Change the legal status foreign hqs employee upon en konsu outso

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.


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 the procedure for migration registration en konsu out

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]):

  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].

  1. 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.

  1. 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


4 criteria for obtaining a residence permit in Russia for foreign investors

As we previously mentioned in our article about changes in Russian migration legislation, starting from January 11, 2023, one of the grounds for issuing a residence permit without obtaining a temporary residence permit (RVP) to a foreign citizen and his/her family members is his/her investment in Russia according to certain criteria established by the Government of Russia.Read more


Quotas for foreign employees in Russia – Procedure and Deadlines

In order to protect their domestic labor market, many countries – Russia included – set quotas for hiring foreign employees. Companies must therefore obtain an authorization from the state to hire foreign nationals who need a visa to work in Russia.
Read more


Review of amendments to Federal Law 115-FZ On the Legal Status of Foreign Nationals in the Russian Federation

Amendments to Federal Law N 115-FZ On the Legal Status of Foreign Nationals in the Russian Federation have been reviewed.Read more


Updates on temporary migration measures during pandemic in Russia

Following the closure of borders and quarantine measures under Presidential Decree No. 274 dated April 18, 2020 introducing temporary measures to regulate the legal status of foreign nationals and stateless persons in the Russian Federation due to the threat of the further spread of coronavirus (COVID-19), the Ministry of Internal Affairs has taken measures to regulate the legal status of foreign nationals residing in Russia.

Read more


Changes in the rules for registration of foreign nationals

Brief description of changes and recommendations

Essentially, the following changes have been introduced:

  • Previously, companies could register their foreign employees at their own registered address. From July 08, 2018 onwards foreign employees will need to be registered at their address of residence.
  • Since many landlords will be unwilling to register their foreign tenants, we recommend issuing a power of attorney for the person who will register foreign employees on behalf of their landlord.

Read more