Subscriber-based service in the Chamber of Commerce and Industry of Russia. Is that obligation or an alternative?

Representative offices and branches of foreign legal entities when employing foreign workers face two alternatives concerning visa support: direct appeal in the Department of Migration issues of the Ministry of Interior affairs (earlier FMS) (only possible if there is a work permit or a mark of acceptance on the application form for work permit registration) or the issuance of permits through the Chamber of Commerce and Industry of Russia (hereafter the CCI).

Those representative offices / branches wishing to issue visa support through the CCI, it is worth considering the possible options for the reduction of costs, as CCI does not provide services on a free-of-charge basis.

The cost of services is set by the CCI tariffs. It is useless trying to save money at the stage of initial registration, as all the services are provided successively: obtaining a certificate of personal accreditation, invitation, registration of a multiple entry visa with the purpose - "foreign worker". The costs are very easy to calculate, since the CCI took advantage of the «fix price» principle - five thousand rubles for each service. If the number of foreign employees and their accompanying family members in the organization is less than three people, it is inevitable to accept the cost of CCI services in addition to the established state fee. However if the total number of foreign workers and their accompanying family members is more than three people, it is possible to save considerably.

The CCI provides comprehensive services for representative offices / branches of foreign legal entities. When representative offices / branches pay annual fee for 50,000 rubles, they have an opportunity to obtain personal accreditation up to three years, single business invitations and multiple-entry visas for five foreign workers (including the head of the branch), as well as for their accompanying family members without limiting the number within one year.

Since the representative offices / branches have no right to apply for visa support in the Department of Migration issues of the Ministry of Interior affairs (earlier FMS) on their own and are forced to resort to third-party organizations, the CCI included processing of 100 business invitations for foreign citizens per one year in the list of the subscriber-based service. The cost of services is set by the CCI tariffs.

We would like to emphasize that one way or another, the documents submitted in the CCI for the registration of invitations and visas for foreign workers, are redirected to registration in the Department of Migration issues of the MIA (earlier FMS), which is the only legitimate authority in charge of these issues (in addition to Foreign Ministry). Thus, the CCI is only an intermediary between organizations and the Department of Migration issues of the MIA (earlier FMS), which has a little more extended opportunities than the rest consulting companies.

In order to be able to apply for a visa with the purpose a "foreign worker", the organization shall certify the number of their foreign workers for the accreditation, and issue certificates on the personal accreditation for each employee within the certified number.

As we have carefully analyzed the legislation, we can state that the visa "foreign worker" and the certificate on the personal accreditation, in fact, are not an alternative to the standard procedures of attracting foreign workers in Russia, stated by the Federal Law FZ-115 "On the Legal Status of Foreign Citizens in Russia". Russian Federal laws prevail over all orders, regulations and other legal acts, and state that foreign citizens have to obtain work permits in order to work and employers (except those attracting foreign citizens at the WTO procedure, HQS and citizens from visa-free countries) must have permission for foreign labor hire.

Work permit entitles the organization, including the representative office / branch, to issue for their employees a visa with the purpose of the trip -"hired labor". In accordance with the migration legislation, it guarantees the 100% legality of stay and work in Russia.

When the organizations apply for the visa with the purpose of the trip -"hired labor", it is carried out directly in the Department of Migration issues of the MIA (earlier FMS). There is no additional cost, except for the state duty, when they make this type of invitation and visa.

Visa is processed in the same way as in case of appeal to the CCI, including three stages:

• processing of the invitations valid for 3 months;
• appeal to the Russian Consulate for the entry visa registration on the basis of the received invitation;
• renewal of the visa upon arrival in Russia for the duration of the work permit.

If the organization employs a highly qualified specialist, the invitation is issued for the term of the employment or civil law agreement but not more than three years. When applying to the Russian Consulate abroad such foreign citizen is issued with a visa for the same period, and need to extend such visa only at the end of three years.

In case of the second option, the organization does not need to issue a certificate on personal accreditation for foreign employees. Such way of foreign workers employment is available for representative offices from 2015.

The disadvantage of the second option is that the validity of the visa is tied to the validity of the work permit. Thus, if for any reason the employer did not have enough time to renew the work permit, a foreign citizen have to leave Russia and wait until the time when a work permit is renewed, and then re-issue visa through the processing of the invitation.

In the option of the processing by the CCI, the validity of visa is tied to the validity of the personal accreditation of foreign employees.

In summary, we would like to state that both options are legitimate and clear, but the second option (a visa with the purpose of the trip -"hired labor") seems to be more preferable for the representative offices / branches of foreign companies, as it guarantees 100% compliance with the migration legislation of Russia. Moreover, please note that the cost of this kind of legalization of foreign workers is significantly lower than the application through the intermediary such as the CCI.

In addition, according to the unverified and unofficial information, the CCI may face significant changes in the autumn of 2016. That is why there is no assurance that the CCI will retain its functions and powers.