HQS vs work permit within intergovernmental agreements with French Republic and Republic of Korea
The employment of a foreign citizen is always associated with several difficulties; among them, there is the choice between the procedures of the work permit processing:
- registration as a highly qualified specialist;
- registration under the Agreement between the Russian Government and the Government of the Republic of Korea and France on temporary employment.
Prior to the final decision, one should consider all pros and contras in order to avoid negative consequences.
First, let’s review the concept of highly qualified specialists.
The concept implies that a foreign citizen has the experience, skills or achievements in a particular field of activity and the conditions of the employment in Russia involve getting the salaries:
The category of persons attracted to work | The amount of remuneration |
Highly qualified specialists: foreign citizens employed as researchers or teachers, in case of an invitation to be engaged in research or teaching activities; foreign citizens employed by the residents of industrial production, tourism and recreation, port special economic zones. | Not less than 83 500 rubles per one calendar month. |
Highly qualified specialists: foreign citizens employed by the residents of technology-innovative special economic zone (except for individual entrepreneurs).
| Not less than 58 500 rubles per one calendar month. |
Highly qualified specialists: foreign citizens employed as the medical, teaching and research staff, in the case of an invitation to be engaged in the corresponding activity in the territory of the international medical cluster. | At least 1 000 000 rubles per one year (365 days). |
Foreign citizens participating in the "Skolkovo" project in accordance with the Federal Law "On the innovation center "Skolkovo". | Excluding the requirements for the size of wages |
Highly qualified specialists: foreign citizens employed by the legal entities engaged in activities on the territory of the Republic of Crimea and the federal city of Sevastopol. | At least 83500 rubles per one calendar month. |
Other foreign citizens. | Not less than 167 000 rubles per one calendar month. |
The following employers have the right to hire highly qualified specialists:
- Russian commercial organizations;
- branches of foreign legal entities accredited in the established order in Russia;
- Russian scientific organizations, educational institutions of professional education (except institutions of professional religious education (religious educational institutions);
- health care institutions, as well as other organizations engaged in scientific, technical and innovation activities, experimental development, testing, training in accordance with state priority areas of science, technology and engineering of Russia, if they have state accreditation.
Hereafter we would like to present to you the sequence of actions necessary to attract highly qualified specialists, as well as the list of documents provided for this purpose, and terms of registration of permits:
№ | Procedure | Required Documents | Application processing time |
1 | Obtaining work permit for up to 3 years |
| 14 working days. |
2 | Obtaining invitation to enter Russia for up to 3 years |
| 14 working days. |
3 | Obtaining multiple work visa for up to 3 years in the Russian Consulate abroad. |
| From 3 to 10 working days. The current multiple work visa (ordinary working visa, employment) is reissued in the Department on migration issues of Russian Interior Ministry (previously - FMS) without departure from Russia. |
4 | Migration registration of a foreign citizen for up to 3 years |
| Migration registration is carried out after seven working days from the date of arrival at the place of stay of a foreign citizen. Concerning HQS, after the expiration of the ninety-day or thirty-day period provided for in clause 4.1 of Article 20 of the Federal Law as of July 18, 2006 N 109- FZ |
5 | Provision of information on salary payments to the Department on migration issues of Russian Interior Ministry (previously - FMS) |
| Quarterly before the expiry of the work permit |
6 | Notification of the Department on migration issues of Russian Interior Ministry (previously - FMS) on conclusion of employment contract |
| Notification of the Department on migration issues of Russian Interior Ministry (previously - FMS) on conclusion of employment contract is carried out within a period not exceeding three working days from the date of contract conclusion. |
Among the advantages of attracting foreign worker as highly qualified specialists there are:
- The quota for the issuance of work permits and invitations to enter Russia to work is not applied to highly qualified specialists;
- There is no need to prove the reasonability of attraction and use of foreign workers at registration of work permits (submission of the information confirming the need for foreign workers in territorial employment centers);
- Application processing time is no more than fourteen working days;
- The validity of the work permit up to 3 years with a possible extension;
- The term of validity of the visa up to 3 years with the possibility of extension;
- The ability to work in the territory of two or more Russian territorial entities;
- There is no need to pass a medical examination and provide the certificates on knowledge of Russian language, history and law;
- Ability to obtain the permanent residence permit for the duration of the work permit;
- Ability to obtain Russian citizenship under a simplified procedure, after five years residence in Russia based on permanent residence permit;
- Possibility to stay in Russia up to 90 days without migration registration since crossing the border of Russia;
- Income from employment taxed at the rate - 13%.
The main disadvantages:
- Contributions to the Federal Compulsory Medical Insurance Fund, the Social Insurance Fund and pensions are not paid;
- There is no possibility to receive a pension;
- High salaries.
Now let’s talk about the agreement between Russia and the Government of France on temporary employment of citizens of both states (hereinafter - the Agreement).
The following employers can hire foreign citizens in the framework of the Agreement:
- Russian commercial organizations – members of a single group of companies;
- branches and representative offices of foreign legal entities accredited in accordance with the established procedure in Russia.
№ | Category of citizens | Peculiarities of required documents |
1 | Accredited workers of representative offices and branches
| Work permit is not required. Visa shall be issued for multiple entry, valid for up to 1 year, entitling the holder to enter, continually stay and work in the territory of the other Party. Upon its expiry, visa can be repeatedly extended without going beyond the state of the other Party for the duration of the employment contract, but not more than 3 years. |
2 | Employers of a single group of companies (a single group of companies means a group where there is a parent company and the companies over which it has direct or indirect control in accordance with the foundation (statutory) documents). | Work permit is required. Visa shall be issued for multiple entry, valid for up to 1 year, entitling the holder to enter, continually stay and work in the territory of the other Party. Upon its expiry, visa can be repeatedly extended without going beyond the state of the other Party for the duration of the employment contract, but not more than 3 years. |
Citizens of one Party concluded an employment contract with the legal entity located on the territory of this Party and working in a company of the same group of companies located in the territory of the other Party. | Work permit is required. Visa shall be issued for multiple entry, valid for up to 1 year, entitling the holder to enter, continually stay and work in the territory of the other Party. Upon its expiry, visa can be extended for the period not more than 6 months in case of need due to the origin purpose of the trip. If these citizens before the visa expiration conclude an employment contract with the organization of the same group of companies, located in the territory of other Party, the visa can be repeatedly extended without going beyond the state of the other Party for the duration of the employment contract, but not more than 3 years. | |
Citizens of the state of one Party concluded an employment contract with the legal entity located on the territory of the state of another Party and affiliated to the same group of companies. | Work permit is required. Visa shall be issued for multiple entry, valid for up to 1 year, entitling the holder to enter, continually stay and work in the territory of the other Party. Upon its expiry, visa can be repeatedly extended without going beyond the state of the other Party for the duration of the employment contract, but not more than 3 years. | |
3 | Heads of the company are the citizens of the state of one Party controlling or managing the company in the territory of the state of another Party. | Work permit is required. Visa shall be issued for multiple entry, valid for up to 1 year, entitling the holder to enter, continually stay and work in the territory of the other Party. Upon its expiry, visa can be repeatedly extended without going beyond the state of the other Party for the duration of the employment contract, but not more than 3 years. |
4 | Highly qualified specialists – citizens of the state of one Party concluded an employment contract with the legal entity located on the territory of the state of another Party, and meet at least two of the following three criteria: · document on higher education contains the relevant profession specified in the employment contract; · work experience of at least five years in positions specified in the employment contract; · salary in accordance with the employment contract equal to or greater than the value of 3200 Euro per month. | Work permit is required. Visa shall be issued for multiple entry, valid for up to 1 year, entitling the holder to enter, continually stay and work in the territory of the other Party. Upon its expiry, visa can be repeatedly extended without going beyond the state of the other Party for the duration of the employment contract, but not more than 3 years. |
5 | Young professionals - citizens of the state of one Party at the age of 18 to 30 years, who are being sent to the territory of the state of another Party to improve their employment prospects and deepen their knowledge of the society of the host State with the acquisition of experience in paid work under an employment contract concluded with the employer of the other Party. | This category of citizens is issued with visa for multiple entry, valid for up to 1 year, entitling the holder to enter, continually stay and work in the territory of the other Party in order to work. Visa can be extended for the period of the concluded employment contract, but not more than 2 years from the date of entry. The number of such visas can not exceed 500 per a year. |
6 | Persons entering with visa "vacation - work" - citizens of the state of one Party at the age of 18 to 30 years, intending to visit the state of the other Party for the holidays with the possibility to work. | This category of citizens is issued with free visa "vacation - work" for multiple entry, valid for up to 4 months. The number of such visas can not exceed 500 per a year. |
7 | Accompanying family members (spouse and minor children) | Accompanying family members are issued with visa valid for up to 1 year entitling the holder to continually stay in the territory of the host Party, as well as its annual extension for the duration of the employment contract of working family member. |
Visa for all categories of citizens, with the exception of persons referred to in paragraphs 6 and 7, is issued based on invitation to Russia with the purpose "work for hire".
The main advantages:
- The rejection of quotas at registration of work permits;
- The rejection of receipt of the conclusion confirming the need for foreign workers in territorial employment centers;
- The duty to make the migration registration of a citizen of France occurs only in case of stay in Russia not less than 10 working days;
- The documents required for registration of work permits in the territories of the Parties, may be submitted to the competent authorities, located in the capitals of the states of the Parties, regardless of the employer's place of registration;
- Received work permits are valid for the entire territory of the receiving State to which this Agreement applies;
- There is no requirement to wages;
- The opportunity to receive a pension and insurance number of the individual ledger account (SNILS).
The main disadvantages:
- The need of a permit for foreign labor hire;
- The term of consideration of the complete cycle of documents up to 25 working days;
- The obligation to confirm the absence of infectious diseases and HIV - infection;
- The obligation to provide a certificate confirming knowledge of Russian language, history and law;
- Period of validity of the work permit and visa at least 1 year;
- Contributions to the Federal Compulsory Medical Insurance Fund are not paid;
- Income from employment taxed at - 13 or 30% depending on the availability of tax resident status;
- There is no possibility of applying for the temporary residence permit under the simplified procedure.
Agreement between the Government of Russia and Korea on temporary employment of citizens of both countries is slightly different from the above.
The following employers have the right to employ foreign citizens in the framework of the Agreement:
- Russian commercial organizations, members of a single group of companies;
- representative offices of foreign legal entities accredited in accordance with established procedure in Russia.
№ | Category of citizens | Peculiarities of required documents |
1 | Accredited workers of representative offices of legal entities | Permit documents for work are not required. Visa for workers shall be issued for multiple entry, valid for up to 1 year, entitling the holder to enter, continually stay and work in the territory of the other Party. Upon its expiry, visa can be repeatedly extended without going beyond the state of the other Party for the duration of the employment contract, but not more than 3 years. |
2 | Employers of a single group of companies (a single group of companies means a group where there is a parent company and the companies over which it has direct or indirect control in accordance with the foundation (statutory) documents). | Work permit is required. Visa shall be issued for multiple entry, valid for up to 1 year, entitling the holder to enter, continually stay and work in the territory of the other Party. Upon its expiry, visa can be extended for the period not more than 6 months in case of need due to the origin purpose of the trip. |
Citizens of the state of one Party concluded an employment contract with the legal entity located on the territory of this Party and working in a company of the same group of companies located in the territory of the other Party. | ||
Citizens of the state of one Party concluded an employment contract with the legal entity located on the territory of the state of another Party and affiliated to the same group of companies. | ||
3 | Heads of the company are the citizens of the state of one Party controlling or managing the company in the territory of the state of another Party. | Work permit is required. Visa shall be issued for multiple entry, valid for up to 1 year, entitling the holder to enter, continually stay and work in the territory of the other Party. Upon its expiry, visa can be repeatedly extended without going beyond the state of the other Party for the duration of the employment contract, but not more than 3 years. |
4 | Accompanying family members (spouse and minor children) | Accompanying family members are issued with the visa valid for up to 1 year entitling the holder to continually stay in the territory of the host Party, as well as its annual extension for the duration of the employment contract of working family member. |
Visa for all categories of citizens is made on the basis of an invitation to enter Russia for the purpose - "work for hire".
The main advantages:
- The rejection of quotas at registration of work permits;
- The rejection of receipt of the conclusion confirming the need for foreign workers in territorial employment centers;
- The documents required for registration of work permits in the territories of the Parties, may be submitted to the competent authorities, located in the capitals of the states of the Parties, regardless of the employer's place of registration;
- Received work permits are valid for the entire territory of the receiving State to which this Agreement applies;
- The permits for work within the number specified in the accreditation of representative of the legal entity is not required;
- There is no requirement to wages;
- The opportunity to receive a pension and insurance number of the individual ledger account (SNILS).
The main disadvantages:
- The need of a permit for foreign labor hire;
- The term of consideration of the complete cycle of documents up to 36 working days;
- The obligation to provide a certificate confirming knowledge of Russian language, history and law;
- Period of validity of the work permit and visa at least 1 year;
- Contributions to the Federal Compulsory Medical Insurance Fund are not paid;
- Income from employment taxed at 13% or 30% depending on the availability of tax resident status;
- There is no possibility of applying for the temporary residence permit under the simplified procedure.
Taking into account the above-mentioned, we found out that the procedure of registration as highly qualified specialists has slightly more advantages, however the high salary as the biggest disadvantage derails all the advantages. Unfortunately, not all the employers are willing to pay such high salary, to take advantage of this procedure, however, as an excellent alternative to the standard procedure of the registration of work permits, registration of work permits under the Agreements is often used by foreign organizations.
There are many difficulties, especially when dealing with work permits in the framework of agreements. The professionals will help you understand all the nuances, to make the right choices and to issue all permits as soon as possible.
