On 25.06.2020, Government Order No. 1671-R of 25 June 2020 was published, which amends Government Order No. 635-R of 16.03.2020 and since 25.06.2020 eases previously imposed restrictions on the HQS.
Before to present to your attention a detailed analysis of the innovations I would like to draw your attention to the fact that in the text of the new Order from 16.03.2020 № 635-R formulation is used, whereby entry of the foreign citizen who is HQS in the Russian Federation requires that his data has been included in the list, "sent to the Russian Federal Security Service and the Ministry of Internal Affairs by the Federal body of Executive power, which controls the organization-the employer or customer of works (services)". This wording implies that the Executive authorities should control the organization, and not its activities.
In other words, the literal interpretation of the discussed part of the text of the updated Government Order No. 635-R suggests that the ability to arrange entry to Russia for their high qualified specialists appeared not to all employers or customers of services but only to organizations themselves (not their activities) subordinated to (controlled by) the Executive authorities of the Russian Federation ( the List of Executive authorities in the Russian Federation in the attachment).
However, on the example of a similar wording of The government Order No. 635-R concerning persons entering for technical maintenance, it can be assumed that this detail will not be important, and employers and customers of services will be able to apply to the Executive authorities in charge of their activities in order to enter the cherished lists of their employees HQS.
Please also note that only a single entry to the Russian Federation is available, that is, if the HQS leaves the territory of Russian Federation after arriving in it, he will not be able to re-enter it. It is also important that entry is only available for HQS and this option does not apply to members of his family.
Below is an analysis of the innovations and our comments on them:
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The text of the ninth paragraph of point 2 in the original version of 15.05.2020 N 1275-p |
The text of the ninth paragraph of point 2 in the edition of 25.06. 2020 No. 1671-p |
Comments on innovations |
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persons who are highly qualified specialists in the field of physical culture and sports, subject to the presentation of such persons documents proving their identity and recognized by the Russian Federation in this quality, and visa or without visa in the cases stipulated by international treaties of the Russian Federation specified in the list sent to the Federal Security Service of Russia, the Ministry of sports of Russia, and subject to the receipt of a valid employment contract with a sports organization or all-Russian sports Federation |
persons who enter the Russian Federation once and are employed as highly qualified specialists included in the list (indicating the checkpoint at 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 - employer or customer of works (services) upon submission of specified persons is valid documents proving their identity and recognized by the Russian Federation in this quality, and visa or without visa in the cases stipulated by international treaties of the Russian Federation, and subject to the receipt of a valid employment contract or civil law contract on performance of works (rendering of services) with the employer or customer of works (services); |
1. Entry for HQS is permitted only once (earlier there wasn't such condition for HQS in sport). 2. HQS must have:
The need to have a work permit is also not included in the conditions for crossing the border. 3. HQS must be included in the list, which must be sent to the Federal Security Service and the Ministry of Internal Affairs of the Russian Federation by the Executive authority responsible for the employer/customer. This implies that the Executive authorities should be responsible for the organization, not for its activities. However, using the example of a similar wording regarding persons entering for technical maintenance, it can be assumed that this detail will not be important, and the process will look like this: a) the employer / customer sends the list to the Executive authority responsible for the activities of the employer / customer. b) the Executive authority responsible for the activities of the employer / customer sends the lists of HQS to the Federal Security Services and the Ministry of Internal Affairs and informs the employer/customer about it. c) a foreign HQSs can enter the Russian Federation if they have the above documents. Either the employer/customer may submit to the Ministry of Internal Affairs the documents for HQS work permits and invitation, an invitation sends to the foreign worker abroad for getting visa and entry. IMPORTANT (!): when making a new employment contract, please note that its entry into force will not be linked to obtaining a work permit, because you need a valid contract to enter. Entering into force of the contract before receiving the work permit may be seen as employment without permits and fines can be up to 1 million rubles |
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The text of point 4 in the original version from 29.05.2020 N 1445-p, from 06.06.2020 N 1511-p |
Text of paragraph 4 in the version of 25.06.2020 No. 1671-R |
Comments on innovations |
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The Ministry of Internal Affairs of the Russian Federation and its territorial bodies temporarily suspend acceptance of documents, registration and issue of invitations to enter the Russian Federation to foreign citizens and stateless persons, except for drivers of trucks of international automobile transport, crews of air, sea and river vessels, train and locomotive crews of international railway transport, and also the persons specified in paragraphs five, six, eight, twelve and thirteen of point 2 of this order, as well as permits to attract and use foreign employees and work permits for foreign citizens located outside the territory of the Russian Federation. |
The Ministry of Internal Affairs of the Russian Federation and its territorial bodies temporarily suspend acceptance of documents, registration and issue of invitations to enter the Russian Federation to foreign citizens and stateless persons, except for drivers of trucks of international automobile transport, crews of air, sea and river vessels, train and locomotive crews of international railway transport, and also the persons specified in paragraphs five, six, eight, nine, twelve and thirteen of point 2 of this order, as well as permits to attract and use foreign workers and work permits to foreign citizens located outside the territory of the Russian Federation, with the exception of foreign citizens specified in paragraph nine of paragraph 2 of this order |
From 25.06.2020, the following documents are allowed to be accepted/processed/issued for HQS located abroad and planning to enter the Russian Federation once:
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For more information, please contact the consultants of the Confidence Group company.
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