Federal Law № 517-FZ was adopted on 30 December 2020 and will come into force on 1 September 2021, amending Federal Law № 115-FZ of 25.07.2002 "On the legal status of foreign citizens" (hereinafter referred to as «federal law») in relation to specifying the types of educational programs, full-time education in which gives foreign nationals the right to work without a work permit or patent.
The new edition of clause 4 (7.1) of Article 14 of the federal law establishes the following list of educational programs:
- secondary vocational education;
- bachelor's degree;
- specialist's degree;
- master's degree;
- residency;
- assistant internship;
- training of scientific and scientific-pedagogical personnel in postgraduate (adjunct) programs.
The current provisions of clause 4 (7.1) of Article 14 of the federal law stipulate that education must be exclusively based on an educational program that has state accreditation. The new amendments exclude the requirement for state accreditation as applied to the programs of training of scientific and scientific-pedagogical personnel in postgraduate (adjunct) schools.
We remind you that on August 05, 2020 there is no longer in force article 13.4 of the federal law, which stipulated a special procedure for employment of foreign citizens studying in the Russian Federation on a full-time basis in a professional educational organization or an educational organization of higher education.
According to clause 1 of the above article the said foreign nationals had the right to perform labor activities on the basis of a work permit, with the exception of performing such activities during vacations or in educational organizations, where they were studying.
In turn, clause 20 of the article established a ban on the performance of labor activities outside of the region, where the study takes place.
The Federal Law of 06.02.2020 N 16-FZ (entered into force on August 5, 2020) simplified the procedure of the employment of students in Russian professional educational organizations and educational institutions of higher education – the listed restrictions were abolished.
And clause 4 of Article 13 of the federal law, which provides a list of foreign nationals who are exempt from the need to have a work permit or patent, and their employer – a permit to attract and use foreign workers, was supplemented by a category of persons who meet the following criteria:
- studying in the Russian Federation;
- in full-time education;
- in professional educational organizations and educational organizations of higher education;
- under the main professional educational program that has state accreditation;
- working in their free time.
In the Letter of the Ministry of Science and Higher Education of Russia dated 04.08.2020 № MN-5/7147 additionally explains that these foreign nationals have the right to work in their free time without a work permit or patent, including outside the region of the Russian Federation, in which these foreign nationals are studying.
In this case it should be taken into account that in accordance with the Letter of the Ministry of Education of Russia dated 21.09.2020 N 08-654 time free from studies can be considered the time not occupied by educational activities in accordance with the curriculum or individual study plan. Educational activities of students include classes (lesson, practical training, laboratory training, consultation, lecture, seminar), independent work, course project, practice, as well as other types of educational activities determined by the curriculum.
For more information, please contact the consultants of the Confidence Group company.
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