The Russian immigration system has changed significantly over the recent years. Some of the changes include several laws being amended and some new regulations being enacted to improve the procedures and make them more straight-forward. However, the current situation concerning immigration & employment of expatriates in Russia is still far from perfect and needs further thorough revision of state bodies and undivided attention of companies seeking to employ foreign nationals.
The Russian immigration system has changed significantly over the recent years. Some of the changes include several laws being amended and some new regulations being enacted to improve the procedures and make them more straight-forward. However, the current situation concerning immigration & employment of expatriates in Russia is still far from perfect and needs further thorough revision of state bodies and undivided attention of companies seeking to employ foreign nationals.
At the present time, the procedure for legalization of foreign employees is rather complex and involves obtaining various permissions from the Federal Immigration Service, Federal Immigration Department, Employment Center, as well as Tax and Labor Inspection and a number of other authorities.
The general procedure includes the following stages:
- Submission of a foreign labor forecast
- Submission of an application and its resolution in an Employment Center
- Processing of an employment permission
- Processing of individual work permits
- Company accreditation for visa support
- Processing of a work visa
- Notification of employment center, tax and labor inspections on employment of foreign nationals
- Undertaking immigration recording
1) Submission of a Foreign Labor Forecast
According to Government Regulations each company seeking to employ foreign nationals has an obligation to participate in the forecasting campaign by submitting information about demand for foreign specialists. All in all, this demand is taken into account when forming the quota rate for certain regions of Russia and all-Russia rate.
Special attention should be paid to the timing: If a company wants to attract and hire foreign specialists in 2010, the forecast for 2010 has to be submitted before May 1, 2009. Many new companies establishing a business in Russia are facing difficulties in applying work permits because they were not able to submit forecasts in time.
2) Submission of an Application and Its Resolution in an Employment Center
No less than a month before submitting application to the Federal Immigration Service a company should inform the Employment Center of newly established positions for which they plan to employ foreign specialists. Should an Employment Center succeed in finding an adequately qualified Russian citizen available to do the job, the application will be rejected. It is obvious that companies disclosure about new vacancies is a strategy, which is being used to solve problems in the national labor market.
3) Processing of an Employment Permission
One month later the employer may start filing documents with the Federal Immigration Service for employment permission. This document allows company to employ foreign nationals and includes information about quantity of the hired specialists, their citizenship, positions as well as regions where they can do their job.
4) Processing of Individual Work Permits
Work permits are issued individually for each foreign national and are valid within 1 year.
5) Company Accreditation for Visa Support
Simultaneously with processing employment permission a company should register with Federal Immigration Department. Obtaining a so-called record card enables an employer to apply for invitations for business and work visas, process multiple work visas and undertake immigration recording of foreign visitors.
6) Processing of a Work Visa
A foreign national employed in Russia has the right to stay on the basis of a work visa. If a visa does not accurately reflect the intentions and reason for the visit, a penalty with possible deportation is imposed.
Processing of a work visa includes two steps:
- obtaining an invitation and processing of 3 month work visa
- revalidation of 3 month work visa into multiple work visa is made after entering Russia
7) Notification of Employment Center, Labor Inspection and Tax Body on Employment of Foreign Nationals
Once a work permit and work visa are received and an employment contract (civil contract) with a foreign specialist is concluded, the employer shall notify the corresponding state bodies as follows: Employment Center and labor inspection within a month, tax body within 10 days.
8) Undertaking Immigration Recording
All foreign nationals shall observe immigration registration requirements and undertake immigration recording. The procedure involves registration within three business days upon arrival in Russia. The inviting party (a national of Russia, foreign national with permanent residency in Russia, a legal entity, or a branch or representative office) shall submit notification to the corresponding executive authorities (bodies of Federal Immigration Service) and provide the foreign national with tear-off coupon. The mark on the tear-off coupon of notification (with stamp) is the confirmation that his or her presence has been recorded.
The grounds for termination of immigration recording are as follows:
- departure from the Russian Federation
- exit for more than 3 days out of the region where the foreign national underwent recording
- other grounds stipulated by the Federal Law
The inviting party must notify the corresponding authorities of the departure of foreign national at least two days after the departure. During a stay in a hotel, it is the hotels responsibility to execute registration.
The procedures described above clearly illustrate the fact that Russian Government maintains a very complicated regime for foreign nationals working in Russia. Any expatriate, who does not comply with laws, can be subject to arrest, penalties, and deportation.
AUTHOR: Marina Gordeeva, Lawyer of TIM Advisers, July 6, 2010
