The law establishes different dates of entry into force for its various provisions, namely:
1. 180 days after its publication, i.e. January 6, 2024, the following provisions shall enter into force:
- A HQS and members of his family acquire the right to receive an unlimited residence permit in Russia, subject to the conditions specified in the law (more on the conditions in our news)
- in order to obtain a work permit for a HQS and, on this basis, to extend the period of temporary stay in Russia, it will be possible to provide a copy of the employment contract or contract for the provision of services, certified by the employer (customer of work or services), and not the original
- a work permit for a HQS operating in the territories of two or more subjects of the Russian Federation can only be obtained when the HQS performs labor activities in separate divisions of the organization, including branches or representative offices of a legal entity located outside the subject of the Russian Federation in which the employer is located or the customer, or from interdependent persons (with the exception of individuals) located in the territories of two or more constituent entities of the Russian Federation
- the form of the application for the involvement of the HQS will be approved by the Ministry of Internal Affairs of Russia, and not by the Government of Russia (we are waiting for the publication of the relevant regulatory legal act with a new form)
- reduction of the terms of departure from Russia in the event of early termination of an employment or civil law contract, if a new contract has not been concluded, or if the employer’s or customer’s request to engage a HQS was rejected (30 “calendar” days from the date of expiration of the period of 30 working days from termination of the contract instead of "working" days in the current version of the law)
- a work permit for a HQS will be issued only by the bodies of the Ministry of Internal Affairs of Russia, it will not be possible to obtain it at representative offices outside of Russia in the country of HQS citizenship
- conditions for the cancellation of a work permit if it is not received on time: if the work permit issued for the HQS was not received by him within 30 calendar days from the date of the decision to issue it or to extend it, then such a work permit is not issued, and the decision to issue him is annulled. The HQS and members of his family in this case must leave Russia no later than 15 calendar days from the date of expiration of these periods (unless they have other legal grounds for staying in Russia). At the request of the employer or the customer, if there are valid reasons, the period for obtaining a work permit may be extended, but not more than 30 calendar days from the date of receipt of such an application by the Ministry of Internal Affairs
- the employer or the customer is deprived of the right to employ foreign citizens of the HQS for 2 years also in case of failure to submit to the tax authorities information on the calculated, withheld and transferred amounts of personal income tax within up to 6 months after the end of the reporting period
- when granting an academic leave to a foreign student, completing or early termination of studies, an educational or scientific organization is obliged to transfer the relevant information to the Ministry of Internal Affairs within 3 days
2. On March 1, 2024, the provisions related to HQS income requirements come into force, namely:
- the amount of salary that gives the right to the status of a HQS in accordance with Article 13.2 of 115-FZ will be increased from 167 thousand rubles per month by 750 thousand rubles per quarter for all HQS, with the exception of some categories (for more details about the exceptions, see our news)
- for HQS other than the categories listed above, the level of income required to confirm the status of a HQS will be calculated based on the total income per quarter, not only if there is a break in employment
3. The remaining provisions of the law came into force on the date of its publication, that is, July 10, 2023. These are the following provisions:
- HQS family members, along with HQS, will undergo a medical check-up within 30 calendar days from the date of the decision to extend the validity of the HQS work permit, or from the date of entry Russia, if at the time of such a decision they were outside it
- in order to obtain a residence permit in Russia on the basis of a profession (specialty, position) from the list of the Ministry of Labor, it is now required to confirm that the applicant has the appropriate education, qualifications or special knowledge
- the right to a simplified residence permit was granted to foreign citizens who, during the period of a special military operation, entered into a contract for military service in the Russian Armed Forces or military formations for a period of at least 1 year, as well as members of his family, including in the event of death or death of a soldier . Family members of a serviceman are his spouse (wife), children (including adopted children), parents (including adoptive ones). In case of termination of service in the Russian Armed Forces and termination of the contract, the previously issued residence permit will be canceled.
- clarifications on who are family members of foreign citizens who are entitled to obtain a residence permit in Russia in a simplified manner on the basis of investments came into force
- foreigners with TRP now have the right to change their place of residence in Russia in case of transfer to a new place of military service (if this TRP was issued on the basis of military service)
- to obtain a work permit for a HQS and to obtain a patent to work in Russia, you no longer need to provide documents on migration registration
For more information, please contact the consultants of the Confidence Group company.
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