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Personal
legalization of foreign employees in Russia.
Most
of the information below has been provided by the Russian
law firm VISTA Foreign Business Support (www.vfbs.ru).
This section clarifies the situation with business visa
and work permits for foreign citizens who wish to be legally
employed in Russia. We look into 3 cases: 1) Standard business
visas; 2) Employment by foreign company representative offices;
3) Employment by Russian companies.
Case
1: Personal legalization of foreign visitors that
have a business
trip in Russia
This case deals with the most common situation when the foreigners
arrive to the Russian Federation on a standard business visa.
According to Russian legislation foreigners that are travelling
in Russian companies, Representative Offices and Branches of
foreign companies in Russia should obtain
business visas.
So, a business visa should officially be obtained by those individuals who
are traveling to Russia to conduct a business activity related to the
business
they are invloved in at their home country (such as exhibitions, conference
meetings, negotiations, etc.). However, a business visa is often the only way
to be able to stay in Russia for longer than 1 month, as standard tourist visas
are valid for up to 1 month only. So, it's became quite a common practice to
issue business visa for tourists and that is what most of the Russian tourist
agencies do.
If
an
individual has plans to have a long-term employment in Russia, then a standard
business
visa
is not
legally
sufficient (see more information below in Cases 2 and 3).
Several types of business visa are distinguished in Russia:
1 month single entry, 3 month single entry, 1 month double entry, 3 month double
entry, 6 month multiple
entry and 1 year multiple entry business visas. Total time needed for obtaining
single entry and double entry business visas is 10 working days, for multiple
entry business visas – 15 working days. This period may be longer or shorter,
depending on what fee is paid to the authorities that process the visa support
and visa request.
The procedure of obtaining business visas for foreign visitors that are travelling
to the Representative Offices, Branches of foreign companies in Russia as well
as to Russian companies on a short-term business trips is the following:
1. Applying to State Registration Chamber (for Representative Offices and Branches)
or to PVU GUVD (Internal Affairs Department) of Moscow (for Companies)* for
obtaining
business
invitation (done
by a company that is inviting the foreign person).
2. Applying for business visa to the Russian embassy abroad (done by the person
who is being invited or a travel agency on his behalf)
3. Registration of business visa at PVU GUVD of Moscow upon arrival in Moscow (done
by the company that is inviting the foreign person)
* The company must be registered with PVU GUVD of Moscow
Case 1 Summary: Standard business visas provide a legal
way for a foreigner to visit Russia for a business trip without being employed
full
time
by an organisation
in Russia. It is also a common way of staying in Russia for a long period,
as standard tourist visas are valid for up to 1 month only.
Case 2:
Personal legalization of foreign employees working in Representative
Offices and Branches of foreign companies in Russia.
This
case shows a legally correct way for a foreigner to
be invited by a foreign company's representative office to work
in Russia. If a foreigner is going to work for a Russian company,
see Case 3 below.
Russian migration legislation stipulates a complicated procedure
of legalization of foreign citizens in Russia. Due to uncertainty
of Russian legislation many of foreigners are staying and working
in Russian federation without sufficient legal ground.
At the moment a mixed system of Representative Office and Branch
foreign employees legalization is in force in Russian Federation.
To work legally in Representative Office or Branch a foreigner
should obtain
(I) Accreditation card, “Foreign Representative
Office Employee” visa (“inosotrudnik” visa)
and
(II) Work permit. Below are stages of both procedures:
Procedure I: Accreditation Card
1. Obtaining an accreditation card at the authority that accredited
the Representative Office or registered the Branch
2. Applying for a 3-month single entry invitation to the authority
that accredited the Representative Office or registered the Branch
3. Obtaining a 3-month single entry “inosotrudnik” visa
in Russian embassy abroad
4. Obtaining a multiple entry 1-year “inosotrudnik” visa
and its registration
Procedure II: Work Permit
1. Representative Office or Branch obtains employment permit
2. Obtaining personal work permits for each foreign employees
The visa should be obtained only through the authority that accredited
the Representative Office or registered the Branch. It means
that the inviting party should be the accreditation authority,
not some Russian commercial organization. Foreign employees working
in Russia on a basis of a business visa break Russian legislation.
Sanction – penalty. Worst case scenario – deportation.
Total time needed for a foreigner to enter Russia and legally
work if both of the procedures go simultaneously (standard term) – 3
months.
Case 2 Summary: If a foreigner has intent to be employed
in Russia by a foreign company's representative office, it is
necessary to
go through two procedures: obtaining an accreditation card and
obtaining a work permit. This process is different from getting
a standard business visa and if a foreigner wishes to be employed
in Russia on a legal basis, he or she should work closely with
the employer through the different stages. Services of a professional
law company may be very helpful.
Case
3: Personal legalization of foreign employees
working in Russian
legal entities
This
case deals with the situtation when a foreigner has an intention
to be employed long-term by a Russian company.
A system of legalization of foreigner working in Russian legal
entity differs from the above-mentioned mixed procedure. To stay
and to work legally in Russia every foreign employee should obtain
a work visa, which is issued only on the basis of a work permit.
Work permit can be obtained only after the company has got an
employment permit.
Below is a step-by-step procedure (all steps are essential):
1. Company obtains employment permit in Federal Migration Service
(Obtaining of Employment permit (stages 1) and registration of
the company at PVU GUVD of Moscow (stage 3) can go simultaneously
if the director of the Company is a Russian citizen. If not,
the order is as stated above)
2. All foreign employees obtain work permits in Territorial Migration
Service
3. Registration of the company at Passport and Visa Department
of Moscow (if it is not registered yet)
4. Applying to PVU GUVD of Moscow for obtaining work invitation
5. Applying for 3-month single entry work visa to the Russian
embassy abroad
6. Obtaining a multiple entry work visa for a year and its registration
The company can invite foreigners on its behalf only if the company
is registered with Passport and Visa Department of Moscow. It
is absolutely essential that the Employer-Company named in the
work permit of the foreign citizen should be the inviting company
named in the visa.
Working in Russia on a basis of a business visa issued by some
Russian commercial organization that is not the Employer is a
breach of Russian legislation. Sanction – penalty. Worst
case scenario – deportation.
Total time needed for a foreigner to enter Russia and legally
work is 3.5-4 months (standard term) or 2.5-3 months (speed up
term). Provided that a company is already registered in PVU GUVD
of Moscow.
Case 3 Summary: Employment by a Russian
company is somewhat easier than by a foreign representative office.
However,
it requires certain
time-consuming steps on the part of the employer to be taken,
however only once (such as registration in PVU GUVD).
Questions still be be answered (Way to Russia team is
working on clarifying these questions with different law firms
to bring you the most accurate information):
1. What if a foreigner wants to
change the employer? Is it needed to obtain another
work permit only or it is needed to go through the whole procedure
of obtaining a Russian visa again (because the name of the company
is not the same)?
2. What about those individuals who would like to establish their
own private business in Russia or to be self employed? Is a business
visa enough or it is needed to register at PVU GUVD and obtain
both an employer's permit and a work permit?
3. Perhaps the process of obtaining accreditation and work permit
can be made easier if a foreigner obtains all the papers through
a staff leasing firm? In this case there won't be a need of obtaining
a new work permit in case the job is changed and it may lower
the taxes payable by employer.
VISTA
Foreign Business Support provides consulting, law, and accounting
services for organisations and individuals.
Phone: +7 095 933 7822, Fax: +7 095 933 7823
E-mail: info@vfbs.ru
Web: www.vfbs.ru
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