simplification of the regime of stay and employment in the Russian Federation of foreign IT specialists (Part 1)

Short description

Russia has taken steps to simplify employment and stay procedures for foreign IT specialists, according to new legislation. Last summer, the country amended federal law to provide foreign IT specialists with the possibility of obtaining a residence permit in a simplified manner, and for IT companies to involve foreign citizens in work without needing a permit. Citizens of Haiti who enter the country on a visa are not required to issue a work permit or patent upon employment, and those who arrive visa-free are exempt from patent requirements. An employment contract or performance of work is necessary, with state accreditation required for IT companies.

simplification of the regime of stay and employment in the Russian Federation of foreign IT specialists (Part 1)

Providing the digital economy with competent staff involves, in particular, the involvement of highly qualified foreign specialists. One of the measures of a motivational nature in this direction was the simplification of the regime of stay and employment procedures of foreign IT specialists in Russia.

Legal basis of support measures

At the legislative level, everything began with the Decree of the President of the Russian Federation dated March 2, 2022 No. 83. The document defined steps to ensure accelerated development and support of the IT industry. In particular, the Cabinet of Ministers was instructed (subparagraph “d” of paragraph 1 of Decree No. 83) to take measures aimed at simplification of employment procedures of foreign citizens who are involved in work in an IT company, and obtaining a residence permit by these persons (university).

To fulfill this mandate, last summer, Federal Law No. 207-FZ dated June 28, 2022 was adopted, which amended Federal Law No. 115-FZ dated June 25, 2002. After the publication of the document, we reported on it in the material “Foreign specialists in the field of IT: the peculiarities of the legal status are defined and employment in the Russian Federation is simplified.”

We remind you that Law No. 115-FZ:

  • determines the legal status of foreign citizens in Russia;

  • regulates relations between authorities and foreign citizens arising in connection with their stay in the Russian Federation and their employment, business and other activities.

The President of the Russian Federation received the right to determine the peculiarities of the legal status of certain categories of foreign citizens, which are of a temporary nature, by his decrees. This norm was included in Law No. 115-FZ with the aim of ensuring national security and solving other tasks of the state’s internal and foreign policy.

With other additions to Law No. 115-FZ, the legislator provided:

  • for foreign IT specialists – The possibility of obtaining a residence permit in a simplified manner;

  • for IT companies – the right to involve foreign citizens in the work without the need to obtain a permit for their use.

What gives a foreigner a residence permit in case

The benefits of the changes for IT foreigners can be better understood by comparing them with the general norms for the stay of foreigners in Russia.

First, we note that a residence permit is a document that confirms the right of a foreign citizen or stateless person to permanent residence, and even their right to freely leave the Russian Federation and enter the Russian Federation.

The residence permit contains personal data:

  • full name;

  • date and place of birth;

  • floor;

  • citizenship of a foreign citizen;

  • number and date of the decision to issue the document;

  • term of validity (in cases stipulated by Law No. 115-FZ);

  • the name of the executive body that issued the document.

Residence permit forms (for foreign citizens and stateless persons) were approved by the order of the Ministry of Internal Affairs of Russia No. 399 dated 03.06.2020.

With the issuance of a residence permit, a foreigner receives a guarantee for most of the rights that a Russian citizen has.

Availability A residence permit, in particular, allows a foreigner to:

  • freely change the place of residence and place of stay at one’s own will (registration by place of residence replaces migration registration);

  • to move freely outside the borders of the Russian Federation and return back without additional documents and difficulties;

  • work without a patent or work permit;

  • receive medical care free of charge on the basis of the ZMS policy;

  • receive temporary disability benefits and a number of other benefits.

At the same time, the presence of rights associated with obtaining GNP, does not exempt a foreigner from performing a number of duties. And those foreigners who receive GNP on preferential terms should remember them.

Here are some of the most important responsibilities.

First, it is necessary confirm residence in the Russian Federation. For this purpose, it is necessary to submit a notification to the territorial body of the Ministry of Internal Affairs (TO of the Ministry of Internal Affairs) (form and rules for submission of authorization by the resolution of the Government of the Russian Federation No. 21 of 01.17.2007). The notification deadline is within two months from the end of the next year from the date of receipt of the GNP. If there are good reasons, the deadline can be postponed, but not for more than six months. At the same time, the impossibility of submitting a notification within the deadline must be documented.

Secondly, the foreigner is obliged confirm income, which makes it possible to support yourself and your family members. The procedure for determining the average monthly income of a foreigner was approved by the Resolution of the Government of the Russian Federation No. 91 dated 09.02.2007. In this case, the amount of income must correspond to the subsistence level established by the law of the subject of the Russian Federation, near which the foreigner is allowed to temporarily reside. For example, in the capital in 2023, the subsistence minimum per capita is 21,718 rubles. (Decision of the Moscow Tripartite Commission dated February 27, 2023 No. 77-1456).

So, the required annual income for 2023 should be at least 260,616 rubles. (21718 rubles x 12). Income includes payments made by employers provided for by the wage system, income under DPG contracts, and other types of income (including from the sale and leasing of real estate (apartments, cottages, garages, etc.) , interest on bank deposits, etc.) (clause 6 of the order, approved by Resolution No. 91).

Resolution No. 91 also determines the average monthly per capita income of a foreigner’s family member.

Proof of income is not required if a foreigner is declared unfit for work.

Thirdly, a foreigner has comply with the deadline for leaving the Russian Federation – Not more than six months in total during the calendar year. Failure to fulfill this obligation threatens the cancellation of a residence permit (Subparagraph 11, Clause 1, Article 9 of Law No. 115-FZ). Departure for a longer period is possible, in particular, in cases of serious illness and emergency treatment of a foreigner abroad, death of a close relative who lived in a foreign country. It is allowed to extend the period of departure from the border of the Russian Federation for a longer period (due to official necessity.

Another duty is confirmation of the availability of residential premises. Law No. 115-FZ (subparagraph 9, paragraph 1, article 9) imposes this duty on foreigners after the expiration of three years from the date of entry into the Russian Federation.

The full list of grounds for refusing to issue or canceling a residence permit is given in Art. 9 of Law No. 115-FZ.

Simplified procedure for obtaining a university degree by IT foreigners

In the case of obtaining a residence permit, it is necessary to live for at least one year on the basis of a temporary residence permit. Law No. 207-FZ included IT specialists in the list of categories of citizens who can get a residence permit without an RVP.

From June 28, 2022, GNPs can be received in a simplified manner citizens and members of their families. The IT specialist’s family members include:

  • husband (wife);

  • children (including adopted children);

  • children’s spouses;

  • parents (including reception);

  • parents’ spouses;

  • grandparents, grandchildren.

Employment: privileges and features for foreigners-Aitish residents

Foreign citizens (who have reached the age of 18) have the right to freely dispose of their labor abilities for entrepreneurial and other economic activities not prohibited by law, taking into account the restrictions provided for by Law No. 115-FZ.

Privileges are established for foreigners who are citizens of Haiti. Those who entered the Russian Federation with a visa, upon employment there is no need to issue a work permit. Those who entered visa-free, should not issue a patent to work.

To obtain a residence permit in a simplified manner, a foreign IT worker must conclude an employment contract or an employment contract performance of work (provision of services) with the organization. Such the organization must have a document on state accreditation as a company operating in the IT field. The presence of accreditation in the company can be checked by ЕПГУ. Exceptions are organizations that have the status of a resident of a technical-implementation special economic zone.

The terms and sequence of administrative procedures (actions) when issuing a residence permit to foreigners, as well as the forms of documents used in this, are determined by the administrative regulations (approved by the order of the Ministry of Internal Affairs of Russia dated 11.06.2020 No. 417). At the end of last year, an addition was made to this document (clause 22(1)), in particular regarding universities for IT foreigners (order of the Ministry of Internal Affairs of November 16, 2022 No. 868). The decision on the provision of public service, on the basis of which the applicant is issued a GNP, is made by the head (his deputy or a person who performs the duties of the head) of the Ministry of Internal Affairs of the region. The conclusion on the issuance of a residence permit or on the refusal to provide a state service is drawn up on paper (clause 22(1) of the regulation). Register entries are not formed as a result of the provision of a state service (clause 22.2 of the regulation). And also pay attention: it is not possible to receive GNP through MFC, because multifunctional centers do not participate in the provision of state services (clause 20 of the regulation). A residence permit can be obtained at the migration division of the Ministry of Internal Affairs at the regional and district levels.

The law does not provide for employment as an IT specialist for a sole proprietorship. Upon employment in a non-accredited IT company, the foreigner and the employer must comply with all the requirements for admission, defined by Law No. 115-FZ, depending on the status of the foreign citizen. Foreigners with a visa must issue a work permit, visa-free foreigners – a patent.

In the case of a residence permit, it is issued (with a number of exceptions) without limitation of validity. An IT specialist is also issued a residence permit without a validity period, but the law stipulates specifics. If the contract is terminated, the IT worker has 30 working days to find a job (or enter into an employment contract) with an accredited IT company. If it is not possible to get a job, the residence permit will be canceled. The same consequences occur when the IT company’s accreditation is revoked.

A foreigner can independently declare himself as a highly qualified specialist (HCS) by applying to the representative office of the federal executive authority in the field of migration in his state. Or you can contact the diplomatic mission of the Russian Ministry of Foreign Affairs. This department maintains the VKS Data Bank.

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