The Department on migration issues of Russian Interior Ministry specified whether the branches and representative offices of foreign legal entities in Russia can hire foreign citizens working based on patents or not.
The paragraph 9, Art. 13.3 of the Federal Law as of 25.07.2002 N 115-FZ "On the Legal Status of Foreign Citizens in Russia" (hereinafter - the FZ-115) provides that employers or customers of works (services), which are legal entities or individual entrepreneurs or private notaries, lawyers, founded a lawyer's office, or other persons whose professional activities in accordance with federal laws shall be subject to state registration and (or) the license, are entitled to hire legally staying foreign citizens, arrived in Russia in order not requiring a visa and under the age of eighteen years, providing the patent granted in accordance with the FZ-115.
In accordance with Part 3, Art. 55 of the Civil Code of the RF, representative offices and branches are not legal entities.
Confidence Group sent to the Department on migration issues of Russian Interior Ministry a request to clarify whether this means that the branches and representative offices of foreign legal entities in Russia, can hire foreign citizens working based patents or not.
The Department on migration issues of Russian Interior Ministry answered that the possibility to hire foreign citizens with patents by branches and representative offices of foreign legal entities is not provided.
At the same time, it was noted that the foreign legal entities are entitled to hire foreign citizens with patents, and according to the legislation, there are no limitations in this respect.
Text of the request is available here.
Text of the answer is available here.
This answer is not a piece of legislation or an official explanation.
For additional information please contact consultants of Confidence Group.
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