At the end of 2015 - the beginning of 2016, the company Confidence Group found out the facts of a large number of cancellations of work permits issued by the FMS of Moscow.
Furthermore, the employer received the notification of the work permit cancellation only in one of the cases - at the end of 2015, although the decision on the cancellation was issued in October, 2015. In other familiar instances of such cancellations, employers didn’t receive any notification.
We checked out a certain number of the work permits and found out the reason for such cancelations. The FMS (Head department of migration issues of MIA) indicated as a reason the failure to comply with paragraph 7 of the Article 15.1 of the Federal Law as of July 25, 2002 № 115-FZ "On the Legal Status of Foreign Citizens in the RF", stipulating the obligation of a foreign citizen to provide to the territorial migration authority the document confirming the knowledge of the Russian language, the history and law of Russia, within thirty calendar days since the date of issuance of a work permit. Moreover, we found that the documents for the issue of the vast majority of the canceled work permits were submitted to the FMS in Moscow in the spring of 2015.
Our company ensures that all immigration procedures were followed, and the documents were provided at the statutory period, including documents confirming the knowledge of the Russian language, the history and the law of Russia. Unfortunately, the information on that was not reflected in the database of Russian Federal Migration Service in Moscow, resulting in a large number of cancellations of work permits.
The fact of a large number of cancellations of work permits on the basis of this Article has been confirmed to us directly by the employers, individually preparing permits, as well as by the partner companies faced this fact along with us.
The situation is complicated by the fact that the current procedure of the Head department of migration issues of MIA in Moscow of the receiving the documents confirming the knowledge of the Russian language, the history and law of Russia does not provide for the employer company any stamp (or other evidence) on such reception.
Work permits had been canceled before companies-employers got to know that and so foreign workers actually worked in the company without valid work permits during some time, and so they were dismissed only after the receipt the notification of the work permit cancellation. Many employers still do not know that the work permits of their employees were canceled, and so such foreign workers are still not dismissed at the moment.
Such situation in case of identification of this fact can be considered by the public authorities as attracting of foreign labor without permits, as well as a violation of the legal requirement to terminate the employment relationship with foreign workers immediately upon cancellation of work permits. Administrative responsibility in Moscow and the Moscow region, provided for in such cases, can be expressed in the form of a fine of up to one million rubles for legal entities.
Confidence Group sent an appeal to the competent authorities with a request to look into this situation and recover unduly canceled work permits. However, we didn’t receive any official clarification regarding the position of public authorities on this issue.
The company Confidence Group addressed the American Chamber of Commerce and the Association of European Businesses in order to collect information of such facts of cancellation of work permits in companies in Russia.
In order to prevent such incidents Confidence Group is planning to make a collective complaint and sent it to the General Directorate on Migration issues of Russian Ministry of Internal Affairs for the official explanations and solving the situation on restoration the unreasonably canceled work permits of foreign citizens, as well as inclusion in the order of receiving the documents confirming the knowledge of the Russian language, the history and law of Russia, the procedure of confirmation the receiving of such documents.
Confidence Group encourages all employers to verify the validity of work permits of their foreign workers. At same time, we would like to pay attention to the fact that the information contained in the database of the General management on migration of the Russian Interior Ministry, does not always correspond to reality. Many of the cancellations can not be found in the work permits database, and some of them appear as valid.
For this reason it is necessary to find out the validity of each work permit separately, which is complicated by the fact that the relevant documents related to the issue of the work permits, enter the archive. Under the conditions of a reorganization of the Federal Migration Service the searching and verification of validity in some cases become impossible.
Currently company Confidence Group is inspecting the work permits validity of employees of foreign companies - our clients, which were received in the given period.
If the company detected the cancellation of work permits by themselves, we would kindly ask you to immediately send us the relevant information and join the mutual complaint.
The solution of this problem may help to prevent further unjustified action by the public authorities and reduce the risks of being attracted to imposing administrative liability.
For detailed information please, contact Confidence Group consultants.
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