Adjustments regarding work permit and invitation quotas for "visa" foreign nationals in 2024
As of 20.02.2024, adjustments are made to the quota for the issuance of work permits and invitations for "visa" foreign nationals in 2024.
Read more
Issuance of an invitation for a family member of a foreign HQS employee to obtain a multiple-entry work visa
Client
International Company. Activities:
- Trading in automotive parts, components and accessories
- Manufacture of components and accessories for motor vehicles
- Manufacture of parts for railway locomotives, streetcar and other motor cars and rolling stock; manufacture of track equipment and devices for railway, streetcar and other tracks, mechanical and electromechanical equipment for traffic control.
Objectives
- Analyzing documents of a foreign HQS employee and HQS family member.
- Advising the client on the documents required for the process.
- Checking the validity of the employer company's registration with the Ministry of Internal Affairs of the Russian Federation.
- Obtaining an invitation to apply for a multiple entry work visa
- Advising the client during the whole process
Work stages
- Analysis of permit documents of a foreign HQS employee and HQS family member.
- Checking the validity period of the employer company's registration with the Ministry of Internal Affairs of the Russian Federation.
- Requesting and assisting the client in preparing documents necessary for the process.
- Advising on medical insurance of the HQS employee's family member.
- Preparation and submission of documents for the invitation for a multiple entry work visa in a new passport to the Ministry of Internal Affairs of the Russian Federation.
- Receiving the invitation from the Ministry of Internal Affairs of the Russian Federation and sending it to the client
Result: An invitation for a family member of a foreign HQS worker to obtain a multiple entry work visa was prepared and sent to the client.
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.
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
Migration requirements for starting a business in Kazakhstan and hiring personnel. Optimization of HRM processes, new EDM features
Details
Date and time
14.09.2023 11:00-12:30
Language
- Russian
Admission
Free
Platform
MS Teams
Speakers and topics
Karina Shamsutdinova
- Lawyer at Konsu
Migration requirements for starting business in Kazakhstan and hiring staff
- Migration requirements for company founders;
- HR recruitment: quotas and permits to attract foreign labor;
- HR recruitment: C3 visas and temporary residence permits for citizens of the EEU;
- Other immigration requirements.
Natalia Chernyakina
- Team leader, business systems development group
Optimization of HRM processes, new EDM features
- Optimization of HR document management processes.
- Benefits of EDM with employees;
- Introduction to EDM with employees in Kazakhstan.
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.Read more
News about quotas for attracting foreign workers
The schedule for submitting and reviewing applications for the need to attract foreign workers with changes in Moscow for 2023-2024 has been published
By Order of the Ministry of Labor of Russia No. 171n dated 16.03.2023, the deadlines for accepting and reviewing applications for the need to attract foreign workers have been reduced:Read more
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
Cancelation of employment contract with foreign employee (highly qualified specialist). Risks for employers
After having gone through almost the entire procedure for hiring foreign employees with the status of highly qualified specialist (including entering into an employment contract after receipt of a work permit for the highly qualified specialist being hired), the parties sometimes change their mind or the employee stops contacting the employer. In such case, the employer should cancel the employment contract, but this entails certain risks. In this article, we describe how to cancel employment contracts and avoid risks as well as heavy fines.
Read more