Code of Administrative Offenses and may reach RUB 1,000,000 in some cases with possible suspension of activities for up to 90 days.

Other related materials

• March 17, 2020 Cancellation of employment contract with foreign national HQS. Risks for employer
• August 26, 2020 Procedure for HQS entry under COVID-19 restrictions 

1. Application to hire foreign national (stateless citizen) as HQS

The form can be completed by hand or directly in Excel. Abbreviations (except for the name of a legal entity) cannot be used, and it is not allowed to correct, delete anything, or use a correction pen, etc. The Latin alphabet may be used to provide passport details as indicated in the passports of foreign nationals.

We recommend printing the application on both sides of a single sheet of paper. In case of multi-page applications, according to the established procedure, the pages must be numbered and stitched together, and the number of stitched pages must be indicated on the back with the signature, surname and initials of the person submitting the application.

2. Notice of employment of foreign national (stateless person) by an organization providing recruitment services for foreign nationals (stateless persons) in the Russian Federation

A notice of employment must be submitted for each foreign national hired. This may be done as follows: (i) either by going to the regional office of the Department for Migration Issues of the Ministry of Internal Affairs and submitting the notice in person, or (ii) by sending the notice by registered mail with acknowledgement of receipt and a list of enclosures.

The established procedure sets out that:

• Organizations must notify the employment of foreign nationals to the regional office of the Department for Migration Issues of the Ministry of Internal Affairs within 3 working days of the date of employment;
• If there is not enough space in a particular field of the notice of employment, an additional page/additional pages may be filled out and attached to the notice of employment(3).

In case of multi-page notices, the pages must be numbered and stitched together, and the number of stitched pages must be indicated on the back with the signature, surname and initials of the person submitting the notice.

According to the procedure, the regional offices of the Russian Ministry of Internal Affairs may allow district offices to accept notices of employment. In this case, such decision must be published on the website of the Ministry of Internal Affairs of the region within 3 days of its adoption together with a list of district offices of the Ministry of Internal Affairs to which notices may be submitted.

3. Details of foreign national for whom a notification is submitted

Upon receipt of notices, the following will be checked:

1. Whether all the notifice fields are filled out correctly;
2. Whether identity and authority documents are authentic.

If the following is found:

• Inaccurate data;
• Errors;
• Improper document completion and submission;

Then a report will be submitted to the head of department “for decision-making purposes”.

4. Record log of notices of employment of foreign nationals (stateless persons) in the Russian Federation submitted by an organization providing recruitment services for foreign nationals (stateless persons) in the Russian Federation

The receipt of notices is recorded in a log. A registration number and date of receipt are also stamped on the notice by the officer who received it.

Data from all received notices must be entered in the electronic information systems of the Ministry of Internal Affairs within 3 working days.

5. Acknowledgement of receipt of notice of employment of foreign national

After receipt of notices of employment, an acknowledgement of receipt is handed over but only when notices are submitted in person. When notices are sent by registered mail, the dispatch documents and list of enclosures serve as evidence of notification.

6. Notice of fulfillment by employers and customers of work (services) of obligations to pay salary (fee) to foreign national (stateless person) HQS

These notices must be submitted to the department of the Ministry of Internal Affairs that has issued the work permit to the relevant HQS. This must be done no later than the last working day of the month following the reporting quarter.

Abbreviations (“except for official ones “) and corrections are not allowed.

“If there is not enough space in a particular field of the notice of salary payment, an additional page may be used.”(7)

In case of multi-page notices, the pages must be numbered and stitched together, and the number of stitched pages must be indicated on the back with the signature, surname and initials of the person submitting the notice.

Notices may be submitted as follows:

• In person on paper;
• By registered mail with acknowledgment of receipt and list of enclosures;
• Through state services and possible other systems and websites. When notices are sent electronically, an enhanced qualified digital signature must be used. As worded in the procedure: “in electronic form using public information telecommunication networks, including the internet and the federal state information system Single Portal for State and Municipal Services (functions).” 

The function of receipt of notices may be delegated from the regional departments to the district departments of the Ministry of Internal Affairs. In this case, the Ministry of Internal Affairs of the region must publish on its website a list of district departments to which this function has been transferred. This must be done within 3 working days of the adoption of such decision.

7. Details of foreign national (stateless person) — highly qualified specialist for whom a notification is submitted

Upon receipt of notices, the following will be checked:

1. Whether all the notifice fields are filled out correctly;
2. Whether identity and authority documents are authentic.

If the following is found:

• Inaccurate data;
• Errors;
• Improper document completion and submission;

Then a report will be submitted to the head of department “for decision-making purposes”.

8. Record log of notices of fulfillment of obligations to pay salary (fee) to foreign nationals (stateless persons) — highly qualified specialists

All notices, including those sent electronically are recorded in a log. A registration number and date of receipt are also stamped on the notice.

9. Acknowledgement of receipt of notice of fulfillment of obligations to pay salary (fee) to foreign nationals (stateless persons) — highly qualified specialists

An acknowledgement of receipt is issued after receipt of notices.

When notices are sent electronically, the officer who has received them must send an electronic message stating that the notice has been received. This must be done by the end of the working day following the receipt of the notice. The officer must then print the notice, sign it, and stamp on it “Received in electronic form”.

Data from notices must be entered in the information systems of the Ministry of Internal Affairs within 3 working days of receipt.

10. Notice of conclusion of employment or civil law contract for performance of work (provision of services) with a foreign national (stateless person)

The conclusion/termination of contract with a foreign employee must be notified within 3 days of contract conclusion/termination. A separate notice must be issued for each employee.

Abbreviations (“except for official ones “) and corrections are not allowed.

“If there is not enough space in a particular field of the notice of contract conclusion/termination, an additional page may be used.” (12).

In case of multi-page notices, the pages must be numbered and stitched together, and the number of stitched pages must be indicated on the back with the signature, surname and initials of the person submitting the notice.

The options for notice submission are the same as those for the submission of HQS salary payment notices.

11. Notice of termination of employment or civil law contract for performance of work (provision of services) with a foreign national (stateless person)

Notices must be submitted only upon conclusion/termination of contracts. It is not required to notify the department for migration issues of the Ministry of Internal Affairs upon conclusion of additional agreements to contracts (Russian Constitutional Court Ruling).

12. Details of foreign national (stateless person) for whom a notice of conclusion (termination) of employment or civil law contract for performance of work (provision of services) with a foreign national (stateless person) is submitted

13. Record log of notices of conclusion or termination of employment or civil law contract for performance of work (provision of services) with a foreign national (stateless person)

All notices, including those sent electronically are recorded in a log. A registration number and date of receipt are also stamped on the notice.

14. Acknowledgement of receipt of notice of conclusion or termination of employment or civil law contract for performance of work (provision of services) with a foreign national (stateless person)

An acknowledgement of receipt is issued after receipt of notices.

When notices are sent electronically, the officer who has received them must send an electronic message stating that the notice has been received. This must be done by the end of the working day following the receipt of the notice. The officer must then print the notice, sign it, and stamp on it “Received in electronic form”.

Data from notices must be entered in the information systems of the Ministry of Internal Affairs within 3 working days of receipt.

We handle the formalities for employment of foreign nationals on behalf of Russian and foreign companies. Contact us for advice.