Confidence Group offers to review answers of Department on migration issues of Ministry of Internal Affairs of Russia on the topical issues of migration law.
Question | Answer |
Is it correct that a highly qualified specialist who issued a permanent residence permit (hereinafter - PRP) on the basis of a work permit for a highly qualified specialist and who is officially married to a Russian citizen permanently registered in Russia, has the right to apply for Russian citizenship? | A foreign citizen who is married to a Russian citizen for more than 3 years has the right to apply for Russian citizenship in a simplified procedure after receiving a permanent residence permit. It does not matter whether this citizen works as a highly qualified specialist or not. |
The organization issued a business visa for a foreign citizen to enter Russia. Is it possible to issue the business visa for the same foreign citizen without leaving the RF from the same organization, if the business visa is already issued to this foreign citizen in this organization? | Consular offices and diplomatic representations carry out primary registration of the visa. The Ministry of Internal Affairs extends existing visas by issuing multiple visas. Therefore, according to the Ministry of Internal Affairs, there is no possibility of issuing a visa on the territory of Russia without the departure of a foreign citizen from Russia. |
Does a highly qualified specialist with a permanent residence permit based on a work permit for a highly qualified specialist have the right to work for another position? | A highly qualified specialist does not have such right, and if a HQS wishes to work for a position not indicated in the work permit, he/she has the right to apply for changes in the work permit. Therefore, it is possible to work only on the basis of a work permit. |
| In accordance with the Federal Law "On Foreign Investments in Russia" a foreign legal entity must provide an application for accreditation within 12 months after the decision to create a branch or representative office in Russia, including information on the number of foreign employees in the branch or representative office certified in the CCI. In this issue, foreign workers are not divided into categories, therefore - this number should include all foreign workers without exception. Therefore, highly qualified specialists are included there as well. The implementation of labor activity of foreign workers of any category (for example highly qualified specialists) in excess of the indicated number is prohibited by law. Responsibility for the excess of the number of foreign workers of any category (including highly qualified specialists) is provided in Part 3 of Art. 19.8.2 of the Administrative Code of Russia. This is a fine for citizens from 3 to 5 thousand rubles. For officials - from 30 to 50 thousand rubles. For legal entities - from 500 thousand rubles to 1 million rubles. |
Can a foreign citizen (who work in Russia as a highly qualified specialist) be recognized as a native speaker of the Russian language on the basis of a permanent residence permit obtained on the basis of a HQS work permit? | To recognize a foreign citizen as a native speaker of the Russian language, the presence / absence of a permanent residence permit in Russia, as well as the fact of work in any position in Russian, does not matter. |
If incorrect data is specified in the work permit and the procedure for making changes to the work permit is being implemented, does the foreign citizen have the right to work during this period? Is the employer required to temporarily suspend or terminate the work of a foreign citizen during such a period? If the work permit of a foreign citizen was submitted to the Ministry of Internal Affairs for the correction, is it valid until the time when the corrected work permit is received? | The suspension of a work permit in the event of an application for the correction of a work permit is not provided. In the case of such application, the work permit is also not terminated. It means that the work permit is valid, and the foreign worker can continue to work. |
If a foreign citizen does not have any living premises, and the law allows migration registration, is it possible to proceed the migration registration at the employer's address, i.e. legal entity? In the event that a foreign citizen resided at the place of migration registration at the employer's legal address during the required period of residence, will this condition be considered to be complied with? | In accordance with the paragraph 7 of Art. 2 FZ-115, a host party (party hosting a foreign citizen or a stateless person in Russia) is a Russian citizen, a foreign citizen or a stateless person permanently residing in Russia, a legal entity, a branch, a representative office, a state body, an municipal body ... where a foreign citizen or a stateless person actually lives or works. Thus, a temporarily residing foreign citizen can have the migration registration at the place of stay at the address of the organization (legal entity), in case of work in this organization. |
A citizen of Kazakhstan, who is a student studying in the educational organization of higher education in the main professional education program, who has state accreditation, intends to start working in Russia under an employment contract. Does this person need a work permit as an international student - or is a work permit not necessary for this person as a citizen of a member state of the EAU? What form should be used for preparation of the notice of the conclusion of the employment contract: in the form of Appendix No. 14 to the order of the Federal Migration Service of Russia as of 28.06.2010 No. 147 or in the form of Appendix No. 19 to the order of the Federal Migration Service of Russia as of 28.06.2010? 147? | International treaties have a higher priority in legal force, and therefore, since this is a citizen of the EEU country, there is no need for a work permit. Notification of the conclusion of the employment contract must be written in the form of Appendix No. 19 to the order of the Federal Migration Service of Russia as of 28.06.2010 No. 147. |
Please note that these answers are the views of the state bodies are not the official explanation and a normative act.
For detailed information please, please contact Confidence Group consultants.
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