Hiring foreign citizens in 2021: step-by-step instructions

Statuses of foreign citizens

The rights and obligations of citizens of other states on the territory of the Russian Federation are regulated by Federal Law No. 115-FZ dated July 25, 2002 “On the legal status of foreign citizens in the Russian Federation.” Paragraph 1 of Article 2 of Law No. 115-FZ establishes three statuses of foreigners and stateless persons.

1. Permanent residents. Such persons have a document called “Residence Permit of a Foreign Citizen”.
2. Temporary residents. They have a passport from Fr. Another proof of this status can be a document called a “Temporary Residence Permit” (as a rule, stateless persons have it).
3. Temporarily staying. The right to stay in the Russian Federation can be confirmed by a passport with an open visa or a migration card. In the latter case, we are talking about a foreigner who arrived from a country that does not have a visa regime with Russia.

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Notice of employment of a foreign worker

Employers are required to inform the Russian Ministry of Internal Affairs about the conclusion and termination of employment contracts with foreign citizens and stateless persons. The same applies to civil contracts for the performance of work (provision of services). This obligation is established in accordance with clause 8 of Art. 13 of the Federal Law of July 25, 2002 No. 115-FZ.

To inform about the facts of employment of foreigners, a corresponding notification is submitted to the Department of Internal Affairs of the Ministry of Internal Affairs of Russia. The current notification form is approved. by order of the Ministry of Internal Affairs of Russia dated 06/04/2019 No. 363 (until 09/09/2019 the order of the Ministry of Internal Affairs of Russia dated 01/10/2018 No. 11 was in force, approving similar forms), Appendix No. 13.

The notification contains information about each foreign worker with whom the employer has concluded or terminated an agreement for the performance of work (rendering services). All relevant fields must be completed in the notification.

The notification is submitted no later than 3 business days from the date of conclusion or termination (termination) of the relevant agreement. It can be sent:

• on paper directly to the Department of Internal Affairs of the Ministry of Internal Affairs;
• by post with a description of the contents and notification of delivery;
• in electronic form through the government services portal.

In the first two cases, the employer is issued a certificate confirming receipt of the notification. When a notification is received in electronic form, an electronic message indicating receipt of the notification is issued. The deadline for notification is no later than the business day following the day the notification is received.

Within two months from the date of issue of the patent, a “visa-free” foreigner hired must provide the territorial body of the Ministry of Internal Affairs of Russia with a copy of the employment contract (clause 7 of Article 13.3 of Law No. 115-FZ).

Methods for registering foreign citizens for work

You can enter into an employment contract or a civil law contract with a foreigner. In the first case, the employee is required to perform a labor function and obey labor regulations. In the second case, the employee must complete a specific amount of work within a specified time frame without subordinating to work regulations. For more details, see: “Differences between an employment contract and a GPC agreement: how not to make mistakes when registering a “temporary” employee.”

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Regardless of which agreement is concluded with a foreigner, additional permitting documents may be required.

So, if a candidate comes from a country with which Russia has a visa regime (and his passport contains the corresponding visa), then in order to be employed he must have a work permit. In most cases, the employer himself will need permission to hire such an employee.

If the homeland of a potential employee is a country with which Russia does not have a visa regime, then the employer does not need to have permission to hire an employee. But for employment, a foreigner may need a special patent, which is issued by the Ministry of Internal Affairs. The exception is workers from Belarus, Kazakhstan, Kyrgyzstan and Armenia. Citizens of these states do not need to obtain additional permits (including a patent) to work in Russia.

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How to get settled?

People start looking for work in Russia while living in their own country. The methods are like this :

• Contact an agency that, for a fee, will select vacancies in the desired field;
• Join a construction team or other team working on a rotational basis;
• Find vacancies through the sites headhunter, superjob

Upon arrival, you will need to register with the territorial office of the Ministry of Internal Affairs as a migrant, put a temporary residence permit stamp in the foreigner’s passport, and start working. The advantage of this option is the opportunity to find a job with accommodation in a hostel . The downside is the likelihood of falling for scammers who only sell employer contacts, but do not provide employment.

Many first move to a country of labor migration, then look for work. This method is suitable for unskilled positions in catering, cashiers, and construction workers. In case of moving, the problem with housing (hostel, shared rental) is solved, and a job is looked for.

Is it possible to get a job in your specialty if you are a qualified employee with a higher education? Yes, but such an employee will still be obliged to warn the future employer about his TRP status. An organization that employs a foreigner is obliged to notify the Ministry of Internal Affairs about the presence of employees , regardless of the position that he occupies.

When installing “on site” use:

• Contacts of friends and relatives from your country;
• Help from recruitment agencies (paid);
• Contacting the state employment center;
• Direct search - bypassing organizations and offering your services;
• Distributing resumes through employment sites;

What documents do foreigners submit when applying for a job?

When concluding an employment contract, foreign citizens must submit a package of documents. It is somewhat different from the one that personnel workers are used to demanding when employing Russians.

Thus, foreigners present a passport and educational documents, if required for the relevant position. Moreover, if these documents are drawn up in a foreign language, you need to ask the employee to provide their official translation.

There is no need to require military registration documents from migrants. But they need permits. Their composition depends on the status of the foreigner.

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Thus, foreigners permanently and temporarily residing in Russia present to the employer a document confirming the right to reside (residence permit, passport with a mark, temporary residence permit).

Foreign citizens temporarily staying in the Russian Federation must present a work permit (for persons arriving from countries with which Russia has a visa regime) or a patent (for workers from “visa-free” countries). In addition, such a candidate is required to have a voluntary health insurance (VHI) policy. Insurance is not required if the employer himself has entered into an agreement with a medical organization to provide paid medical services to the migrant (paragraph 2, part 1, article 327.3 of the Labor Code of the Russian Federation, paragraph 10, article 13 of Law No. 115-FZ). As already mentioned, workers from Belarus, Kazakhstan, Kyrgyzstan and Armenia do not need to have a “labor” patent. And citizens of Belarus will also not need a VHI policy (letter from the Ministry of Labor dated December 17, 2015 No. 16-4/B-823).

REFERENCE

You can sign an employment contract with a foreigner without presenting a work permit. This is permissible if, in order to obtain a permit, a foreigner must provide a contract with an employer. In this case, the agreement signed by the parties will not come into force until the foreigner receives permission. Information about this permission will need to be included in the text of the employment contract. To do this, you can draw up an additional agreement (Part 3 of Article 57 of the Labor Code of the Russian Federation).

When employing a foreigner (regardless of his status), you must request a work book if he has previously worked in Russia, or if he has a Soviet-style work book issued in a foreign country (1938 or 1973). In these situations, the employer is obliged to continue to maintain the document presented by the foreigner.

In other cases, a new work book is issued in the same manner as for Russian employees. At the same time, employees from other states also have the right to refuse to continue maintaining a work record book on paper. The transfer of foreigners to electronic work books occurs in accordance with the general procedure. For more information, see “Electronic work books: what employers should do in 2020.”

Prepare all documents for the transition to electronic work books

The issue of registration document with the Pension Fund is resolved in a similar way. If the candidate (regardless of his status) has previously worked in Russia, or has independently completed such registration, then he must present a SNILS card or notification of registration (ADI-REG). If a foreign citizen does not have an individual personal account, the employer is obliged to submit the necessary information to the territorial body of the Pension Fund (Part 5 of Article of the Labor Code of the Russian Federation, Part 4 of Article of the Labor Code of the Russian Federation, Part 1 of Article 327.1 of the Labor Code of the Russian Federation).

Finally, if a foreigner is accepted into a position that is prohibited for persons who have or have had a criminal record, or have been subject to criminal prosecution, then he must be required to provide a certificate of no criminal record or the fact of criminal prosecution (or a certificate of termination of such on rehabilitative grounds).

What to pay attention to

• A work permit, patent, residence permit or temporary residence permit must be current. Keep an eye on the validity period of these documents.
• Foreign workers must be registered with the Pension Fund of the Russian Federation. To do this, ask the migrant for an insurance certificate number. You will have to register the migrant yourself if your organization is his first place of work.
• If a foreigner has not received health insurance, the employer is obliged to issue him a VHI policy. Migrants from the EAEU countries can apply for a compulsory medical insurance policy.

Hiring a foreigner from a “visa” country

An employment contract with a foreigner who is in the Russian Federation on the basis of an open visa will be valid only if the candidate obtains a work permit. At the same time, as already mentioned, such an agreement can be drawn up and signed even before the potential employee receives permission. But the employment contract will begin to operate only after this permit is issued.

In addition, a foreign worker temporarily staying in Russia must present a VHI policy when applying for employment. (The employer may release the foreigner from this obligation if he assumes the obligation to pay for medical care provided to such an employee). To conclude an employment contract with a “visa” migrant, in most cases the employer himself will need to obtain a permit to accept foreign labor. The procedure for obtaining such permission was approved by order of the Ministry of Internal Affairs dated 01.08.20 No. 541.

What has changed since 2021

Notice three key changes.

1. From January 1, 2021, you will need to report to the Ministry of Internal Affairs using new forms. The changes affected the following notifications:
   on hiring a migrant;
2. on termination of an employment contract with a foreign citizen;
3. on payment of wages to a highly qualified specialist;
4. on the employment of a foreigner in a specialized organization.

New forms of forms for employers are established by Order of the Ministry of Internal Affairs of July 30, 2020 No. 533.

Read also:  Notification of changes in the terms of the employment contract

The forms and procedure for notification of the engagement of foreign citizens as highly qualified specialists are established by Order of the Ministry of Internal Affairs of July 30, 2020 No. 536.

5. To register a foreigner for migration, you need to follow the new regulations. The employer must register employees living in its premises. To do this, you need to submit the relevant documents to the Ministry of Internal Affairs.
6. From mid-2021, new rules for obtaining a patent to work in the Russian Federation will apply. A citizen must first undergo a coronavirus test (Order of the Ministry of Health dated June 15, 2020 No. 581n). A foreigner may be denied a patent and even have a valid one revoked if the test gives a positive result.

Hiring highly qualified specialists

In order to conclude an employment contract with a highly qualified specialist (HQS) who arrived from a country that has a visa regime with Russia, the employer may not apply for a permit to hire foreign workers. But the HQS himself is required to obtain a work permit in the Russian Federation. In this case, the employer will be required to submit a number of documents necessary for issuing such a permit (Clause 6, Article 13.2 of Law No. 115-FZ).

When drawing up an employment contract, you need to take into account that the salary of a highly qualified foreign worker cannot be below the threshold value. In general, this value is equal to 167,000 rubles. per month (subclause 3, clause 1, article 13.2 of Law No. 115-FZ). But for some jobs a reduced size is set. For example, the salary of a HQS hired to work as a resident of a technology-innovative special economic zone cannot be lower than 58,500 rubles. per month. And foreign specialists - residents of industrial-production, tourist-recreational or port special economic zones must receive more than 83,500 rubles. per month.

When employed, a highly qualified specialist is required to present a VHI policy. Or the employer himself must enter into an agreement to provide paid medical services to such an employee (Clause 14, Article 13.2 of Law No. 115-FZ).

Peculiarities of employment of foreigners depending on their status

The list of required documents, as well as the actions of the employer and the applicant depend on the status of the foreign worker in Russia. Law No. 115-FZ describes the following options:

• Temporarily staying. This group includes all foreign citizens who are in Russia without a residence permit, but must have a migration card.
• Temporary resident. Representatives of this category have a temporary residence permit (TRP). It is issued for a specific period, usually 3 years.
• Permanent resident. This category includes holders of a residence permit (residence permit) for 5 years, which can be extended. The permit is issued to those who have lived in the country for at least 12 months.

Depending on nationality, a temporarily staying foreigner enters Russia with or without a visa. For representatives of Armenia, Belarus, Kazakhstan and Kyrgyzstan, a special simplified employment regime applies, since these are member countries of the EAEU - the Eurasian Economic Union.

Highly qualified specialists fall into a separate group. They have special requirements.

Next, we will analyze the employment features of each category.

Hiring a foreigner from a visa country

This is the most troublesome option for the employer, since it is necessary to obtain permission to hire foreigners. The process is multi-stage and takes a lot of time. Step-by-step instructions for hiring a foreign citizen look like this:

Step 1. Submitting an application to the employment center. The center will try to satisfy the employer's need for Russian personnel within a month. If it fails, the application to attract foreign workers will be approved.

Step 2. Obtaining permission from the Ministry of Internal Affairs to attract foreigners to the state. You must submit an application and pay a fee - 10,000 rubles for each employee attracted (Article 333.28, paragraph 23 of the Tax Code of the Russian Federation). The validity period of the received permit is 1 year. After this, if the employer wants to extend cooperation with the employee, a new application will need to be submitted. Application review time is up to 30 days.

Step 3. Obtaining a work permit in Russia for the applicant from the Ministry of Internal Affairs. The package of documents includes:

• Statement. The form was approved by Order of the Ministry of Internal Affairs No. 637 of August 14, 2017.
• Medical certificates confirming the absence of HIV and infectious diseases.
• Photo of the applicant and a copy of his passport.

Documents issued by the country from which the future employee is coming should be legalized in Russia. The future employee must also pay a state fee - 3,500 rubles (Article 333.28, paragraph 24 of the Tax Code of the Russian Federation). Application review time is up to 15 working days.

Step 4. Applying for a work visa for a foreigner. Documents for issuing an invitation can be submitted to the Ministry of Internal Affairs simultaneously with the package for a work permit. Here is the list:

• Petition. The form was approved by order No. 735 of September 21, 2017.

• Original passport or other identification document of the employer's representative.
• A copy of the future employee's passport.
• Letters of guarantee from the employer, where he undertakes to provide the foreign employee with material, medical and housing support.

The state duty is 800 rubles. Processing time is 20 working days. Based on the completed invitation, the employee will receive a visa at the consulate, and upon arrival in Russia, a work permit.

Step 5. Familiarization with the LNA and signing of the employment contract. At this stage, it is necessary to carry out standard procedures for employing new employees: familiarize them with the PVTR and job descriptions, sign an employment contract, issue an order.

Hiring qualified specialists

Employment of specialists from this category repeats the process for other visa foreigners, starting from Step 3 . There is no need to contact the employment center or write an application to the Ministry of Internal Affairs to hire a foreign citizen. From this point of view, the solution seems simpler for the employer.

But it costs more. The fact is that a lower salary limit has been established for foreign highly qualified specialists (HQS). For most specialists, this is 167,000 rubles per month (Article 13.2 of Law No. 115-FZ).

HQS must also obtain permission to work in Russia by paying the usual fee of 3,500 rubles.

Employment of visa-free foreigners

A complete list of states whose citizens can enter Russia without a visa can be found on the website of the consular information portal.

In the case of representatives of these countries temporarily staying in Russia, foreign citizens with a patent are hired.

That is, the applicant must submit to the employer a permitting document - a patent. He must receive it himself, within 30 days from the date of entry into the Russian Federation. He also applies for insurance and registers with migration authorities. The basis for obtaining a patent is a migration card with a note that the purpose of arrival is work.

From the point of view of personnel procedures, the employment of visa-free foreigners is the same as that of Russians. But the packages of documents are different. In addition to the standard set, citizens of other countries must provide:

• Patent.
• Voluntary health insurance policy.
• Migration card.

Another important point is the territorial and professional affiliation of the patent. A foreigner can work only in the subject of the Russian Federation that issued him a permit and only in the profession that is registered in it.

Hiring a foreigner with temporary residence permit

A temporary residence permit is not always a separate document; it may be a stamp in the passport. Employment of workers with this status occurs according to the standard scheme for Russians, but personnel work with them requires special attention.

Employment of “visa-free” foreign citizens

A foreigner who arrived in the Russian Federation on a visa-free basis must present a patent issued by the Russian Ministry of Internal Affairs when applying for a job. This document confirms that the candidate has fulfilled all the requirements of migration legislation: he has an in order migration card, a health certificate and documents on knowledge of the Russian language. You will also need a VHI policy (if the employer is not ready to pay for medical care for such an employee).

REFERENCE

The total validity period of a “labor” patent, taking into account extensions, cannot exceed 12 months from the date of its issue.
During this period, it is necessary to make monthly fixed advance payments for personal income tax. The amount of the payment is indexed annually taking into account the deflator coefficient and the regional coefficient (clauses 2 and 3 of Article 227.1 of the Tax Code of the Russian Federation). The amount of personal income tax on the income of a foreigner working on the basis of a patent can be reduced by fixed “advances” paid during the period of its validity. To do this, the tax agent must receive a corresponding notification from the tax office (clauses 5 and 6 of Article 227.1 of the Tax Code of the Russian Federation). As already mentioned, the exception is workers from Belarus, Kazakhstan, Kyrgyzstan and Armenia. These countries, together with Russia, are parties to the Treaty on the Eurasian Economic Union. This international document allows citizens of the EAEU member countries to work in Russia without obtaining permits and patents (Clause 1, Article 97 of the Treaty). Therefore, when concluding an employment contract, candidates from these countries, with the exception of Belarus, must additionally present only a migration card and a VHI policy. As for citizens of Belarus, they do not need a migration card for employment, and medical care is guaranteed at the interstate level (Article 8 of the Treaty between the Russian Federation and the Republic of Belarus dated December 25, 1998 “On equal rights of citizens”).

Registration of a foreign worker for migration registration

To register a foreign worker for migration purposes, the employer must notify the Ministry of Internal Affairs of his arrival in Russia. The notification is sent to the territorial body of the Ministry of Internal Affairs of Russia in the form approved. by order of the Ministry of Internal Affairs of Russia dated November 23, 2017 No. 881.

In general, the notification is submitted no later than 7 working days from the date of arrival of the foreigner at the place of stay (Part 3 of Article 20 of the Federal Law of July 18, 2006 No. 109-FZ “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation”). The exception is for foreigners arriving from EAEU countries. They can submit a notification of arrival within 30 days from the moment of entry into the territory of the Russian Federation (Article 97 of the Treaty on the Eurasian Economic Union of May 29, 2014). And for citizens of Tajikistan, the registration period is 15 days from the date of arrival.

The notification is submitted directly to the Department of Internal Affairs of the Ministry of Internal Affairs of Russia, by mail, and also through the MFC. The employer has the right to independently choose the method of sending the notification (Part 2 of Article 22 of the Federal Law “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation” dated July 18, 2006 No. 109-FZ).

When submitting in person, the official who accepted the notification puts a mark on acceptance of the notification and returns the detachable part of the notification form to the applicant. All this is done immediately, immediately after checking the information specified in the notification with the submitted documents. A signature indicating the name of the official (employee) who accepted the notification is affixed to the note indicating acceptance of the notification. The acceptance mark is placed in the detachable part of the notification form and is duplicated on the notification form itself. The date of receipt of the notification will be considered the date of registration of the foreigner for migration registration.

Then the employer hands over the detachable part of the notification form to the foreign worker himself. All information about a foreign citizen will be entered into the registration documents of the Department of Internal Affairs of the Ministry of Internal Affairs within 3 working days from the date of receipt of the notification of arrival.

Primary migration registration is carried out for a period of no more than 90 days (clause 1, article 5 of the Federal Law of July 25, 2002 No. 115-FZ). That is, from the date of marking the receipt of the notification, the foreigner has 3 months for legal stay in the territory of the Russian Federation.

Citizens of Belarus, Armenia, Kazakhstan and Kyrgyzstan (EAEU countries) can apply for initial registration under an employment contract for a period of up to 1 year. That is, if they have a valid employment contract, then the permitted period of stay is extended for the duration of the contract, but not more than a year.

Next, the foreigner must either leave the country or extend the period of temporary stay.

The receiving party may itself remove a foreigner from migration registration if the latter leaves the place of stay. Let us remind you that now the place of stay is considered to be a residential or other premises in which the foreigner actually lives (uses it for sleep and rest). The place of residence may also be the employing organization at whose address the foreigner actually resides.

Employers are responsible for removing foreign workers from migration registration (Federal Law No. 257-FZ dated July 29, 2018). To deregister a foreigner, you must report this to the Department of Internal Affairs of the Ministry of Internal Affairs.

Hiring a foreigner with temporary residence permit

A foreigner who has a document of temporary residence in the Russian Federation does not need to obtain a work permit or a “labor” patent. But he can get a job on the staff of an organization only in the constituent entity of the Russian Federation in whose territory he is allowed temporary residence (subclause 1, clause 4, clause 5, article 13 of Law No. 115-FZ). Therefore, when signing an employment contract with such an employee, you need to pay attention to the region of his residence.

Foreigners temporarily residing in Russia do not have to present a VHI policy when applying for employment. Such persons are recognized as insured in the compulsory medical insurance system and have the right to receive free medical care in the same volume as Russians (Clause 1, Article 10 of the Federal Law of November 29, 2010 No. 326-FZ).

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Who does not have the right to hire a foreign worker, quotas for hiring foreigners

The law establishes a number of restrictions regarding the employment of foreign citizens staying in Russia on the basis of a temporary residence permit. Thus, a foreigner is prohibited from working:

• in local government bodies of municipalities;
• from employers engaged in retail trade outside markets, shops and stalls;
• at facilities related to the protection of state secrets, in state security structures;
• from entrepreneurs who earn money from retail trade carried out in non-stationary retail facilities and markets;
• in organizations related to radiation hazardous substances and nuclear weapons;
• at enterprises specializing in the retail sale of medicines in pharmacies;
• on military ships, in civil aviation, on spaceships as a commander.

In addition, Russia establishes the permissible share of foreign workers used by business entities that are employed in certain sectors of the Russian economy. Thus, according to the instructions of the Government of the Russian Federation of September 30, 2021 No. 1271, in 2019-2021 the following quotas for the employment of foreign employees are in effect:

How to hire a foreign citizen: registration procedure

Preparation and collection of documents

In most cases, the foreign candidate collects all the documents necessary for employment on his own. As already mentioned, in addition to the passport (and its translation), this package may include a work permit or patent, an education document, SNILS, and a work book.

In some cases (in particular, when hiring highly qualified specialists), the employer must be involved in obtaining a work permit for the candidate. And when employing foreigners from “visa” countries, the employer must first obtain permission to attract and use foreign workers.

Definition of status

The status of a foreign citizen is established on the basis of the documents submitted by him. The rules are as follows.

If this is a residence permit in the Russian Federation, then the status of a foreigner is permanent residence.

If a passport with the stamp “Temporary residence allowed” or a separate document “Temporary residence permit” is presented, then the status is temporary resident.

If the passport contains an open visa or a migration card is presented, then the status is temporary.

The exception is Belarusians, who can stay in the Russian Federation on the basis of a general passport of a citizen of the Republic of Belarus.

Definition of citizenship

The citizenship of a potential employee is determined on the basis of his passport data. It should be remembered that special employment rules apply to citizens of Belarus, Kazakhstan, Kyrgyzstan and Armenia. They do not need to obtain a patent or work permit. And citizens of Belarus also do not need a VHI policy.

Registration in the state

After collecting and checking all the documents, you can conclude an employment contract with the foreigner. Then you need to issue an order to hire the migrant and enter information into his work book. In general, when hiring a foreign employee, the same actions are performed as when employing a Russian. Including, you need to issue a personal card (form No. T-2).

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Notification of hiring a foreigner

The employer is obliged to notify the territorial body of the Ministry of Internal Affairs dealing with migration issues about the conclusion of an employment contract with a foreigner. This must be done within 3 working days from the date of execution of the contract (Clause 8, Article 13 of Law No. 115-FZ).

Information is submitted separately for each foreigner hired. No exceptions have been made for citizens of Kazakhstan, Kyrgyzstan and Armenia - for them, it is also necessary to submit a notification of the conclusion of an employment contract. But there is no need to notify the Ministry of Internal Affairs about the hiring of workers from Belarus (resolution of the Supreme Court of the Russian Federation dated May 30, 2017 No. 78-AD17-19).

REFERENCE

When employing migrants, it is necessary to ensure compliance with the quota for hiring foreign workers. It is established annually by the Government of the Russian Federation (see: “The permissible share of foreign workers for 2021 has been determined”).

How to apply for a temporary stayer on the basis of a visa

The most difficult thing is to employ a temporarily staying foreigner on the basis of a visa. Before concluding a contract, you will need to complete a voluminous package of documents. If your company really needs to hire such a foreigner, let's see what needs to be done.

Before you decide to enter into an agreement with a foreigner temporarily staying in Russia, prepare for him a permit to attract and use foreign workers. Without this permission, you do not have the right to employ foreign citizens temporarily staying in the Russian Federation on the basis of a visa.

The permit is issued at the department of the Ministry of Internal Affairs of Russia for 1 year, the registration period is 30 days. You will have to pay a state fee of 10,000 for each employee and submit a package of documents, the composition of which is listed in clause 45 of the Administrative Regulations.

After you receive permission to attract foreign workers, issue an invitation to the foreigner to enter Russia to obtain a visa and work permit. This is formalized by the migration service when submitting documents:

• petition in Russian;
• identification document of the employer (inviting party);
• a copy of your passport or other identity document;
• letters of guarantee from the inviting party regarding the assumption of obligations for material, medical and housing support for the invited foreign citizen for the period of his stay in Russia;
• documents for obtaining a work permit. A package of such documents is submitted for each foreign worker simultaneously with an application for an invitation to enter. The list of documents is listed in clause 27 of the Administrative Regulations. To obtain a permit, you must pay a state fee of 3,500 rubles.

The state fee for issuing an invitation to enter for a foreign citizen, regardless of the type of invitation, is 800 rubles.

You will receive an invitation and permission to attract a foreigner or a notification of refusal within 20 working days from the date of submission of the application.

As a general rule, a work visa is issued to an employee for the duration of an employment contract or civil contract, but not more than one year.

So, processing a foreigner temporarily staying on a visa will take more than two months; you will have to spend at least 10 thousand rubles on state fees and visit the migration service several times.

After completing these formalities, you can enter into contracts with foreign citizens and register them for work.

Calculation of personal income tax and contributions from a foreigner’s salary

The calculation of insurance premiums and personal income tax from the wages of foreign workers depends on many factors - citizenship, the basis and period of stay in the Russian Federation, the status of a high-qualified specialist, etc.

If we summarize the provisions of the legislation, the situation is as follows.

From the salaries of foreigners who, upon employment, presented a residence permit in the Russian Federation or a passport with a stamp for temporary residence permit, insurance premiums are calculated in the same manner and in the same amounts as from the salaries of Russians. The same applies to insurance contributions from the wages of workers from Belarus, Kazakhstan, Kyrgyzstan and Armenia. Moreover, regardless of what document they presented during employment.

For those foreigners who have presented a patent, migration card or passport with an open visa, insurance premiums are calculated in a “truncated” version. Thus, their salary does not require paying contributions for compulsory health insurance. Premiums for temporary disability and maternity insurance are charged at a rate of 1.8%. Pension contributions are calculated in the same way as for Russian employees.

Separate rules have been established for highly qualified foreign specialists who are not citizens of Belarus, Kazakhstan, Kyrgyzstan or Armenia. If such a HQS temporarily stays on the territory of the Russian Federation, then insurance premiums are not calculated from his salary at all (except for contributions “for injuries”). And in other cases (if the specialist has the right to permanent or temporary residence in Russia), contributions for compulsory medical insurance are not paid. The remaining contributions must be transferred on a general basis.

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When calculating personal income tax, much depends on the citizenship of the employee and the basis of employment, as well as on the length of continuous stay in the Russian Federation. So, if there are documents confirming that a foreigner spent at least 183 days in the Russian Federation over the previous 12 consecutive months, then the personal income tax rate will be 13%, regardless of all other factors (clause 1 of Article 224 of the Tax Code of the Russian Federation).

If the condition regarding the length of stay in Russia is not met, then additional nuances will have to be taken into account to determine the personal income tax rate. Thus, income from labor activities of citizens of Belarus, Kazakhstan, Kyrgyzstan or Armenia is subject to personal income tax at a rate of 13% from the first day of work in the Russian Federation (Article 73 of the Treaty on the EAEU). The same rate applies to the salaries of highly qualified specialists and employees working on the basis of a patent (Clause 3 of Article 224 of the Tax Code of the Russian Federation).

Also, regardless of the period of stay on the territory of the Russian Federation, at a rate of 13%, personal income tax must be withheld from the salaries of refugees and persons who have received temporary asylum in the Russian Federation, participants in the State program to assist the voluntary resettlement to Russia of compatriots living abroad, and members of their families. The income of other foreigners who did not spend 183 days or more in the Russian Federation over the previous 12 months is subject to personal income tax at a rate of 30% (clause 3 of Article 224 of the Tax Code of the Russian Federation).

For more information, see: “Employee Salary Taxes in 2021”

Keep personal income tax records in the web service, generate and submit 6‑personal income tax and 2‑personal income tax via the Internet

What documents are needed?

The package of documents depends on the vacancy. For positions that do not require higher education and confirmation of qualifications, an identity document with a temporary residence permit stamp affixed to it is sufficient.

Do you need a patent when applying for a job with temporary residence permit status? No, these documents are interchangeable. A patent is issued to a person who arrived for temporary seasonal work and does not receive the status of a temporary residence permit.

The permission allows:

• Obtain a Russian TIN and register as an individual entrepreneur;
• Contact medical institutions for advice and assistance;
• Confirm your temporary residence status not only with a certificate of income from work, but also with a bank account statement;
• Open a visa for multiple trips abroad

Important. for a job in a taxi, as a fitness trainer, or for other vacancies that require the status of an individual entrepreneur, only a temporary residence permit is suitable, not a patent.

What to do if you find a job in another region

Every rule has its exceptions. You can work under a temporary residence permit in another region if:

• if a foreigner works in a certain position (boatswain, pyrotechnician, conductor, etc.) For the exact list, see the order of the Ministry of Health and Social Development of the Russian Federation;
• sending on a business trip for a period of no more than 40 days over a period of 1 year ;
• if the work is of a traveling nature, which is reflected in the employment contract ( no more than 90 days over a period of 1 year ).

Only in these cases is work on temporary residence permits possible in other regions. Upon arrival there, the receiving party (employer) must register the employee at his place of residence.

You can try contacting your local UVM office to “transfer” to another region and get permission to move. But such cases are considered separately and must have serious grounds. After moving, the citizen must register at his place of residence.

Theoretically, it is possible to get a job in a company that is located in a different area. To do this, you need to go through the procedure of transferring a temporary residence permit to another region. This is done through the migration division of the Ministry of Internal Affairs.

The need to purchase a patent if you have a temporary residence permit

The legislator has established a rule according to which foreign citizens who have a temporary residence permit do not need to obtain a work patent. However, it should be noted that there are situations in which it is more advisable to purchase a work permit or temporary residence permit.

For persons from neighboring countries who want to work in Russia without permanent residence, it is most advantageous to give preference to a patent. If a foreigner wants to live and work in the country on a permanent basis, while enjoying all the benefits, including pensions and free medical care, a temporary residence permit will be the most acceptable option. The simultaneous execution of these documents does not make sense, since it should be remembered that in addition to additional costs, a temporary residence permit eliminates the need to obtain a patent.

Attention! An employment patent is granted for a period of 12 months, its cost depends on the region of receipt. The costs of its acquisition are significantly lower than living in the Russian Federation.

Memo

What documents are needed to conclude an employment contract with a foreign employee.

General documents for all foreign employees

• registration at the place of stay;
• TIN - it can be obtained at the regional tax office using a passport and temporary registration,
• medical policy or service contract with a medical organization - it is concluded by the employer,
• SNILS - if the employee does not have it, the employer will issue it.

Varying documents depending on the employee's nationality

The contract is drawn up in Russian, but it can be duplicated in the employee’s native language.

Employment process with temporary residence permit

Finding a job on websites or through friends is no different from the same thing in your own country. You need to create a resume and send it out in response to interesting vacancies. But in other options there may be subtleties.

Using the labor exchange

The labor exchange is a state organization. To gain access to vacancies, you will have to register as a job seeker with a temporary residence permit. This status does not give the right to unemployment benefits, but allows you to use the labor exchange database.

Why is this beneficial? In the Russian Federation, all employers with vacancies are required to submit information about this to the state employment center, otherwise they will face a fine. To register, you only need to fill out a form and provide a copy of your passport with a temporary residence permit stamp .

The labor exchange services are free, but you can’t expect quick action from it. In regions popular for labor migration, queues at central centers are huge.

Through an agency

Finding a job through an agency is more convenient. Typically, agents charge money for employment, but also provide information about real vacancies quickly .

They cooperate with construction organizations, chain stores and catering outlets. You can quickly find a job this way. In addition, the agency will help you prepare your resume, advise you on how to behave during an interview, and will look for work for the entire time specified in the contract.