Obtaining permission to employ foreign labor,

work permits and work visas within the Russian Federation.

 

General description of the procedure.

 

Stage 1. Obtaining approval to employ foreign labor.

  • Employment Center receives an employer?s application and draws up a relevant proposal for the Department of the State Federal Public Employment Service;
  • Employer must obtain an assessment report from the Department of the State Federal Public Employment Service in and for Moscow on advisability of employment of foreign labor (expatriate staff);
  • Employer must obtain approval to employof foreign labor from the Federal Migration Service (for countries enjoying a visa-free entry ? from the Department for Migration of the Chief Administration of Internal Affairs of Moscow);

Stage 2. Obtaining individual work permits for all foreign employees of the company.

  • Work permits are processed by the Moscow Department for Migration.
  1. Stage 3.

a) Obtaining work visas*.

  • Employer must obtain a work visa invitation in the passport and visa department of the Chief Administration of Internal Affairs of Moscow (CAIA)
  • A foreign employee applies to the Russian consulate abroad for a single-entry visa
  • Upon arrival in Russia, a foreign employee obtains a multi-entry work visa and has the same registered.

* For legal entities

 

 

     

b) Obtaining foreign employee visas** (visas for non resident -?inosotrudnik?).

  • Employer must obtain an accreditation card by each employee
  • Employer must obtain an invitation for a foreign employee visa at the Passport and visa department of the CAIA of Moscow
  • A foreign employee applies to the Russian consulate abroad for a single-entry foreign employee visa
  • Upon arrival in Russia, a foreign employee obtains a multi-entry foreign employee visa and has the same registered.

** For Representative Ofices

 

 

Obtaining approval to employ of foreign labor and work permits

 Stage I

Employment center receives an employer?s application and draws up a relevant proposal.

Documents required

Legal entity

  • A certificate evidencing that the company has been entered on the Unified State Register of Legal Entities *
  • Certificate of registration with the Office of the Ministry of Taxation *
  • Form 1 Г’ГЌ
  • Application addressed to Head of the Department of the State Federal Employment Service of Moscow

Documents that can be requested:

  1. Bylaws*
  2. License (if any)*
  3. Statistical codes*
  4. Draft labor contract with a reference to a pay rate or a draft civil law contract

Representative Office

  • A certificate evidencing that it has been entered on the Combined State Register *
  • Certificate of registration with the Office of the Ministry of Taxation*
  • Permission to open a Representative Office *
  • Form 1 Г’ГЌ
  • Application addressed to Head of the Department of the State Federal Employment Service of Moscow

Documents that can be requested:

  1. Terms of reference with respect to the Representative Office*
  2. Power of Attorney issued to Head of the Representative Office *
  3. Statistical Codes*
  4. Draft labor contract with a reference to a pay rate or a draft civil law contract

 

* Two notarized copies of the document must be submitted

 

 

Obtaining approval to employ of foreign labor and work permits.

Stage 2

 The Department of the State Federal Employment Service of Moscow issues a assesment report on advisability of employment of foreign labor.

Grounds

  1. Proposal drawn up by the Employment Center at Stage 1.
  2. A set of documents to be transferred from Employment Center to the Department of the State Federal Employment Service of Moscow.

 

Obtaining approval to employ of foreign labor and work permits.

 Stage 3

The Federal migration service gives

Approval to employ of foreign labor **.

Documents required

Legal entity

  • Assesment report of the Department of the State Federal Employment Service of Moscow on advisability of employment of foreign labor;
  • Certificate evidencing that the company features in the Unified State Register of Legal Entities *;
  • Certificate of registration of the company with the Office of the Ministry of Taxation *;
  • Bylaws*;
  • License (if any)*;
  • Statistical codes*;
  • Draft labor contract with a reference to a pay rate or a draft civil law contract;
  • Balance sheet (copy);
  • Receipt evidencing payment of the state duty (3000 roubles for each employee);
  • Balance statement issued by the bank;
  • Questionnaire for the company;
  • Letter addressed to Head of the Federal Migration Service (FMS).

Representative Office

  • Assesment report of the Department of the State Federal Employment Service of Moscow on advisability of employment of foreign labor;
  • Certificate evidencing that the company features in the Unified State Register of Legal Entities *;
  • Certificate of registration of the company with the Office of the Ministry of Taxation *;
  • Permission to open a Representative Office *;
  • Terms of reference with respect to Representative Office*;
  • Power of Attorney issued to Head of the Representative Office *;
  • Statistical codes*;
  • Draft labor contract with a reference to a pay rate or a draft civil law contract;
  • Tax return (copy);
  • Receipt evidencing payment of the state duty (3000 roubles for each employee);
  • Balance statement issued by the bank;
  • Questionnaire for the company and a letter addressed to Head of the Federal Migration Service (FMS).

* One notarized copy of the document should be submitted

** Companies employing individuals from countries enjoying visa-free treatment shall obtain approval for in-take of labor from the Department for Migration of the CAIA of Moscow

 

Obtaining approval to employ of foreign labor and work permits.

Stage 4

Department for Migration issues a work permit for each foreign employee.

Documents required

 Legal entity and Representative Office.

 

  • Photo (color, matt paper ) ? 1;
  • Health certificate evidencing that the individual has no HIV infection (original, valid for 3 months, must be obtained in the Russian Federation);
  • Copies of the passport, visa and registration valid within the Russian Federation *;
  • Copy of specialist?s certificate recognizing a diploma, which foreign employee obtained in a foreign state, or confirming that this document is equivalent to a Russian diploma*;
  • Application to Head of the Department for Migration of the CAIA of Moscow;
  • Application for issuance of a work permit;
  • A personal application for issuance of a work permit;
  • Letter of guarantee (must bear the seal and signatures of the CEO and senior accountant);
  • Full list of foreign employees, working for the company (representative office) indicating nationality, passport number and date of birth;
  • Questionnaire for the company;
  • A photocopy of the approval to employ of foreign labor (subject to submission of the original);
  • Receipt evidencing payment of the state duty (1000 for each employee).

* Documents than can be requested .

 

Registration of a legal entity with the Passport and visa department of the CAIA of Moscow.

 

Required documents:

  • Bylaws*;
  • Articles of Association*;
  • Certificate evidencing that the company features in the Unified State Register of Legal Entities *;
  • Certificate evidencing registration of the company with the Office of the Ministry of Taxation *;
  • Statistical Codes *;
  • Balance sheet over the latest accounting period*;
  • For executives - who are foreign nationals ? approval for in-take of foreign labor* and work permit*;
  • Abstract from the minutes or copy of the same or copy of an order appointing the individual to an executive position;
  • A letter of guarantee with respect to accommodation of a foreign national or a stateless person;
  • Lease or sublease agreement (or ownership certificate) showing an`actual address of the company*;
  • A register of foreign nationals, laced up and numbered;
  • Application/questionnaire bearing a stamp of the local Passport and Visa department;
  • Powers of Attorney issued to company?s employees who are authorized to submit and receive original documents;
  • Copies of the passports of employees authorized to submit and receive invitations certified with a seal of the HR department;
  • Copies of the passports of the Company?s executives who are responsible for foreign nationals and authorized to sign documents;
  • For executives ? who are foreign nationals ? copies of visas showing registration and a migration card with a stamp evidencing crossing of the national border.

Documents that can be requested:

  • Order appointing employees and an abstract from the staff list indicating officers authorized to submit and receive invitations.

* One notarized copy of the documents must be submitted

 

Obtaining work visas (foreign employee visas).

Russia. An invitation is issued by the PVS CDFA of Moscow;

The Consulate of the Russian Federation abroad issues a single-entry work visa (a foreign employee visa) which is valid for 3 months;

Russia. PVS CDFA of Moscow registers the visa or re-issues the same as a multi-entry visa.

Grounds

Grounds

Grounds

Documents

  1. Application;
  2. A letter of guarantee;
  3. A written request for an invitation;
  4. Approval to employ of foreign labor (copy + the original);
  5. Work permit (copy + the original);
  6. Copy of the passport and previous visa;
  7. Receipt evidencing payment of the state duty (250 rubles);
  8. Information on the place of residence of a foreign employee abroad;
  9. List of documents.

Documents

  1. Invitation;
  2. 3 color photos on matt paper, 3 x 4;
  3. Completed questionnaire;
  4. Insurance certificate;
  5. Health certificate evidencing that the individual has no HIV infection;
  6. Passport;
  7. Receit evidencing payment of the consulate duty.

 

Documents

  1. Passport and visa;
  2. Original of the immigration card;
  3. Work permit;
  4. Approval to employ of labor;
  5. Receipt evidencing payment of the state duty (250 rubles);
  6. Application for registration;
  7. Application for visa re-issuance;
  8. Letter from the company requesting visa re-issuance;
  9. Accommodation letter from the responsible tenant and approved by the DEZ;
  10. 3 color photos on matt paper, 3 x 4.

 

 

Legal aspects of employing foreign labor (expatriate staff) in compliance with new laws.

 

  • A company employing foreign labor (expatriate staff) must obtain approval for in-take and use of foreign labor;
  • Representative offices and subsidiaries of foreign companies in the Russian Federation must also obtain approvals to employ of foreign labor and work permits for each foreign employee;
  • The simplified procedure for highly skilled foreign specialists has been abolished;
  • A foreign employee must have a work permit* and a work visa** to be able to work in the Russian Federation;
  • There is no procedure for extending validity of approvals to employ of foreign labor and work permits. Such approvals and permits must be re-issued annually.

* Citizens of the Republic of Belarus are released from the obligation to obtain work permits.

** Except for CIS countries with which Russia signed treaties providing for visa-free treatment

 

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