We wrote earlier about the introduction of this bill for consideration by the State Duma of Russia.
Among the most important changes introduced by the law are the following.
I. Clauses concerning highly qualified specialists (HQS) and their family members
1) 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, except for the following categories:
▪ scientists and teachers;
▪ residents of the technology-innovative special economic zone;
▪ medical, pedagogical or scientific workers, if they are invited to engage in relevant activities on the territory of the international medical cluster;
▪ foreign citizens involved in the implementation of the Skolkovo project;
▪ foreign citizens employed by legal entities operating in the territories of the Republic of Crimea and the federal city of Sevastopol;
▪ foreign citizens involved in labor activities by legal entities carrying out activities in priority areas of development of the federal territory "Sirius" and on the proposal of public authorities of the federal territory "Sirius".
For all of the exceptions listed above, the established salary level does not change. With the established level of wages, as well as with the criteria for classifying a foreign citizen as a HQS in accordance with the current version of Law 115-FZ, you can find in our article.
2) for HQs other than the categories listed above, the level of income required to confirm HQ status will now be calculated based on total income per quarter, not only if there is a break in employment
The provisions of the law regarding the income level of a HQS (subparagraphs 1 and 2 of the news) come into force on March 01, 2024.
3) A HQS and members of his family acquire the right to receive an unlimited residence permit in Russia subject to the following conditions:
▪ A HQS has been working in Russia as a HQS at the time of applying for a residence permit for at least 2 years;
▪ A HQS and members of his family at the time of application are residing in Russia on the basis of a residence permit obtained in accordance with Article 13.2 of 115-FZ (as a HQS and members of his family), without requirements for the duration of residence on such a residence permit;
▪ the employer or customer of works (services) of such HQS during 2 years of his labor activity in Russia transferred and withheld taxes to the Russian budget, which had to be transferred for HQS as his employer or customer.
4) specifics of the procedure and terms for passing a medical check-up not within 30 calendar days after 1 year from the date of passing the previous medical check-up, but only when extending a work permit in Russia, will now apply not only to HQS, but also to their family members .
Also, HQS and members of their families will be required to 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 into Russia, if at the time of such a decision they were outside it
Regarding the timing of the re-passing of the medical check-up, a clarification has been added that if the HQS were outside Russia at the time the decision was made to extend the validity of the work permit, but they must undergo a repeated medical examination within 30 calendar days from the date of entry into Russia.
5) in order to obtain a work permit for a HQS and, on this basis, to extend the period of temporary stay in Russia, it is now possible to provide a copy of the employment contract or services contract certified by the employer (customer of works or services), and not the original copy
6) clarified that in order to obtain a work permit for a HQS operating in the territories of two or more constituent entities of the Russian Federation, it can only be obtained when the HQS carries out labor activities in separate divisions of the organization, including in branches or representative offices of a legal entity located outside the subject of the Russian Federation, in which the employer or customer is located, or with interdependent persons (with the exception of individuals) located in the territories of two or more constituent entities of the Russian Federation. The definition of interdependent persons is given in Art. 20 of the Tax Code of Russia and Art. 4 of the Law of the RSFSR of March 22, 1991 N 948-1 "On Competition and Restriction of Monopoly Activities in Commodity Markets". To do this, the employer or customer submits an application for the involvement of a HQS to the federal executive body in the field of internal affairs or its authorized territorial body at its location (state registration).
7) the form of the application for the involvement of the HQS will now be approved by the Ministry of Internal Affairs of Russia, and not by the Government of Russia. We are waiting for a change in the form and the release of the relevant legal acts after the entry into force of the law.
8) in case 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, the foreign citizen is obliged to leave Russia within 30 “calendar” days from the date of expiration of the 30 working days from the termination of the contract (in the current version of the law, such citizens are required to leave within 30 "working" days after the expiration of the specified period - that is, the period is reduced)
9) a work permit for a HQS will now be issued only by the bodies of the Ministry of Internal Affairs of Russia, the possibility of issuing it by representative offices and representatives outside of Russia in the country of citizenship of the HQS has been removed (however, this possibility actually did not exist before)
10) 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 it is cancelled. 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 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
11) 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
12) the tax authorities will be obliged, in order to monitor compliance by employers or customers of work (services) with the conditions for attracting and using HQS, at the request of the Ministry of Internal Affairs, information on income received by HQS (and not taxes paid for them, as before). However, how the tax authorities will receive this information is not clear.
The provisions of the law relating to an unlimited residence permit for a HQS come into force after 180 days from the date of the official publication of the law (recall that the law has not yet been published, only adopted in the third reading).
II. Clauses regarding the issuance of a residence permit in Russia to foreign citizens who are not HQS
13) 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 will be necessary to confirm that the applicant has the appropriate education, qualifications or special knowledge. However, in what order and on what grounds this will happen is not yet clear, we are waiting for the publication of the relevant regulatory legal act.
14) the right to a simplified residence permit will also be granted to foreign citizens who have concluded 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 . Members of the family 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.
15) clarified who belongs to the family members of foreign citizens who have the right to obtain a residence permit in Russia in a simplified manner on the basis of investments, as well as the fact that the criteria and procedure for classifying investors as having such a right are established by the Government of Russia. Earlier, we wrote about legal acts that establish such criteria, and about the procedure for confirming compliance with them.
16) added the right of a foreigner with a temporary residence permit to change the place of residence in Russia in case of transfer to a new place of military service (if this temporary residence permit was issued on the basis of military service)
17) in order to obtain a work permit for a HQS and to obtain a patent to work in Russia, it will no longer be necessary to provide documents on migration registration.
Please note that the need to provide documents on migration registration was excluded only for these processes (obtaining a work permit for HQS and a patent for visa-free foreigners), but this does not mean that the obligation of foreign citizens to register at the place of stay has been abolished - such an obligation is still established for foreign citizens temporarily staying in Russia (Article 7 of Federal Law No. 109-FZ "On Migration Registration of Foreign Citizens and Stateless Persons in Russia").
III. Other clauses
18) foreign citizens working in Russia on the basis of a patent must, within 2 months from the date of issue of the patent, submit a notice of employment under an employment contract or a services agreement with a copy of such an agreement, regardless of who it is concluded with ( previously they had to send a copy of the labor or civil law contract, and only if the employers and customers were legal entities and individual entrepreneurs), the patent may be canceled for failure to fulfill this obligation. The form of such notification will be established by the Ministry of Internal Affairs of Russia. If the contract was concluded orally, information about it will be indicated in such notice.
19) 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
20) clarified that also the list of documents for issuing an invitation to enter Russia, along with the application form, will be established by the Ministry of Internal Affairs of Russia
The provisions of the law regarding the submission of notifications by foreign citizens working in Russia on the basis of a patent and notifications of the Ministry of Internal Affairs when notifications are provided by foreign citizens studying in Russia, on the establishment of a list of documents for issuing invitations, come into force after 180 days from the date of official publication of the law.
21) clarified that documents on passing a medical examination when obtaining a work permit by visa foreigners must be submitted to the Ministry of Internal Affairs body that issued the work permit (now the place of submission is approved in the text of the law)
22) foreign citizens applying for a work permit when entering military service in the Russian Armed Forces, and for a residence permit on the basis of the newly introduced clause on serving in the Russian Armed Forces during a special military operation, are exempted from the obligation to confirm their knowledge of the Russian language
23) added the possibility of providing a medical policy also in the form of an electronic document when applying for and reissuing a patent by visa-free foreign citizens, as well as work permits for foreign citizens sent to work in branches, representative offices and subsidiaries located in Russia of foreign commercial organizations registered in the territories Member States of the World Trade Organization
All other provisions of the law, not noted separately, come into force from the day of its official publication.
Recall that the law has not yet been published, only adopted in the third reading - before its official publication, it must be approved by the Federation Council and signed by the President of Russia.
Source: https://sozd.duma.gov.ru/
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