Employment of Ukrainians with a residence permit

Status of a citizen of Ukraine in Russia

As is known, foreign citizens can be on the territory of the Russian Federation under different statuses. Thus, the same Ukrainians are able to stay in Russia as representatives of the following social groups:

• persons temporarily staying in the country (the limit here is three months maximum);
• persons temporarily residing in the country (for this, an appropriate permit must also be issued for a period of up to three years);
• persons permanently residing in the country (for this you need a so-called residence permit - a document that allows you to stay in the country for up to five years or more).

Employment of citizens of Ukraine is possible for each representative of the above groups. Ukrainians, unlike many other foreigners, may not receive a visa to enter Russia (however, the Ukrainian authorities are considering abolishing the visa-free regime).

Migration registration rules

If a Ukrainian has a residence permit, it means that he also has a place of residence, information about which is indicated in the migration documents. But if an employee plans to work for a company located in another region, he will need to obtain registration at his place of actual residence.

Please note: if a person lives on the territory of the employer, then the company is the receiving party for him, and therefore is obliged to register him at his actual address. She will also be held responsible for violations of migration registration. But if a person lives in a rented apartment, he needs to register at the place of actual residence within 7 days from the date of moving.

Required documents

Hiring Ukrainian citizens is regulated by the Russian Labor Code and Federal Law No. 115 of July 25, 2002. According to these, as well as some other regulations, Ukrainian residents traveling to Russia are required to submit the following documents to the employer:

• Passport or any other identification document.
• Migration card with special notes from border guards.
• Excerpt from the notice of migration registration. The sheet should contain notes from the Federal Migration Service. If the Ukrainian does not have such a sheet at all, then the employer must register the person within three days.
• Employment history.
• Appropriate permission to carry out work activities.
• A document confirming the presence of certain knowledge, qualifications, existing education, etc.
• Medical record (sometimes not needed at all enterprises).

Naturally, a work permit cannot be issued to Ukrainian citizens if they only have the above documents. Many employers also require some other types of documentation - it all depends on the type of enterprise where the citizen plans to work.

Procedure for hiring Ukrainian citizens

A positive aspect of the stay of persons from Ukraine in the Russian Federation is the fact that they have practically equal labor rights with the local population. The only difference is that they are hired only if they have a patent. If this document is missing, the person who employs the person should help in its preparation.

Migration registration

After a Ukrainian citizen has crossed the border with the Russian Federation, he is required to register with the migration authorities within a week. With the migrant's card, which will be given to him at the checkpoint, the receiving party must appear at the appropriate department. In our case, such a party may be the employer. You will need:

• civil passport of the arrival;
• migrant card;
• paper proving ownership of the real estate where the person will live;
• a power of attorney issued by an organization to a specific person who will be involved in the registration procedure

Upon completion of all actions, the foreign representative receives a coupon confirming the fact of temporary registration.

Registration of a patent

The only case when a Ukrainian needs a patent is if he only has a migration card. Let’s say that just such a candidate suits your organization. You are required to apply for a patent. A Ukrainian must receive it from the Main Directorate for Migration of the Ministry of Internal Affairs of Russia in person, or, alternatively, through an organization that provides such services. Here is a list of documents that a citizen of Ukraine needs to obtain a patent:

• application for extradition;
• passport;
• migration card with a mark on entry into Russia or with a mark from the Main Directorate of Migration Affairs of the Ministry of Internal Affairs of Russia on the issuance of a migration card;
• VHI agreement (policy);
• documents on a special medical examination for drug addiction, HIV, infectious diseases;
• documents on registration at the place of residence;
• a document confirming knowledge of the Russian language, knowledge of the history of Russia and the fundamentals of Russian legislation.

Obtaining a patent

Official registration of Ukrainian citizens for work in the Russian Federation will be impossible without providing the employer with a so-called patent. A patent is a special document that allows foreigners to carry out labor activities in Russia without an entry visa. In this case, the patent will be valid only in the region where it was directly obtained. So how do you get a patent?

Any Ukrainian arriving in the country to work must indicate the word “work” on the migration card when entering Russia. Next, you need to register at the local migration service office. This must be done as soon as possible (for Ukrainians the period is 90 days), otherwise the authority may impose a considerable fine. The patent itself will be received within a month at the nearest branch of the migration department (formerly the FMS). The patent is valid for no more than a month.

Thus, work in Russia is provided to Ukrainian citizens only if they have official permission - a patent.

Employment of citizens with refugee status

As a general rule, the employer and customer of work (services) have the right to attract and use foreign workers if they have permission to attract and use foreign workers (to attract visa foreigners), and a foreign citizen has the right to carry out labor activities with a work permit (clause 4 Art. categories of foreign citizens, which, for example, include refugees (clause 11, clause 4, article 13 of Federal Law No. 115-FZ). Moreover, this benefit is valid for the mentioned category of foreign citizens until they lose refugee status or are deprived of their refugee status .

Refugees were included in the list of “preferential” categories of foreign citizens by Federal Law dated May 5, 2014 No. 127-FZ “On Amendments to Article 13 of the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation.” This law came into force on May 16, 2014.

A visa-free procedure for entry into the Russian Federation has been established for citizens of Ukraine, that is, they are visa-free foreigners. Thus, citizens of Ukraine who have officially received refugee status may not receive a work permit to work for a Russian organization . Otherwise, the procedure for hiring this category of foreigners does not differ from the general procedure for visa-free foreigners.

Responsibility for violation of migration legislation

Hiring citizens of Ukraine, processing various documentation, contacting the relevant authorities - all this is the sphere of migration policy. Any violation here will be punishable by administrative liability. What specific offenses and types of violations are worth highlighting here? Here are just some examples:

• obtaining a patent in the wrong place (the region where work is carried out is completely different);
• employment without a patent;
• the citizen did not extend the established period of stay in the country;
• The patent contains false information about the Ukrainian’s work activity.

What punishment can follow for this kind of violation? Russian legislation provides for a fine of up to 7 thousand rubles, as well as the possibility of deportation from the state with a ban on further entry. Jobs for Ukrainian citizens who commit offenses may also be lost.

Features of registration

A Ukrainian citizen can be hired only if the latter is registered. Registration must be done within three days from the moment of crossing the border. A Ukrainian needs to contact the migration department with the following package of documents:

• Ukrainian passport;
• migration card;
• power of attorney to carry out actions to register a person for migration registration by the employer;
• documentation confirming ownership.

Next, the citizen must obtain a work permit (for this you will have to pay a state fee) and undergo a medical examination.

Employer's actions

Any employer can hire a citizen of Ukraine. The admission procedure is standard and practically no different from the employment of Russian citizens. However, if a Ukrainian gets a job for the first time, he will need to transfer information to the Pension Fund and register a SNILS.

Many employers refuse to hire Ukrainians at all. They justify this with words like “we don’t register a citizen of Ukraine for work, because it’s difficult and tedious, it’s necessary to submit a lot of papers to the authorities.” This is, of course, the wrong approach. There are very few papers here, and they can be sent by registered mail. What documents exactly need to be completed? More on this later.

Notification to government agencies

The total number of papers that must be submitted to government agencies varies depending on whether the employer is a legal entity or an individual. So, if the head of the enterprise is a legal entity, then the authorities will have to submit:

• a copy of the certificate of entry into the Unified State Register of Legal Entities;
• a copy of the application for tax registration.

If the employer is an individual, that is, an individual entrepreneur, then you will have to provide all the same documents, as well as:

• documents confirming the agreement with a foreign partner on the employment of a Ukrainian citizen;
• a receipt for payment of a state fee of 3 thousand rubles for each employed citizen.

What about refugees? Is there any special hiring procedure for them? More on this later.

Work Patent Changes Effective 2020

From 2020, labor migrants from Ukraine who want to find work in St. Petersburg will have to pay more to obtain a work patent. The cost of this permit will increase by 500 rubles and amount to 3,500 rubles per month. For the year, this amount will be 42 thousand rubles.

The rise in patent prices in the Northern capital is explained by certain realities in the labor market. Migrant earnings, as well as the average salary, have increased in recent years, while the cost of a patent has remained unchanged since 2020. Like St. Petersburg residents, foreign workers take full advantage of the city's infrastructure and therefore must also finance its maintenance.

During 2020, labor migrants in St. Petersburg received 211.5 thousand patents, and during 8 months of 2020, 152.3 thousand work permits were issued. During the first 6 months of 2020, over 13 thousand were registered in St. Petersburg. foreigners from the CIS countries, which is 66% higher than the number of migrants in the first half of last year.

About the employment of refugees

Work for Ukrainian citizens with refugee status is regulated by the Federal Law “On Refugees” of 1993. It is immediately worth noting that, according to this bill, no special employment rules are established. Both refugees and ordinary Ukrainian citizens are hired according to the same procedure. In particular, persons with refugee status must register with the Pension Fund of the Russian Federation, submit information about themselves to the tax service and contact the Employment Center.

However, there are still some differences: there is no need to pay a state fee, as well as the needlessness of transferring information about a Ukrainian partner enterprise to the migration department (it is unlikely that a Ukrainian refugee can come to Russia on behalf of any company to exchange professional experience).

Algorithm of actions

Migration Department employees have compiled detailed instructions for Ukrainians to officially find employment in Russia. Thus, hiring Ukrainian citizens will be possible only after applicants have completed the following stages:

• crossing the Russian border;
• filling out the migration card, indicating the real purpose in it (writing the word “work”);
• registration at the territorial department of the migration affairs department - for a maximum of 3 months;
• obtaining medical certificates and a medical policy confirming the fact of voluntary insurance;
• passing a medical commission - testing for infection;
• issuing certificates of proficiency in Russian and basic knowledge of Russian history;
• filing an application with the migration service requesting a patent;
• obtaining and paying for a patent;
• registration of employment, signing of an employment contract;
• providing the migration department with a copy of the employment contract.

It should be noted that citizens of any countries with which a visa-free regime has been established can follow such instructions.

Erroneous actions of the employer when applying for jobs for Ukrainians