Very often in practice, when applying for permits to stay in Russia for the purpose of labor activity, foreign citizens submit to the Ministry of Internal Affairs photographs that are not suitable for the relevant purposes.
The law establishes certain requirements for such photographs, which must be adhered to in order to avoid rejection of documents by the state body on this basis.
Let us consider below these requirements for persons applying for work permits (hereinafter referred to as work permits), patents and work visas.
- Work permit photo requirements
(Work permit registration for 1 year, registration of HQS work permit, extension of HQS work permit, change of information, duplicate copy):
- A close-up of the head and the upper part of the shoulders of the foreign citizen-applicant (the person in respect of whom the application is submitted) should be placed on the photo, and the distance from the top of the head to the chin should not be more than 80% of the size of the whole image (frame vertically [1]). It is important to note that shoulders must be clearly visible, no photos may be taken with items of clothing that conceal them, such as a hood, scarf or outerwear.
- The facial image in the photo must correspond to the age of the applicant (the person for whom the application is being made) on the date of the application [2]. This means that the photo must be up-to-date at the time of submission of documents to the state body. In practice, for example, when extending the work permit for a highly qualified specialist, foreign citizens often provide a photo that has remained from the moment of submission of the initial HQS work permit, without taking into account the fact that more than 2 years have passed since the last application to the Ministry of Internal Affairs. Documents with such a photo will not be accepted for consideration.
- In the photograph, the applicant (the person against whom the application is made) is shown strictly full-face and looking straight ahead. Eyes should be open and hair should not cover them. Photographing with dark glasses or a blindfold is allowed only on medical grounds [3].
- For persons who wear glasses all the time, it is obligatory to be photographed wearing glasses without tinted glasses. The eyes must be clearly visible in the photograph. The frame of the glasses must not cover the eyes [4].
- If the applicant’s religious beliefs do not allow the applicant to be shown in front of strangers without head coverings, photographs with head coverings that do not conceal the oval of the face shall be submitted [5].
- Photos in uniforms, outerwear, scarves covering part of the chin, or with the image edited to enhance the appearance of the person depicted or artistic treatment are not allowed [6]. Clothing must not contain any emblems.
- The image should show all the features of the photographer’s face[7].
- The background should be white, even, without stripes, spots and images of extraneous objects and shadows[8]. As a matter of practice, MIAs also require matte photos to avoid glare when scanning.
- Photo color: not specified for submission to the RNR in the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541, it is assumed that it can be either black and white or color, however, for example, in the HQS RNR application form in the special field for pasting photos, it is specified that the photo must be colorful [9].
- The exact size of the photo is not specified in the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541, but in the forms of applications and petitions for work permits, (for registration, including HQS, on the introduction of changes, on the issuance of a duplicate, on extension) in special fields designed for pasting photos, their size is specified: 30×40 mm[10].
When submitting documents in hard copy, a photograph for processing (including extension) of the work permit in applications and petitions must be pasted in the upper corner of the documents [11] (all forms have a corresponding field), i.e. the photo must be on paper, not electronically.
If the relevant application or petition is submitted through the Unified Portal “Gosusgoservices”, the above requirements for the photo are retained [12]. A digital photograph in the form of an electronic file is attached [13].
When submitting documents for a work permit, an authorized official of the Ministry of Internal Affairs establishes or verifies the identity of the person in the photographs of the foreign citizen submitted by the applicant, for whom a work permit is being issued, and in the photograph in the copy of the foreign citizen’s identity document [14], and when a decision is made to provide the service, the photo is scanned [15].
Examples of correct and incorrect photos can also be clearly seen on the “Gosuservices” website.
- Photo requirements for a patent
(initial registration/ re-registration for a new term or subject of the Russian Federation /
obtaining a duplicate / change of information):
The requirements for a patent photo are broadly similar to those for a work permit (see paragraph I above). In addition, it is also additionally provided that:
- The photo can be in either black and white or color [16];
- The person is portrayed with a neutral expression and closed mouth [17];
- The size of the photo should be 30×40 mm [18].
When submitting documents in hard copy, the photograph for patent processing (including re-issuance for a new term) should be pasted in the upper corner of the application form [19] (all forms have a corresponding field [20]), i.e. the photo must be in hard copy, not electronically.
When accepting an application, an authorized official of the Ministry of Internal Affairs shall establish or verify the identity of the person of the applicant who has applied for a patent with the person depicted in the photographs submitted by the applicant and in the photograph in the applicant’s identity document, and shall scan the photograph, which shall be uploaded to the GISMU [21].
The Administrative Regulation establishes that the State service of issuing a patent is not provided through the Unified Portal “Gosuslugi” [22], but at the same time the “Gosuslugi” website offers an entry to the Ministry of Internal Affairs for the provision of such service and uploading scans or photos of documents for a patent, including a photo of a foreign citizen, which in this case must also meet the above requirements.
ПExamples of correct and incorrect photos can also be clearly seen on the “Gosuslugi” website.
- Photo requirements for an ordinary work visa
(registration, extension, re-issuance):
The visa application form (common for all visa categories) has no reference to the size and color of the photo [23]. The photo requirements for visas are as follows:
- Photo size: 3×4 cm
- Photo color: black and white or color on matte photo paper
- The photo must be a clear full-face image without tinted glasses and without headgear.
Exception – foreign citizens for whom the permanent wearing of a headdress is a mandatory attribute of their national or religious affiliation, provided that the foreign citizen is depicted in such a headdress in the passport photograph [24].
When submitting hard copy documents, the visa application photo must be pasted in the top corner of the application form (there is a corresponding field on the form [25]), i.e. the photo must be in hard copy, not electronically.
In case of submitting the questionnaire in the form of an electronic document using the Unified Portal “Gosudservices”, the applicant shall attach to it an electronic file with copies of the relevant documents, as well as a personal digital photograph in the form of an electronic file [26].
The questionnaire submitted in the form of an electronic document using the Unified Portal “State Services” will not be accepted for consideration, including in the absence of an attached electronic file with a personal digital photograph [27].
The employee receiving applicants shall verify the identity of the person depicted in the submitted photos, the photo in the passport and in the application form, and in case of direct application of a foreign citizen – and his/her identity, assess the quality and compliance of the photos with the above requirements [28].
The requirements for photographs of accompanying family members of foreign workers are similar.
[1] 56.1 of the Administrative Regulations of the Ministry of Internal Affairs of Russia for the provision of the state service of issuing permits for the recruitment and use of foreign workers, as well as work permits for foreign citizens and stateless persons, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541; Item 31.1 of the Administrative Regulations of the Ministry of Internal Affairs of Russia for the provision of the state service of registration and issuance of patents for foreign citizens and stateless persons to carry out labor activities in the territory of the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695.
[2] 56.2 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541
[3] 56.2 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541; P. 31.5 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695.
[4] 56.5 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541
[5] 56.3 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541; Item 31.2 of the Administrative Regulations approved by Order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695.
[6] 56.4 of the Administrative Regulations, approved by the Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541; P. 31.3, 31.4 of the Administrative Regulations approved by the Order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695.
[7] 56.4 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541; Item 31.4 of the Administrative Regulations approved by Order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695.
[8] 56.2 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541; P. 31.5 of the Administrative Regulations approved by Order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695.
[9] Annex to the order of the Ministry of Internal Affairs of Russia from October 6, 2023 N 751; P. 31.1 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695
[10] Annex to the order of the Ministry of Internal Affairs of Russia from October 6, 2023 N 751; Appendices N 1-4 to the order of the Ministry of Internal Affairs of Russia from 30.07.2020 N 533 ; P. 31.1 of the Administrative Regulations, approved by the order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695.
[11] 56 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541
[12] 109 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541
[13] 165.4 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541
[14] 116.3 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541
[15] 149 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 01.08.2020 N 541
[16] Item 31.1 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695
[17] 31.5 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695
[18] 31.1 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695
[19] 31 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695
[20] Appendices N 1-4 to the order of the Ministry of Internal Affairs of Russia from 14.08.2017 N 635
[21] 73.3, 111 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695
[22] 70 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 05.10.2020 N 695
[23] Annex to the order of the Ministry of Internal Affairs of Russia, Federal Security Service of Russia, Ministry of Foreign Affairs of Russia from 27.04.2017 N 233/235/7018
[24] 49 of the Regulations on the establishment of the form of visa, the procedure and conditions for its registration and issuance, extension of its validity, its restoration in case of loss, as well as the procedure for the annulment of the visa, approved by the Resolution of the Government of the Russian Federation of 09.06.2003 N 335; subparagraph 24.3 of paragraph 24 of the Administrative Regulations of the Ministry of Internal Affairs of Russia on the provision of state services for the registration, issuance, extension and restoration of visas to foreign citizens and stateless persons, approved by Order of the Ministry of Internal Affairs of Russia of 04.12.2019 N 907
[25] Clause 24.1 p.24 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 04.12.2019 N 907; Annex to the Order of the Ministry of Internal Affairs of Russia, Federal Security Service of Russia, Ministry of Foreign Affairs of Russia from 27.04.2017 N 233/235/7018
[26] 31 of the Administrative Regulations, approved by the Order of the Ministry of Internal Affairs of Russia from 04.12.2019 N 907; Item 1 of the Resolution of the Government of the Russian Federation from 07.07.2011 N 553 “On the procedure for execution and submission of applications and other documents necessary for the provision of state and (or) municipal services, in the form of electronic documents”.
[27] 37 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 04.12.2019 N 907
[28] 70 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia from 04.12.2019 N 907
Author
Olga Tumasova
- Senior lawyer, labour and migration practice
Send message
Please describe your situation and we will find an optimal solution for your business.
info@konsugroup.com