Confidence Group is pleased to present the overview of official FMS statements on actual migration issues.
| Question | Answer |
Is the employer obliged to notify the Federal Migration Service of Russia on cases of the conclusion and termination of labor contracts or civil contracts for works (services) with HQS? This question arose in connection with the statement of the FMS of Perm region, that this obligation is not imposed no more. The full text of the question is available here. | This duty remains, the FMS of Russia sent an appropriate clarification to the Federal Migration Service of Perm region. The full text of the answer is available here. |
Are abbreviations permitted in the notification forms of FMS of Russia on work of foreign citizens in Russia (the address, names, types of economic activity, etc.)? Are any additions such as additional fields, rows, cells to fill in full information on employers and employees permitted in the notification forms? Allotted fields are not always possible to provide full information on the employers and workers in the notifications of FMS of Russia. The full text of the question is available here. | According to the Order of the Federal Migration Service as of June 28, 2010 N147 "On the forms and procedure for the notification of the Federal migration services on work of foreign citizens in Russia", shortenings (except official), abbreviations (except official), strikethrough and corrections are not permitted when completing the notifications. Adding of additional fields, rows and cells for entering information into the official notification forms is not regulated by the Order of the FMS, N147. The full text of the answer is available here. |
Does the rule of "90 days out of 180 days" (for citizens arrived in order not requiring a visa) imply on the order of stay of a foreign citizen arrived from the EEU member countries to Russia for work? The full text of the question is available here. | According to the "Treaty on the Eurasian Economic Union" (signed in Astana on 05.29.2014) the restrictions are not implied on the citizens of the EEU Member States. The full text of the answer is available here. |
Do the amendments introduced in the legislative regulation of the status of highly qualified specialists have retroactive, i.e. is it necessary to harmonize the legislation of the labor contracts signed earlier with highly qualified specialists? The full text of the question is available here. | Changes of the terms of remuneration in order to acknowledge a foreign citizen - highly qualified specialist in accordance with Russian immigration law shall be done by the conclusion of supplementary agreements between the worker - a foreign citizen and an employer, which is an integral part of the employment contract. The full text of the answer is available here. |
How is a foreign citizen or the receiving party obliged to notify the territorial body of the FMS on any changes to the terms of temporary stay / residence? Which additional documents along with the notification of the arrival must be provided by a foreign citizen or a host party to the Federal Migration Service on any changes of the terms of temporary residence / stay? The full text of the question is available here. | In case of changes of the information on the foreign citizen (including the previously announced change in the length of stay), the receiving party shall inform the territorial body of the FMS within 3 working days by submitting a written statement with attached notification of arrival and copies of the necessary documents. The detachable part of the form returns to the receiving party or a foreign citizen with a note on the reception. The full text of the answer is available here. |
Is the requirement of the FMS to provide documents over lists p. 34 and p. 36 of the Administrative Regulation of the Federal Migration Service of the state service of issuing permits for attracting and using foreign workers and work permits for foreign citizens and persons without citizenship (such as policy voluntary health insurance, or the project of the corresponding employment contract) reasonable? The full text of the question is available here. | This requirement is unreasonable. The lists in administrative regulations are exhaustive. The full text of the answer is available here.
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Can the salary for highly qualified specialist (HQS) be paid out during the month following the previous worked out? If HQS was not set to work at the beginning of the reporting month, what is the way to calculate the salary to meet the requirements of minimum and quarterly reporting on salary payments (fees) referred to an Article. 13.2 of the Federal Law "On the Legal Status of Foreign Citizens in Russia"? The full text of the question is available here. | The salary for HQS may be paid within a month following the previous worked out. The amount paid for a part of the worked out month shall be calculated in proportion to time worked on base of salary (remuneration) which provided by employment (civil contract), corresponding the article 13.2 of the Federal Law "On the Legal Status of Foreign Citizens in Russia." The full text of the answer is available here. |
Is it justified to indicate in the relevant payment order or receipt the name of a foreign citizen or person without citizenship, who was issued with the invitations to enter the Russian Federation of foreign citizens and stateless persons and issuing permits for attracting and using foreign workers and work permits for foreign nationals? The full text of the question is available here.
| Such requirement is justified. In a money transfer order, the form of which is set by the Decree of Bank of Russia N 383-P, in the requisite "Purpose of payment" the information necessary to identify the payment is indicated. Payers of tax, customs fees, insurance fees and other payments to the Russian budget system indicate in order of money transfer to the budget (according to the order of the Ministry of Finance on November 12, 2013 N 107n), the following details: for individuals - surname, first name, middle name (if any) and address of the registered place of residence or address of residence registration. The full text of the answer is available here. |
