From January 1, 2023, most foreigners will be subject to compulsory health insurance (CHI). Also, a new document appears for them – a temporary residence permit for education (TRPO). We tell you what a Russian employer needs to take into account when concluding an employment contract with citizens of other countries in 2023.
- What legal statuses do foreigners have?
- How to conclude an employment contract with a foreigner
- What to change in the company’s internal documents from January 1, 2023
What legal statuses do foreigners have?
The actions of the employer when hiring a citizen of another country directly depend on the grounds on which he is in the Russian Federation. As of January 1, 2023, a migrant under Federal Law No. 25-FZ of 07.2002.115 “On the Legal Status of Foreign Citizens …” It can have one of the following statuses:
- temporarily staying visa foreigner;
- highly qualified specialist (HQS);
- temporarily staying visa-free foreigner;
- temporary resident migrant, including those receiving education;
- permanent resident foreigner.
We do not deal with refugees, persons with temporary asylum and participants in the program for the resettlement of compatriots in the article. Their situation is regulated by separate regulations, and they have a special status different from that of a foreigner
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Temporary Visa Foreigner
This status is granted to residents of countries with which the Russian Federation does not have an agreement on a visa-free regime, or its validity is suspended. Example: Austria, Germany, Poland, Afghanistan. You can check the availability of the agreement on the portal of the Consular Department of the Ministry of Foreign Affairs of the Russian Federation.
Temporarily staying visa foreigners stay in Russia on the basis of an ordinary work, study or business visa (Section II of the Regulation approved by Government Decree No. 09 of 06.2003.335). It is limited in duration, but is extended at the request of the migrant.
In most cases, foreigners with this status can stay in Russia for as long as the visa is valid (Article 5 of Law No. 115-FZ). For their employment, the employer receives permission to attract migrants (Order of the Ministry of Internal Affairs dated 01.08.2020 No. 541). The foreigner himself will need a work permit (Article 13 of Law No. 115-FZ).
Highly qualified specialist
This category includes foreigners if the terms of their employment contract meet certain criteria for income or employer category (Part 1 of Article 13.2 of Law No. 115-FZ). For most HQS, this condition is a salary of at least 167 thousand rubles per month. Employers apply for a work permit to attract such a migrant (Order of the Ministry of Internal Affairs dated 01.08.2020 No. 541).
Highly qualified specialists can stay in Russia on the basis of a business visa – for the duration of the conclusion of an employment contract, a work visa or a residence permit (residence permit) with a work permit.
A temporary HQS and non-working members of his family are required to have a VHI policy for the entire duration of the employment contract. Insurance for them can be issued by the employer (clause 14 of article 13.2 of Law No. 115-FZ).
Features of the videoconferencing status
- such a foreigner and members of his family are not subject to quotas for the admission of foreign citizens;
- a work permit can be valid in several regions;
- HQS can go on business trips without restrictions on position, if the total duration of the trip does not exceed 30 days per year (clause 3 “a” of the appendix to Order No. 564n).
It is important for HR officers not to confuse highly qualified specialists with qualified specialists (Order of the Ministry of Labor of Russia dated 05.04.2022 No. 199n). The second category is representatives of certain positions and professions who have the right to obtain Russian citizenship in a simplified manner. The status of HQS in labor relations does not apply to them.
Temporarily staying visa-free foreigner
This status is given to citizens of countries with which the Russian Federation has relevant agreements. Example: Azerbaijan, Tajikistan, EAEU states.
The employer enters into an employment contract with visa-free foreigners without obtaining permission to attract migrants (clause 4.5 of Article 13 of Law No. 115-FZ). The citizen himself needs to apply for a patent (Article 13.3 of Law No. 115-FZ).
Citizens of the EAEU member states have a special status in this group (clause 97 of the Treaty on the EAEU). They can be hired without a patent, only on the basis of a civil passport and migration card. Also, there are no restrictions on business trips for them.
A migrant with a patent can work only in the territory of the region specified in the patent. You can’t send him on business trips. If there is a need to send a foreigner on a business trip, you will have to issue an additional patent.
Temporary resident migrant
Foreigners who have been issued a temporary residence permit (TRP) have the status. As a general rule, this document is valid for three years (Article 6 of Law No. 125-FZ).
Foreigners with a temporary residence permit are hired outside quotas, without patents and permits. But there is one limitation – they can work only in the region where they are allowed temporary residence. And there are peculiarities of sending on business trips (clause 2 of the appendix to Order No. 564n).
From January 1, 2023, a new type of document appears in Law No. 115-FZ – a temporary residence permit for the purpose of obtaining an education or temporary residence permit (Article 1 of Federal Law No. 14-FZ of 07.2022.357). It is issued to foreigners or stateless persons who study full-time at universities with state accreditation or under the program for the training of scientific and scientific-pedagogical personnel in graduate school (adjuncture) in a state educational organization or a state scientific organization.
This means that employers will be able to accept foreign students without quotas, patents and permits, only on the basis of a temporary residence permit.
Permanent resident migrant
A foreigner acquires this status upon obtaining a residence permit (residence permit). The document has no expiration date, except for the exceptions in Article 8 of Law No. 115-FZ:
- a biometric residence permit or a residence permit of a stateless person is valid for 10 years;
- for HQS – for the duration of the work permit.
Foreigners with a residence permit are hired by a Russian company without a patent and permits. Also, there are no restrictions on business trips and the itinerant nature of work for them.
How to conclude an employment contract with a foreigner
A migrant is hired taking into account the following features:
- he must be 18 years old (Part 4 of Article 13 of Law No. 115-FZ);
- in the employment contract, you must specify the details of the work permit, patent, temporary residence permit, temporary residence permit, residence permit;
- when receiving videoconferencing, it is necessary to resolve the issue of providing medical care for the entire duration of the employment relationship.
From January 1, 2023, foreigners and stateless persons temporarily staying in Russia, with the exception of temporarily staying HQS and non-working members of their families, are subject to compulsory medical insurance (Article 1 of Federal Law No. 14-FZ of 07.2022.240, Article 8 of Federal Law No. 14-FZ of 07.2022.237). This means that when employed, employers do not require a VHI policy from them and pay insurance premiums for them.
The step-by-step algorithm for hiring a foreigner in 2023 looks like this.
Step 1. Check the legal status of a foreigner, including on the portal of the Consular Department of the Ministry of Foreign Affairs of the Russian Federation:
- temporarily staying visa foreigner;
- videoconferencing;
- temporarily staying visa-free foreigner, including a citizen of the EAEU;
- temporary resident migrant, including those receiving education;
- permanent resident foreigner.
Step 2. Check the validity of documents confirming the regime of stay in Russia:
- national passport and migration card (except for citizens of Belarus);
- TRP or TRPO for temporarily residing foreigners;
- Residence permit for permanent resident migrants.
Step 2.1. Obtain a quota and permission to attract migrants when employing temporarily staying visa foreigners (Order of the Ministry of Internal Affairs dated 01.08.2020 No. 541):
- fill out an application to the AIC “Migration Quotas”;
- submit an application from the AIC to the local Center for Labor Resources, attaching to it a letter of guarantee on the provision of a foreigner with housing and a justification for the need to attract migrants in certain professions and positions;
- send an application to the Migration Department of the Ministry of Internal Affairs of Russia for a permit to attract migrants (Appendix 1 to the Order of the Ministry of Internal Affairs of Russia dated 19.06.2017 No. 392).
To obtain a work permit for a visa foreigner, the employer submits a copy of the foreigner’s passport and medical documents to the Ministry of Internal Affairs (clause 39 of the Administrative Regulations under the Order of the Ministry of Internal Affairs No. 541).
Step 2.2. Obtain a work permit for a highly qualified specialist (Article 13.2 of Law No. 115-FZ):
- conclude an employment contract with HQS, where to indicate the date of entry into force after obtaining a work permit;
- send a petition to the Department of Internal Affairs of the Ministry of Internal Affairs to attract a highly qualified specialist (Decree of the Government of the Russian Federation of 30.06.2010 No. 487), attaching to it a letter of guarantee for reimbursement of expenses for the expulsion of a foreigner in case of early dismissal (Order of the Ministry of Internal Affairs No. 541).
Step 3. Conclude an employment contract with a foreigner. The document must indicate the details of the work permit, patent, temporary residence permit, temporary residence permit, residence permit (Article 327.2 of the Labor Code of the Russian Federation).
Check the availability of documents for the employment of a migrant according to the checklist:
- National passport.
- Documents on education, qualifications.
- Employment record book – can be issued by the employer.
- SNILS – can be issued by the employer.
- TIN – can be issued by the employer.
- Visa – for HQS, visa migrants.
- Migration card – for everyone, except for citizens of Belarus, as well as permanently or temporarily residing foreigners.
- TRP or TRPO – for temporarily residing foreigners.
- Residence permit is for permanent resident foreigners.
- Work permit – for visa migrants and HQS.
- A patent and a receipt for payment of a patent are for visa-free foreigners, except for citizens of the EAEU.
- VHI policy – for videoconferencing.
As a general rule, foreigners conclude an employment contract for an indefinite period, with the exception of cases under Article 59 of the Labor Code of the Russian Federation (Article 327.1 of the Labor Code of the Russian Federation). If a migrant expires a work permit, temporary residence permit or other permit, the employer is obliged to suspend him from work (Article 327.5 of the Labor Code of the Russian Federation). A month later, if the foreigner does not receive new documents, he is dismissed (Article 327.6 of the Labor Code of the Russian Federation).
HR officers need to ensure that all migrant permits are valid for the entire duration of the employment contract. Otherwise, the company will be held administratively liable with fines of several hundred thousand rubles or suspension of activities (Article 18.15 of the Code of Administrative Offenses of the Russian Federation).
Step 4. Notify the Ministry of Internal Affairs of Russia of the employment of a foreigner within three days after the conclusion of the employment contract (Part 8 of Article 13 of Law No. 115-FZ, Appendix 7 to Order of the Ministry of Internal Affairs of Russia dated 30.07.2020 No. 536).
Step 5. Put an employee on migration registration if the company has provided him with a place to live, for example, a change house at his address (Article 20 of Federal Law No. 18-FZ of 07.2006.109).
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What to change in the company’s internal documents from January 1, 2023
The rules that most foreign workers are not required to have a VHI policy for the duration of the employment contract should be reflected in the company’s local regulations. Employers need to make an audit of internal documents and make appropriate changes to the sections with guarantees for migrants and their obligations, for example:
- Internal labor regulations.
- Regulations on insurance coverage of employees.
- Employment contracts with foreigners.