Advice on the issue of residence and work in Moscow for a foreign HQS employee (Italy) with work permit for St. Petersburg
Client
International Company. Activities:
- Wholesale of paint and varnish materials.
Objectives
- Audit of the employee's authorization documents for the right to work in the Russian Federation and the employer's HR documents in order to determine the possibility of work/residence of a foreign HQS employee in a region other than the work permit region.
- Identification of risks (liability) for the employer and the foreign citizen.
- Making recommendations (counseling) to the client.
Work stages
- Audit of authorization documents for a foreign worker to work in the Russian Federation and the employer's HR documents
- Analysis of migration, labor and administrative legislation in terms of the possibility of work/residence of a foreign worker - HQS in a region different from the work permit region.
- Identification and description of risks (liability) for the employer and the foreign citizen.
- Description of conditions under which it is possible for a HQS employee to work/stay in a region different from the work permit region, recommendations for eliminating the identified risks and opportunities to bring documents into compliance with the Russian legislation.
Result: The client was advised on the issue of work/residence in Moscow of a foreign HQS employee with an work permit in St. Petersburg, with analysis of the documents provided for a particular HQS employee, description of opportunities and risks, and proposed options for resolving the issue. Additionally, in the course of document verification, an inaccuracy in the personal data (different spelling of the surname) of the employee was revealed in the documents, the risks associated with this inaccuracy were described and solution options were proposed.
Challenging the refusal to accept documents for the migration registration of a foreign citizen
Consultation and preparation of complaints against unjustified refusal to accept documents for migration registration at the place of temporary stay of foreign citizens (Korea).
Client
International Company. Activities:
- Rental and management of owned or leased real estate property
- Purchase and sale of own real estate
- Management of real estate for a fee or on a contractual basis
Objectives
Legal support on migration issues:
- Recommendations to the client on the verbal refusal to accept documents for migration registration at the place of temporary stay of foreign citizens by the district department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and the Leningrad Region.
- Preparing and sending complaints:
- to the district department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad region
- to the Main Department of the Ministry of Internal Affairs of Russia in St. Petersburg and the Leningrad Region.
- Representation of client's interests in state authorities.
Work stages
- Negotiations with the client, analysis of documents submitted for migration registration at the place of stay of foreign citizens to the authorized state body.
- Analysis of Russian legislation in the field of migration registration at the place of stay of foreign citizens.
- Recommendations to the client on the solution of the issue and further actions.
- Representation of the client's interests in the district department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad Region in order to resolve the issue.
- Preparation and submission of a complaint to the District Department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad Region.
- Preparing and sending a complaint to the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and the Leningrad Region.
- Advising the client throughout the process.
Result: On the instructions of a higher government body, the district department of the Department of Internal Affairs of the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad Oblast accepted the client’s documents for migration registration at the place of temporary stay of foreign citizens.
Obtaining HQS work permits, visa invitations and notifications on conclusion and termination of employment contracts
Preparation of documents for the purposes of obtaining a work permit for a foreign employee of HQS (Finland) for the position “General Director of the enterprise”, invitation for multiple work visa, notifications of termination and conclusion of employment contracts.
Client
International Company. Activities:
- Installation of industrial machinery and equipment
- Wholesale of agricultural and forestry machinery, equipment and tools, including tractors
- Wholesale of woodworking machines
Objectives
- Preliminary analysis of the possibility of extending the current HQS work permit for a new term if the employer fails to comply with the obligation to provide the employee with a VHI policy for a certain period during employment under the current HQS work permit, including consultation with the Ministry of Internal Affairs.
- Advice to the client to resolve the situation in order to continue the employee's employment in the Russian Federation with minimization of the risks of bringing the employer to administrative responsibility and continuing commercial activities without changes in the sole executive body.
- Filing notices of termination and conclusion of labor contracts.
- Obtaining a HQS work permit for a new term
- Obtaining an invitation to apply for a multiple-entry work visa for a new term.
Work stages
- Proper execution of dismissal, admission and suspension of a foreign worker with calculation of necessary terms, introduction of a temporary authorized person with the right to sign documents: preparation of necessary documents.
- Preparation and submission to the Ministry of Internal Affairs of a notice of termination of the employment contract.
- Preparation of the employment contract, notification of the conclusion of the employment contract and submission of the notification to the Ministry of Internal Affairs.
- Preparation of a set of documents for obtaining a new HQS work permit for the position of "General Director of the enterprise", and submission to the Ministry of Internal Affairs.
- Preparation of a set of documents for obtaining an invitation for a new work visa for a new term, and submission to the Ministry of Internal Affairs. Receiving the invitation and sending it to the client.
- Accompanying the client's employee in obtaining the HQS work permit at the Ministry of Internal Affairs.
- Advising the client during the entire process.
Result: the client obtained all the necessary permits for a foreign HQS employee to work in the Russian Federation without suspending commercial activities and without changing the sole executive body. The risks of violations of labor and migration law and possible claims from the Russian Ministry of Internal Affairs or Labor Inspection were minimized.
Preparation of notifications on salaries of foreign HQS employees (UK, Poland, Finland)
Client
International Company. Activities:
- Manufacture of furniture
- Manufacture of wooden building structures and joinery products
Objectives
Preparation and submission of notifications on HQS employees' salaries to the Ministry of Internal Affairs in compliance with the requirements of the Russian legislation to the procedure of execution and submission of these notifications and according to the established minimum HQS salary (quarterly during the validity of labor contracts).
Work stages
- Collection and verification of documents and information for preparation of notifications to the Ministry of Internal Affairs for each HQS employee (quarterly)
- Reconciliation of monthly and quarterly salary data for each HQS employee (quarterly)
- Preparation and submission of notifications to the Ministry of Internal Affairs (quarterly).
Result: sending documents to the client confirming the submission of HQS wage notifications to the Ministry of Internal Affairs of the Russian Federation (quarterly).
Change in the legal status of an HQS employee upon obtaining a Russian passport
Preparation of documents to settle a change in the legal status of a foreign employee – HQS (Israel) upon obtaining a passport of a Russian citizen.
Client
International Company. Activities:
- Business and management consulting
- Computer software development
Objectives
Support on migration issues:
- Analysis of legislation and documents on changing the legal status of a foreign employee - HQS upon obtaining a Russian passport
- Preparation of the forms of documents necessary for making the relevant changes.
Work stages
- Analyzing existing client documents for a specific employee;
- Preparation of necessary documents for making changes;
- Analysis of Russian legislation on the need to take into account information on changes in the employer's quarterly reporting to the Ministry of Internal Affairs and submit it to the state body, recommendations for the client.
Result: sending the client amendment documents to settle the legal status of the employee and recommendations regarding the last quarterly reporting to the Ministry of Internal Affairs.
Change in the legal status of a foreign HQS employee upon obtaining a residence permit in Russia
Preparation of a legal opinion on changing the legal status of a foreign employee – HQS (Greece) upon obtaining a residence permit in the Russian Federation and development of necessary documents for changing the status of a foreign employee.
Client
International Company. Activities:
- Construction of residential and non-residential buildings
- Construction of highways and highways
- Manufacture of electrical installation works
International company. Activities:
- Waste collection
- Waste treatment and utilization
Objectives
Migration issues:
- Analysis of documents and legislation on changing the legal status of a foreign employee - HQS (status of temporarily staying in the RF) when he/she receives a residence permit in the RF (status of permanently residing in the RF) in order to clarify the issue of necessary documentary settlement of this circumstance by the employer.
- Preparation of the forms of documents required to make the relevant changes
Work stages
- Analyzing the client's existing documents on a particular employee;
- Analysis of Russian legislation on the need to cancel HQS RNR and the need to take into account information on changes in the employer's quarterly reporting to the Ministry of Internal Affairs and submit it to the state body;
- Consulting on the issue in the Main Department of the Ministry of Internal Affairs of Russia for St. Petersburg and Leningrad Region in the part not regulated by the legislation of the Russian Federation and for clarification of possible incorrect data in the absence of information in the databases of the Ministry of Internal Affairs;
- Recommendations and development of necessary forms of documents for the employer.
Result: submission to the client of a legal memorandum (opinion) on changing the legal status of a foreign employee – HQS upon obtaining a residence permit in the Russian Federation and the necessary forms of documents to settle the legal status of the employee.
Increased salary requirements for foreign HQS employees from 01.03.2024
From March 1, 2024, the salary of a foreign highly qualified specialist will have to be paid at least RUB 750,000 per quarter (at least RUB 250,000 per month).
Read more
Changes in state fees in the area of migration
The federal law Draft Federal Law No. 448566-8 On Amendments to the First and Second Parts of the Tax Code of the Russian Federation, Certain Legislative Acts of the Russian Federation, and the Recognition of Certain Provisions of Legislative Acts of the Russian Federation as Invalid, providing for changes in state duties in the field of migration (Article 2, paragraph 16), has passed the third reading in the State Duma of the Russian Federation and submitted into the Senate. These changes are introduced into the Tax Code of the Russian Federation (Part Two) dated August 5, 2000, No. 117-FZ (Article 333.28), in case of adoption. Read more
Amendments to the procedure for migration registration of foreign citizens
On October 26, 2023, amendments to the Federal Law of July 18, 2006, No. 109-FZ "On the Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation" were implemented (introduced by Federal Law of April 28, 2023, No. 156-FZ).
These changes pertain to the ability of foreign citizens to independently submit a notification of their arrival to the immigration authorities. This option is now available in the following cases (in addition to cases specified by law earlier[1]):
- A foreign citizen personally submits electronically within the legally established timeframe[2] a notification of their arrival to the immigration authorities, as well as the arrival of their children under the age of 18, if:
- the residential premises provided to the foreign citizen for actual residence (temporary stay) are owned by a Russian citizen who has a personal account on the "Gosuslugi" portal and is registered in the ESIA state system (ESIA Gosuslugi), and
the foreign citizen has a personal account on the "Gosuslugi" portal and is registered in the ESIA state system (ESIA Gosuslugi).
In this case, the consent of the owner of the residential premises for the actual residence (temporary stay) of the foreign citizen and children under the age of 18 in the residential premises owned by this owner is confirmed using the portal ESIA Gosuslugi in the manner prescribed by the Government of the Russian Federation.
Regarding their children under the age of 18, documents confirming the family relationship[3] are attached to the notification.
Exception: This does not apply to cases where a foreign citizen is accommodated in organizations and institutions specified by the Law, including hotels, sanatoriums, medical organizations, social service organizations, and organizations where legal/other activities not prohibited by law are carried out (if the foreign citizen actually resides at the address of such organization/its premises)[4].
- If a foreign citizen who has arrived in the Russian Federation in accordance with the visa requirement actually resides in the premises declared in the application for the issuance of an invitation to enter the Russian Federation as the intended place of stay, then the notification of their arrival at this place of stay can be submitted to the migration registration authority personally by the foreign citizen[5].
Exception - the same as item 1 above.
- In the case of concluding a lease agreement for residential premises between the foreign citizen and the receiving party, the foreign citizen shall submit a notification of their arrival at the place of stay and the arrival of their children under the age of 18, specified in the lease agreement, to the migration registration authority in person or in electronic form.
A copy of the residential lease agreement and documents confirming the family relationship (for children under 18 years of age) [6] shall be attached to the notification.
Additionally, it is provided that when the foreign citizen submits a notification of their arrival at the place of stay and the arrival of their children under 18 years of age in electronic form, the detachable part of this notification in electronic form, signed by the qualified electronic signature of the official of the migration registration authority, shall be sent to the personal account of the foreign citizen in ESIA Public Services, which will serve as confirmation that the receiving party has taken the necessary actions to register the foreign citizen at the place of stay[7]. This provision applies only in cases when:
- the foreign citizen declares actual residence (stay) in a residential premises owned by them[8];
- the notification is sent through ESIA Public Services (item 1 discussed above)[9];
when the premises are provided by the receiving party under a residential lease agreement (item 3 discussed above)[10].
[1] part 3-3.2. of article 22 Law No. 109-FZ
[2] The deadlines are established in part 3 of article 20 Law No. 109-FZ
[3] part 3.3. of article 22 Law No. 109-FZ
[4] paragraphs 1 and 3 of part 3 of article 20 and part 2 of article 21 Law No. 109-FZ
[5] part 3.4. of article 22 Law No. 109-FZ
[6] part 3.5. of article 22 Law No. 109-FZ
[7] part 4.1., part 7 of article 22 Law No. 109-FZ
[8] part 3.1. of article 22 Law No. 109-FZ
[9] part 3.3. of article 22 Law No. 109-FZ
[10] part 3.5. of article 22 Law No. 109-FZ