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Toughening of the rules of obtaining Patents for work on the territory of Russia. Quota for Patents 24.10.2013

On October 22, 2013 the draft law aimed at introducing quota for work patents for foreign nationals and at complicating the obtaining procedure was introduced to the State Duma.

According to the draft law the following documents will be needed in order to obtain a patent that allows a foreign national (only from visa-free countries) to be hired by a private person:

  • Information about family members that will be living with him;
  • Notification from a private person hiring a foreign national – on time frames and the nature of the work performed, with the indication of the expected amount of remuneration paid according to the labor or civil contract;
  • HIV test, medical conclusion on the absence of drug addiction and infectious diseases dangerous for other people;
  • Migration registration at the foreign national’s place of stay;
  • Medical insurance policy valid on the territory of Russia or documents confirming a foreign national’s right to receive primary and specialized health care – based on the contract between the employer (private person) and a medical organization.

Moreover a foreign national will have to confirm the Russian language proficiency at a level not lower than the basic one during an interview while submitting the documents. The procedure for such interviews will be established by the federal executive authority in the migration sphere.

The draft law also provides for introducing changes to part 3 of article 18.1 of the Federal Law № 115-FZ concerning the introduction of quota for patents for work.

According to the legislator, these changes are to be introduced because for now there is no mechanism to monitor labor activity of the foreign employee who was granted a work patent, for neither employment services, nor the local offices of the FMS of Russia have information about the place of employment of such foreign employees, and private persons do not need to notify authoritative bodies on hiring a foreign national.

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