Work permit for HQS (Highly qualified specialist)

A work permit for HQS (highly qualified specialist) is issued for a period of up to 3 years, gives the right to carry out labor activities on the territory of the Russian Federation. The HQS work visa is issued for the duration of the work permit, including for accompanying family members

A highly qualified specialist (Article 13.2, 115-FL) - a foreign citizen who has work experience, skills or achievements in a particular field of activity, if the conditions for attracting him to work in the Russian Federation require him to receive a salary (remuneration):

The employer independently (at his own discretion) assesses the competence and skill level of the citizens he wants to attract as HQS (highly qualified foreign specialists).

Who can attract HQS

Attract HQS specialists allowed the following employers:

·         russian commercial organizations;

·         branches of foreign legal entities duly accredited on the territory of the Russian Federation;

·         Russian scientific organizations, educational institutions (with the exception of institutions of professional religious education (spiritual educational institutions);

·         healthcare institutions, as well as other organizations engaged in scientific, technical and innovative activities, experimental development, testing, training in accordance with the state priority areas for the development of science and technology of the Russian Federation, if they have state accreditation;

·         physical culture and sports organizations operating in the territory of the Russian Federation, which are not Russian commercial organizations, as well as all-Russian sports federations in case of attracting highly qualified specialists for positions included in the list of positions of foreign citizens and stateless persons involved as highly qualified specialists in the field of physical culture and sports by physical culture and sports organizations and all-Russian sports federations.

Should an organization have a quota for attracting HQS (highly qualified specialist)?

The quota for issuing invitations to foreign citizens to enter the Russian Federation for the purpose of carrying out labor activities and the quota for issuing work permits to foreign citizens do not apply to highly qualified specialists.

Validity of a work permit for HQS (highly qualified specialist)

A work permit for HQS is issued for the duration of the employment contract concluded by him or a civil law contract, but not more than 3 years with the possibility of extension.

Obtaining a work permit for a HQS

Only a foreign citizen personally can obtain a work permit for a HQS. The Confidence Group  provides accompaniment of a foreign citizen in the bodies of the Ministry of Internal Affairs upon receipt of a work permit for a HQS,

HQS work visa

A work visa for HQS is issued for the same period as a work permit, but no more than 3 years, based on an invitation to enter the Russian Federation for the purpose of work, issued in parallel with the work permit of the HQS.

If a HQS work permit is issued to a foreign employee who is already in the Russian Federation on the basis of a work visa, such a HQS work visa can be extended for the period of the issued work permit for the HQS.

The work of the HQS (highly qualified specialist) on the territory of the Russian Federation

In accordance with an employment contract or a civil law contract for the performance of work (provision of services), a foreign HQS is supposed to carry out labor activities in the territories of two or more constituent entities of the Russian Federation, it is possible to issue a work permit valid in the territories of these constituent entities of the Russian Federation, while , the organization attracting the HQS must have a separate subdivision on the territory of this subject.

Should a highly qualified specialist confirm knowledge of the Russian language, knowledge of the history of Russia and the basics of Russian legislation when obtaining a work permit?

Foreign citizens - highly qualified specialists are exempt from the obligation to confirm the level of knowledge of the Russian language, knowledge of the history of Russia and the fundamentals of the legislation of the Russian Federation when submitting documents for obtaining a work permit.

The term for issuing a work permit for a HQS (highly qualified specialist)

The total period for issuing a work permit for HQS from the date of submission of documents is 14 working days. A foreign citizen can only obtain a work permit for a HQS in person.

Documents for obtaining a work permit for a HQS (highly qualified specialist)

1.       petition of the employer, customer of works (services) to attract a HQS (high-qualified foreign specialist);

2.       a written obligation to pay (reimburse) the costs of the Russian Federation related to the possible administrative expulsion from the Russian Federation or the deportation of the HQS (highly qualified specialist) attracted by him;

3.       power of attorney to submit documents;

4.       employment or civil law contract with a HQS (highly qualified specialist) - the original, stitched and certified by the company's seal;

5.       notarized translation of a foreign citizen's passport;

6.       1 color matte photo, size 30x40 mm;

7.       a notarized copy of the OGRN Certificate;

8.       a notarized copy of the TIN Certificate;

9.       a notarized copy of the TIN Certificate for a separate subdivision (required when registering for several constituent entities of the Russian Federation);

10.   a copy of the company's charter, stitched and certified by the company's seal;

11.   the original and a copy of the VHI policy, with a validity period not less than the validity period of the agreement concluded with the foreign HQS;

12.   state duty in the amount of 3 500 rubles, with a blue seal of the bank, for issuing a work permit indicating, KBK, OKTMO and full name of a foreign citizen.

Employment contract with HQS (highly qualified specialist)

1.       the contract is drawn up on behalf of the employer in Russian or in a bilingual version, one of the options must be in Russian;

2.       the contract must state that a highly qualified specialist is hired for a position corresponding to OKPDTR; *

3.       the contract must be concluded for an indefinite period**;

4.       the information on the date of conclusion of the contract with the HQS states that the contract comes into force from the moment the work permit is received;

5.       salary is indicated in the employment contract with the HQS only in rubles and must be equal to or exceed the amount of 167,000 rubles per month (except for special conditions for attracting a HQS);

6.       in the guarantees provided by the HQS, the employer undertakes to provide voluntary medical insurance to the HQS employee and his family members (even in the absence of such);

7.       an employment contract must be signed by the employer and HQS employee;

8.       in the text of the contract the full name of the employee must be indicated, as in a notarized translation of the passport, petition and letter of guarantee;

9.       the contract is drawn up in three copies having equal legal force. An employee receives one copy. The second original is kept by the employing organization. The third is transferred to the Department for Migration of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow.

* The profession (specialty, position, type of labor activity) of a foreign citizen of the HQS is indicated in the work permit in accordance with the employment contract and may not comply with OKPDTR. In this case, the employees of the Main Directorate of the Ministry of Internal Affairs for Moscow will independently decide on writing the position corresponding to OKPDTR on the front side of the HQS work permit, and the position indicated in the employment contract will be indicated on the back of the work permit in the “special marks” column.

** The conclusion of fixed-term employment contracts is possible only on the grounds provided for in Article 59 of the Labor Code of the Russian Federation.

Also, in addition to the labor contract with HQS, it is possible to conclude a civil law contract. You can familiarize yourself with the features of the labor and civil law contract with the HQS (highly qualified specialists) in our article. 

Voluntary medical insurance for highly qualified specialists, as well as members of their families

In accordance with paragraph 14 of Article 13.2 of the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" No. 115, a highly qualified specialist and accompanying members of his family from the date of entry into the Russian Federation must be insured under a voluntary medical insurance.

This obligation is assigned to the employer who hired the HQS, which is also reflected in the labor contract concluded with the HQS.

Foreign HQS (highly qualified specialists) working in the Russian Federation are required to have a VHI policy or other document confirming the right to receive medical care, based on a contract concluded by the host (inviting) party, employer or customer of work (services) with a medical organization for the provision to a foreign employee of paid medical services that ensure the provision of primary health care and specialized emergency medical care to a foreign employee during the entire period of stay of a foreign citizen in the Russian Federation.

The requirements for the form and content of voluntary health insurance policies for HQS who are on the territory of the Russian Federation for the purpose of carrying out their labor activities are established by Ordinance of the Bank of Russia dated 10/11/2021 No. 5974-U:

·         VHI policy can be issued electronically. In this case, the requirements and conditions for the manufacture of counterfeit-proof printing products, approved by the Order of the Ministry of Finance of the Russian Federation, do not apply to it (see the link to the order in the attachment to the letter);

·         insurers are now required to post information about issued VHIs, with the ability to check them by number, on their official website;

·         from April 1^st, 2021, VHI issued for labor migrants must be valid throughout the Russian Federation.

We also remind you of the basic requirements for VHI for highly qualified specialists:

·         VHI for HQS must cover at least 100 000 rubles for each insured person during the period of the contract;

·         the validity period of the VHI for the HQS is determined based on the validity period of the work permit for the HQS;

·         the form of the VHI policy must comply with the requirements of printing documentation and be made on paper with a watermark or a watermark of limited distribution;

·         VHI policy for labor migrants must contain, among other things, the following information:

1.       information about the insured;

2.       information about the insured person;

3.       information about the insurer;

4.       number of the VHI policy for labor migrants;

5.       date of filling out the VHI policy for labor migrants;

6.       validity period of the VHI contract for labor migrants;

7.       the territory of validity of the VHI agreement;

8.       the amount of insured sum;

9.       the insured's signature.

Restrictions on hiring foreign workers as a HQS (highly qualified specialist)

If the employer has the following type of activity according to OKVED (including secondary), for which the Government of the Russian Federation has established the allowable share of foreign workers, it is impossible to accept foreign citizens in excess of the established share. This rule is also true for HQS. According to Article 14, 115-FZ of July 25^th, 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation", a HQS cannot:

1.       be in the public service;

2.       To fill positions in the crew of a vessel under the State Flag of the Russian Federation, in accordance with the restrictions provided for by the Merchant Shipping Code of the Russian Federation;

3.       Be a member of the crew of a warship of the Russian Federation or another vessel operated for non-commercial purposes, as well as an aircraft of state or experimental aviation;

4.       To be the commander of a civil aircraft, unless otherwise provided by federal law;

5.       Be employed at facilities and organizations whose activities are related to ensuring the security of the Russian Federation. The list of such objects and organizations is approved by the Government of the Russian Federation;

6.       Engage in other activities and fill other positions, the admission of foreign citizens to which is limited by federal law.

HQS in the field of trade

Order of the Ministry of Labor and Social Protection of the Russian Federation of September 23, 2013 N 475n "On approval of the list of professions (positions, specialties) of foreign workers who manage and coordinate activities related to the conduct of trade, and qualification requirements for such workers" approved the positions for who can be attracted in the field of trade of foreign citizens - highly qualified specialists if they meet the requirements specified in the order. You can find the details by following the following link.

HQS in the religious sphere

Foreign citizens cannot be employed in the Russian Federation as an HQS to engage in preaching or other religious activities, including the performance of divine services, other religious rites and ceremonies, teaching religion and religious education of followers of any religion.

HQS - Chief Accountant

 Only a foreign citizen temporarily or permanently residing in the Russian Federation and meeting the requirements stipulated by the legislation of the Russian Federation can fill the position of chief accountant or other official who is responsible for accounting.

Thus, HQS temporarily staying in the Russian Federation cannot be accepted for the position of chief accountant or other official who is responsible for accounting. To occupy these positions, they need to obtain the status of temporary or permanent residents in the territory of the Russian Federation.

Who does not need to issue a work permit for a HQS?

It is not necessary to issue a work permit for the following categories of foreign citizens:

·         employees of representative offices of foreign legal entities accredited in the territory of the Russian Federation, within the limits of the number agreed during the accreditation of these representative offices by the authorized accrediting body, on the basis of the principle of reciprocity in accordance with international treaties of the Russian Federation (Belarus, Armenia, Kazakhstan, Kyrgyzstan);

·         employees of foreign legal entities (manufacturers or suppliers) that perform installation (supervised) work, service and warranty services, as well as post-warranty repairs of technical equipment supplied in the Russian Federation;

·         journalists accredited in the Russian Federation;

·         studying in the Russian Federation in educational institutions and performing work (providing services) during the holidays;

·         invited to the Russian Federation as teachers to conduct classes in educational institutions, with the exception of persons entering the Russian Federation to engage in teaching activities in institutions of professional religious education (spiritual educational institutions);

·         employees from the EAEU countries.

Obligations of the employer in terms of HQS

The employer or the customer of works (services) involving the HQS to work is obliged to notify the territorial body of the UVM of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation in the constituent entity of the Russian Federation, on the territory of which this foreign citizen carries out labor activities, of the conclusion and termination of an employment contract or civil law contracts for the performance of work (provision of services).

The notice period is 3 working days from the date of conclusion or termination (cancellation) of the relevant agreement.

An employer hiring a highly qualified specialist is obliged to notify the migration authority on the fulfillment of obligations to pay wages (remuneration) to the HQS on a quarterly basis no later than the last working day of the month following the reporting quarter.

Responsibilities of the HQS (highly qualified specialist)

1.       A foreign citizen - HQS is obliged to apply to the authority that issued the work permit to amend the work permit, if during the period of its validity the full name or details of the identity document of this foreign citizen have changed. It is necessary to submit a corresponding application to the Main Directorate of the Ministry of Internal Affairs of the Russian Federation within 7 working days:

·         from the date of entry of the HQS into the Russian Federation (if the full name of a foreign citizen or the details of the document proving his identity is changed outside the Russian Federation);

·         from the date of change of the full name of the foreign citizen or details of the document proving his identity on the territory of the Russian Federation.

2.       A foreign citizen - HQS is not entitled to work in a profession (specialty, position, type of labor activity) that is not specified in the work permit.

3.       A foreign citizen - HQS is not entitled to work outside the territory of the subject of the Russian Federation, on the territory of which he was issued a work permit.

4.       Foreign citizens must comply with the stated purpose of entry and duration of stay.

5.       Foreign citizens-residents of the Russian Federation are required to submit reports on the movement reports on the movement of funds on their accounts (deposits) in banks located outside the territory of the Russian Federation.

Family members of the HQS (highly qualified specialist)

Family members of HQS are recognized in the Russian Federation: spouse, children (including adopted children), spouses of children, parents (including adoptive parents), spouses of parents, grandparents, grandchildren.

During the period of validity of a work permit issued to a highly qualified specialist, members of his family have the right to work in the territory of the Russian Federation if they have a work permit (which is issued without taking into account quotas and without a permit to attract foreign labor), as well as to receive education in organizations engaged in educational activities, and carry out other activities not prohibited by the legislation of the Russian Federation.