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Instruction Booklet for Foreign National Highly Skilled Specialists

A foreign national shall be deemed to be a highly skilled specialist, provided he(she) has experience, skills or achievements in any particular field of activity, and if his employment in the Russian Federation presupposes getting salary (remuneration):

1) in the amount of at least one million roubles per annum (365 days) – for highly skilled specialists being research workers or teachers (instructors), provided such persons are invited by higher educational institutions accredited by the government, state academies of science or their regional branches, national research centers or state research centers, for scientific-research or teaching activity;

2) without regard to the requirements as to the remuneration amount – foreign nationals participating in “Skolkovo” Project implementation in pursuance of the Federal Law On Skolkovo Innovation Project;

3) in the amount of at least two million roubles per annum (365 calendar days) – for other foreign nationals.

The following persons shall be recognized as members of the family of a highly skilled specialist, namely: the spouse, children (including adopted children), spouses of children, parents (including adopting parents), spouses of parents, grandmothers, grandfathers, grandchildren.

Employees or job (service) consumers shall on their own evaluate the level of competence and expert knowledge of foreign nationals, which they are desirous to engage as highly skilled specialists, and shall bear the relevant risks.

Any foreign national engaged for work in the Russian Federation as a highly skilled specialist, shall be entitled to:

• conduct labour activity beside the quota for issuing invitations to foreign nationals for entering the Russian Federation for the purpose of labour activities, and the quota for labour permit granting to foreign nationals, including members of his (her) family;
• conduct labour activity in pursuance of a labour permit valid for the term of the labour contract or the civil-law contract for performance of work (provision of services) with an employee or a job (service) consumer inviting him (her), but in no event for more than three years. The said labor permit term of validity may be repeatedly renewed for the term of the labour contract or the civil law contract for performance of work (provision of services), but no more than for three years in each event.

During the labour permit term of validity, any specialist, members of his (her) family, may:

• conduct labour activity in the Russian Federation, provided they have a labour permit duly obtained in pursuance of the said Federal Law; as well as study in any educational institutions and conduct other activity, unless prohibited under the laws of the Russian Federation.
• where, a labour contract or a civil-law contract for performance of work (rendering of services) stipulates conducting of labour activity by the highly skilled specialist in the territory of two or more political subdivisions of the Russian Federation, obtain a labour permit applicable in the territory of those political subdivisions of the Russian Federation;
• within thirty working days after early termination of a labour contract or a civil-law contract for performance of work (provision of services), search for another employee or job (service) consumer and obtain a new labour permit. During the above period of time, the labour permit issued to the highly-skilled specialist, as well as the visa and the residence permit issued to the highly-skilled specialist and to members of his(her) family, shall be deemed valid.
• receive a labour permit issued by the executive federal authority in charge of migration in the Russian Federation; and in case of availability of a representative office or a representative of such federal authority in the national country of such highly-skilled specialist – receive the same in such representative office or representative. Any labour permit shall be issued to the highly-skilled specialist upon presenting by such specialist of an identifying document recognized as such in the Russian Federation.
• Advertise himself (herself) on his (her) own as a highly skilled specialist by applying to the executive federal authority in charge of migration in the national state of such foreign national, or to the diplomatic mission or the consulate of the Russian Federation with a petition specifying information evidencing his (her) work experience, skills or achievements in a particular field of activity (including any testimonials issued by any persons or organizations evidencing competence and level of skills of such foreign national) and consent to entering of such information into the data base fixing information on labour activity of foreign nationals and to disclosing of such information to potential employees or job (service) consumers in the territory of the Russian Federation. In such event, information presented by the foreign national shall be placed on the official web-site of the executive federal authority in charge of migration;
• upon placing of information on the official web-site of the executive federal authority in charge of migration, receive an ordinary business visa for entering the Russian Federation, valid for up to thirty days, to be able to negotiate with an employee or a job (service) consumer and conclude a labour contract or a civil-law contract for performance of work (provision of services). An ordinary business visa shall be issued to a highly skilled specialist, provided such specialist has a written offer to enter the Russian Federation for relevant negotiations, served to such foreign national by the employee or the job (service) consumer.

Where, within thirty working days after early termination of a labour contract or civil-law contract for performance of work (provision of services), the highly skilled specialist fails to conclude a new labour contract or a civil-law contract for performance of work (provision of services), or where the petition of an employee or job (services) consumer for engaging of the highly skilled specialist is rejected, the labour permit issued to such highly skilled specialist, as well as the visas and residence permits issued to the highly skilled specialist and members of the family, shall be deemed valid within thirty working days upon expiration of the term as fixed in the present clause, or upon passing of a resolution on rejection of the petition filed by the employee or the job (services) consumer. Within the said thirty days, the highly skilled specialist and members of his (her) family shall depart from the Russian Federation in accordance with the laws of the Russian Federation.

Any foreign national highly skilled specialist and his (her) family members arriving in the Russian Federation shall have medical insurance policy valid in the territory of the Russian Federation or shall have the right to receive primary health care and specialized health care in pursuance of a relevant contract concluded between the employee or the job (service) consumer and a medical organization. Provision of the said guaranties of the above medical health care for the highly skilled specialist and his(her) family members during the term of validity of the labour contract or civil-law contract for performance of work (provision of services) with the highly skilled specialist, shall be a compulsory condition of the said labour contract or an essential of the civil-law contract for performance of work (provision of services).

A foreign national engaged for work in the Russian Federation as a highly skilled specialist may not:

• be engaged for work in the Russian Federation as a highly skilled specialist for conducting predicatory or any other religious activities, including ministering, other religious ceremonies, religious teaching and religious upbringing of adherents of any religion.
• be workers of retailing organizations engaged in servicing of purchasers in the course of retail trade in commodities (including pharmaceuticals) of any assortment, on any floor-space and via any forms of customer servicing.

Instruction Booklet for Employees or Job (Service) Consumers Engaging a Foreign National Highly Skilled Specialist

A foreign national shall be deemed to be a highly skilled specialist, provided he(she) has experience, skills or achievements in any particular field of activity, and if his employment in the Russian Federation presupposes getting salary (remuneration):

4) in the amount of at least one million roubles per annum (365 days) – for highly skilled specialists being research workers or teachers (instructors), provided such persons are invited by higher educational institutions accredited by the government, state academies of science or their regional branches, national research centers or state research centers, for scientific-research or teaching activity;

5) without regard to the requirements as to the remuneration amount – foreign nationals participating in “Skolkovo” Project implementation in pursuance of the Federal Law On Skolkovo Innovation Project;

6) in the amount of at least two million roubles per annum (365 calendar days) – for other foreign nationals.

Employees or job (service) consumers shall on their own evaluate the level of competence and expert knowledge of foreign nationals, which they are desirous to engage as highly skilled specialists, and shall bear the relevant risks.

To evaluate the level of competence and expert knowledge of a highly skilled specialist, an employee or a job (service) consumer shall use documents and information evidencing the level of professional knowledge and skills of such specialist, including opinion of other employees and job (service) consumers, including foreign ones, information presented by organizations in charge of staff evaluation and recruiting, information on the results of intellectual activities in which the specialist is an author or a co-author, information on occupational rewards and other forms of recognition of professional achievements, information of the results of any competitions held by an employee or a job (service) consumer, as well as any other objective, reliable and verifiable documents and information.

The following employees and job (service) consumers shall be entitled to engage highly skilled specialists for work in the Russian Federation, namely:

• Russian commercial organizations;
• Russian scientific organizations, educational institutions of professional education (excluding any religious professional educational institutions, theological educational institutions), medical institutions, as well as other organizations conducting scientific, scientific and technical and innovative activities, experimental developments, tests, staff training in accordance with state priority districts of science, technologies and engineering development in the Russian Federation, provided they have state accreditation as fixed by the Russian Federation;
• any affiliates of foreign legal entities duly accredited in the territory of the Russian Federation, provided, during two years prior to filing a petition for engaging of highly skilled specialists, such entities have been imposed no administrative penalties for unlawful engaging of foreign nationals and stateless persons in labour activity in the Russian Federation, as well as have no pending orders to impose administrative penalties for the above administrative offenses as of the time of filing of such petition.

To execute a labour permit and renewal of the term of temporal staying of a highly skilled specialist in the Russian Federation for that purpose, as well as to execute an invitation to enter the Russian Federation (if necessary), the employee or the job (service) consumer shall submit to the federal executive authority in charge of migration:

• petition for highly qualified specialist engaging;
• labor contract or civil-law contract for performance of work (provision of services) with the highly skilled specialist being engaged, entering into effect of which is conditioned by obtaining of the labour permit by such highly skilled specialist;
• written obligation to pay (reimburse) any expenses incurred to the Russian Federation in connection with such engaged specialist possible administrative extradition abroad the Russian Federation or his deportation;
• a copy of the certificate of legal entity registration or an abstract of the Sate Register of Affiliates of Foreign Legal Entities duly accredited in the territory of the Russian Federation, where the employee is an affiliate of a foreign legal entity.

No execution of a permit to engage foreign workers is needed for obtaining by an employee or a job (service) consumer of a labour permit for the highly skilled foreign specialist.

The term for consideration of a petition filed by an employee or a job (service) consumer for engaging of a highly skilled foreign specialist shall be no more than fourteen working days after the day of its filing to the federal executive authority in charge of migration.

In order to renew a labour permit of a highly skilled foreign specialist, the employee or the job (service) consumer shall, not later than thirty days prior to expiration of the former labour permit, submit to the federal executive authority in charge of migration the following:

• application by the employee or the job (service) consumer for renewal of the labour permit to the highly skilled specialist;
• labour contract or civil-law contract to perform work (provide services) with the highly skilled specialist, duly concluded and executed in accordance with the laws of the Russian Federation;
• a copy of a medical insurance policy or a contract by and between the employee or the job (service) consumer and a medical institution for primary health care or special health care provided to the highly skilled specialist and members of his (her) services permanently residing in the Russian Federation and being foreign nationals;
• information on the amount of salary (remuneration) paid to the highly skilled specialist by the employee or the job (service) consumer;
• Documents evidencing recording of the highly skilled specialist at the place of his staying;
• information of recording of the highly skilled specialist with the tax authority of the Russian Federation.

The term of considering of an application for renewal of the labour permit issued to a highly skilled specialist shall be no more than fourteen working days after such application filing with the federal executive authority in the sphere of migration.

Within thirty days after receiving of a labour permit by a highly skilled specialist, his employee or job (service) consumer shall notify the federal executive body in charge of migration of such highly skilled specialist recording with taxation authorities of the Russian Federation.

Any employees and job (service) consumers engaging highly skilled specialists shall quarterly, not later than on the last working day of the month next following the accounting quarter, notify the federal executive authority in charge of migration of performance of their obligations to pay salaries (remunerations) to highly qualified specialists, as well as of any cases of termination of labour contract or civil-law contracts for performance of work (provision of services) with such highly skilled specialists, and of any cases of giving leaves to highly skilled specialists without paying salaries for more than one calendar year during a year.

The term of validity of the labour permit issued to a highly skilled specialist, as well as the term of validity of visas and residence permits issued to such highly skilled specialist and members of his (her) family, shall be expanded for the period of considering of the petition filed by the employee or job (service) consumer, with which the highly skilled specialist has concluded a new labour contract or a civil-law contract for performance of work (provision of services).

Where an employee or a job (service) consumer, through its fault, fails to perform any obligations assumed by it or fixed by the laws of the Russian Federation towards a highly skilled specialist, or any obligatory terms and conditions of the labour contract and essential conditions of the civil-law contract for performance of work (rendering of services) concluded with the highly skilled specialist, such employee or a job (service) consumer may once again engage highly skilled foreign specialists not earlier than on the expiration of two years after the day when the federal executive body in charge of migration becomes aware of the relevant circumstances.

To obtain a labour permit for a highly skilled foreign specialist, the employee or the job (service) consumer shall present the following data:

1. Company’s INN, KPP

2. a receipt, evidencing payment of the state due in the amount of 2000 per foreign national

Payment receiver:

УФК по г. Москве (ФМС
России) р/счет: 401 018 108 ООО
000 100 41 банк: Отделение № 1
Московского ГТУ Банка России, г.
Москва ИНН 770 154 955 3 КПП
770 101 001 БИК 044583 001 Код
ОКАТО 452 86 555 000 КБК 192
108 06 0000 11 000 110

3. foreign specialist photograph (3x4 cm) in size on matt photographic paper

4. a copy of foreign specialist passport

The requirement for labour contract acceptance shall be specifying of the following details therein, namely:

• the date of labour contract (civil-law contract) conclusion;
• the position of the highly qualified foreign specialist;
• the salary in Russian roubles;
• information on medical insurance availability.

To receive an invitation for arriving of a highly qualified foreign specialist in the Russian Federation, the employee or the job (service) consumer shall be aware of the following information:

1. In what country and city the highly skilled foreign specialist is going to receive visa on the grounds of an invitation for entering the Russian Federation executed for him by the Federal Migration Service;

2. whether the said foreign national is employed abroad, if yes, then specify:

• entity name;
• post;
• address abroad.

3. In case such national is unemployed, then specify his residential address abroad the Russian Federation;

4. Where the documents for execution of the invitation for entering the Russian Federation are forwarded by mail, it is necessary to present the receipt of state due payment in the amount of 500 roubles per each highly skilled specialist invited. The payment details for payment of the state duty for execution of the invitation are the same as the details for payment of the state duty for execution of the labour permit.

Contacts:

Address: Moscow, ul. Verhniaya Radishchevskaya 4, building 1B,

Tel.: 636-93-61, 915-59-24

2012 © Федеральная Миграционная Служба

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