Immigration Guide to Russia

Page 1

Immigration Guide to Russia Courtesy of TIM Services: The Professional Immigration Agency


Table of contents IMPORTANT INFORMATION ……………………………………….………………….…………. 3 INTRODUCTION………………………………………………………………..………………………… 4 ENTERING AND STAYING IN RUSSIA………………………………………..………………… 5 IMMIGRATION CARD……………………………………………………………………..…………… 7 TYPES OF RUSSIAN VISAS .……………………………………………..……….…………………. 9 Overview of Russian visas .....…………………….……………………………………....... 9 Business visas ……………………………………..………………………………..……………... 11 Documents required to obtain a visa…………………………………………….……. 12 IMMIGRATION REGISTRATION…………………………………………………………………. 13 EMPLOYMENT IN RUSSIA…………………………………………………………………………. 15 General overview….………………………………………………………..………………….…. 15 Standard legalization procedure………………………………………………………… 17 Employment of highly qualified specialists…………………….……………….…. 22 Employment with the SOCHI 2014 Organizing Committee……………….. 27 CATEGORIES OF FOREIGN NATIONALS AND THEIR LEGAL STATUS……….. 28 General overview ...………………………………………………………………………….…... 28 Temporary residency ...………………………………………………………………………… 28 Permanent residency ……………………………………………….......………………….... 32 Permanent residency for highly qualified Specialists and their family members…………………………………………………… 34 PENALTIES FOR VIOLATING IMMIGRATION LAWS ……………………..…………… 36 Choosing the procedure to employ a foreign national……………………………… 38 PARTNERS ………………………………………………………………………………..………………. 39 ABOUT TIM SERVICES……………………………………………………………………………….. 42

2


Important information Locator for Russian consulates and embassies all over the world: www.russianembassy.net Note that: +7 is the international code for Russia 8 is the code which can be used for calling within Russia Emergency services: Fire 01 Police 02 Ambulance 03 General emergency service number (dialed from mobile) 112 Russian national holidays: January 1, 2, 3, 4 and 5 - New Year holidays January 7 - Russian Orthodox Christmas February 23 - Defenders of the Fatherland Day March 8 - International Women's Day May 1 - Holiday of Spring and Labour May 9 - Victory Day June 12 - Day of Russia November 4- National Unity Day National holidays can be moved or prolonged by Government order. Please refer to the “Partner� section for other useful contacts.

This document has been prepared as a guide on matters of interest only and cannot substitute for professional advice in any specific instance. Its accuracy cannot be guaranteed, nor is it a complete guide to such matters.

3


Introduction Welcome to Russia, the largest country in the world! Russia is a country of charming landscapes, challenging life and impressive contrasts. Comprising more than 17 million km?, and being home to more than 150 million people of many different nationalities and customs, Russia is often called a bridge between Europe and Asia, both geographically and socially. Like other countries in the world, Russia has much to offer foreign visitors both professionally and culturally. Awareness of immigration formalities is necessary for a trouble free stay here. This handout is designed to ease the path of each person coming to Russia and ensure that they enjoy their time to the full. In addition to the information in this mini-guide, TIM Services, The Professional Immigration Agency would be pleased to assist you in immigration related issues and put efficiency and expertise to work for your financial benefit. Please do not hesitate to contact us at your convenience to discuss how we may be of service to you. Enjoy your stay in Russia! Sincerely, TIM Services

4


Entering and staying in Russia The Russian government maintains a restrictive visa regime for foreign nationals who visit, pass through, or reside in the Russian Federation. Please be aware that Russian immigration and visa laws change regularly, and the implementation of new regulations has not always been predictable. To enter Russia for any purpose, a foreign national (excluding most nationals of CIS countries) must possess a bona fide visa issued by a Russian Embassy or Consulate and a valid passport. It is impossible to obtain an entry visa upon arrival, so travellers must apply for their visas well in advance. Foreign nationals who arrive in Russia without an entry visa will not be permitted to enter the country, and face immediate return to the point of embarcation at their own expense. A visa is a document issued on the basis of an invitation for entry into the Russian Federation. The visa determines the length of time a foreign national may stay in Russia (please see further details if you wish to enter with a business visa). The first date indicates the earliest day a foreign national may enter Russia, whilst the second date indicates the date by which a foreign national is obliged to leave Russia. A Russian visa is only valid for those exact dates and cannot be extended after entering the country, excluding emergencies. A Russian visa is not a stamp in your passport but a printed page (with a holograph to avoid counterfeit) that is glued into the passport. Foreign nationals who apply for Russian visas in third countries where they do not have permission to stay more than 90 days may face considerable delays in visa processing or may even be denied a visa from that country. To avoid any difficulties while applying for a visa in such a situation, please confer with the corresponding Russian Embassy.

Documents required for foreign nationals staying in Russia:     

valid passport valid visa (if a visa regime is stipulated by Law) immigration card immigration registration work permit (if the purpose of the visit is employment)

5


Restricted areas Foreign visitors should be aware that there are several closed cities and regions in Russia. Travelers who attempt to enter these areas without prior authorisation are subject to penalties. While applying for a visa all areas to be visited should be carefully listed.

TIPS  According to Russian Law, a visa becomes invalid once a passport has expired.  Before entering Russia check that your visa does not contain any mistakes.  The total length of each stay in Russia by a foreign national under the terms of a multiple entry business visa cannot exceed 90 days in any 180 day period.  Ensure that your visa reflects intended activities in Russia (e.g. if you are going to work in Russia, a work visa should be applied for).  If you change a passport, make sure you have the Russian visa restamped.  To avoid any difficulties while crossing the Russian border make sure your passport is not damaged or will not expire within six months of departing.  Visitors who lose their passport by accident or theft must immediately replace their passport at their Embassy. The traveler must also obtain a new visa in order to leave the country. It is useful to make a photocopy of your visa, passport, and immigration registration in order to avoid potential difficulties.

6


Immigration card Upon entry, visitors are required to fill in immigration cards (see illustration), which are usually distributed to passengers on incoming flights and available at arrival points in Russia.

Immigration card 7


What should be done with an immigration card? 1. Foreign nationals irrespective of age are required to fill in 2 identical sections (A and B) of an immigration card. The card should be completed clearly in Russian or English block capitals according to passport data. Indicate sex in the corresponding columns with an “X” 2. The immigration card and passport with visa are handed over to an immigration control officer for checking and further endorsement. Section A is taken by the immigration official and section B is given back to the foreign national. The stamp date indicated is considered to be the first day of a stay in Russia. 3. An immigration card should be carefully kept throughout the duration of the stay in Russia and is given back upon departure.

TIPS  A new immigration card should be filled each time a foreign national enters Russia.  Replacement of lost or stolen immigration cards is a complicated procedure. A foreign national should contact the Federal Immigration Department within 3 days for passport data to be checked and a replacement card to be issued. In order to minimize difficulties arising from random document checks by police officers TIM Services advise that copies of the immigration card, passport, visa, and immigration registration are kept in addition to the originals.  When completing an immigration card please ensure that you declare the inviting party as named in your valid visa.

8


Types of Russian visas As already made clear, for entry into Russia for any purpose, a foreign national (excluding most nationals of CIS countries) must possess a bona fide visa issued by a Russian Embassy or Consulate and a valid passport. In order to obtain a visa, a foreigner has to get an invitation first and then apply for a visa. The table below provides a brief overview of visa types in Russia:

Diplomatic visa

Business visa Private visa

Service visa Tourist visa Regular visa

Student visa Work visa

Transit visa Humanitarian visa Visa of a temporary resident

Visa for asylum

Several kinds of regular visas are widely used by foreign nationals. Each visa type corresponds to the purpose of the visit. So, when choosing the type the only consideration should be the reason for travelling.

9


The duration of a stay is determined by the validity period of the visa. The foreign national is obliged to leave Russia by the expiry date of the visa. To extend visa validity and therefore the duration of the stay, a visitor should apply to the immigration authorities in advance before the expiry of the current visa. At least 20 days should be allowed for the consideration of a visa extension application. In circumstances of a humanitarian nature (immediate treatment, disease, death of a close relative) as well as circumstances of compelling force (disasters, earthquakes, etc.), the current visa can be extended for the period necessary to take measures and depart from Russia. Private visas A private visa is issued to foreign nationals who come to Russia for a personal visit (friends, relatives etc.). It can be valid for up to 3 months and is single entry only. Tourist visas A tourist visa is issued for travelers who come to Russia for tourism purposes. It can be single or double entry, individual or granted for a group. The validity period of a tourist visa is up to 1 month. Student visas A student visa is granted only to students, who come to Russia for exchange or study. An invitation for the purpose of studying is issued upon application from the educational institution. A visitor on a student visa can stay in Russia during the whole period of its validity. Work visas Those foreign nationals who have arrived to work in Russia have to obtain work visas. Such visas are given to foreigners who have an official employment (or civil) contract in Russia and thus have work permits. Work visas are issued for a period of up to 12 months for foreign nationals employed following the standard procedure and for up to 3 years for foreign nationals employed as highly qualified specialists. In both cases, the duration of the work visa is equal to the duration of the work permit issued. The latter visa type can be extended for another 12-month or 3-year period without leaving Russia. A work permit must be renewed in good time.

10


Humanitarian visa A humanitarian visa may be granted to foreign nationals whose main objective for visiting Russia is to participate in scientific, cultural, sports activities as well as for charity and humanitarian aid. This visa can be single, double or multiple entry for up to 12 months. A person who has obtained a multiple 1-year humanitarian visa can continuously stay in Russia for a period of not longer than 90 days in any period of 180 days. Business visas Business visas are granted to individuals whose main purpose for visiting Russia is to conduct business activities (usually short-term) for which work authorisation is not required. Business visitors have to generally limit their activities to attending meetings, exhibitions, fairs or seminars as well as negotiating/signing contracts, consulting, etc. There are several types of business visa available in Russia:      

Single entry visa valid up to 30 days Single entry visa valid up to 90 days Double entry visa valid up to 30 days Double entry visa valid up to 90 days Multiple entry visa valid up to 6 months Multiple entry visa valid up to 12 months.

Please note that multiple entry visas can be granted if a foreign national has already been to Russia and can confirm it by providing his previous Russian visa. As already stated a visa is issued on the basis of an invitation. Invitations for business visas can be issued in 2 forms: a) Letter of Invitation (LoI) LoI is a special document issued by the Federal Immigration Department upon the request of accredited companies. In this case a foreign national obtains LoI which is then presented to an official in a Russian Embassy who issues a visa. Please refer to the “Required Documents to get a visa” section. b) Telex A telex is issued by the Russian Ministry of Foreign Affairs upon the request of accredited companies. Only international public organisations can be accredited in Ministry of Foreign Affairs. In the case of telex you do not receive a paper document, but get a special number and the name of the inviting organisation. This information can be directly passed to the visitor beforehand by phone or email. A foreign national gives this information to an official in the Russian Embassy who issues a visa. 11


TIPS  A person with a multiple business visa can continuously stay in Russia for the period not longer than 90 days in 180 day period.

Documents required to obtain a visa The following set of documents is usually required to obtain a visa:    

application form (provided by a Russian Embassy or consulate); passport valid six months beyond the period of the intended stay; passport size photo; invitation, a standard tourist confirmation (for a tourist visa) or copies of airline tickets, etc.;  HIV certificate (for visas lasting more than three months).

The scale of consular fees taken for issuing Russian visas is usually established on the basis of reciprocity. Documentation requirements and processing time for visa applications tend to vary across Russian Embassies and may change frequently. Refer to a Russian Embassy to find out exactly what is required for a particular visa type.

12


Immigration registration All foreign nationals must observe immigration registration requirements and undertake immigration recording (or immigration registration) within 7 business days upon arrival. To register, a foreign national must submit a copy of their passport with a valid visa and immigration card to the hosting party. The hosting party must then submit a special notification to the relevant executive authorities and provide the foreign national with a tear-off coupon (see illustration). A coupon consists of two parts: a. The first part includes information about the Employee/Visitor, hosting party and address. b. The second part contains the Employee/Visitor’s address and departure date. The second part of the notification coupon (with stamp) is the confirmation that his or her presence has been registered. The stamped original registration should be kept as proof of immigration recording. A foreign national is de-registered automatically when:  the foreign national is registered at a new place of residence after receiving information from the immigration authorities about registration at a new place of residence;  the foreign national has left Russia after receiving information from customs authorities about the departure of such a foreign national from Russia;  a number of other specific instances. It should be noted that to terminate immigration registration a foreign national no longer has to return the coupon to the hosting party as deregistration is completed automatically. During a stay in a hotel, it is the hotel’s responsibility to complete the registration process.

13


Special attention should be paid to the specifics of registration procedures for highly qualified specialists (or HQS) and their family members: 1. A HQS and his/her family members do not need to be registered if their stay in Russia does not exceed 90 days; 2. If the stay of the HQS and his/her family members is more than 90 days, they need to register within 7 business days after the expiry of the 90-day period. 3. If the HQS or his/her family members are already registered, when they travel around Russia and stay at a new location for less than 30 days, such foreign nationals do not need to be registered at the new place of residence; 4. If the period of stay at a new location is longer than 30 days, the immigration registration should be completed within 7 business days after the expiry of the 30-day period.

14


Employment in Russia The Russian immigration system has changed significantly over recent years. Some of the changes include the amendment of several laws and the introduction of some new regulations to improve procedures and make them more straightforward. However, the current situation concerning the immigration & employment of foreign nationals in Russia is still far from perfect and needs further thorough revision by state authorities and the undivided attention of companies seeking to employ foreign nationals. There are two ways to employ foreign nationals in Russia: 1. Standard or regular procedure 2. Procedure for highly qualified specialists A brief overview of both procedures is outlined below. A work permit is not needed for the following foreign nationals: 1) Permanent residents in Russia (holders of permanent residence permit); 2) Participants in state programs for the assistance of voluntary relocation of nationals living abroad and their family members wishing to relocate to Russia; 3) Employees of diplomatic corps, consular institutions of foreign states in the Russian Federation and private domestic staff of the above stated individuals; 4) Employees of foreign legal entities (producers or suppliers) hired to assemble and maintain equipment imported into Russia; 5) Journalists accredited in the Russian Federation; 6) Students studying in Russian educational establishments and working on vacations; 7) Students studying in Russian educational establishments and working there as assistant staff in their spare time;

15


8) Lecturers (tutors) invited by an educational organisation (except individuals coming to teach in religious institutions); 9) Employees of accredited (as required by Law) representative offices of foreign legal entities that are within the quota of allocated staff according to bilateral international agreements between Russia and respective jurisdictions; 10) Temporary residents in Russia (holders of temporary residence permit).

16


Standard legalization procedure At the present time, the procedure for the legalization of foreign employees under the standard scheme is rather complex and involves obtaining various permits from the Federal Immigration Service, Federal Immigration Department, Employment Centre, as well as the Tax Inspectorate and a number of other authorities. The following is the procedure for obtaining employment authorisation for foreign nationals temporarily resident in Russia and having a visa. 1. 2. 3. 4. 5. 6. 7.

Submission of a foreign labour forecast Submission of an application and its processing in an Employment Centre Processing of an employment permit Processing of an individual work permit Company accreditation for visa support Processing of a work visa Notification of tax authority on employment of a foreign national

1) Submission of a foreign labour 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 the all-Russia rate. In other words, the Russian Government sets a national quota for the maximum number of available work permits and work visas for each year. Quota numbers do usually vary from year to year and are allocated among professions, nationality as well as regions of Russia. For these reasons an employer should submit a forecast in order to obtain a quota of work permits. Companies which have not complied with the forecasting requirements in the stated terms do not obtain a quota and will be unable to obtain work permits. At the same time, the submission of a forecast does not mean that a company will get a quota. The forecasts are considered by a special Interdepartmental Commission and decisions taken no later than 10th July of the year when the forecast was submitted.

17


Special attention should be paid to the timing: If a company wanted to attract and hire foreign specialists in 2012, the forecast for 2012 had to be submitted before May 1, 2011. Many new companies establishing business in Russia are facing difficulties in applying for work permits because they are not able to submit forecasts in time. 2) Submission of an application and its processing in an Employment Centre Not less than a month before submitting an application to the Federal Immigration Service a company should inform the Employment Centre of newly established positions for which they plan to employ foreign specialists. Should an Employment Centre succeed in finding an adequately qualified Russian citizen available to do the job, the application will be rejected. It is evident that companies’ disclosure about new vacancies is being used as a means of solving problems in the national labour market. 3) Processing of an employment permission One month later the employer may start filing documents with the Federal Immigration Service to obtain employment permission. This document allows a company to employ foreign nationals and includes information about the quantity of hired specialists, their nationality, jobs as well as the regions where they can work. 4) Processing of an individual work permit Work permits are issued individually for each foreign national and are valid for no more than 1 year. To obtain a work permit, a foreign national is obliged to undergo a medical examination and to be free from HIV, drug addiction, tuberculosis, leprosy (Hansen illness), syphilis, Chlamidial lymphogranuloma and chancroid. Legalized certificates and diplomas should also be provided to confirm professional qualifications. A work permit is issued in the form of a two-sided plastic card. Side A contains personal data such as name, date of birth, nationality, ID, position, photo and validity period of a work permit. Side B specifies the employer and his tax identification number, work permit number, date of issue, etc. (please see illustration). In practice, the acceptance of work permit applications can be denied following the fulfillment of the quota. All applications are then terminated irrespective of positions applied for. 18


TIPS ďƒź If your company changes location, please ensure that you have the right region indicated in the work permit. 19


5) Company accreditation for visa support A company should also register with the 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 is obliged to stay on the basis of a work visa. If a visa does not accurately reflect the intentions and reason for the visit, a fine with possible deportation may be imposed. Processing of a work visa consists of two steps:  obtaining an invitation and the processing of a 3 month work visa;  the conversion of a 3 month work visa into a multiple entry work visa after entering Russia. Work visas may be extended if a work permit was processed within time scales for a new period. The immigration recording (or registration) should also be undertaken within 7 business days upon arrival. For details please refer to the corresponding section. TIPS  A foreign national’s business visa cannot be converted into a work visa within Russia. 7) Notification of tax authority 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 tax authority within 10 days.

20


Traveling across Russia while employment Special attention should be paid to provisions regulating the travel of foreign nationals employed in Russia. There are instances when a foreign national staying in Russia can perform work outside the region of the Russian Federation for which they were issued a work permit: a. Business trip If a foreign national temporarily staying in Russia is sent on a business trip, the total duration of work outside the stated region should not exceed 10 calendar days within the validity of the work permit. b. Regular employment includes traveling or field work and this is stipulated in the labour contract If a foreign national is temporarily staying in Russia on this basis, the total duration of work outside the stated region must not exceed 60 calendar days within the validity of the work permit.

Accompanying family members Accompanying family members receive corresponding visas that are based on the work visa of the employed family member. The procedure is similar to a work visa application: a 3 month visa for a family member is processed initially and then revalidated as a multiple entry visa for an additional family member. The procedures for undertaking immigration recording as well as other provisions for staying in Russia are also applicable. Accompanying family members have to obtain separate work permits if they work.

TIPS ďƒź Employers of HQS family members are not required to obtain quota, employment permission for the stated category of foreign nationals.

21


Employment of highly qualified specialists A highly qualified specialist (hereafter - HQS) is defined as a foreign national having experience, skills or achievements in a certain sphere if his/her terms of employment meet the following criteria: 1) The salary of the HQS is no less than 1 000 000 Russian Rubles per annum and the HQS is going to hold a position as a scientist/tutor invited to the Russian Federation for research and scientific work or teaching in accredited institutions of higher education, the State Academy of Sciences or its regional departments, etc. 2) Foreign nationals employed in Skolkovo are not required to have a minimum salary (under the Federal Law “On the ‘Skolkovo’ innovation centre”). 3) All other categories of HQS are required to earn no less than 2 000 000 Russian rubles per year. IMPORTANT! Foreign nationals entering Russia for predicant or religious activity cannot be employed as a HQS.

Please pay attention to the following specifics of employment for HQS: a. Highly qualified specialists can be employed by:  Russian commercial entities;  Russian scientific organizations, educational institutions (except religious institutions);  medical institutions and other organizations that conduct scientific, technical or innovative activities, research projects, testing and preparation of staff according to state priority areas of science and technology development in the Russian Federation, if covered (as required by law) by state accreditation;  accredited (as required by law) branch offices of foreign legal entities in the Russian Federation Which have not violated laws for the employment of foreign nationals in the 2 years prior to applying for work permits for highly qualified specialists

22


b. To employ a HQS the following requirements should be met:  payment of a salary in the amount established by law (please see above);  the HQS as well as his/her family members coming with him/her to Russia are required to have a medical insurance contract covering Russia or to have the right to receive medical first aid on the basis of a contract concluded with the HQS’s employer. Both contracts mentioned should be valid for the duration of the employment (civil) contracts concluded with the HQS. c. Specifics:  A work permit must be issued for the duration of the employment (civil) contract concluded with the employer inviting such a specialist, but for no more than 3 years. A work permit can be renewed for 3-year periods within the duration of the employment (civil) contract.  If a highly qualified specialist is planning to work in several regions of Russia, one work permit covering these regions can be issued.  A work permit is issued beyond the quotas regularly established by the Russian Government.  Diplomas and medical certificates are not required under procedure for HQS.

The following is the procedure for employing highly qualified specialists:

1. 2. 3. 4. 5. 6.

Processing of a work permit Company accreditation with the Federal Migration Service Processing of a work visa/invitation for a work visa Notifying the tax authorities about employment of a foreign national Registration of a foreign national with the tax authorities Notification of immigration authorities that a foreign national has been registered with the tax authorities 7. Notification of immigration authorities on the HQS’s salary national

23


1) Processing a work permit

24


2) Company accreditation with the Federal Migration Service 3) Processing a work visa/invitation for a work visa If a foreign national stays in Russia on the basis of a work visa, his/her visa can be renewed into a work visa of a highly qualified specialist as soon as a work permit as for the HQS is received. Such a visa is processed within Russia. If a foreign national stays outside of Russia and has not been employed within Russia, an invitation should be processed. This invitation will be the basis for obtaining a work visa valid for the period of the work permit issued for the HQS for up to 3 years. 4) Notification of tax authorities on employment of a foreign national Once a work permit and work visa are received, the employer shall notify the tax authorities within 10 days. 5) Registration of a foreign national with the tax authorities (or obtaining an individual tax identification number –INN). 6) Notification of immigration authorities that a foreign national has been registered with the tax authorities should be completed within 30 days upon the receipt of a work permit by the HQS. 7) Notifying the immigration authorities on the HQS’s salary An employer is required to file quarterly notifications to the immigration authorities on the salary of highly qualified specialists, termination of employment (civil) contracts and in some other specific cases.

Immigration registration procedures should also be completed. For details, please refer to the corresponding section “Immigration Registration”.

25


Travel by a HQS across Russia while employed As you are already aware, a highly qualified specialist may have a work permit covering several regions of Russia. However, if a work permit does not cover the region where a foreign national intends to travel, the following rules should be kept in mind. There are instances when a foreign national staying in Russia can perform work outside the region of the Russian Federation for which they were issued a work permit: a. Business trip If a HQS is sent on a business trip, the total duration of work outside the stated region should not exceed 30 calendar days annually within the validity period of the work permit. b. Regular employment includes traveling or fieldwork and this is stipulated in the labour contract The total duration of a HQS’s work outside the region of Russia for which the foreign national was issued a work permit is not restricted.

Accompanying family members of HQS  The following relatives are recognized as family members of a HQS (for the purpose of obtaining a family member visa): wife/husband, children (including adopted children), husbands and wives of children, parents (including adoptive parents), and spouses of parents, grandmothers, grandfathers and grandchildren.  Family members of a HQS can obtain regular work visas issued for the duration of the HQS’ visa with the right to renew it.  Family members of a HQS may work in Russia, and may be granted a work permit in addition to those allotted within the annual government quota. Employers of HQS family members do not require employment permission for the stated category of foreign nationals.  The length of stay given to a HQS and their family members (who do not need a visa to enter Russia) depends on the terms stipulated in HQS’ work permit.  Highly qualified specialists and their family members can apply for permanent residence in Russia.

26


Employment with the Sochi 2014 organizational committee It is well known that immigration regulations in Russia are quite strict and complex for foreign nationals as well as for their employers. At the same time, there are certain exceptions for expatriates employed in Russia participating in the organization and holding of the Olympic and Paralympic Games in Sochi 2014. The rules differ if an individual has an Olympic Identification Card (ID) and accreditation. a) For individuals not holding the Olympic ID and accreditation Foreign nationals entering into employment or civil contracts with the Sochi 2014 Organizational Committee need only obtain individual work permits as opposed to the normal formalization procedure described earlier in this guide. This simplified procedure allows the Sochi 2014 Organizational Committee to apply as an employer to the Federal Migration Service with a specified list of documents. The applications are legally required to be processed within 5 business days. It should be noted that work permits for the Organizational Committee are issued without regard to the quota which is annually established by the Russian Government. As for work visas and immigration registration, these regulations and documents should be followed and processed as normal. b) For holders of the Olympic ID and accreditation When foreign employees of the Sochi 2014 Organizational Committee obtain Olympic IDs and accreditation, they are able to work and stay in Russia without work permits and immigration registration throughout the period of the organization and holding of the Olympic and Paralympic Games in Sochi 2014.

27


Categories of foreign nationals and their legal status General overview The Federal Law “On the legal status of foreign nationals in Russia� divides foreign nationals into three categories in terms of their legal status: b) Temporary visitors c) Temporary residents d) Permanent residents The majority of foreign nationals belong to the category of temporary visitors. This category of visitors is determined in Russia on the basis of visas which limit the length of stay. In order to work, such foreign nationals need a work permit and a work visa. Their status is changed to a temporary resident if a temporary residence permit is obtained. Temporary resident status may be converted to a permanent resident status in due time as a permanent residence permit (PRP) is obtained.

Temporary residency Temporary residents are the holders of temporary residence permits (TRP) issued for 3 years. The TRP is issued for a term of three years. TRP may be issued to a foreign national according to the general and simplified procedure: General Procedure The TRP is issued within the boundaries of a quota established by the Government of the Russian Federation according to the proposals of the executive government authorities, taking into account the demographic situation in the corresponding area of the Russian Federation and the ability of this area to accommodate foreign nationals. The procedure for processing the TRP within the boundaries of the quota is divided into two parts: 1. Receiving a place in the quota 2. Receiving the TRP

28


Simplified Procedure Without considering the quota, the TRP is issued to a foreign national:  Born in the territory of the RSFSR and who was in the past a citizen of the USSR or who was born in the Russian Federation;  Deemed disabled and who has a capable son or daughter who is a Russian citizen;  Married to a Russian citizen  Who has entered military service, for the duration of his military service;  Who is participating in a government program assisting in the voluntary resettlement to Russia of those citizens who have lived abroad and for members of their families resettling with them to Russia;  Who has a child that is a citizen of the Russian Federation;  Who has a son or daughter that is 18 years of age and who is a Russian citizen and who is recognized by a court’s decision as disabled or having limited abilities;  Who has not yet reached 18 years of age and is receiving a temporary residence permit together with a parent (foster parent, guardian, or trustee);  Who has not yet reached 18 years of age and is receiving a temporary residence permit upon the application of a parent (foster parent, guardian, or trustee) who is a Russian citizen;  Who has reached 18 years of age and, according to the laws of a foreign country, is considered disabled or has limited abilities, and who is receiving a temporary residence permit together with a parent (foster parent, guardian or trustee) who is a foreign national;  Who has reached 18 years of age and, according to the laws of a foreign country, is considered disabled or havs limited abilities, and who is receiving a temporary residence permit upon the application of a parent (foster parent, guardian, or trustee) who is a Russian citizen;  In other cases stipulated by federal law.

29


Advantages  After receiving the TRP for a foreign national who is employed in Russia, there is no need to obtain a work permit;  After receiving the TRP, the foreign national enters/exits the Russian Federation based on a temporary residence visa, which is multi-entry and is issued for a term of three years. The foreign nationals resides in Russia on the basis of the TRP;  After receiving the TRP, the foreign national is not subject to immigration registration, compared to the foreign national who has the status of temporary visitor. In this case, registration is processed for three years and which needs to be verified annually. Immigration registration is done only when exiting the region for which the TRP is issued. After receiving the TRP, the foreign national is entitled to registration in the mandatory pension fund and social insurance systems. Disadvantages  Current legislation does not provide the ability to extend a temporary residence permit. When the permit expires, the foreign national must go through the process of forming a new TRP again.  The territorial limits of residence and of work activities are limited by the boundaries of the region in which the TRP is issued.

30


Grounds for refusal or revocation The TRP is not issued or is revoked if the foreign national in question:  Does not have a place of residence three years after entering the Russian Federation;  Has left Russia to permanently reside in a foreign country;  Remains outside of the Russian Federation for more than six months;  Marries a Russian citizen on the basis of receiving a temporary residence permit and the marriage is pronounced invalid by a court of law, etc. Registration according to place of residence Within seven business days from the date the TRP is received, the foreign national must register according to their place of residence and the address they indicated when submitting their documents for processing the TRP. In order to register according to the place where they live, the foreign national must submit an application and packet of documents necessary for registration to the local office of the Federal Migration Service where they reside. Annual confirmation Within two months from the end of the year following the date that the TRP was received, the foreign national must submit a notice confirming their residence in the Russian Federation to the local office of the FMS where they received their TRP.

31


Permanent residency Temporary resident status is converted to a permanent resident status as soon as a permanent residence permit (PRP) is obtained. Advantages The possessor of a PRP:  has the right to enter and exit the Russian Federation without a visa;  has the ability to work without processing a work permit;  to live and be employed in any region of the Russian Federation by only reregistering;  is subject to registration in the mandatory pension insurance system and social insurance system;  is not obligated to state an intent to renounce their citizenship;  may be able to apply for Russian citizenship after living five years on the basis of the PRP if there is no basis for the simplified procedure of granting Russian citizenship. Application The application for a permanent residence permit is submitted by the foreign national at the local office of the Federal Migration Service no later than six months prior to the expiration of their temporary permanent residence permit. Prior to receiving a permanent residency, the foreign national must have lived in the Russian Federation for at least one year on the basis of a temporary permanent residence permit. Validity The permanent residence permit is issued for no more than five years. When the PRP expires, the foreign national may submit documentation to extend the PRP for another five years if an application to do so is submitted to the FMS no later than six months prior to the expiration of the current PRP. The PRP may be extended an unlimited number of times.

32


Registration according to permanent residence Within seven days of receiving the PRP, the foreign national must register according to their location of permanent residence using the address declared when they submitted the documents for the PRP. In order to register at their place of residence, the foreign national submits their application and packet of necessary registration documents to the local office of the FMS where they reside. Annual confirmation Within two months from the end of the year following the date that the PRP was received, the foreign national must submit a notice confirming their permanent residence in the Russian Federation to the local office of the FMS where they received their PRP.

33


Permanent residency for highly qualified specialists and their family members A permanent residence permit (PRP) for a highly qualified specialist (HQS) is a document issued to a foreign national which certifies the right to permanent residence in the Russian Federation.

Advantages The possessor of a PRP: ďƒź is subject to registration in the mandatory pension insurance system and social insurance system; ďƒź is not obligated to state an intent to renounce their citizenship; ďƒź may be able to apply for Russian citizenship after living five years on the basis of the PRP. HQS as well as his/her family members may apply for a permanent residency status at one time. Application The application for a permanent residence permit is submitted by the foreign national at the local office of the Federal Migration Service on the basis of an employment (civil) contract and HQS work permit without necessity to apply for a temporary residency (as compared to the regular procedure). Validity The permanent residence permit is issued for validity of a concluded employment (civil) contract but for no more than validity of identification document. Validity of a permanent residency issued to HQS and family members can be renewed in case of an employment (civil) contract renewal. The number of renewals is not limited by law. If the contract is terminated and HQS has not succeeded to conclude a new contract, the permanent residency is annulled within 2 months upon the contract termination.

34


Registration according to permanent residence Within seven days of receiving the PRP, the foreign national must register according to their location of permanent residence using the address declared when they submitted the documents for the PRP. In order to register at their place of residence, the foreign national submits their application and packet of necessary registration documents to the local office of the FMS where they reside. Annual confirmation Within two months from the end of the year following the date that the PRP was received, the foreign national must submit a notice confirming their permanent residence in the Russian Federation to the local office of the FMS where they received their PRP.

35


Penalties for violating immigration laws Violation Violation of regulations crossing Russian borders

for

Violation of regulations at crossing points at the state border of Russia Violation of entrance and residence regulations in Russia by a foreign national Violation of residence regulations for foreign nationals (including stateless persons) by a representative of the hosting party or any foreign national, temporary resident, or stateless persons in Russia Violation of immigration registration rules by a hosting party Labour activity without work permit or patent

Illegal employment of foreign nationals

Failure to notify relevant state authorities on employment of foreign nationals

Violation of restrictions on the employment of foreign nationals (including stateless persons) by employer Violation of restrictions for certain labour activities by foreign nationals (including stateless persons)

For foreign nationals or stateless persons 2000 - 5000 RUR With deportation or without

For private persons

For officials

For legal entities

2000 - 5000 RUR

30000 50000 RUR

400000 – 800000 RUR

Up to 1000 RUR or notice

-

-

-

-

-

2000 - 4000 RUR (residents of Russia)

2000 - 4000 RUR

40000 50000 RUR

400000 - 500000 RUR

-

2000 - 4000 RUR

40000 50000 RUR

400000 - 500000 RUR

2000 - 5000 RUR

25000 50000 RUR

250000 - 8000000 RUR or suspension of operations up to 90 days

2000 - 5000 RUR

35000 50000 RUR

400000 - 8000000 RUR or suspension of operations up to 90 days

Up to 1000 RUR With deportation or without 2000 - 5000 RUR With deportation or without

2000 - 5000 RUR With deportation or without -

-

-

2000 - 4000 RUR With deportation or without

2000 - 4000 RUR

45000 50000 RUR

800000 - 1000000 RUR or suspension of operations up to 90 days

-

-

-

Violation of restrictions on certain labour activities by foreign legal entities, branches or representative offices

-

-

-

800000 - 1000000 RUR or suspension of operations up to 90 days

If an issued type of a visa does not correspond factual purpose of entry of a foreign national

2000 - 5000 RUR With deportation or without

-

-

-

36


In addition to the points mentioned above, criminal liability is also stipulated with regards to an employer for the organisation of the illegal entry and stay of foreign nationals or stateless persons. The penalties are as follows:  fine to the amount of 200 000 RUR or salary/other profit within 18 months of the conviction of an individual;  forced labour for up to 180 hours;  correctional work for up to 1 year;  imprisonment for up to 2 years.

37


Choosing the procedure to employ a foreign national

38


Partners This section is intended to provide information that may assist a visitor to Russia. The companies listed below render best-in class services.

AB Services, LLC is an American and British owned and managed company which provides Recruitment and Executive Search services in Moscow, Russia. We are committed to providing exceptional customer service, and have built an internal corporate culture to match this commitment.  We are easy to work with. Contracts are short and customer friendly;  Highly experienced and mature recruiters and consultants who get results;  Cost Effective. Our fees are reasonable, payment is success based, and we do not require exclusivity;  A genuine customer-service culture throughout the organization. www.abservices.ru

EVANS is one of the leading full-service real estate companies with offices in Moscow, New York and London. Founded in 1991 the company offers all realestate services.  Buy/sell apartments in Moscow and Moscow Region;  Property Search and Selection;  Rent/ lease high class residential and commercial property in Moscow and Moscow Region;  Property Management;  Legal assistance;  Worldwide Properties. www.evans.ru

39


TEAM Allied offers worldwide door-to-door relocations (corporate, diplomatic and private), local moves, office relocations and storage of personal belongings at its warehouse in Moscow. www.allied.ru

TIM Advisers is one of the largest law firms in Russia and the CIS that offers a whole range of legal services. Practice areas cover start-up, corporate, tax, intellectual property, labour practice and dispute resolution. The services of TIM Advisers have become the choice of the major Russian and international companies. Being the part of TIM group of companies, TIM Advisers activity is based on the principles to provide with tailored advice and thorough back-up. www.timadvisers.ru

To Russia with ease is the resource of free and up-todate information about Russia. It offers basic information about Russia, Moscow and St. Petersburg, travel services, a directory for cultural and educational exchange, safety tips, Russia in brief review, business opportunities, plus a listing of business associations. www.torussia.org

40


Troika Relocations is the leader in providing specialist, professional and highly personal Relocation Services throughout Russia. The company was established by experienced Relocation Professionals and Expatriates in order to provide a specialized and independent service to Global Service Providers and Multinational Companies. With customized solutions and a flexible approach, Troika has quickly gained a reputation for being committed to excellence. www.troikarelocations.com

US Dental Care has been providing professional dental services by American Board-certified and American-trained Russian dentists and hygienists since 1994.  Friendly family environment;  All specialties, including orthodontics, implantology, aesthetic;  Highest standards of sterilization;  Direct billing with major worldwide insurance companies;  Full diagnostic examination;  Corporate Membership program. www.usdentalcare.com

41


About TIM Services In today’s fast paced world, the success of business depends much on mobility and non-standard, fresh solutions. The Professional Immigration Agency TIM Services offers you the solutions to achieve that success. We take pride in ourselves at being number one because the experts of TIM Services consist of practicing lawyers with more than 12 years experience of solving immigration issues. The best proof of high quality for our services is the trust of the major Russian and transnational companies. Solution of immigration issues for foreign nationals is the main specialization of TIM Services. It includes a wide variety of benefits available within Moscow and in other regions of Russia:  Processing of employment permissions for companies  Processing of work permits for foreign nationals, including highly qualified specialists  Russian temporary & permanent residency  Company accreditation for visa support  Processing invitations for various types of visas (business, work visas)  Immigration recording & notifications  Immigration audits TIM Services standards include all kinds of arrangements to make our client’s business more successful and profitable:  Efficiency, due to ability of TIM Services expert’s online consulting and free delivery service within Moscow.  Accuracy of lawyers and back-up due to a well-proven businesstechnology.  Intention to solve a total complex of questions for our clients. Being the member of the American Chamber of Commerce, British Business Club and Russian-German Chamber of Commerce, our experts regularly give comments, speak at conferences on Russian laws in addition to writing articles for the media. The Professional Immigration Agency TIM Services is always available to consult you with regards to immigration laws and provide you with detailed information on the legalization of foreign nationals in Russia. For more information please contact TIM lawyers at +7.495.989.1817 or migration@timservices.ru Bld.12, 1st Kozhevnichesky per. 6, Moscow, 115114, Russia www.timservices.ru 42


Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.