Employees of Department on migration issues of Ministry of Internal Affairs requires to provide the concluded labor contract when applying for a work permit (WP) for highly qualified specialist (HQS).
Previously, some employers pointed in labor and civil law contracts with highly qualified specialists the future date of receipt of a work permit, not only as the date of entry into force, but as the date of conclusion of the contract as well. It means that the contract actually was not signed at the time of submission.
There is no direct indication in legislation of the fact that the contract with the HQS must be concluded at the time of submission.
In paragraph 2, clause. 6, art. 13.2 of the Federal law №115-FZ, among the documents submitted with the application for attracting highly qualified specialist (HQS) the employment contract (or a civil contract) is indicated: «employment contract or civil contract for works (services) to engage highly qualified specialist, their entry into force is caused by the receiving the work permit of highly qualified specialist».
However, there is an indirect indication in clause 12, Article 13.2, 115-FZ: «The work permit of HQS is issued for the duration of the concluded employment contract or a civil contract for works (services) with the employer or customer of work (services), but not more than for three years...»
It is assumed that this indirect indication is taken by the Department on migration issues of Ministry of Internal Affairs staff as the legal basis of the requirement to provide an employment contract at the time of submission.
In connection with this situation, Confidence Group encourages employers to apply for a work permit of highly qualified specialists (HQS) in the Department on migration issues of Ministry of Internal Affairs with concluded contracts only.
We also would like to remind that there is an obligation for the employer to notify the territorial body of the Department on migration issues of Ministry of Internal Affairs (forms and notification procedures approved by the order of the FMS of Russia as of June 28, 2010 № 147) within three days after the conclusion (termination) of employment or civil contract.
Confidence Group drawn up and sent a request to the Department on migration issues of Ministry of Internal Affairs, in order to confirm the validity of the legal basis of the Department on migration issues of Ministry of Internal Affairs requirements to provide the employment contracts at the time of submitting the documents for HQS work permit. The clarifications on the answer of the Department on migration issues of Ministry of Internal Affairs are to be announced later.
For detailed information please contact consultants of Confidence Group.
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