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Entry of highly qualified specialist family members to Russia under COVID-19 conditions 20.08.2020

In connection with frequently received questions about the entry of accompanying family members of highly qualified specialists (HQS), we offer you our comments on this issue.

At the moment, the Government Decree No. 635-R of March 16, 2020 in the current version continues to operate, according to which the reception, registration and issuance of permits (work permits, invitations, visas, etc.) for foreign citizens located outside the Russian Federation is temporarily suspended, as well as their ability to enter the Russian Federation is restricted.

The entry restriction applies to all foreign citizens with the exception of citizens of the United Kingdom, Turkey, Tanzania and Switzerland (for more information, see here) and certain categories of other foreign citizens, including the highly qualified specialists (details and a table with a list of exceptions here).

At the same time, please note that the easing of the restrictions described above does not apply to members of his family of highly qualified specialists.

This follows directly from paragraph 2 of the order under discussion, where it is stated that the provisions of paragraph 1 of this order do not apply to " persons who enter the Russian Federation once and are employed as highly qualified specialists included in the list (indicating the checkpoint across the state border of the Russian Federation and the date of entry) sent to the FSB of Russia and the Ministry of Internal Affairs of Russia by the Federal Executive body responsible for the organization - employer or customer of works (services) upon submission of specified persons is valid documents proving their identity and recognized by the Russian Federation in this quality, and visa or without visa in the cases stipulated by international treaties of the Russian Federation, and subject to the receipt of a valid employment contract or civil law contract on performance of works (rendering of services) with the employer or customer of works (services)» (paragraph 9, paragraph 2, government Order No. 635-R of March 16, 2020).

Unfortunately, in our practice we have repeatedly faced with situations when the HQS children were separated from their parents outside the Russian Federation, but even in such cases, to achieve from the Russian Government mitigate against underage foreign citizens whose parents are in Russia, have not yet succeeded.

At the moment, below are the following possible ways to enter the Russian Federation for relatives of HQS:

  • entry for the purpose of treatment, but this process has its own nuances:
  1. on the one hand, this process requires a special visa based on an invitation for treatment (issued through the Ministry of Internal Affairs) from a Russian medical organization (more about this here). A new visa can only be issued if the current visa is cancelled. When the "medical" visa expires, you must leave the Russian Federation. it is not possible to reissue such a visa for a visa of an accompanying family member of the HQS. A new visa for an accompanying family member can only be issued through an invitation at the Russian Consulate in the country of a foreign citizen.
  2. on the other hand, we know of examples when foreign citizens entered the Russian Federation on existing work visas, having only a written invitation for treatment on the letterhead of the Russian medical organization. Entry was carried out through land checkpoints (on the border with Finland, Latvia and Belarus) and was most likely allowed due to the incompetence of border guards.
  • for adult family members, there is a chance to enter the Russian Federation once if they have a sick relative who needs care on the territory of the Russian Federation. However, this option involves similar nuances described above. However, cases of children entering in this way are not known.
  • for relatives of HQS who work in AEB (Association of European Businesses) member organizations, there is also a chance to agree to enter the Russian Federation as an exception. We know of cases when similar requests of this Association were granted earlier.

At the moment, the situation is not simple and there are many rumors that the ministries and business communities will no longer accept requests to add foreign citizens to special lists, even if these foreign citizens have the status of HQS.
However, on our part, we are ready to offer the service of contacting the ministries (which are responsible for the activities of employers of the HQS) and the Government of the Russian Federation on behalf of a foreign citizen with a request to coordinate the entry for family members of a highly qualified employee.

For more information, please contact the consultants of the Confidence Group company.

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