Russian companies hiring or just planning to hire foreign workers, one way or another face with the inevitable need to issue permits for foreign employees. Unfortunately, there is a risk of fail to come to the right decision and issue not correct permits, considering the complexity of the Russian migration legislation.
Within this article, we would like to draw your attention on such category of visa as visa for the purpose of the trip “Maintenance service” (hereinafter - “Maintenance service” visa). This kind of visa is one of the possible ways to carry out certain activities in Russia without permits (work permit). If the organization is planning to employ foreign citizens in Russia, entitling them to perform any functions, the organization must focus on the key features indicating if it is necessary to issue permits, in particular, work permits and visas with the purpose of the trip - "hired labor".
These key features include, but are not limited to:
- perform of work functions with the subordination of internal labor regulations;
- retribution of labor relations;
- ensuring of employee with working conditions and so on.
If there is at least one of the above features in the relationship between the parties, then the organization needs to issue permits, work permits and work visa for the worker.
There is a purpose of entry - "maintenance service" in the list of purposes of trips, published by the order of the Ministry of Foreign Affairs as of 27.12.2003. This purpose minimizes the number of required documents for the implementation of activities with no signs of labor activity, but allows a foreign citizen to provide non-repayable by the host organization services in Russia.
This type of visa is intended for foreign citizens who are employees of foreign legal entities that can hold assembly (contract supervision) works related to the maintenance of previously installed equipment (setup, warranty, and post-guarantee maintenance).
In order to obtain such a visa organization registered in the territorial department of the Department of Migration issues of the Ministry of Interior affairs (earlier FMS) should apply for the registration of the invitation, which will be spelled out: the purpose of entry - "maintenance service" and the category / type of visa is referred to as "ordinary business ".
"Maintenance service" visa may be:
- single / double, entitling the holder to a single / double entry into Russia during the term of validity of the visa of 1-3 months;
- multiple, entitling the holder to multiple entries into Russia during the term of the visa from 6-12 months, with a total length of stay in Russia- 90 days out of 180 days.
In order to issue such an invitation, the organization must add to the standard package of documents the following:
- a contract between the organization located abroad, which employs a foreign citizen, and the organization, inviting a foreign worker.
Based on the issued invitation, the foreign citizen shall apply to the Russian consulate to obtain a visa and enter the territory of Russia. The organization, invited a foreign citizen, is obliged to make the migration registration in accordance with the standard terms.
We would like to pay special attention to the fact that this type of visa applies only to foreign citizens from visa countries, as only such document as a "visa", contains such purpose of the trip - "maintenance service." Accordingly, "maintenance service" visa is not provided for the citizens from visa-free countries, as they enter Russia without a visa.
In addition, this type of visa is quite specific. Foreign citizens really should perform only the commitments undertaken in the framework of the contract. We would like to draw your attention once again to the fact that the foreign citizen has the right to perform exclusively the activities prescribed in the contract, and these actions should not contain any signs of labor activity.
The Department of Migration issues of the Ministry of Interior affairs (earlier FMS) is rather wary of this category of visas. As a rule, in the case of inspections of foreign citizen, the "maintenance service" visa is under special control. If the fact of the implementation of activities not specified in the contract between the organization and the foreign employee is detected, such activities may be equated with work, and hence there is a risk of the attraction to administrative responsibility of the company as well as of the foreign citizen.
This legislation provides the following penalty for this violation:
- an administrative fine from two thousand to five thousand rubles for citizens; from twenty-five thousand to fifty thousand rubles for officials; from two hundred fifty thousand to eight hundred thousand rubles or administrative suspension of activity for a period from fourteen to ninety days for legal bodies.
Violations committed in Moscow or St. Petersburg or Moscow or Leningrad region - shall entail an administrative fine from five thousand to seven thousand rubles for citizens; from thirty five thousand to seventy thousand rubles for officials; from four hundred thousand to one million rubles or administrative suspension of activity for a period from fourteen to ninety days for legal entities.
As it is quite difficult to prove that the actions performed by a foreign citizen for the organization, do not fall under the signs of labor relations, we strongly recommend thoroughly inform the foreign citizens on the purpose of the visit not only in the organization, but in the whole Russia as well.
The company, attracting a foreign citizen, should give clear instructions to the foreign citizen, concerning the way of behavior and speaking at the times of authority’s checks. In addition, a foreign citizen must avoid such concepts as work, continuous work, etc. A foreign citizen must always carry a copy of the contract for services with the translation into Russian for the confirmation of the status, indicated in the issued visa.
As a result, we are convinced that this type of visa is not an alternative to the obtaining of the permits for work. Moreover, in case the relationship becomes long-term, we still strongly recommend arranging a work permit and an invitation to enter with the purpose "hired labor".
