Anytime soon the Government of Russia will consider the second edition of the draft Federal Law on Amendments to Articles 8 and 13.2 of the Federal Law of 22.07.2002 No. 115-FZ "On the Legal Status of Foreign Citizens in Russia" (hereinafter - FZ).
Previously, wehave provided comments on the first version of the legislative draft, some of our provisions were taken into account in second version of legislative draft. However the final version of the legislative draft has not yet been adopted Here you may find the latest version of legislative draft that has not been published in official sourses yet. Also you may find more details on the status of its consideration here.
Thus, if the Federal Law is adopted in current edition, then in 2022, foreigners and their employers / customers of work (services) in the Russian Federation shall expect the following changes:
1. Highly qualified specialists (hereinafter referred to as HQS) and their family members will be able to obtain an unlimited residence permit, in case if all following conditions are met:
• temporary residence permit issued on the basis of the HQS status is already obtained;
• HQS worked in the Russia for 2 (two) years as a highly qualified specialist;
• the employer has calculated and paid the amounts of PIT in relation to HQS for theabovementioned period of employment in accordance with the legislation of the Russia.
2. The level of salary (remuneration) for HQS will be raised to 750,000 (seven hundred and fifty thousand) rubles per quarter (which is equivalent to a salary of 250,000 rubles per month).
Due to the fact that now the salary (remuneration) of the HQS is calculated on the basis of a quarter, has been excluded the condition on compliance with the requirement for salary level (remuneration) in the event of a break in employment.
3. It will become possible to provide a copy of the employment contract / contract for the performance of work (provision of services) for obtaining / renewing a work permit.
4. It will be excluded the requrement to confirm the fact of registration with migration registration for renewing a work permit.
5. HQS will have to acquire a work permit from an authorized body within 30 calendar days from the date of entry in Russia. At the same time, if a work permit is not received within the specified period, then the visa of the HQS and his family members will be canceled and the work permit is destroyed within 30 working days from the date of entry of the HQS in Russia.
6. It will become compulsory to provide documents confirming that the employer / customer has works (services) of separate divisions, branches, representative offices or interdependent persons in which the employee will carry out labor activities will be legally enshrined, if the work permit issues for performining work in several constituent territories of Russia.
7. The following documents will be necessary to provide upon obtain / renewal of a work permit:
• medical conclusion confirming absence of the fact of drug use and absence of infectious diseases that pose a danger to others;
• medical certificate that confirms absence of HIV infection.
These documents must be issued by strictly authorized medical organizations in Russia, unless otherwise provided by an international treaty of the Russian or federal law.
8. The list of grounds for issuing decision to prohibit to the employer / customer of work to engage HQS within 2 years by authorized bodies will be adding with a new paragraph:
• the employer, after 6 months following the reporting period, has not provided or provided fake or false information about the calculated and paid amounts of PIT in relation to HQS to the tax authorities.
We are closely monitoring the status of the described bill and will keep you updated on all changes.
Sourse: http://regulation.gov.ru/p/113264
For more information, contact the consultants of the Confidence Group Company.
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