Form and sample notification of the Ministry of Internal Affairs about hiring a foreigner

Innovations in the procedure for hiring foreigners in 2019

In 2021, the rules established in 2018 after the transfer of the functions of the FMS to the Ministry of Internal Affairs continue to apply. According to Order of the Ministry of Internal Affairs of Russia dated January 10, 2018 No. 11, the old forms of notifications (which were submitted to the FMS) are no longer valid.

The obligation to notify government agencies about the conclusion (termination) of an employment contract with a foreigner remains unchanged. The forms themselves went through several revisions in 2017-2019.

Relevant today are the notification forms approved by Order of the Ministry of Internal Affairs dated 06/04/2019 No. 363 (came into force on 09/09/2019). At the same time, the previous Order of the Ministry of Internal Affairs of January 10, 2018 No. 11 became invalid. Along with it, the old forms of notifications also lost relevance.

Any employer (both a legal entity and an individual) who has entered into an employment contract with a foreigner must submit a notification to the Main Migration Department of the Ministry of Internal Affairs (FMS):

on concluding an employment contract (or GPA) when hiring a foreign citizen;
on termination of an employment contract (EAL) upon dismissal (termination of EAL) of a foreign citizen.

You must also always notify about the termination of any contract with a foreigner. Even if the contractual relationship ended for “natural” reasons: for example, the term of a fixed-term contract has expired or the foreign worker’s permits to work in the Russian Federation have expired.

Remind a foreigner: if he works in the Russian Federation under a patent, he should also notify the Ministry of Internal Affairs (FMS) about his employment. And for your part, send them a copy of the contract.

Useful information from Consultant+
Question: Is it necessary to notify the Russian Ministry of Internal Affairs about the conclusion and termination of employment contracts with foreign workers - a highly qualified specialist, a citizen of Belarus or a person temporarily or permanently residing in the Russian Federation? See the answer here.

Notification of salary payment to VKS

general information

IMPORTANT! Please note that from January 1, 2021, new forms of notifications on the payment of wages to HQS have been approved , as well as new forms of notifications on the conclusion and termination of employment contracts with foreign workers , in accordance with Order of the Ministry of Internal Affairs of July 30, 2021 N 536 “On approval of the form of application of a foreign citizen (stateless person) to engage him as a highly qualified specialist and the procedure for filling it out, as well as forms and procedures for notifying the Ministry of Internal Affairs of the Russian Federation or its territorial body about the implementation of labor activities by foreign citizens (stateless persons) in the territory Russian Federation"
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When hiring a highly qualified specialist (hereinafter referred to as HQS), the employer must remember that this decision requires great responsibility. An important condition for attracting HQS is a large salary. As a general rule, the salary should be no less than 167,000 rubles per month . In some cases, a lower salary level is allowed to obtain HQS.

However, the rest of the procedure for obtaining a work permit for HQS is attractive to many employers and employees.

In order to avoid abuse by employers of the procedure for attracting HQS, the state has established an obligation for them to notify the migration service about the payment of wages to HQS .

Deadline for submitting notification of salary payment to HQS

Employers of HQS must submit quarterly notifications to the Directorate for Migration Issues of the Main Directorate of the Ministry of Internal Affairs of Russia (hereinafter referred to as the Department of Migration of the Main Directorate of the Ministry of Internal Affairs of Russia) within the month following the previous quarter (reporting period).

Note! Failure to submit a notification or missing the deadline for submitting a notification is subject to administrative liability. The fine in Moscow, the Moscow region, St. Petersburg and the Leningrad region is: for company officials - from 35,000 to 70,000 rubles , for legal entities - from 400,000 to 1 million rubles . A fine may be imposed for each failure to submit a notice. If a company often uses the labor of foreigners, it may be denied registration of foreign workers due to unsubmitted notifications.

Features of preparing and submitting a notice of salary payment to HQS

The form of notification is established by Appendix No. 7 to Order No. 149 of the Federal Migration Service of Russia dated March 12, 2015. This means that the notification can only be submitted using this approved form. Failure to comply with the notification form is equivalent to failure to submit a notification.

Information to be included in the notification:

name of the migration authority to which it is submitted
information about the legal entity (organizational and legal form, type of economic activity, name, information on state registration and tax registration, location address)
details of the foreign worker (full name, state and city of birth, date of birth, passport details, migration registration address and date, work permit details)
date of conclusion of the employment contract with the employee
monthly payment amount for each month of the previous quarter
position and full name of the person who signed the notice on behalf of the company
personal data of the person who will submit the notification

The notice may be signed by a senior executive of the company. For example, a director, chief accountant or head of the human resources department (if there is a power of attorney from the head of the company).

The notice may be submitted by any person with a power of attorney. This can be either an employee of the company or a trusted representative (for example, an employee of a company providing migration services).

Note! If the HQS did not work due to illness, or was on leave without pay, or for other reasons did not receive wages or did not receive wages in full, the employer is still obliged to pay him a salary for the quarter equal to the amount of the HQS’s three-month income. It is allowed to pay wages less than the established amount if a highly qualified specialist did not start work from the beginning of the month.

The HQS salary notification is submitted to the external labor migration department that issued the HQS work permit. For the city of Moscow - this is the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia for the city of Moscow, for the Moscow region - the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia for the Moscow Region.

Methods for sending notifications

Notification can be sent in two ways:

Submitted directly to the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia
Sent to the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs by Russian Post

Both methods are legal, but each has its own advantages and disadvantages .

If you submit a notification directly to the migration service , you will have to spend a lot of time traveling to the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia and waiting in line. The advantages of submitting a notification in this way are that the inspector will check the correctness of filling out the notification, put a mark on the second copy of the notification about acceptance of the notification, and immediately enter the data from the notification into the database of the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia.

Sending a notice of salary payment to HQS by mail is much more convenient (the post office is located next to the office, there are no long queues for sending documents).

The disadvantages of this method include:

impossibility of checking the correctness of filling out the notification (the UVM inspector may not accept an erroneous notification);
absence of a mark from the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs confirming receipt of the notification (you will only have an inventory and a receipt confirming the sending of the notification, but it will be problematic to prove what the content of the notification was);
Russian Post will deliver the notification, but there is no guarantee that it will be promptly processed and entered into the database of the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia. Due to the lack of information in the migration service database, problems may arise with obtaining permits for foreign workers in the future.

In this regard, we recommend submitting a notice of payment of wages directly to the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia.

Addresses for notification

Directly to the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia:

Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow: 115230, Moscow region, Varshavskoe highway, 64 km, no. 1, building 47, Voronovskoye village (territory of “new Moscow”)
Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia for the Moscow region: Moscow region, Krasnogorsk district, po. Putilkovo, 69 km MKAD, MTVK "Greenwood", building 35

To send by Russian Post:

Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow: 115035, Moscow, st. B. Ordynka, 16/4, building 4
Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia for the Moscow Region: 125009, Moscow, Nikitsky lane, 3

The notification must be sent by letter with declared value.

List of documents for submitting notification of salary payment to HQS

To submit a notice of payment of wages to HQS, you must prepare the following documents:

Directly to the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia:

Notice of payment of wages to HQS – 2 copies.
Power of attorney for the signatory (if necessary) – 1 copy.
Power of attorney for a representative – 1 copy.

To send by Russian Post:

Envelope, size A4 – 1 copy.
Inventory of documents – 2 pcs.
Notification of delivery of letter – 1 pc.
Notice of payment of wages to HQS – 1 copy.
Power of attorney for the signatory (if necessary) – 1 copy.
Power of attorney for a representative – 1 copy.

Hurry up to submit your notice for the 4th quarter of 2021 before January 29!

Cost of preparation and submission of notice of salary payment to HQS

3,000 rub.

Cost of this service
Ours is small. But it will allow
Save you 8-15 hours
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How can we be useful to you?

Submitting a notice of payment of wages to HQS is a simple but time-consuming mandatory procedure, failure to comply with which may threaten the company with large fines and problems with hiring HQS in the future.

Therefore, it is better to entrust this routine task to specialists in the migration field.

We will prepare the notification, pick up the signed copies and submit them directly to the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia, and also deliver the notifications with a mark of acceptance to any place convenient for you.

The cost of the service for filing a HQS notification in our company is low. This will save 8-10 hours of your working time.

Contact us - and you will be satisfied with the result!

Form and sample notification of hiring a foreigner from September 9, 2021

The notification form was approved by the above-mentioned Order of the Ministry of Internal Affairs dated June 4, 2019 No. 363. It looks like this:

Notification form for hiring a foreigner

Fine for failure to notify

For failure to notify the Ministry of Internal Affairs about the hiring (or dismissal) of a foreigner or for violation of the established procedure and (or) notification form, administrative liability is provided (Part 3 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation):

for organizations - a fine of 400,000 to 800,000 rubles or suspension of activities for a period of 14 to 90 days;
for officials - a fine from 35,000 to 50,000 rubles.

For employers in Moscow, St. Petersburg, the Moscow and Leningrad regions, the responsibility is even stricter. Namely:

for organizations - a fine of 400,000 to 1 million rubles or suspension of activities for a period of 14 to 90 days;
for officials - a fine from 35,000 to 70,000 rubles.

How to fill out a new notice of hiring a foreigner

Let's look at common cases of filling out new notifications for hiring foreigners.

The new notification form for hiring a foreign worker, effective from 09.09.2019, contains 4 pages (not 2, as was the case in previous notification forms).

Sample notice of hiring a foreigner

First page

The first page of the notification contains the information of the employer who provides it. Following the line-by-line instructions, you need to enter the full name of the employer, main OKVED, OGRN or other state registration details confirming the right to act as an employer in the Russian Federation.

Sample notification for residence permit

The photo below shows a completed notification for a residence permit (taken from the VK group: Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow, MMC Sakharovo.)

Sample of filling out a residence permit notification

Sample notification of residence permit, reverse side

What else has changed since 09/09/2019

In addition to the notification form for employment, Order No. 363 of the Ministry of Internal Affairs also changed other forms that may be required when communicating with the Ministry of Internal Affairs regarding the hiring of a foreign employee:

petition of a foreign citizen (stateless person) to engage him as a highly qualified specialist;
notification of the fulfillment by employers and customers of obligations to pay wages (remuneration) to a foreign citizen (stateless person) - a highly qualified specialist;
notification of termination (termination) of an employment contract or civil contract with a foreign citizen (stateless person).

From October 9, 2021, all these documents must be submitted on new forms approved by Order No. 363.

Method of giving notice

The notification can be presented in several ways:

submit on paper directly to the migration department of the territorial body of the Ministry of Internal Affairs of Russia at the regional level (district departments will accept notifications on paper if there is a corresponding decision from the head of the regional body);
send by post with a description of the contents and notification of delivery;
send electronically via the Internet, including through a single portal of public services, using an enhanced qualified signature (information on the possibility of sending electronic notifications to district offices, as well as a list of such departments, is posted on the website of the regional authority).

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Let's sum it up

We have provided current forms and samples for typical cases of filling out notifications for hiring foreigners.
There are nuances for other categories of workers (for example, refugees). If, when filling out the form, you have any doubts about whether you are doing everything correctly, it is better to contact the Ministry of Internal Affairs to which you will submit this notification for clarification.
Please remember that the Ministry of Internal Affairs may not accept an incorrectly completed notification. And it will be considered unsubmitted with consequences in the form of fines provided for by the Code of Administrative Offenses of the Russian Federation.

If you find an error, please select a piece of text and press Ctrl+Enter.

Where to confirm a residence permit

Regulatory acts provide for several options for submitting a notification on a residence permit:

if the migrant did not move after receiving the status, then his notification of a residence permit will be expected at the migration department where the document was issued ;
foreigners who have changed their registration can submit a confirmation form to the department of the Ministry of Internal Affairs at their new place of residence ;
those registered for migration apply to the migration authority at their place of stay to register .

Peculiarities

When concluding an employment contract with a person who was previously listed as a civil service employee, and no more than 2 years have passed since his dismissal, the new manager is obliged to notify the person’s former employer about this.

This obligation is enshrined in Article 64.1 of the Labor Code of the Russian Federation and Article 12 of Federal Law No. 273. It is worth considering that the notification is sent even if the former civil servant was previously employed.

At the legislative level, there is a list of positions for which a notification is required. The manager can make sure that there is a need to send the document to the employee’s old place of work.

To do this you need:

refer to the reference and legal systems in which this list is established;
study the anti-corruption area on the official website of the federal government agency;
go to the official website of the government agency in which the person was registered in the state or municipal service;
send a personal request to the citizen’s former place of work.

It is worth considering that the new employee informs the employer that he was previously a civil servant, and also names the position from which he was fired. This information can be provided orally, as detailed information will be reflected in the work book.

If the employee ignored this requirement, then in accordance with Art. 84 of the Labor Code of Russia, the manager is obliged to immediately terminate the employment contract, based on Article 77 of the Labor Code of the Russian Federation.