The Main Directorate of external migration of the Ministry of Internal Affairs states that the issuance of work permits to HQS abroad is not carried out. However, this procedure is provided by the legislation of the Russian Federation and the impossibility of its implementation makes some difficulties in the correct execution of legal acts.
According to the provisions of Government Order No. 1671-R of June 25, 2020, which amends Government Order No. 635-R of 16.03.2020 and from 25.06.2020, previously imposed restrictions on highly qualified specialists are relaxed, namely, entry into the territory of the Russian Federation and issuing of work permits for highly qualified specialists whose names were included in the list "sent to the Federal Security Service of Russia and the Ministry of Internal Affairs of Russia by the Federal Executive authority in the sphere of competence of which the organization - employer or customer of works (services) is located".
One of the conditions for entering the territory of the Russian Federation in the above order is the presence of a highly qualified specialist of a valid employment contract or civil contract for the performance of works (services) with the employer or customer of works (services).
Entry into force the labor or civil-law contract on performance of works (rendering of services) with high qualified specialist must be due to obtaining a work permit (PP.2, n. 6, p. 13.2, 115-FZ), thus the entry into Russia for highly qualified specialists, who conclude a new employment or civil law contracts for execution of works (rendering of services), will be possible only after obtaining work permits.
As only a highly qualified specialist can receive a work permit, it becomes impossible to obtain work permit in the Russian Federation, but the legislation of the Russian Federation prescribes the possibility of obtaining a work permit at a representative office of the Ministry of Internal Affairs in the country of citizenship of a highly qualified specialist.
According to paragraph 15, article 13.2 of Federal law No. 115-FZ of 25.07.2002 "On the legal status of foreign citizens in the Russian Federation»:
"...A work permit is issued to a highly qualified specialist by a Federal Executive Body in the field of Internal Affairs or its territorial body, or if there is a representative office or representative of the specified Federal Body in the state of a highly qualified specialist’s citizenship, it can be such representative office or representative. A work permit is issued to a highly qualified specialist upon presentation of an identity document recognized by the Russian Federation as such…»
However, when requesting the Main Directorate of external migration of the Ministry of Internal Affairs to clarify how this procedure is done in practice, a response was received that at present this law in practice is not implemented in connection with absence of technical possibility.
