Hiring foreign citizens imposes certain obligations on both sides of the process: both the foreign employee and the employer himself. For an employer, attracting migrants to work primarily involves obtaining accreditation and issuing a number of documents and permits. This procedure is quite labor-intensive, since the employer is required not only to know how to attract migrants, but also to understand the entire process of “accompanying” his employee along the entire path of legalizing his work in Russia.
Many questions about attracting foreign labor arise for entrepreneurs in this process due to the variability of the legislative framework in the migration sphere and the difference in the procedures for attracting visa and visa-free foreign citizens to work, and their differences from attracting highly qualified foreign specialists.
In our article, we tried to talk in detail about attracting foreigners to work and describe step by step the procedure for attracting foreign labor. You will learn how visa workers, visa-free workers and HQS are recruited, as well as what is needed in order to obtain permission to attract and use foreign workers.
Important!
Dear employers, please note that as of January 16, 2019, Federal Law 216 comes into force, according to which the employer who invited a foreigner to the country is obliged to take all measures to ensure the procedure for the stay of a foreign citizen in the territory of the Russian Federation for the stated purpose of entry, and also ensure the timely departure of the foreigner from the country. Details below.
To move around the section more conveniently, you can use the page navigation:
- Attracting foreigners to work
- Attracting highly qualified foreign specialists (HQS)
- Procedure and features of attracting HQS
- Step-by-step instructions for applying for a job as a highly qualified foreign specialist
- Submitting an application to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (FSM) to attract a highly qualified foreign specialist
- Notification of the Main Directorate of Migration Affairs of the Ministry of Internal Affairs about videoconferencing
- Attracting visa foreign citizens to work
- Features and procedure for attracting a foreign worker on a visa
- Attracting foreign citizens to work on a visa: step-by-step instructions for attracting visa-based foreign employees
- Obtaining quotas for attracting foreign labor
- Obtaining a work permit for each foreign employee
- Notification of the Ministry of Internal Affairs on the hiring and dismissal of foreign visa employees
- Federal Law No. 216 and responsibility for invited visa foreigners
- Attracting visa-free foreign citizens to work
- Samples of documents for attracting HQS, visa and visa-free foreign workers to work
Attracting foreigners to work
As we mentioned above, the procedure for attracting foreign citizens to work varies depending on the status of the migrant.
The features of attracting foreign citizens for a visa-free migrant, a visa migrant and a highly qualified specialist are significantly different. Therefore, first of all, the employer needs to determine which foreign worker is being hired:
- highly qualified foreign specialist;
- visa foreign worker;
- visa-free foreign worker;
Below we will talk in detail about attracting foreign workers of each category.
https://youtu.be/fp0mlqCkQqE
Attracting highly qualified foreign specialists (HQS)
Who are highly qualified foreign specialists?
A highly qualified specialist (HQS) is a foreign citizen of both visa and visa-free countries with work experience and a certain set of skills in a specific field of activity in which the migrant is applying for work.
Foreign citizens - highly qualified specialists receive a work permit on the basis of an employment contract and for the duration of this employment contract, but not more than 3 years.
At the same time, the employment contract and work permit must indicate that the foreign worker is a highly qualified specialist and will work in several regions of the Russian Federation if the employer plans to hire HQS in more than one region.
Important!
If other regions are not specified in the HQS work permit, and the employee works in another region for more than 30 days, then a fine for illegal work will be imposed on the foreigner and the employer.
Procedure and features of attracting HQS
Hiring a HQS does not require permission from the employer to attract a foreign citizen to work.
Only the applicant himself, a highly qualified foreign specialist, must have a work permit. Highly qualified foreign specialists are attracted without taking into account quotas. In other words, obtaining a quota to attract a highly qualified foreign specialist is not required.
Hiring HQS assumes a specific annual salary level. The salary of a highly qualified foreign specialist is determined by the following framework:
- From 83,500 rubles per month for the research, tourism and medical sectors.
- From 167 thousand rubles for those employed in other sectors of the economy.
- For those who work at Skolkovo, there is no minimum wage.
Important!
Hiring a foreign highly qualified specialist obliges the employer to notify the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (FMS) on a quarterly basis about the payment of wages.
Submitting an application to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (FSM) to attract a highly qualified foreign specialist
To obtain a work permit and visa for a highly qualified foreign specialist, the employer must submit a petition to the migration authorities to attract a highly qualified foreign specialist to work.
To receive a positive response to the application, the employer will need to provide the following package of documents:
- an application form with information about the employee and his photograph (3 by 4 cm);
- a letter of guarantee on the organization’s letterhead, where the employer states its financial responsibility in the event of the expulsion of a foreign expert from the country;
- certificates of TIN and OGRN of the employing company;
- a copy of the foreigner's passport;
- notarized translation of the passport;
- original employment contract with HQS;
- a receipt confirming payment of the state duty.
The Main Directorate for Migration Affairs of the Ministry of Internal Affairs (FSM) considers applications within 30 days.
And if the application is approved, highly qualified foreign workers receive a Russian visa and work permit. A foreign qualified specialist must enter Russia within 30 days after receiving the invitation. Upon arrival, the employer and employee enter into an employment contract.
Documents required for obtaining a quota
The size of quotas is determined on the basis of the Rules approved by Order of the Ministry of Labor No. 27n dated January 23, 2014.
When applying for a quota for a foreign employee, you need to collect a fairly large package of documents. They can be submitted to three departments. Quotas are issued within 30 days.
- Employment Service. It is necessary to provide evidence of TIN, OGRN (or registration sheet), an application for attracting foreign workers
- Ministry of Internal Affairs It is necessary to provide: an application, an employment contract, an order for a manager to appoint him to a position, a receipt indicating payment of the state duty, a request for foreign personnel
- Migration Service. You must provide a photo of the employee, a medical certificate, a copy of your passport, Taxpayer Identification Number, Russian language certificate, and a health insurance policy.
If the decision to allocate a quota is positive, then within 5 working days a notice of the decision is sent to the employer (according to subparagraph b of paragraph 17 of the Rules).
Features and procedure for attracting a foreign worker on a visa
Attracting foreign labor on a visa requires the employer to have permission to hire a foreign citizen to work.
In addition, the attraction of foreign workers is carried out taking into account a quota. Next, we will step by step analyze the procedure for attracting foreign workers from visa countries and tell you what documents are needed to obtain permission to attract foreign labor and quotas, as well as what an employer needs to do to register the attracted workers as employees.
Why is migration registration necessary?
The uncontrolled movement of migrants into the territory of any state not only introduces elements of chaos into well-functioning public life. It is also not excluded that any of the displaced persons may carry out direct subversive activities directed against existing institutions in the country. Therefore, the state seeks to streamline the migration process.
In the Russian Federation, according to the Law “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation” dated July 18, 2006 No. 109-FZ, state authorities and local governments:
- register migrants at their place of residence;
- collect and process information characterizing migration processes;
- support the operation of an open information system.
We recommend that you find out more detailed information about what constitutes migration registration in the Russian Federation.
Obtaining quotas for attracting foreign labor
The employer applies to the employment center for quotas.
To do this, the employment service must post the required number of vacancies for which the employer plans to attract foreign labor. And since in the Russian Federation priority is still given to Russian applicants, the employer will have to interview compatriots who responded. And only if within a month there is no employee with Russian citizenship, the employer can contact the Main Department of Migration of the Ministry of Internal Affairs with documents for obtaining accreditation and submit an application to attract and use foreign workers.
To apply you will need the following documents:
- application with a request for engagement;
- draft employment contracts;
- official company papers, such as tax identification number, ogrn and charter;
- a receipt for payment of the fee, which is 10 thousand rubles for each vacancy for which the employer wants to hire a migrant.
The employer's request is considered by the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (FMS) within a month, and then gives a response, the result of which is permission to attract foreign forces to work or a refusal to do so.
It will be useful for you to know
- Documents for obtaining a quota
- Application for quota for temporary residence permit
- Application for a quota
- Migration quotas
The main regulatory legal acts in this matter can be called by-laws, including decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation. By the way, it is the main executive body of the state that sets specific norms and quotas for migrants for a certain period specified in the law. If we talk about the Federal Law “On Citizenship of the Russian Federation”, then it talks more about special patents for carrying out certain types of work.
The Ministry of Labor sets quotas for 2020 based not only on the socio-economic, but also on the political plane of the issue. Due to the active influx of refugees and simply labor into the Russian Federation, the rules for some categories of citizens have been simplified.
A work quota can be obtained by contacting the Federal Migration Service. Here a statement of the established form is written, all required documents are submitted, and so on. Of course, it is quite possible to do the process yourself, but practice shows that even minor mistakes, the probability of which is extremely high, can lead to a refusal to obtain permits.
Another thing is to turn to a professional team of lawyers who can quickly and competently resolve any issue, help in preparing documents and transferring them to government agencies. Of course, full legal support in the vast majority of cases allows you to achieve the desired result.
Apply for a quota
Obtaining a work permit for each foreign employee
A work permit in the Russian Federation is issued to each foreign employee separately.
Please note that only foreigners with visas require permission. For visa-free travelers, a work patent is provided. To obtain work permits for foreign visa workers, the following documents must be submitted to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (FMS):
- application for a work permit in two copies;
- a copy of an identity document (copy of passport);
- document confirming education;
- test results in Russian language, history and social studies;
- a receipt for payment of state duty in the amount of 3,500 rubles;
- conclusion of completion and certificate of absence of HIV.
All these documents of a foreign citizen must be translated into Russian and certified by a notary.
Migration authorities also consider a request to issue a work permit to a foreign citizen within 30 days.
Immediately after this, the employer can conclude an employment contract with the migrant.
How to apply for a labor quota?
- Collection and submission of documents for quota. The preparation of all the necessary documents can be completed in a short time; you just need to select the necessary grounds and apply on time;
- Conducting individual legal consultations on issues related to obtaining an employment document. Answering questions will help you avoid mistakes that often happen when preparing documents and submitting them;
- Obtaining permits in Moscow and other constituent entities of the Russian Federation. Work permit quotas can be issued anywhere, but you will have to work in the same territorial area;
- Representation of client interests at all stages of the process. Particular attention is paid to the actions of FMS employees, who often place a foreigner in more difficult conditions than provided for by law;
- Search for the optimal solution when carrying out the procedure for obtaining permits. The task of real professionals is to find the least expensive way, in terms of financial and time resources, to achieve the desired result.
Cost of our services
from 15,000 rubles!
The cost depends on the complexity of your situation, call
, we will help you as efficiently as possible and at the lowest price!
Start receiving a labor quota right now!
New Law No. 216 Federal Law and responsibility for inviting visa foreign citizens
Dear employers!
Please note that on January 16, 2019, Federal Law 216 comes into force, according to which the employer who invited a foreigner to the country is obliged to take all measures to ensure the procedure for the stay of a foreign citizen in the territory of the Russian Federation for the stated purpose of entering the country, including including in terms of work or other activities. In other words, the employer who invited a foreigner to the country is now obliged to ensure that the foreigner strictly complies with the purposes of entry:
- 1. if the purpose of entry is work, then it is necessary to conclude an employment contract with the foreigner, register him for work, notify the Ministry of Internal Affairs and help with registration.
- 2. if the purpose of entry is private, the inviting party must register the visa foreigner with migration registration, ensuring the signing of a rental agreement for residential premises.
Let us remind you that for violations of the rules, fines are provided for legal entities in the amount of 400,000 to 500,000 rubles.
and from 45,000 to 50,000 rubles. for officials. The full list and procedure for applying these measures are established by the Government and will be published here as soon as they come into force. However, we recommend that you begin now to notify the foreign citizens you invite, against signature, of the obligation to comply with the legislation of the Russian Federation, and also notify them in advance of the obligation to leave.
In addition, it is recommended to correspond with a foreigner throughout his stay in the country.
Attracting visa-free foreign citizens to work
Attracting foreign citizens to work from visa-free countries does not require the employer to obtain permission to attract and use foreign labor, or an invitation, or to issue a work permit.
That is, in order to hire a visa-free foreign citizen for work, the employer does not need to obtain special permits, but only register with the Main Migration Department of the Ministry of Internal Affairs as an employer of migrants and receive a registration card.
However, the visa-free foreign worker himself must have a document confirming his right to work in the Russian Federation. This could be a work patent, temporary residence permit or residence permit. With any of these documents, a foreigner can work in Russia legally.
Important!
According to the Treaty on the EAEU, citizens of the EAEU (Armenia, Belarus, Kazakhstan, Kyrgyzstan) have the right to work in Russia on an equal basis with Russian citizens, so they do not need to obtain permits to work.
Attracting visa-free foreign citizens to work: step-by-step instructions for registering foreign workers from visa-free countries In general, the procedure for attracting foreign citizens from visa-free countries to work is as follows:
1. The employer registers with the Main Department of Migration Affairs of the Ministry of Internal Affairs and receives it to attract foreign citizens to work. 2. The Main Directorate for Migration Affairs of the Ministry of Internal Affairs (FMS) opens a registration card for an organization that plans to employ foreign workers. 3. The employer determines the status of a foreign citizen, the regime of his stay in Russia and checks the availability and validity of all documents for legal employment:
- passport;
- registration;
- migration card;
- SNILS;
- TIN;
- VHI medical policy;
- work book of the Russian Federation sample (if not, the employer must issue it).
If an employer registers an IG working on the basis of a patent, then you also need to check:
- work patent;
- all receipts for the advance payment for the patent.
4. After checking the documents, the employer enters into an employment contract with the employee. 5. The employer places the employee on . 6. The employer sends a request to attract foreign workers to the Main Department of Migration Affairs of the Ministry of Internal Affairs (FMS) to conclude an employment contract with a visa-free foreigner within three days. 7. If a foreigner works under a patent, then the employer ensures timely payment for the work patent and renews registration under the work patent. 8. The employer of the Main Department of Migration Affairs of the Ministry of Internal Affairs (FMS) on the dismissal of a foreign worker within three days.
Types of quotas for migrants
There are 4 types of quotas for migrants:
- For foreign workers.
- Permission to officially work in Russia.
- For temporary residence in the Russian Federation.
- To receive an invitation to enter Russia for a foreigner.
Important! The quota is issued for 1 year. To prepare such a document, they first go to the local Employment Department and submit a corresponding application regarding the need for foreign specialists. If this authority does not find suitable open vacancies within 30 days, then employers go to the Ministry of Internal Affairs and receive permission to attract and use foreign labor.
For foreign workers
If there is a need to employ foreign employees, they first obtain permission to hire foreigners. To obtain a quota for the official employment of foreign workers, a list of documents for these citizens is prepared in advance.
Sample application for permission to attract foreign workers
Attention! The collected documentation is submitted to the local Employment Department. After receiving an official work permit, only a specific number of migrants are hired.
To obtain an official work permit
Before employment in a Russian company (firm), foreigners are issued a work permit. The issuance of such a document is also carried out according to quotas. When obtaining a work permit for a specific migrant, they first go to the Ministry of Internal Affairs of the Russian Federation and submit an application and other documents.
Sample work permit
Temporary residence permit in the Russian Federation
A quota for issuing a temporary residence permit in the Russian Federation (TRP) in 2020 is issued only for long-term stays of foreign citizens in Russia. Without such restrictions, temporary residence permits are issued for the following foreigners:
- persons with one or more minor Russian children;
- foreign citizens who were born in the RSFSR and have USSR citizenship;
- persons born in Russia;
- disabled persons who have 1 or several children in Russia;
- foreign citizens who have a disabled Russian mother or father in their care;
- persons with a Russian spouse.
Sample note about temporary residence permit in passport
On a note! Every year in Russia a specific number of temporary residence permits is established. Such documents are issued monthly or quarterly.
For registration and issuance of invitations to enter the Russian Federation
Before official employment of a foreigner, a visa is issued by invitation. This is done by the employer who hires a foreign worker. Moreover, the number of quotas for the entry of foreign citizens is equal to the number of work permits.
Sample invitation to enter for work
Documents for attracting foreign workers to work
Sample application for attracting a highly qualified foreign specialist
The application form for attracting a highly qualified foreign specialist is as follows:
You can download the application to hire a highly qualified foreign specialist using this link.
Sample letter of guarantee from an employer to attract foreign workers
The letter of guarantee from the employer looks like this:
You can download the letter of guarantee to hire a foreign worker using this link.
Form “Request for the issuance of an opinion on the attraction and use of foreign workers”
The request form for the attraction and use of foreign workers looks like this:
you can follow the link.
Application form for a permit to attract foreign labor in 2020
The approved form of the application form for issuing permission to an employer to hire foreign labor is as follows:
Permission form to attract foreign citizens to work in 2020
The approved form for permission to employ foreign citizens is as follows:
If you still have questions about attracting foreign citizens to work, you can ask them to an online consultant or in the comments to the article.
Please like if you found our article with a step-by-step procedure for attracting and using foreign workers useful, or save information about attracting foreign labor to yourself on social networks.
How can employers in the Moscow region obtain permission to hire foreigners?
In Russia, as in many countries, there are quotas for hiring foreigners. This is necessary to protect the right of Russians to work. But sometimes an enterprise needs foreign workers with specific knowledge or experience. Then the employer must obtain permission from the state to employ a citizen of another country with which Russia has a visa regime. This permit is valid for a limited time and is issued in advance, before the expat is invited to work. How to register it in the Moscow region, read the material of the mosreg.ru portal.
Protecting the rights of workers in the Moscow region: what to do if wages are delayed>>
The feasibility of accepting foreigners
To invite a foreign employee, you need to prove to the state the feasibility of this. The corresponding conclusion is issued by the employment center located in the territory where it is planned to use the expatriate’s labor. The company provides information about how many people it wants to attract, what profession they will be involved in, and what they will do. The employer must prove that the local labor market cannot meet its staffing needs.
How the Moscow Region Employment Service works>>
Where to go in the Moscow region
Source: RIAMO, Alexander Kozhokhin
In the Moscow region, the Ministry of Social Development accepts applications for obtaining or changing work quotas. To submit an application, the employer must register on the Migration Quotas portal and fill out a special form there to create a “personal account”. After this, the opportunity will be available to apply for or adjust quotas.
After registering the application on the website, an employee of the Moscow Region Ministry of Social Development will check it and invite the employer to submit documents in person to the ministry at the address: Moscow, Kulakova Street, building 20, building 1. You need to track the status of the application in your “personal account” on the portal.
Groomer, tutor and product manager - what professions will be taught to pre-retirement people near Moscow>>
Required documents
Source: Photobank of the Moscow region, Anastasia Osipova
Before a personal visit, you need to collect a fairly voluminous package of documents. You will need:
– two copies of the completed application on paper with the company’s seal and the director’s signature;
– original and copy of the certificate of registration of the organization with the tax authorities;
– original and copy of the notice of registration with the tax authority of the Moscow region, if the company was registered by the tax authority of another region;
– original and copy of the certificate from the Unified State Register of Legal Entities (USRLE);
– original and copy of an extract from the Unified State Register of Legal Entities with an issue date no more than one month before the submission of documents;
– original and copy of the office lease agreement;
– original and copy of the housing rental agreement for the invited employee or a letter of guarantee confirming the ability to provide the expatriate with living space;
– letter of guarantee on the possibility of providing a foreign employee with voluntary medical insurance;
– a letter justifying the need to hire a foreigner;
– power of attorney, if the application is not submitted by the head of the enterprise.
Copies of all documents must be certified by the seal of the company and the signature of the director.
How can tour operators receive a subsidy for attracting foreign tourists to the Moscow region>>
Reasons for refusal
Source: Committee for Architecture and Urban Planning of the Moscow Region
The application will not be accepted if it is sent not through the Migration Quotas portal, but, say, by mail or fax. Another possible reason for refusal is the absence of seals and signatures of the director on copies of documents. And finally, papers will not be accepted if they are filled out incorrectly or if an incomplete package of documents is provided.
Introduction of super services in the Moscow region: what government services will be provided automatically>>
Application deadlines
Source: RIAMO, Anastasia Osipova
The Ministry of Social Development accepts applications four times a year. In 2020, you can request a quota for the current year and for 2021.
The last opportunity to obtain permission to receive a foreigner for 2020 is from June 15 to June 26.
To find out about the exact timing, procedure and ask other questions, please call extensions 54065, 54043, 54708.
How can a foreigner obtain a patent to work in the Moscow region>>
