Within the adoption of the Federal Law as of December 23, 2010 № 385, the changes to the Federal Laws as of July 25, 2002 N115 and July 18, 2006 № 109 were implemented. The changes apply to the Highly Qualified Specialists’ (here and after HQS) labor activity and migration register (registration) on the territory of Russia.
The new law comes into force on February 15, 2011 and contains the following amendments:
The criteria for considering foreign citizen to be a HQS were extended. The following criteria were added to the standard annual 2 million RUR salary:
- In case a foreign citizen is a scientific worker or a teacher, invited to participate in the scientific or teaching activity at the Institutions which have a State accreditation or at the State Academies of Science or their regional departments, national research centers or state scientific centers. In such case the annual salary of 1 million RUR is enough to consider a foreign citizen to be a HQS;
- In case a foreign citizen is involved in the realization of the “Skolkovo” project within the Federal Law “As of the innovational center “Skolkovo”. In such case the size of the salary is of no importance to consider a foreign citizen to be a HQS.
Due to the new Law the following family members of the HQS who can accompany him and take the advantage of legal stay and work on the territory of Russia were added:
- the adopted children;
- spouses of the children;
- parents, including adoptive;
- spouses of parents;
- grandparents;
- grandchildren.
Those who enter Russia for any predicant or religious activity are not considered to be HQS according to the new Law.
It is also not allowed to apply for work permit within HQS program for the employees engaged in retail commerce, directly serving customers in any of the FMCG area (including pharmaceutical goods) regardless of the type of goods, places and forms of trading activity.
The new Law specified the period of quarterly FMS notification on HQS’ salaries. An employer shall notify FMS on HQS’ salary payments not later than the last working day of the month, following by the reporting quarter.
Due to the new Law the procedure of migration register (registration) of HQS and their accompanying family members was simplified. The following changes were made:
- It is not obligatory to register HQS and his accompanying family members if the period of their stay on the territory of Russia does not exceed 90 days;
- The standard procedure of registration applies to those HQS and their accompanying family members wishing to stay on the territory of Russia for more than 90 days. In such case registration can be made within 3 working days following by the 90 days of free stay on the territory of Russia (i.e. approximately within the period from 91st till 94th day of stay in Russia);
- HQS and their accompanying family members are also not obliged to be registered within the new place (host party) on the territory of Russia, if the period of their stay at a new place does not exceed 30 days;
- The standard procedure of registration refers to those HQS and their accompanying family members moving within the territory of Russia and staying at a new place for more than 30 days. In this case registration shall be made at a new place within 3 working days following by the 30 days of a free stay (i.e. approximately within the period from 31st till 34th day of stay at a new place). In such case a foreign citizen is to be registered at the previous place of stay beforehand.
For detailed information, please contact consultants of Confidence Group.
