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.
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New application and notification forms for foreign workers and employers
The Order approves new forms of applications and notifications relating to the employment of an individual foreign national in the Russian Federation. The new forms came into force on 1.1.24.
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Renewal and amendment of HQS work permit and work visa due to passport replacement abroad, company registration
Amendments to HQS work permit and work visa due to change of passport of a foreign employee – single executive body of the employer (position “General Director of the company”, Germany) upon obtaining a passport of a foreign citizen abroad, registration of the company with the Ministry of Internal Affairs of the Russian Federation, extension of HQS work permit and 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 client's documents (personnel, authorization, founding documents) in order to identify necessary changes in documents.
- Advising the client on options for changing authorization documents and terms, building and coordinating the process with the client
- Preparation of the necessary personnel and constituent documents, taking into account the changes in the employee's personal data and the extension of the powers of the single executive body.
- Registration (registration) of the company-employer in the Ministry of Internal Affairs of the Russian Federation as an inviting organization.
- Receipt of an invitation for a multiple entry work visa in a new passport abroad
- Adjustment of work permit for a new passport
- Renewal of the visa for a new term
- Advising the client during the whole process
Work stages
- Analysis of the client's documents (personnel, permits, founding documents).
- Consulting, development of the process of execution of necessary documents and coordination of terms of their execution with the client depending on his capabilities.
- Preparation of the decision of the general meeting of participants of the legal entity in terms of extending the powers of the single executive body (General Director of the company) taking into account changes in the employee's passport.
- Preparation of an additional agreement to the labor contract in terms of changing the necessary information about the foreign worker in order to re-issue and extend authorization documents, preparation of necessary adjustments in personnel documents.
- Advising on medical insurance of a foreign employee.
- Preparation of documents and registration (registration) of the company-employer in the Ministry of Internal Affairs of the Russian Federation as an inviting organization.
- 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.
- Receipt of the invitation in the Ministry of Internal Affairs of the Russian Federation and sending it to the client
- Preparation and submission of documents for changing the HQS work permit to a new passport to the Ministry of Internal Affairs of the Russian Federation.
- Accompanying the client in obtaining HQS for a new passport in the Ministry of Internal Affairs of the Russian Federation.
- Preparation and submission of documents for extending the HQS work permit for a new term to the Ministry of Internal Affairs of the Russian Federation.
- Accompanying a client in obtaining an extended HQS work permit in the Ministry of Internal Affairs of the Russian Federation.
- Preparation and submission of documents for extension of work visa for a new term to the Ministry of Internal Affairs of the Russian Federation.
- Obtaining a work visa for a new term in the Ministry of Internal Affairs of the Russian Federation.
Result: The client prepared the necessary personnel documents, the minutes of the General Meeting of Shareholders of the legal entity on the extension of the powers of the single executive body; the company was registered with the Ministry of Internal Affairs as an inviting organization; an invitation was received to apply for a work visa for a new passport, changes were made and the HQS work permit was received for a new passport, the HQS work permit and the work visa were extended for a new period.
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.
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
Changes in the distribution of quotas approved for 2023 for issuing work permits to foreign citizens
From 29.09.2023 comes into force the Order of the Ministry of Labor of Russia from 17.08.2023 N 672n "On Amendments to Annexes N 1 - 3 to the Order of the Ministry of Labor and Social Protection of the Russian Federation from December 12, 2022. N 777n "On the distribution of quotas for the subjects of the Russian Federation approved by the Government of the Russian Federation for 2023 for the issuance of foreign nationals arriving in the Russian Federation on the basis of a visa, work permits and invitations to enter the Russian Federation for the purpose of labor activity"
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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