How to obtain a work permit for foreign citizens in 2021

The stay of citizens of another state on the territory of Russia must always be legal; accordingly, all manipulations with documents and registration of employment of such citizens must also be carried out strictly within the framework of the law.

Perhaps, as an entrepreneur, you may already have encountered difficulties in officially applying for a job as a foreigner. They could even call this process a headache, but looking for “simpler” ways in this regard, such as hiring illegal immigrants, is not a way out of the situation, since such steps can result in large fines for your company and damage for your business.

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In this article we will look at issues related to the legal status of foreign workers and the rules for hiring them in 2018.

Foreign citizen status

The first thing you should do is find out the status of a foreign citizen. The procedure for applying for a job for your future employee depends on this. There are three statuses in total:

• temporarily staying on the territory of the Russian Federation. This category includes foreign citizens who work on a visa or migration card;
• temporarily residing in Russia. These are those foreigners who have a temporary residence permit in the country, issued for a period of up to 3 years;
• Foreign citizens permanently residing in Russia who have a residence permit issued for a period of 5 years (the document can be extended as necessary).

Reception of persons equated to citizens of the Russian Federation

Preferential employment is provided for persons coming from Kazakhstan, Armenia and Belarus. They are not subject to restrictions related to the protection of the Russian labor market. The employer is not obliged to notify such citizens about the hiring of such citizens. And they do not need to obtain the appropriate work permit.

Also, preferential registration for a workplace is provided for other foreigners who have received a residence permit. It is issued within seven days from the moment of crossing the border. Or this responsibility falls on the employer.

To obtain an employment contract, both of these categories must submit the same documents as citizens of the Russian Federation. Only military registration documents (evronout) are not submitted.

A package of documents is formed:

• from a foreign passport;
• from the work book (if it is not available, the HR department at the place of new work will handle the registration);
• from a health insurance policy;
• from documents on the education received;
• from a residence permit (Belarusians, Armenians and Kazakhs do not need to present this document!).

It should be noted that if an employment contract is concluded with a foreign citizen, the employer is obliged to include information in it in accordance with the requirements of Article 57 of the Labor Code. For persons temporarily residing in the territory of the Russian Federation, information on a patent or visa is entered, and the conditions for the provision of medical care are also discussed.

For permanent residents, information about the residence permit is indicated. In addition, information is entered on payment of relocation expenses for the employee and his family members, including return to their homeland.

Hiring a foreigner with a residence permit

A foreign citizen who has a residence permit is hired in the same way as a Russian citizen. In this case, no additional permits are required, but the employer needs to carefully check the validity period of the residence permit.

In addition, when hiring such a foreigner, you must notify the territorial office of the Russian Ministry of Internal Affairs about the conclusion of an employment contract within three days. This rule is established by paragraph 8 of Article 13 of the Law on the Legal Status of Foreigners. And there are no exceptions for permanent resident foreigners.

Use our step-by-step instructions for registering a foreigner for work:

Option No. 1 - how to register migrants as employees of your company

1. We register with the Main Migration Department of the Ministry of Internal Affairs as an employer of migrants
2. Determining the status of a foreign citizen
3. We determine citizenship and regime of stay in the Russian Federation
4. We check and prepare missing migration documents
5. We place an employee on staff
6. We notify the Main Department of Migration Affairs of the Ministry of Internal Affairs about the conclusion of an employment contract with a foreigner
7. We calculate and pay taxes and contributions from a migrant’s salary
8. We monitor timely payment of patents
9. Dismissing a foreigner from work
10. We notify the Main Directorate for Migration of the Ministry of Internal Affairs about the dismissal of a foreign employee
11. Forms and samples of documents for registration of foreigners

Option No. 2 : how to register migrants as employees

1. We work with migrants using a simplified form

Get instructions

What is safer for the employer - registration in the state or outside the state?

Find out where it is safer to register foreign employees using this link.

Hiring a foreign citizen with a temporary residence permit in Russia

The admission of a foreigner who has a temporary residence permit in Russia is carried out in the same way as the admission of a citizen of a foreign state who has a residence permit here. However, it is worth noting that such an employee must annually confirm his status as a temporary resident with the migration service.

Employment of temporarily staying foreign citizens

It is this category of foreigners that, according to paragraph 1 of Article 2 of the law on the legal status of foreign citizens, belongs to foreign workers. The procedure for hiring them will depend on whether the foreigner needs a visa to enter Russia or not.

Citizens of the Republics of Belarus, Kazakhstan and Armenia: special procedure for hiring

Now let's talk in more detail about the peculiarities of employment of citizens from the republics of Belarus, Kazakhstan and Armenia who are temporarily staying in Russia. Citizens of these countries can enter Russia visa-free (letter of the Russian Ministry of Foreign Affairs dated April 27, 2012 No. 19261/kd). And the Treaty on the Eurasian Economic Union (hereinafter referred to as the Treaty), which entered into force on January 1, 2015, provides for certain advantages for citizens from these republics when hiring.

For your information

The Treaty on the Eurasian Economic Union (EAEU) was signed on May 29, 2014. Parties to the Agreement are the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation. On October 10, 2014, the Republic of Armenia joined this agreement. On December 23, 2014, the “Treaty on the Accession of the Kyrgyz Republic to the Treaty on the Eurasian Economic Union of May 29, 2014” was signed. However, at present this treaty has not been ratified and has not entered into force.

The norms of the treaty on the EAEU have priority over Russian laws (clause 4 of article 15 of the Constitution of the Russian Federation). Let us turn to some provisions of the Agreement.

“Workers of the Member States are not required to obtain a permit to carry out labor activities in the state of employment” (Clause 1, Article 97 of the Treaty).

It turns out that citizens from the listed republics do not need to have a work permit or patent. And the employer, in turn, should not issue an invitation to enter for such employees (Article 18 of Law No. 115-FZ).

When applying for a job, citizens of Belarus, Kazakhstan and Armenia must submit to the employer the same set of documents as Russian citizens. This is explained by the following provision of the Agreement:

“The labor activity of a working member state is regulated by the legislation of the state of employment, taking into account the provisions of this Treaty” (clause 4 of Article 97 of the Treaty).

Let us remind you that the list of documents required when applying for a job is given in Article 65 of the Labor Code. In particular, this list includes a document on education (if the work requires special knowledge or special training). Should a foreign worker take care of the legalization (i.e. confirmation) of an education document issued in one of the republics that signed the Treaty?

“For the purpose of carrying out labor activities by workers of the Member States in the state of employment, educational documents issued by educational organizations of the Member States are recognized, without carrying out the procedures for recognizing educational documents established by the legislation of the state of employment” (paragraph 1, paragraph 3, article 97 of the Treaty).

This means that educational documents submitted for employment do not require legalization. The exception is cases when citizens of the named republics apply to engage in teaching, legal, medical or pharmaceutical activities (paragraph 2, paragraph 3, article 97 of the Treaty).

At the same time, the employer (customer of work, services) has the right to request a notarized translation into Russian of educational documents, as well as send various requests to verify these documents (paragraph 4, paragraph 3, article 97 of the Agreement).

Let us quote another important provision of the Treaty:

“Employers and (or) customers of works (services) of a Member State have the right to involve workers of Member States in the implementation of labor activities without taking into account restrictions on the protection of the national labor market” (Clause 1, Article 97 of the Treaty).

From this provision it follows that Russian companies can hire citizens from Belarus, Kazakhstan and Armenia without taking into account the permissible share of foreigners. Let us recall that for 2015, the permissible share of foreign workers used by employers in carrying out certain types of economic activities was established by Decree of the Government of the Russian Federation dated December 19, 2014 No. 1420. For example, in a company engaged in the retail trade of alcoholic beverages, there can be no more than 15 foreigners % of the total number of employees.

Employment of a temporarily staying visa foreigner

To hire a temporary resident visa foreigner, you need to perform a number of actions:

• send an application about the need for specialists to the employment service so that government authorities confirm the feasibility of attracting foreign workers;
• submit an application to the migration service for permission to attract and use foreign workers;
• pay the state duty, which is 10,000 rubles for each foreign worker;
• submit an application to the territorial branch of the Federal Migration Service of Russia to issue an invitation to enter a foreign citizen.

Within 20 working days after this, you will need to be issued an invitation, for which you will need to pay a state fee of 800 rubles.

After this, you will need to contact the Main Department of Migration of the Ministry of Internal Affairs of Russia for a work permit for a foreigner. You will need to draw up a package of documents, which must include an application, a photograph of the foreigner, and a copy of the passport. You will also need to pay a state fee of 3,500 rubles.

After this, you will be able to notify the migration service about the arrival of a foreigner (this must be done within up to 3 days) and conclude an employment contract with him.

Admission procedure

Before drawing up an employment contract, the employer needs to understand the status of a citizen. There are three main categories of foreigners:

• persons living permanently on the territory of the Russian Federation and having a residence permit;
• persons who have received a temporary residence permit, including work permit;
• persons who have issued a visa or can work on a migration card.

That is, in fact, a distinction is made between foreigners temporarily and permanently residing in the territory of the Russian Federation.

There is a general rule for all of these categories. The employer is obliged to notify the Ministry of Internal Affairs (previously the FMS was notified) about the conclusion of an employment contract in accordance with Article 13 of the Law on the Legal Status of Foreign Citizens. There are no exceptions to this rule! It is valid for both temporary and permanent foreigners residing in the Russian Federation.

The notification is sent by employers within three days.

Further registration of the employee depends on his status.

Persons who have received a temporary permit

Persons who have received a temporary work and residence permit are issued

in the same way as citizens who have issued a residence permit and reside permanently in the Russian Federation.
The only difference is the need to confirm your status as a temporary resident. The hiring procedure for this category depends on the presence or absence of a visa.
If a future employee has a visa or is expected to be issued one, the employer is obliged to:

1. Contact the local employment service with an application to hire a foreigner. This body will consider the feasibility of such involvement and express its written consent or disagreement.
2. Also submit an application to the Ministry of Internal Affairs (its local branch) in order to obtain permission to use foreign labor.
3. Contribute a fee of 10,000 rubles to the state treasury for each employee.
4. Submit an application for the issuance of an appropriate invitation to enter (now submitted to the local authority of the Ministry of Internal Affairs).

The invitation is issued within twenty days. Upon receipt, a fee of 800 rubles is also paid. Then a package of documents is submitted (usually it includes a photograph of the employee, a copy of his passport and a statement from the employer). After reviewing the application, the Ministry of Internal Affairs issues a permit, for which an additional 3,500 rubles are paid to the treasury. The invitation is then sent to the foreign worker.

After his arrival, within three days, a corresponding notification is sent to the Ministry of Internal Affairs and an employment contract is concluded.

Workers who do not have a visa

If a future employee does not have a visa, employers do not need to obtain permission to invite him. But in this case, the foreigner will have to apply for a special patent.

From 2021, this document must be received by all persons, without exception, who arrived in the Russian Federation without a visa, but who still want to find a suitable job. The cost of such a permit depends entirely on the length of stay of the foreigner and the region in which he wishes to work. The fixed payment is 1,568 rubles, but in fact it is different for each region.

Employers should be aware that the maximum duration of a patent is currently one year . And the period of its extension cannot exceed one month. After this period, the employee is obliged to leave the territory of the Russian Federation, and then officially enter it and apply again for a patent as a newly arrived person.

Patents are currently issued by the Ministry of the Interior. Both the foreigner himself and his authorized representative can apply for them. You must have a package of documents with you. The application is drawn up at the place of application.

To extend the validity of a document for one month, you must contact the Ministry of Internal Affairs at least ten days before its expiration. Upon delay, the employment contract is terminated and the employee is removed from performing work duties.

You must apply for a patent within thirty days from the moment you cross the state border. In addition to the application, the package of documents includes:

• passport identifying the applicant;
• migration card specifying the purpose of arrival;
• medical insurance policy;
• a receipt confirming the fact that the appropriate duty has been paid to the treasury; medical certificates confirming the absence of infectious diseases and drug addiction;
• a document confirming knowledge of the Russian language, as well as the history of the Russian Federation.

It should be noted that only companies and enterprises that have the right (permit) to employ migrants can obtain a foreigner as an employee with a visa. Guests without a visa are given exactly 90 days to independently search for work.

And if this search ends in failure, the foreigner will have to leave the territory of the Russian Federation.

Employment of a temporarily staying visa-free foreigner

In order to hire a foreigner who does not have a visa, you will not need to obtain permission to attract and use foreign workers. However, in this case the foreigner himself will need a patent to work in Russia.

The patent form was approved by order of the Federal Migration Service of Russia dated December 8, 2014 No. 638. The cost of a work permit is calculated taking into account the region of work activity and the period.

Foreign citizens who get a job under a patent can only find work in those regions where it was issued. It should be taken into account that without a visa, such an employee can work in one company for no more than two years in a row. After this period, the foreign citizen will have to leave the territory of the Russian Federation and re-enter. Only then does he go to the authorized agency to obtain a new patent as a newly arrived foreigner.

In order to apply for a patent, a foreigner (or his authorized representative) must submit an application and a complete package of supporting documents to the Main Department of Migration Affairs of the Ministry of Internal Affairs of Russia. After checking the information provided, the applicant will be issued a permit document. Payment of fees and legality of stay in the country are recognized as mandatory conditions for the validity of a patent.

Important! In 2018, a work patent for foreign citizens is issued for a period of 1 month to a year. However, it can be extended for a period of one month.

The received patent can be extended, but this issue will need to be taken care of at least 10 days before the expiration of the document. The basis for increasing the period is the employer’s request.

If the patent has expired, then the contract with the foreign employee must be terminated or such employee must be temporarily suspended from performing official duties.

Foreigners who temporarily or permanently reside in Russia do not need to obtain a patent.

Citizens of the CIS countries (Belarus, Armenia, Kyrgyzstan and Kazakhstan) can work in our country without issuing any additional permits. This is provided for by the Treaty on the Eurasian Economic Union of May 29, 2014. A work patent is required for citizens of Abkhazia, Azerbaijan, Uzbekistan, and Ukraine.

The patent rule does not apply to citizens of the DPR, even those temporarily staying, since this category of applicants has refugee status and, in accordance with the law, should not buy a patent.

Patent for a foreign worker

A document that allows you to hire a foreign citizen from a visa-free country is not called a permit, but a patent. The main difference between a patent and a work permit is that it is obtained by foreigners themselves, and not by the employer. Since 2015, a patent can be issued not only for work as private domestic staff, but also for employment in Russian organizations and individual entrepreneurs. Quotas for attracting patent workers are not established by law.

A visa-free foreigner must indicate on the migration card when crossing the border that the purpose of arriving in the Russian Federation is work. You must apply for a labor patent to the regional Federal Migration Service within 30 days from the date of entry, the fine for violating this period is from 10 to 15 thousand rubles.

The list of documents for filing a patent application includes:

• Identification;
• Migration card;
• Voluntary health insurance policy obtained in Russia;
• Certificate of completion of a medical examination;
• Confirmation of registration at the place of residence;
• A document confirming knowledge of the Russian language;
• Patent payment document.

Payment for a patent is a kind of fixed advance payment on the personal income tax of a foreign citizen. The established cost of a patent - 1,200 rubles per month - is multiplied by the deflator coefficient (in 2018 it is 1.686) and by the regional coefficient. It turns out that in each Russian region the cost of a patent will be different. For example, in Moscow in 2021, a patent costs 4,500 rubles monthly.

A patent is issued for a period of up to one year, with the exception of citizens of Tajikistan, for whom this period is extended to three years. If an employee has worked on a patent for more than 12 months and intends to continue working, then he has the right to apply for its extension for another year. To do this, a petition from the employer and a copy of the current employment contract are submitted to the Federal Migration Service.

A foreigner can begin looking for official work in Russia only after receiving a patent and paying its cost. In addition, a patent is valid only for the specialty indicated in it and in the territory where it was issued, which complicates the search for work. An agreement must be concluded with the employer within two months after the patent is issued, otherwise it will be revoked.

Fines

If an employer neglects the rules for hiring foreigners, then sanctions may be applied to him in the form of an administrative fine, the amount of which will depend on the legal status of the violator.

If the employer does not submit a notification to the Ministry of Internal Affairs or violates the deadlines for filing or the form for submitting the notification, then in cities of federal significance, such as Moscow and the region, as well as St. Petersburg and the Leningrad region, a fine of

• from 5,000 to 7,000 rubles for citizens of the Russian Federation (individuals);
• from 35,000 to 70,000 rubles for officials;
• from 400,000 to 1,000,000 rubles for legal entities.

Also, as a punishment, it is possible to suspend the activities of the organization for a period of 14 to 90 days. As you understand, it is not in your interests to ignore the rules established by the state.

9. We fire a foreigner from work

1. We issue an order to dismiss a foreign citizen from work, in which the foreigner puts his signature.
2. We make an entry in the work book about the dismissal of a foreign citizen from work
3. The foreign citizen signs the employee’s card (T-2), confirming receipt of the work book in hand
4. We return the work permit to a foreign citizen

10. We notify the Main Directorate for Migration Affairs of the Ministry of Internal Affairs about the dismissal of a foreign employee

The employer is obliged to notify the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of the termination of the employment contract with a foreigner no later than three working days from the date of termination of the contract.

Attention! Failure to notify or untimely notification of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs leads to a fine of up to 1 million rubles or suspension of the organization’s activities for up to 90 days.

Documents for applying for a job

The basic package of documents required for a foreigner applying for a job in Russia includes:

1. National passport. In most countries, passports are made according to a single international standard, and it is not difficult to find information about the date and place of birth, citizenship, etc. Pay attention to the validity period of the document: if the passport is expired, your employee may be expelled from the country; If there is less than a year left before the expiration date of the passport, the foreigner may be denied a patent or work permit.
2. Visa. It is needed for those who come from visa countries. The visa is affixed to the passport and must indicate the purpose of the visit—employment.

Migration card. It should emphasize the purpose - work. For violating the purpose of entry, the Code of Administrative Offenses prescribes a fine (from 2,000 to 5,000 rubles, Article 18.8). Citizens of Belarus, permanently and temporarily residing foreign citizens do not have migration cards.

Residents of Kazakhstan, Kyrgyzstan, and Ukraine can come to Russia not only with a foreign passport, but also with an internal ID. But it is more profitable for you, as an employer, to hire employees who can present exactly the passport where the border crossing stamp is affixed. This is an important date, because the period of stay of a foreigner in the country is counted from it, and you can use it to check the total period of stay in the Russian Federation (90 out of 180).

Find a vacancy with temporary residence permit

For employers, the right to hire a foreigner is associated with certain risks. On the one hand, many highly qualified specialists come from abroad without any special complaints about their salaries, on the other hand, in the flow of migrants there are many individuals who entered the state illegally and live in it with fake documents. It is necessary to be careful and check the guests of the country who are included in the staff of the enterprise.

You can learn more about hiring a foreign citizen from the video below.

Working in the Russian Federation for a foreign citizen with a temporary residence permit becomes more accessible. You can find a decent job in your specialty and receive a higher salary than those who work illegally or came for only 3 months and will soon leave.

Attention! From 2021, an employer does not have the right to register a foreign citizen hired at the place of employment if he does not actually live there.

You can read more about this, as well as find out who, according to the new law, can become a host for a foreigner here.

Registration of a permit is an important step that makes it possible to find a job in 2021 on an equal basis with native citizens of the country. Employers, knowing that they do not risk anything, will choose a specialist, regardless of whether he is a citizen of Russia or comes from abroad. In the future, masters of their craft who employ them can be assisted in obtaining a residence permit and citizenship.

Find out what documents are required to obtain a residence permit and the processing time on our website.