We receive a lot of questions, the most common of which are:
- How does the law apply for the issuing invitations to enter the Russian Federation for citizens of States listed in the Annex to the order of the government of the Russian Federation of March 16, 2020 N 635-p and persons who have the right of permanent residence in the States specified in the Annex?
- How does a highly qualified specialist attract from the countries specified in the Appendix to the order of the government of the Russian Federation of March 16, 2020 N 635-R, to work in the Russian Federation?
We answer that:
- According the paragraph 2 of government order No. 635-R of March 16, 2020, from March 18, 2020 the Ministry of Internal Affairs of Russia ordered to suspend the acceptance of documents, registration and issuance of invitations to enter the Russian Federation to foreign citizens and stateless persons.
However, this restriction does not apply to:
- drivers of trucks of international road transport, crews of air, sea and river vessels, train and locomotive crews of international railway transport, as well as citizens of foreign countries according to the list in accordance with the Annex (Great Britain, Turkey, Tanzania, Switzerland, Egypt, Maldives, UAE, South Ossetia, etc.) entering the Russian Federation from their States of citizenship through air checkpoints across the state border of the Russian Federation.
- persons who have a residence permit or other document confirming the right to permanent residence in a foreign country specified in the Annex to this order (the list of countries above), and who enter the Russian Federation from the specified state through air checkpoints across the state border of the Russian Federation (sub-paragraph 15 of paragraph 2).
Thus, the registration and issuance of invitations to enter the Russian Federation is not restricted for citizens of the States listed in the Annex to the order of the government of the Russian Federation of March 16, 2020 N 635-p and persons who have the right of permanent residence in the States specified in the Annex.
This position is also shown in the response of the migration Department of the Ministry of Internal Affairs of Russia in Moscow.
The Same order suspended the acceptance of documents, registration and issuance of permits to attract and use foreign workers and work permits for foreign citizens located outside the territory of the Russian Federation.
However, this restriction does not apply:
- for foreign citizens who enter the Russian Federation once, who are employed as highly qualified specialists who are included in the list (indicating the checkpoint across the state border of the Russian Federation and the date of entry) sent to the Federal security service of Russia and the Ministry of Internal Affairs of Russia by the Federal Executive authority responsible for the organization - the employer or customer of works (services), provided that the specified persons present valid documents proving their identity and recognized by the Russian Federation in this capacity, and a visa or visa-free procedure in cases stipulated by international treaties of the Russian Federation, and subject to the presentation of a valid employment contract or civil contract for the performance of works (services) with the employer or customer of works (services).
- for persons entering the Russian Federation working as highly qualified specialists in the field of sports or participating in sporting activities on the territory of the Russian Federation included in the list (indicating the checkpoint through the state border of the Russian Federation and date of entry), directed by the Ministry of sports of Russia, the Russian FSB, the Interior Ministry and the Federal air transport agency, subject to the presentation of such persons documents proving their identity and recognized by the Russian Federation in this quality, as well as ordinary working or ordinary humanitarian visas for the purpose of carrying out sports relations or in a visa-free manner in cases stipulated by international treaties of the Russian Federation.
Based on the foregoing, the Ministry of Internal Affairs of Russia has suspended acceptance of documents, registration and issuance of permits to attract and use foreign workers and work permits to foreign citizens outside the territory of the Russian Federation, including citizens of the States on the list according to Appendix to the decree of the Government of the Russian Federation from March 16, 2020 N 635-R and persons having the right of permanent residence indicated in the application States.
However, in the case of highly qualified specialists and their family members, the following features should be noted:
- submission of documents for the invitation of the main highly qualified specialist is possible only after submitting documents for a work permit;
- family members of a highly qualified specialist can only issue an invitation together with the main highly qualified specialist, or if they already have a work visa.
Conclusion:
If you need to attract a highly qualified specialist from the countries specified in the Annex to the order of the government of the Russian Federation of March 16, 2020 N 635-p, a possible solution may be to issue a business visa for him, followed by the issuance of work permits.
For more information, please contact the consultants of the Confidence Group company.
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