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Innovations in the migration and labor legislation in 2015

Dear Sirs,

 

“Baeff Business Consult” hereby informs you about the changes in the field of migration and labor legislation, coming into force in 2015.

 

1.        In accordance with the Federal law No. 74-FZ “On introduction of amendments to the Federal law “Concerning the Legal Status of Foreign Citizens in the Russian Federation”” from 2015 all foreign citizens, drawing up for themselves a continuous residence permit within the territory of RF, temporary residence permit, work permit or license must confirm their knowledge of Russian language, knowledge of Russian history and fundamentals of legislation of the Russian Federation by means of one of the following documents:

 

 

1) Certificate of knowledge of Russian language, knowledge of Russian history and fundamentals of legislation of the Russian Federation;

2) state recognized document of education (at a level not lower than basic general education), issued by an educational institution within the territory of state, which was a part of the USSR before September 1, 1991;

3) document confirming education and (or) qualification, issued to persons, who successfully passed state final examination within the territory of the Russian Federation after September 1, 1991.

 

The following persons are exempt from confirmation of knowledge of Russian language, knowledge of Russian history and fundamentals of legislation of the Russian Federation when applying for temporary residence permit or continuous residence permit:

 

 

1) legally incompetent foreign citizens or foreign citizens, limited in legal capacity;

2) foreign citizens under 18 years of age;

3) male foreign citizens who have reached the age of sixty five years;

4) female foreign citizens who have reached the age of sixty years;

5) foreign citizens who are participating in the State program related to assistance to voluntary migration to the Russian Federation of fellow nationals living abroad and their family members, moving together with them to the Russian Federation;

6) foreign citizens - highly qualified specialists and their family members, who made an application for a continuous residence permit

 

Highly qualified specialists performing labor activities in a manner established by article 13.2 of the Federal law “Concerning the Legal Status of Foreign Citizens in the Russian Federation”, foreign citizens – journalists, performing labor activities in organizations, engaged in manufacturing and issuing of mass media, established specifically for distribution of mass media in foreign languages, and foreign citizens, studying in the Russian Federation at professional educational institutions or educational organizations of higher education on full-time basis in accordance with main professional educational programs are exempt from confirmation of knowledge of Russian language, knowledge of Russian history and fundamentals of legislation of the Russian Federation when applying for work permit.

 

 

 

2.     In accordance with the Federal law No. 357-FZ “On introduction of amendments to the Federal law “Concerning the Legal Status of Foreign Citizens in the Russian Federation”” Employers or contractors ordering works (services) which are legal entities or individual entrepreneurs or private notaries, lawyers, who established a legal office, or other persons, whose professional activity in accordance with the federal laws is subject to state registration and (or) licensing, may engage for work activities foreign citizens legally residing within the territory of the Russian Federation, who arrived to the Russian Federation in a manner, not requiring obtainment of visa, and who are over 18 years old, if every such foreign citizen possesses a license. In this manner, from 2015 previously approved procedure of official employment of foreign citizens, residing within the territory of the Russian Federation without visa is abrogated. One of the key points of this change is that this category of foreign citizens will be obliged to pay to the state budget a fixed tax on income of physical persons, which equals to 4000 rubles per month.

 

   Besides, the manner and period of filing of notifications by the Employers on execution/termination of employment agreements with foreign citizens are changed. In accordance with the changes, Employer or contractor ordering works (services), engaging and using a foreign citizen for performance of labor activities, must notify the territorial body of the federal body of executive power in the field of migration in the subject of the Russian Federation, within the territory of which such foreign citizen is performing labor activities, on execution and termination (cancellation) of employment agreement or civil law contract with such foreign citizen for performance of works (provision of services) within period, not longer than three business days from the date of execution or termination (cancellation) of the corresponding contract.

 

 

3.     In accordance with the Federal law No. 409-FZ, introducing changes to the rules, related to regulation of labor of workers, who are foreign citizens or stateless persons, when drawing up employment agreements with such categories of workers it will be obligatory to specify the following additional details:  

 

 

Work permit or license;

 

Temporary residence permit in the Russian Federation;

 

Continuous residence permit in the Russian Federation;

 

      Along with conditions envisaged by the second part of article 57 of the Labor Code of the Russian Federation an employment agreement with a worker, who is a temporary residing in the Russian Federation foreign citizen or a stateless person, must contain a condition on specification of grounds for delivery of health care to such worker during the period of validity of employment agreement, including details of voluntary medical insurance contract (policy) or contract for provision of paid medical services to such worker concluded between the employer and a medical organization.

 

 

4.     In accordance with the Federal law No. 221-FZ, from January 1, 2015 size of state fees, collected for drawing up of migration documents, will be increased:

 

Type of state service / state fee for its provision

Before December 31, 2014 /rub.

After January 1, 2015 / rub.

Permit for engagement and usage of foreign workers

6 000

10 000

Work permit for foreign citizen

2 000

3 500

Invitation to enter the Russian Federation for foreign citizens

500

800

Issuing or prolongation of visa validity period for multiple crossing of state border of RF

1 000

1 600

For issuing to a foreign citizen a permit for temporary residence in RF

1 000

1 600

Issuing or prolongation of validity period of continuous residence permit to a foreign citizen

2 000

3 500

Registration of foreign citizen at the place of residence in RF

200

350

Refugee travel document or prolongation of validity period said document

200

350

Issuing or prolongation of visa validity period for exit from RF and subsequent entry into RF

600

1 000

Conferment of citizenship of RF, restoration of citizenship of RF, renunciation of citizenship of RF, definition of existence of RF citizenship

2 000

3 500

 

 

 

5.     In accordance with the Federal law No. 106-FZ “On introduction of amendments to individual legal acts of the Russian Federation”, from January 1, 2015 representatives of foreign legal entities, accredited in accordance with the legislation of the Russian Federation, will also be able to engage foreign citizens for works.

 

 

 

If you have any questions or if you require a more detailed explanation of any of the changes, please contact lawyers of “Baeff Business Consult”. We would be glad to answer any of your questions.

 

 

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