Work permit for highly qulified specialists (HQS)

Who is a highly qualified specialist (HQS)?

A highly qualified specialist (Article 13.2, Federal Law 115) is a foreign citizen with working experience, skills or achievements in a particular field of work, who receives wages (compensation) for his involvement in labor activity in the Russian Federation:

The employer himself (independently) estimates the competence and skill level of foreign citizens, whom he wants to attract as highly qualified specialists. For such purposes, the employer or the customer (of works or services) uses:

• documents and data confirming that this specialist has all the required professional knowledge and skills;
• information on the results of the work as a highly qualified foreign specialist with reviews of other employers and customers (including foreign employers and customers);
• the information provided by professional organizations engaged in evaluation and recruitment;
• information on the results of intellectual activity, the author or co-author of which is a highly qualified foreign specialist;
• information on professional awards and other forms of recognition of professional achievements;
• information on the results of work (services) conducted by the employer or customer;
• other objective, reliable and verifiable documents and information.

Who has the right to attract highly qualified foreign specialists?

Highly qualified foreign specialists (HQS) can be attracted by:

• Russian commercial organizations;
• Branches of foreign legal entities, accredited in accordance with the established procedure on the territory of the Russian Federation;
• Russian scientific organizations, educational institutions of professional education (with the exception of institutions of professional religious education (spiritual educational institutions));
• Health care institutions, as well as other organizations engaged in scientific, scientific-technical and innovative activities, experimental development, testing, and training of personnel in accordance with state priority areas for the development of science and technology of the Russian Federation, if they have state accreditation.
• Sports organizations carrying out their activity on the territory of the Russian Federation, Russian non-commercial organizations, as well as national sports federations in case of attraction of highly qualified specialists for the positions included in the list of positions of foreign citizens and individuals without citizenship employed as highly qualified specialists in the field of physical culture and sports physical culture and sports organizations and national sports federations.

Should the organization have a quota for attracting foreign citizens when applying for a work permit for a HQS?

The quota for issuing invitations to foreign citizens for entry into the Russian Federation for the purpose of work and the quota for the issuance of work permits to foreign citizens do not apply to highly qualified foreign specialists.

Validity of the HQS work permit and HQS visa

The HQS work permit is issued for the period of validity of the employment contract or civil contract concluded by him, but not for more than 3 years with the possibility of repeated extension.

A HQS visa is issued for the same period as a work permit (up to 3 years) on the basis of an invitation for HQS issued in parallel with the process of obtaining a work permit.

If a work permit is issued to a foreign employee who is already in the Russian Federation on the basis of a work visa, this visa can be extended for the period of the issued work permit.

If the validity period of the HQS work permit or the validity period of the HQS visa expires between March 15 and December 15, 2020, then in accordance with the provisions of the Decree of Russian President Vladimir Putin "On measures to regulate the legal status of foreign citizens and stateless persons in Russia due to the threat of COVID-19 distribution", the validity period of these documents is temporarily suspended. 

Validity of permits for early termination of an employment / civil contract with the HQS

• Within thirty working days from the date of early termination of the employment contract or civil contract for the performance of works (services), a highly qualified specialist has the right to search for another employer or customer of works (services) and obtain a new work permit for the HQS. During the specified period, a work permit issued to a highly qualified specialist, as well as a visa and residence permit issued to such a highly qualified specialist and his / her family members, are considered valid.
• The validity of a work permit issued to a highly qualified specialist, as well as the validity of a visa and residence permit issued to such a highly qualified specialist and his family members, is extended for the period of consideration of the application submitted by the employer or customer of works (services) with which the highly qualified specialist has concluded a new employment / civil contract

In case a highly qualified specialist has not concluded a new employment/civil contract on the expiry of the 30-day period or if the petition of the employer or customer of works (services) on attraction of a highly qualified specialist is rejected, issued such a highly qualified specialist work permit and visa and the residence permit issued to highly qualified specialist and his family members are valid for thirty working days, during which a highly qualified specialist and his / her family members are required to leave the Russian Federation in accordance with the legislation of the Russian Federation.

The territory of validity of the HQS work permit

If, in accordance with an employment contract or a civil contract for the performance of works (services), it is assumed that a foreign HQS will work on the territories of two or more subjects of the Russian Federation, it is possible to issue a work permit valid on the territories of these subjects of the Russian Federation

Does a highly qualified specialist have to prove his knowledge of the Russian language, Russian history, and the basics of Russian legislation when obtaining a work permit?

Foreign citizens who are highly qualified specialists are exempt from confirming their Russian language proficiency, knowledge of Russian history and the basics of Russian legislation when applying for a work permit

Does a highly qualified employee need to have a medical examination to obtain a work permit?

When applying for a work permit of a highly qualified specialist, it is not required to provide medical certificates, however, HQS are not exempted from the obligation to have such certificates (otherwise the work permit may be canceled (according to clause 10, article 13.2 FL № 115).

Is it possible to obtain a work permit for a highly qualified specialist in the context of a coronavirus pandemic?

At the moment, it is possible to issue a work permit for a highly qualified specialist only for the following foreign citizens:

• foreign citizens located on the territory of the Russian Federation;
• HQS included to a special list, which must be sent to the Federal Security Service and the Ministry of Internal Affairs of the Russian Federation by the Executive authority responsible for the employer/customer (according to the Government Order No. 1671-R of 25 June 2020). 

The above mentioned wording “sent to the Federal Security Service and the Ministry of Internal Affairs of the Russian Federation by the Executive authority responsible for the employer/customer” implies that the executive authorities should control the organization, and not its activities.

In other words, the literal interpretation of the discussed part of the text of the updated Government Order suggests that the ability to arrange entry to Russia for their high qualified specialists appeared not to all employers or customers of services but only to organizations themselves (not their activities) subordinated to (controlled by) the Executive authorities of the Russian Federation.

However, on the example of a similar wording of the government Order No. 635-R concerning persons entering for technical maintenance, it can be assumed that this detail will not be important, and employers and customers of services will be able to apply to the Executive authorities in charge of their activities in order to enter the cherished lists of their employees HQS.

Please, kindly note, that in this case only a single entry to the Russian Federation is available, that is, if the HQS leaves the territory of Russian Federation after arriving in it, he will not be able to re-enter it. It is also important that entry is only available for HQS and this option does not apply to members of his family.

For further entering HQS shall have:

• identity document;
• visa (for visa countries);
• a valid employment contract or civil law contract for the performance of works (services) with the employer or customer of works (services).

When making a new employment contract, please note that its entry into force will not be linked to obtaining a work permit, because you need a valid contract to enter. Entering into force of the contract before receiving the work permit may be seen as employment without permits and  fines can be up to 1 million rubles.

Where should an employer apply for a work permit for a highly qualified specialist?

The territorial bodies of the Ministry of Internal Affairs of Russia at the regional level are authorized to make a decision on issuing a work permit for HQS.

If you plan to apply for a work permit in Moscow, you must apply for a work permit in the Multifunctional Migration center (MMC), which is located in New Moscow, near the village of Sakharovo (50 km from MKAD).

You can read about the procedure for applying for documents in the Moscow region here.

For more information about documents processing in other regions of the Russian Federation, please contact the consultants of Сonfidence Group.

Term for issuing a work permit for a highly qualified specialist

The total time for issuance of a work permit for a HQS is 14 working days from the moment of submission of documents. A foreign citizen can obtain a work permit only personally. Upon receipt, he/she may be accompanied by organization representatives and other authorized representatives.

In addition, before a personal visit, it is better to make sure that the work permit is ready. Unfortunately, this can not be done by the phone. Therefore, organization representatives shall personally apply to the Multifunctional Migration Center in Sakharov village for information about the readiness of the work permit.

Working hours of the Migration center in Moscow (MMC in Sakharovo)

From 09.04.2020, the migration center will be open from 8:00 to 18:00. Every day, seven days a week.

How to get to the Migration center in Moscow (MMC in Sakharovo)

The Confidence Group company provides a full range of services related to the arrival, stay and work of highly qualified specialists in any region of the Russian Federation.

In the table you can find the stages, terms, as well as the cost of services related to issuance of permits for highly qualified specialists.

* – the cost of health insurance policy for applicants over 60 years is discussed additionally;

** – in case of sending a notice through the Post of Russia, additional postal expenses are paid in the amount of 450 rubles;

*** – the price is for translation from / into English. The cost of translating documents from / into other languages is discussed additionally.

To order our services just send a request to the e-mail address: info@confidencegroup.ru, or call us: +7 495 748 7762, 8 800 222 7762 (free call within Russia).

Documents required for a work permit for a HQS:

1. Application of the employer, the customer of works (services) to attract a HQS;
2. Written guarantee confirmation to cover all costs related to possible administrative expulsion outside Russia or deportation of HQS;
3. Power of attorney for a representative 
4. Original of a concluded labor contract (or civil contract)with a foreign employee, sewn and stamped by the company;
5. Notarized translation of the foreign citizen’s passport. You can learn more about the validity of the passports by following the link;
6. 1 color matte photo, the size of 30x40 mm;
7. Notarized copy of the PSRN Certificate (Primary State Registration Number);
8. Notarized copy of the TIN Certificate (Individual Taxpayer Number);
9. Notarized copy of the TIN Certificate for a separate subdivision (required for registration in several subjects of the Russian Federation);
10. A copy of the company's articles of association, stitched and stamped;
11. Original and copy of voluntary medical insurance for a period not less than a period of a labor contract;
12. State duty in the amount of 3500 rubles, with a blue stamp of the bank, for the issuance of a work permit with indication of Budgetary Classification Code, All-Russian Classifier of Territories of Municipal Units and full name of foreign citizen.

1. The contract is concluded on behalf of the employer in Russian or in two language versions, one of the versions must be in Russian;
2. It must be stated in the contract that a highly qualified specialist is accepted for the position corresponding to the OKPDTR (All-Russian classifier of occupations of workers, positions of employees and tariff categories); *
3. The contract must be concluded for an indefinite period of time **;
4. It must be stated in the information on the date of  entering into force that the contract shall enter into force upon receipt of the work permit;
5. Wages are indicated in the employment contract only in rubles and must equal or exceed the amount of 167,000 rubles per month (except for special conditions for attracting a highly qualified specialist);
6. In the guarantees provided to the employee, the employer undertakes to provide voluntary medical insurance to the employee and his family members (even in the absence of such);
7. The employment contract must be signed both by the employer and by the employee;
8. The full name of the employee is indicated in the text of the contract, as in the notarized translation of the passport, in the application and in the letter of guarantee;
9. The contract is made in three copies having equal legal force. The employee receives one copy. The second original is kept by the employing organization. The third is transferred to the Migration Department of the Ministry of Internal Affairs of Russia in Moscow.

* The profession (specialty, position, type of work activity) of a foreign citizen is indicated in the work permit in accordance with the employment contract and may not correspond to the OKPDTR (All-Russian classifier of occupations of workers, positions of employees and tariff categories). Employees of the Moscow Ministry of Internal Affairs in this case will independently decide on writing their position corresponding to the OKPDTR on the front side of the work permit, and the position specified in the employment contract will be indicated on the back of the work permit in the "special notes" column. You can read here about the features of indicating the position of the HQS in documents in Moscow region.

For details of documents preparation in other regions of the Russian Federation, please contact the consultants of Confidence Group.

** The conclusion of urgent employment contracts is possible only on the grounds written in Article 59 of the labor Code of the Russian Federation.

It is also possible to conclude a civil law contract with the HQS besides the employment contract. You can get acquainted with the features of the labor and civil law contracts with HQS in our article.

Basis for concluding fixed-term employment contracts with HQS

The limited validity period of the work permit for the HQS does not constitute grounds for concluding a fixed-term employment contract.

In general, foreign citizens will have the right to enter into labor relations as workers upon reaching the age of 18 years. An indefinite term employment contract must be concluded between the foreign worker and the employer. The conclusion of a fixed-term employment contract is allowed only on general grounds that are provided for by the Labor Code of the Russian Federation.

For example, according to Article 59 of the Labor Code of the Russian Federation an employment contract is concluded:

1. for the period of performing the duties of an absent employee who retains his place of work ; 
2. for the period of performing temporary work (less than two months);
3. for performing seasonal work, when work can be performed only for a certain period (season) due to environmental conditions;
4. with individuals sent to work abroad;
5. with individuals applying for work in organizations created for a predetermined period or for the performance of a predetermined work;

Besides this, according to Article 59 of the Labor Code of the Russian Federation by agreement of the parties, a fixed-term employment contract may be concluded:

• with individuals applying for work to their employers – small business enterprises with the number of employees not exceeding 35 people (or 20 people in the field of retail trade and consumer services);
• with applying for work retirees by age;
• to carry out emergency work to prevent disasters, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances;
• with company heads, deputy heads and chief accountants of organizations, regardless their legal forms of ownership;
• with individuals receiving full-time education.

HQS as a part-time position

• In case of performing part-time labor activities in different companies, the foreign citizen must obtain a separate work permit for each organization, even if the positions match. Besides this, he is obliged to receive full salary in the amount established by law in each company, regardless of the size of the labor rate; 
• In case of performing part-time labor activities at the same company, but in different positions (job titles), the foreign citizen must obtain a separate work permit for each position. Besides this, he is obliged to receive full salary in the amount established by law for each position, regardless of the size of the labor rate; 
• Notifications of conclusion/termination of each part-time labor contract must be submitted in the prescribed manner (within 3 business days from the date of conclusion/termination). 
• Notifications of compliance with obligations for the salary payment are submitted for each work permit in the prescribed manner.

Voluntary health insurance of highly qualified specialists and their family members

In accordance with paragraph 14 of Article 13.2 of the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" for No. 115, a HQS and accompanying members of his family from the date of entry into the Russian Federation must be insured under a voluntary health insurance agreement.

This is the duty of the employer who hired a highly qualified specialist, which is also included in the employment contract with the HQS. The requirements for the provision of a voluntary health insurance for the HQS, you can find here.

Foreign HQS, which are performing labor activities in the Russian Federation, are obliged to have a voluntary health insurance (VHI) or another document confirming the right of receiving medical care on the basis of an agreement concluded by the receiving (inviting) side, the employer or work (service) requestor with the medical organization providing paid medical services to a foreign employee, and providing primary medical care and specialized medical care in case of an emergency during the entire period of the foreign citizen's stay in the Russian Federation.

Requirements for the form and content of VHI insurance policies for foreign citizens located in the Russian Federation for the purpose of engaging in labor activities are established by the Bank of Russia, Direction No. 3793-У dated September 13, 2015:

• The validity period of the VHI of labor migrants agreement is determined on the basis of the estimated duration of the work permit or patent reported by the insured person (policyholder). 
• The territory of validity of the VHI of labor migrants must include the subject of the Russian Federation on the territory of which the insured person intends to carry out labor activities. 

Please note that the employment contract is subject to termination after 1 month from the date of expiration or termination of the contract for the provision of paid services or the VHI agreement (policy) concluded by the employer with the medical organization. You can find more details here.

You can get acquainted with the requirements for providing the VHI for HQS by following the link.

Copies of the voluntary health insurance policies for HQS, as well as for the members of his/her family, which are valid for the entire term of the employment contract with a foreign citizen will be required for extension of the work permit.

Registration of TIN for highly qualified specialists

The Confidence Group company has repeatedly faced situations when the Migration Departments of the Ministry  of Internal Affairs refused to accept documents for the extension of the work permit for highly qualified specialists (HQS) without providing an individual taxpayer number. In order to avoid difficulties in extending the work permit for HQS, we recommend you to contact the Federal Tax Service of Russia for the purpose of issuing TIN ID to HQS immediately after the initial registration of the work permit. You can find the details by following the link.

Insurance number of an individual personal account for foreign citizens

HQS can be registered in the system of compulsory pension insurance (hereinafter - the CPI) (for the possibility of their access to electronic services providing state and municipal services) without further accounting for pension rights in accordance with the Federal Law dated 01.04.2019 No 48-ФЗ to the Federal Law "On Individual (Personified) Accounting in the Compulsory Pension Insurance System".

Besides this registration in the CPI system becomes compulsory in case of labor contract conclusion.

Since April 1, 2019, in accordance with the updated Article 65 of the Labor Code of the Russian Federation, to conclude an employment contract, all individuals applying for work, including HQS, are obliged to provide the employer confirmation of their registration in the CPI system. And, in case they were not registered in the specified system before, the employer must submit documents for such registration to the appropriate territorial institution of the Pension Fund of the Russian Federation. You can read more about it here.

Also Confidence Group company offers to get acquainted with the comparative table of the size of contributions to the Federal Compulsory Medical Insurance Fund, Social Insurance Fund and Pension Fund for foreign citizens working in the territory of the Russian Federation. This information is available here.

Features of filing documents for work permits of the highly qualified specialists from the CIS countries, as well as migratory-dangerous countries 

Prior to the announcement of the high-alert mode in Moscow, the following order was in effect: before filing the documents for a work permit for citizens from these countries, it is necessary to obtain a resolution of the Head of the Department of the Ministry of Internal Affairs in Moscow, which requires additional time.

In order to receive the resolution, the documents are submitted to the Migration Department of the Ministry of Internal Affairs in Moscow on Thursday from 14-00 to 16-00 and on Monday from 11-00 to 13-00 to the Head of the Department.

These documents, as a rule, are issued the same day they are received by the Head of the Department of the Ministry of Internal Affairs or the next day. After that it is possible to apply for a work permit.

At the current moment, during coronavirus quarantine measures, the heads of the Migration Department of the Ministry of Internal Affairs in Moscow are not meeting individuals. In order to obtain a resolution on the submission of documents for citizens from migration-risk countries, as well as CIS countries, a written application must be submitted. This can be done using the electronic service for submitting complaints on the website of the Ministry of Internal Affairs.

Refusal of issuance a work permit or a work invitation for entering the Russian Federation for a HQS. Cancellation of permission for work of HQS

According to paragraph 10, Article 13.2 115-ФЗ «On the legal status of foreign citizens in the Russian Federation»: The decision to refuse to issue a work permit to a HQS, to revoke his work permit or to refuse to issue him an invitation to enter the Russian Federation for the purpose of carrying out labor activities is made if the specified foreign citizen:

• advocates forcibly changing the foundations of the constitutional system of the Russian Federation, creates a threat to the security of the Russian Federation or citizens of the Russian Federation by other actions;
• finances, plans terrorist (extremist) acts, assists in the commission of such acts or commits them, and equally with other actions supports terrorist (extremist) activities;
• during the five years preceding the day of filling an application for a work permit, was subjected to administrative expulsion from the Russian Federation, deported or transferred by the Russian Federation to a foreign state in accordance with the international readmission agreement of the Russian Federation or within ten years preceding the day of filling an application on the issue of a work permit, was repeatedly (two or more times) subjected to administrative expulsion from the Russian Federation, deported or transferred by the Russian Federation to a foreign state in accordance with the international readmission agreement of the Russian Federation;
• submitted fake or forged documents or provided false information about himself;
• convicted by a court verdict for committing a crime;
• has an outstanding or unexpunged criminal record for committing a crime on the territory of the Russian Federation or abroad, recognized as such in accordance with federal law;
• repeatedly (two or more times) within one year was brought to administrative responsibility for violation of the legislation of the Russian Federation in terms of ensuring the regime of stay (residence) of foreign citizens in the Russian Federation;
• left the Russian Federation to a foreign country for permanent residence;
• has been located outside the Russian Federation for more than six months;
• is a patient with drug addiction, either does not have a certificate that he does not have a disease caused by the human immunodeficiency virus (HIV infection), or suffers from one of the infectious diseases that pose a danger to others (among which, recently, the coronavirus is listed). The list of such diseases and the procedure for confirming their presence or absence are approved by the federal executive body authorized by the Government of the Russian Federation.

In addition to the above cases, a work permit is not issued to a foreign citizen, and a previously issued work permit is canceled, if a decision is made in the established procedure on the undesirability of staying (living) in the Russian Federation or a decision not to allow entry of the given foreign citizen into the Russian Federation.

If the employer or the customer requesting the work (services) to the federal executive body in the field of migration or its territorial authority fake or forged documents or if the employer or the customer requesting the work (services) of knowingly false information about himself or the foreign citizen (in particular, if, the wrong address of the company’s location is indicated when submitting documents), a work permit to a foreign citizen is not only denied in issuance, but also not extended, and the issued work permit is canceled.

The work permit is canceled if the federal executive body in the field of migration or its territorial body, which issued the work permit for the current foreign citizen, receives the foreign citizen’s statement for the cancellation of the work permit issued for him.

Restrictions on hiring foreign workers as HQS

If the employer has such a type of Russian Industry Classification System (OKVED) (including secondary) for which the Government of the Russian Federation has established permissible shares of foreign workers, it is impossible to accept foreign citizens in excess of the established share. This rule is also actual for HQS. You can find out more about the distribution of permissible shares here. According to Article 14, 115- ФЗ   of July 25, 2002 No 115- ФЗ «On the Legal Status of Foreign Citizens in the Russian Federation», the HQS is not allowed to:

• be in the municipal service;
• fill positions in the crew of a vessel sailing under the State flag of the Russian Federation, in accordance with the restrictions provided for by the Merchant Shipping Code of the Russian Federation;
• be a member of the crew of a warship of the Russian Federation or another vessel operated for non-commercial purposes, as well as an aircraft of state or experimental aviation;
• be the commander of a civil aircraft, unless otherwise provided by federal law;
• be hired for facilities and organizations whose activities are related to ensuring the security of the Russian Federation. The list of such objects and organizations is approved by the Government of the Russian Federation;
• engage in other activities and fill other positions, the admission of foreign citizens to which is limited by federal law.

Trade area

Order No. 475n of the Ministry of Labor and Social Protection of the Russian Federation of September 23, 2013, "On Approving the list of professions (positions, specialties) of foreign workers who manage and coordinate trade related activities and qualification requirements for such employees" approves the positions for HQS in the sphere of trade according to the requirements specified in this order. You can find the details by following the link.

Physical Education and Sports

By order of the Ministry of Sport of the Russian Federation No. 892 of September 21, 2015, a list of positions has been approved for which sports organizations and all-Russian sports federations can attract foreign citizens and stateless persons as highly qualified specialists in the field of physical education and sports. You can find the details by following the link.

Religious sphere

Foreign citizens cannot be involved in labor activities in the Russian Federation as HQS for preaching or other religious activities, including worship, other religious rites and ceremonies, religious education and religious upbringing of followers of any religion.

Chief Accountant

Only a foreign citizen temporarily or permanently residing in the Russian Federation and meeting the requirements provided by the legislation of the Russian Federation can replace the position of chief accountant or other official responsible for accounting.

Thus, HQS temporarily staying in the Russian Federation can no longer be admitted to the position of chief accountant or other official responsible for accounting. To occupy these positions they need to obtain the status of temporary or permanent residents in the territory of the Russian Federation. You can find the details by following the link.

Who does not need to issue work permit for HQS?

It is not necessary to apply for a work permit for the following categories of foreign citizens:

• employees of representative offices of foreign legal entities accredited in the Russian Federation, to the extent agreed upon accreditation of these representative offices by an authorized accrediting body, on the basis of reciprocity in accordance with international treaties of the Russian Federation (Belarus, Armenia, Kazakhstan, Kyrgyzstan);
• employees of diplomatic missions, employees of consulars of foreign states in the Russian Federation, employees of international organizations, as well as private domestic workers of these persons;
• employees of foreign legal entities (manufacturers or suppliers) performing installation (installation supervision), after-sales and warranty service, as well as post-warranty repair of technical equipment delivered to the Russian Federation;
• journalists accredited in the Russian Federation;
• studying in the Russian Federation in education institutions and performing work (providing services) during the holidays;
• invited to the Russian Federation as teachers to conduct classes in educational institutions, with the exception of persons entering the Russian Federation to engage in teaching activities in religious education institutions (spiritual educational institutions);
• employees from the EEU countries.

Obtaining a residence permit by highly qualified specialists (hereinafter HQS), as well as members of their families

A residence permit for the HQS and its family members is issued for the validity period of the work permit of the HQS, but not longer than the validity of the identity document of the foreign citizen.

The simplified procedure for obtaining a residence permit for HQS, as well for members of their families, exempts from the need to provide the following documents:

1. A medical certificate stating that a foreign citizen doesn’t have HIV infection;
2. A medical certificate confirming that a foreign citizen doesn’t have infectious diseases;
3. Documents confirming the availability of funds that can ensure the residence of a foreign citizen and his family members in the Russian Federation at least a living wage;
4. Documents confirming the right to use the premises free of charge for further residence in it.

 The advantages of having a residence permit for the HQS, as well for their family members:

1. No need to issue permits (visas) for entry and exit from the Russian Federation;
2. No need to apply for an ADDITIONAL work permit for employment in other regions of the Russian Federation;
3. The right to choose a place of residence, to carry out labor activity in the territory of the Russian Federation, free movement through the territory of the Russian Federation;
4. No need for migration registration / deregistration (except for the annual registration procedure);
5. The right to apply for citizenship of the Russian Federation after permanent residence in the Russian Federation for at least 5 years;
6. The right to issue invitations to foreign citizens to enter the Russian Federation for private purposes (issuing private invitations);
7. The right to elect and be elected to local governments, as well as participation in local referendums;
8. Pension benefits;
9. Medical and social services.

You can find more information here.

Maternity leave and other breaks in the work of the HQS

In order to correspond to the conditions for attracting a foreign citizen as a HQS, the employer shall pay the HQS a salary in the amount prescribed by law. In total - not less than three full months of work activity during the year (provided that there will be a temporary break in the work of the HQS). You can find the details by following the link.

Features of migration registration of a highly qualified specialist and accompanying family members

Highly qualified specialists and their family members are exempted from the obligation to perform the actions necessary for their registration with the migration registration at the place of stay for a period not exceeding 90 days from the date of their entry into the territory of the Russian Federation. At the same time, these foreign citizens registered in the place of residence (registered at the place of stay) in the Russian Federation, in case of their movement through the territory of the Russian Federation and upon arrival at a new place of stay for a period not exceeding 30 days, are exempted obligations to perform the actions necessary for their registration at a new place of stay. After the expiration of ninety-day or thirty-day period, these foreign citizens are obliged to perform the actions necessary for their registration at the new place of residence, within a period not exceeding seven working days (Clause 4.1., Art. 20, 109-ФЗ Federal Law of July 18th, 2006 N 109-ФЗ "On migration registration of foreign citizens and stateless persons in the Russian Federation") 

In addition to the main rules for dismissal provided for in the Labor Code of the Russian Federation for all categories of workers, the following are additionally provided for foreign workers:

Obligations of the employer

The employer or customer of works (services) that attracts a foreign citizen to work, has an obligation to notify the territorial body of the Migration Department of the Ministry  of Internal Affairs in the subject of the Russian Federation where the foreign citizen is engaged in labor activity, on the conclusion and termination (termination) of the employment contract or civil law agreement on performance of works (rendering of services).

The notice period is 3 working days from the date of conclusion or termination (termination) of the relevant agreement.

An employer who attracts a highly qualified specialist is obliged to quarterly notify the migration authority about the fulfillment of the obligations on salary payment (remuneration) of the HQS, not later than the last working day of the month following the reporting quarter.

You can find the details by following the link.

Obligations of HQS 

      1. A foreign citizen must apply to the authority (that issued the work permit) to make changes to the work permit, if during the term of its validity the name or details of the document proving his/her identity have changed. It is necessary to submit an appropriate application to the Main Department of the Ministry of Internal Affairs within 7 working days: 

• from the date of entry into the Russian Federation (if the foreign citizen's name or identity of the document    proving his identity was changed outside the Russian Federation);
• from the date the name of the foreign citizen or the details of the document proving his identity was changed on the territory of the Russian Federation.

     2. A foreign citizen has no right to work by profession (specialty, position, type of work activity), which is not specified in the work permit.

     3. A foreign citizen is not entitled to carry out labor activities outside the boundaries of the region of the Russian Federation in whose territory he was issued a work permit.

     4. Foreign citizens must comply with the stated purpose of entry and duration of stay

     5. Foreign citizens - residents of the Russian Federation are required to submit reports on the movement of funds on their accounts (deposits) with banks located outside the territory of the Russian Federation.

Loss of work permit or its damage. Issue of work permit duplicate

In case of loss of a work permit, the authorized representative has the right to apply to the Migration Department of the Ministry of Internal Affairs with a request to provide a duplicate document within 10 days from the receipt of the relevant certificate of loss from the police department.

The period for issuing a duplicate of the work permit is approximately 14 working days from the date of the receipt of the application for a duplicate from the authorized representative.

Peculiarities of the regulation of foreign citizens’ labor activity on the basis of a work permit

Federal law of 01.12.2014 No. 409 in the labor Code of the Russian Federation has made significant changes concerning the regulation of foreign citizens’ labor activity. The new law establishes that foreign citizens are subject to the rules established by the labor legislation and other acts containing the norms of the labor law when carrying out their labor activity.

Foreign citizens have the right to enter into labor relations as employees upon reaching the age of 18 years. A labor contract for an indefinite period must be concluded between the foreign worker and the employer. The conclusion of a fixed-term employment contract is possible only on general grounds, which are specified in the labor Code of the Russian Federation.

It is necessary to put the information about the work permit in the employment contract with a foreign worker. The expiration of its validity is the basis for termination of the employment contract (after 1 month from the date of expiry of the permit).

More information about the peculiarities of the regulation of foreign citizens’ labor activity, you can find by following the link.

Responsibility of foreign citizen and employer

The Russian Federation Code of Administrative Offenses establishes administrative liability for the following violations of migration legislation:

1. If a foreign citizen or a stateless person is working outside the territory of a subject of the Russian Federation which is indicated in the work permit, patent or temporary residence permit issued to this foreign citizen:

• for foreign citizens from 5 to 7 thousand rubles.

      2. If a foreign citizen who has arrived in the Russian Federation (in an order not requiring a visa), does not meet the period for applying for changes in information contained in a work permit or a patent:

• for foreign citizens from 4 to 5 thousand rubles.

      3. If a foreign citizen is attracted to work outside the subject of the Russian Federation on the territory of which this foreign citizen was given a work permit, a patent or temporary residence permit:

• for foreign citizens from 5 to 7 thousand rubles.;
• for officials from 35 to 70 thousand rubles;
• for a legal entity from 400 thousand to 1 million rubles.

    4. If the employer does not notify or violates the established procedure and (or) form of notification to the territorial body of the Federal Migration Service on the conclusion or termination (termination) of an employment contract with a foreign citizen within a period not exceeding three working days from the date of conclusion (termination) of the contract:

• for officials from 35 to 70 thousand rubles;
• for a legal entity from 400 thousand to 1 million rubles.

Moreover, the employer or customer of works (services) may be prohibited from engaging HQS within 2 years if the employer (customer) fails to fulfill his/her obligations to the HQS or submits counterfeit or fraudulent documents to the migration office.

A full list of possible administrative violations you can find by following the link.

Ban to employ the HQS

(Order of the Ministry of Internal Affairs of Russia dated 10.01.2018 No. 9 "On approval of the Procedure for making a decision prohibiting an employer or customer of work (services) for two years from engaging foreign citizens and stateless persons in labor activity in the Russian Federation as highly qualified specialists and the form of this decision” )

In accordance with order No. 9, the employer or the customer of the works (services) may be prohibited for 2 years to attract the HQS in the event the employer (customer) does not fulfill the obligations assumed for the HQS or if the fake or forged documents are submitted to the migration department.

Such information can be obtained by the results of field or documentary verification of compliance with the rules for attracting foreign workers, as a result of verification of notifications of payment of wages, from messages and statements of organizations, citizens and the media.

An audit in order to identify the grounds for decision-making on the prohibition of attraction by the Ministry of Internal Affairs is carried out within a period not exceeding 1 month, this period can actually be increased by an official by another 1 month by deciding to conduct an additional audit.

The decision on the ban on attracting foreign citizens as an HQS is made within 15 working days from the date of identification of the relevant circumstances.

Information about the decision made is entered into the state information system of migration registration. A copy of the decision is sent by post with a notification of delivery to the address of the location of the employer (customer), or handed against signature to its representative.

The full text of the order can be found here.

Family members of a highly qualified specialist

Members of the HQS family in the Russian Federation include: spouse, children (including adopted children), spouses of children, parents (including adoptive parents), parents' spouses, grandmothers, grandfathers, grandchildren.

During the validity of a work permit issued to a highly qualified specialist, members of his/her family are entitled to carry out labor activities in the Russian Federation if they have a work permit (which is issued without taking into account quotas and without permission to attract foreign labor), as well as receive an education and carry out other activities not prohibited by the legislation of the Russian Federation.