Question №1: Is the procedure for employing highly qualified specialists applicable to the representative offices of foreign legal entities?
Answer: The procedure for employing highly qualified specialists is not applicable to representative offices of foreign legal entities, including the representative offices of airlines, that are not required to obtain permits to employ and use foreign labor or work permits for foreign specialists within limits agreed when the representative office received accreditation from an authorized state agency of the Russian Federation, based on the principle of mutuality under international agreements of the Russian Federation, provided that such an exemption is envisaged by these agreements.
Question №2: A highly qualified specialist is a foreign citizen with a salary (remuneration) of at least two million rubles per year, among other provisions. Are bonuses included in the amount of remuneration?
Answer: The amount of salary is the main criterion of a highly qualified specialist, and it must be at least 2 million rubles before tax.
Under part one of Article 129 of the Russian Labor Code, salary (an employee's labor remuneration) represents remuneration for labor, depending on the employee's qualifications and the complexity, quantity, quality and conditions of work performed as well as compensation (additional payments and supplements, in particular for work in abnormal conditions, in special climatic conditions and in areas contaminated by radiation, and other compensation) and incentives (additional payments, supplements, bonuses and other incentive payments). Bonuses are also included in salary.
Question №3: Is it possible not to indicate the amount of salary in a contract (include it in an appendix) and, when submitting documents to the Federal Migration Service to employ a foreign citizen as a highly qualified specialist, to submit the main part of the contract (without the appendix) and a letter guaranteeing that this citizen's salary under the contract (specifying full name and contract details) will be at least 170,000 rubles per month?
Answer: Salary must be indicated in the text of an employment contract or civil law contract for work (services) and not in a guarantee letter or any other separate document. Salary may, however, be indicated in an appendix or addendum that constitutes an integral part of the contract.
Question №4: The Government of the Russian Federation is entitled to lower the salary requirement. What criteria and supporting documents may be used to reduce the amount of salary?
Answer: Under clause 1 of Article 132 of Federal Law No. 115-FZ of 25 July 2002 "On the Legal Status of Foreign Citizens in the Russian Federation" (hereinafter, the Federal Law), highly qualified specialists are foreign citizens that have work experience, skills or achievements in a certain sphere of activities if the terms of his employment in the Russian Federation presuppose a salary (remuneration) of two million rubles or more for a period of time not to exceed one year. Based on the Russian economy's development priorities, the Government of the Russian Federation may lower the requirement that such foreign citizens earn a salary (remuneration) of at least two million rubles for a period of no more than one year.
Under Russian law, the Government of the Russian Federation may lower the salary requirement by issuing an act of the Russian Government to that effect. Significant changes in the economy may serve as criteria for such a reduction. The salary requirements in clause 1 of Article 132 of Federal Law No. 115-FZ of 25 July 2002 "On the Legal Status of Foreign Citizens in the Russian Federation" are determined by the current economic situation. The requirements may be reconsidered and the law amended only in the event of significant changes in the economy or for certain categories of employee.
Question №5: Employers evaluate the competence and level of qualifications of foreign citizens and assume the related risks. The law provides a list of documents and data that are necessary for such an evaluation. How should the documents be prepared and certified? Must the entire list be used, or is it a matter of choice? What risks does an employer bear, and what is the employer's degree of responsibility?
Answer: Under the new rules, employers are given broad authority to independently evaluate the qualifications of specialists. Thus, the risks related to determining the level of qualification are now borne by the employer. The employer also bears risks in connection with failure to meet its obligations to pay the stipulated salary to a highly qualified specialist and provide such specialist with medical insurance under the employment contract.
Question №6: Is it necessary to provide a diploma of higher education in order to obtain a work permit for a highly qualified specialist? What document should be provided if such a diploma is unavailable?
Answer: Higher education is not an essential prerequisite for the status of highly qualified specialist. A diploma of higher education does not always guarantee that a specialist is highly qualified and is only one possible document. The documents and information provided to the Federal Migration Service must be checked and must verify that a specialist, in the employer's opinion, deserves a salary of 2 million rubles or more per year.
Question №7: Must the position of a highly qualified specialist, as indicated in the employment contract and application, correspond to the register of positions and professions?
Answer: The positions of highly qualified specialists are not required to correspond to the All-Russian Register of Positions and Professions. The register was approved in 1993 and does not fully meet the requirements of the current economic situation and business. Work to update the register will begin in the near future.
Question №8: In European companies, the positions of medium- and high-level managers are often designated as "partner" and "managing partner". The FMS of Russia requires that these terms be replaced with equivalents traditional to Russian business. These job titles, however, are mentioned in all of the companies' internal documents, and their replacement will cause significant problems with document flow, etc. How can this issue be resolved?
Answer: In applications and employment contracts submitted to the FMS of Russia for a work permit, it is recommended that a specialist's functions and areas of activity (e.g., head of department, etc.) be indicated in parentheses next to the job title "Partner"/"Managing Partner".
Question №9: What form should be used for a written proposal to enter the Russian Federation for negotiations?
Answer: The form of this document is currently under development. A related regulatory act will soon be approved and published.
Question №10: The procedure for obtaining and extending a work permit for a highly qualified specialist, the form of such permits, etc., are established by the federal executive body responsible for migration. The procedure has not yet been approved, and samples are not available for all of the documents.
Answer: This is not the case. In brief, the procedure for employing highly qualified specialists involves submitting an application along with the documents indicated in clause 6 of Article 13.2 of the Federal Law, a receipt for state duty in the amount of 2,000 rubles and 2 color photos (3.5 x 4.5 cm against a white background). The documents are to be submitted in Moscow to the Center for Citizens' Inquiries on Passport and Visa Matters of the FMS of Russia, located at: Verkhnyaya Radischevskaya St., 4, Bldg. 1B.
Question №11: Is it possible to submit documents for a work permit and an invitation for a visa for a highly qualified specialist at the same time?
Answer: The documents stipulated in clauses 6.1-6.4 of Article 132 of the Federal Law must be submitted by the employer to the FMS of Russia to obtain both a work permit for a highly qualified specialist as well as an invitation to enter the Russian Federation for labor activities.
Question №12: Must a highly qualified specialist receive a work permit in person?
Answer: Under clause 15 of Article 132 of the Federal Law, a work permit is issued to a highly qualified specialist upon presentation of an identity document that is recognized as such in the Russian Federation. It may thus be concluded that a work permit is issued in person to a highly qualified specialist.
Question №13: What is the procedure and time period involved in obtaining invitations for family members?
Answer: The documents for visas for a highly qualified specialist and members of his family are submitted at the same time, and the time period involved in obtaining invitations for family members is the same as that for highly qualified specialists.
Question №14: How should one treat foreign citizens that bring highly qualified specialists as household servants?
Answer: A foreign national may invite servants during his stay in Russia only by means of guest visas and only if he is a permanent resident of Russia (i.e., has a residence permit). He may also invite citizens of countries that have visa-free arrangements with the Russian Federation. There is no special procedure for foreign citizens who invite household servants. Servants may not be treated as family members, and the procedure for their entry into Russia is different.
Question №15: Why must an application indicate the organization that renders employment and recruitment services?
Answer: It is recommended that this blank be filled in so that migration services can request that recruiting companies provide recommendations and additional information on foreign specialists.
Question №16: Where should one obtain a work permit for a highly qualified specialist who is to perform labor activities in several constituent entities of the Russian Federation?
Answer: For the time being, work permits for highly qualified specialists are issued by the FMS of Russia in Moscow, though it is possible to obtain work permits for highly qualified specialists from regional bodies of the FMS of Russia. As the majority of foreign and large companies have offices in Moscow, documents are submitted centrally via the center on Verkhnyaya Radischevskaya Street. Work permits for highly qualified specialists that are valid in several constituent entities are issued only in Moscow, by the department on Verkhnyaya Radischevskaya Street.
Question №17: Is it necessary to conclude a new employment contract with a highly qualified specialist in order to comply with the new procedure when applying for a work permit?
Answer: An employer does not have to conclude new contracts with foreign employees when applying for work permits if the current contracts already comply with the requirements as to the level of compensation, medical insurance, etc. Provisions that are lacking can be added by concluding an addendum to the employment contract.
Question №18: May an employment contract with a foreign citizen employed as a highly qualified specialist be concluded for more than 3 years?
Answer: Although work permits are limited to three years, an employment contract may be concluded for more than three years or be open-ended.
Question №19: May officials of the Federal Migration Service's Document Receipt Center require that the original contract with a foreign citizen be submitted as well? If not, is it possible to submit a copy and inform officials that the original contract can be submitted if necessary ?
Answer: Clause 6.2 of Article 132 of the Federal Law stipulates that one of the documents to be submitted by an employer when applying for a work permit for a highly qualified specialist is an employment contract with such specialist. Officials should not keep the original copy of an employment contract when documents are submitted for a work permit. The employer's representative must present the original and a copy of the contract. It is recommended that the copy be signed and certified with the seal of the company's human resources department. After the original and copy are compared, the former is returned to the employer's representative.
Question №20: If an employment contract with a highly qualified specialist is terminated early for objective reasons (personal circumstances of the employee, early termination of the project, employment of a foreigner in the head office, etc.), how should the employer verify that he has met all obligations with respect to payment of salary in accordance with the established requirements?
Answer: If a contract is terminated early, the employer must inform the FMS of Russia of its reasons and submit documents verifying payment of salary for the period worked.
It is worth noting that, under clause 13 of Article 132 of the Federal Law, employers must inform the FMS of Russia on a quarterly basis of its fulfillment of obligations to pay salary (remuneration) to highly qualified specialists as well as of cases in which employment contracts with highly qualified specialists are terminated or unpaid vacations are provided for a period of more than one calendar month during the year.
Question №21: Must the planned date of entry into Russia in an application to employ a highly qualified specialist correspond to the date on which such specialist is to begin work under the employment contract? If the date in the employment contract corresponds to the actual date on which a highly qualified specialist is to begin work and the specialist needs to enter Russia before this time for personal reasons, how may an invitation be obtained to enter the Russian Federation before the date of the work permit?
Answer: In this case, the employer may additionally indicate the date of actual entry into the Russian Federation on the back of the application. This note should be signed by an authorized person and certified with the company's seal.
Question №22: Decree No. 167 of the Government of the Russian Federation of 24 March 2003 "On the Procedure for Guarantees of Material, Medical and Accommodation Support for Foreign Citizens and Stateless Persons during their Stay in the Russian Federation" does not indicate whether such guarantees should be stipulated in employment contracts.
Answer: The receiving party's guarantees of material, medical and accommodation support for foreign citizens under Decree No. 167 of the Government of the Russian Federation of 24 March 2003 must be submitted to the FMS of Russia as a separate document.
Question №23: Are there still restrictions on the length of business trips taken by highly qualified specialists to regions of the Russian Federation not indicated in their work permits?
Answer: Under Order No. 564n of the Ministry of Health and Social Development of the Russian Federation of 28 July 2010, a foreign specialist on a business trip may remain outside the constituent entity (entities) of the Russian Federation where he was issued a work permit no more than 30 consecutive calendar days per year during the term of his work permit. There is no limit to the overall duration of a foreign citizen's labor activities outside the constituent entity (entities) where he was issued a work permit if the specialist's permanent work is performed while traveling or involves travel by its nature, as stipulated in his employment contract.
Nevertheless, it is recommended that employees request work permits for several regions at the same time in order to avoid potential problems with migration requirements.
Clause 12 of Article 132 of the Federal Law also stipulates that if an employment contract or civil law contract for work (services) envisages labor activities by a highly qualified specialist in two or more constituent entities of the Russian Federation, such highly qualified specialist should be issued a work permit valid in these constituent entities.
Question №24: What should the employer do in the event of annulment of Decrees of the Government of the Russian Federation No. 183 "On the Approval of the Rules for the Submission by the Employer or the Customer of Work (Services) of a Notification of Engagement and Use in Labor Activities of Foreign Citizens and/or Stateless Persons Who Came to the Russian Federation in Accordance with a Visa-free Procedure and Have a Work Permit" and No. 681 "On the Procedure for Issuing Permits for Temporary Labor Activities by foreign Citizens in the Russian Federation"?
Answer: Due to the annulment of Decree No. 183 of the Government of the Russian Federation "On the Approval of the Rules for the Submission by the Employer or the Customer of Work (Services) of a Notification of Engagement and Use in Labor Activities of Foreign Citizens and/or Stateless Persons Who Came to the Russian Federation in Accordance with a Visa-free Procedure and Have a Work Permit", the form, procedure and time limits of the notifications of the conclusion and termination of employment agreements or civil-law contracts with foreign citizens, the provision of unpaid vacations to them as well as of the fulfillment of obligations by the employers concerning the payment of remuneration are approved by Order No. 147 of the Federal Migration Service of Russia of 28 June 2010 "On the Forms and Procedure of Notification by the Federal Migration Service of Engagement in Labor Activities by Foreign Citizens on the Territory of the Russian Federation".
Question №25: Has the form of quarterly reporting on the calculated personal income tax been already worked out?
Answer: The form of quarterly reporting on the paid amounts of personal income tax in relation to highly qualified specialists is currently being worked out. All the issues related to tax reporting should be addressed to the taxation services.
Question №26: Are amendments planned to be made in the rules of migration registration of foreign citizens, in particular, in relation to highly qualified specialists?
Answer: The possibilities of simplifying migration registration rules are now being studied.
The federal law presupposes preferences related to the migration deregistration of foreign citizens if they change their location within the Russian Federation.
Currently, a foreign citizen registered at his/her location does not return to the host party the rip-off part of the arrival notice when departing to another location within the Russian Federation.
When a foreign citizen arrives at the new location within the Russian Federation, the rip-off part of the arrival notice shall be given to the host party at the new location so as to be submitted to the territorial body of the FMS of Russia at the new location together with other documents needed for a foreign citizen's migration registration.
If a foreign citizen goes himself/herself to the territorial body of the FMS of Russia at the new location, he/she shall submit the rip-off part of the arrival notice together with the new completed arrival notice and other necessary documents.
The rip-off part of the form of notification on arrival that is submitted to the territorial body of the FMS of Russia is to be sent to the territorial body of the FMS of Russia for the previous place of location for migration deregistration of the citizen after this foreign citizen is registered at the new place of location.
A foreign citizen should be deregistered at the previous location after receipt of the rip-off part of the arrival notice, given to him/her earlier, from the territorial body of the FMS of Russia at the foreign citizen's new location.
Question №27: Is it reasonable for officials of the territorial departments of the FMS of Russia to demand that a foreign citizen should himself/herself send the rip-off part of the arrival notice via fax for migration deregistration when going from one constituency of the Russian Federation to another?
Answer: Such demands are unreasonable.
Question №28: What violations related to the engagement of highly qualified specialists can result in a two-year prohibition for the employer to engage highly qualified specialists?
Answer: Clause 26 of Article 132 of the Federal Law stipulates that the employer who is at fault in failing to honor its obligations to a highly qualified specialist which are set out in that Federal Law as well as the commitments contained in the employment agreement entered into with the highly qualified specialist shall be entitled to engage new highly qualified specialists no sooner than two years from the day when the relevant circumstances had become known to the federal executive body of the migration service.
For such punishment, the migration bodies take account of two main violations: payment of remuneration less than the amount set, and failure to provide medical insurance for a highly qualified specialist and the members of his/her family.
Besides, subsection 2 of Clause 5 of the above Article prohibits the engagement of highly qualified foreign specialists by the employers who within two years prior to the date of submission an application for the engagement of a highly qualified specialist were subjected to an administrative punishment for illegally employing foreign citizens or stateless persons in the Russian Federation, as well as by the employers who at the time of submission of such an application faced non-executed resolutions on administrative punishment for committing the above administrative violations.
Question №29: Can a foreign citizen with a residence permit change his employer or get a second job at his own discretion?
Answer: The Federal Law does not annul a residence permit in the event of an early termination of an employment contract and the expiration of term stipulated by Article 132.
Moreover, clause 11 of above-mentioned Article 132 stipulates that, within 30 workdays from the time of an early termination of an employment contract, a highly qualified specialist is entitled to look for a new employer, and if the foreign citizen does not conclude a new employment contract during that time, he/she is to depart from the Russian Federation within 30 workdays. Thus, the residence permit is deemed to be effective for 60 workdays.
A residence permit shall be given to a foreign citizen for the term of validity of his/her employment contract, but for no longer than the validity term of the foreign citizen's passport.
If a company is considering the possibility of concluding an employment contract with a foreign citizen who has a residence permit, it should verify the validity of the documents that are provided by the foreign citizen to avoid violating the migration laws.
Question №30: What should be indicated in the "position" cell in the application for a highly qualified specialist if a work permit is officially issued on the basis of a civil-law contract?? In this case, what position will be indicated in the work permit for a highly qualified specialist?
Answer: It is recommended to indicate an equivalent of the position that corresponds to the functions to be performed under the contract.
Question №31: Can a work permit for a highly qualified specialist be officially issued for 1, 2 or 3 years to a foreign employee who is already in Russia on a work visa? Can the validity of a work visa with regard to the new work permit be prolonged for a term of 1, 2 or 3 years, or will it be necessary to issue a new invitation involving a work visa with the foreign employee's obligatory departure from the country?
Answer: In the instances stipulated by law, a foreign employee who stays in the Russian Federation on a work visa can be granted a work permit (of a highly qualified specialist) for a period of more than one year. A valid work visa can be prolonged for more than one year without the foreign citizen having to leave Russia.
Question №32: A work permit for a highly qualified specialist can be granted for up to three years. However, according to the administrative regulations of the Foreign Affairs Ministry of Russia and the FMS of Russia, work visas can be issued only for 3 months or 1 year. Will the alterations be entered in the administrative regulations in order to allow highly qualified specialists to be granted work visas for the term of validity of the work permit?
Answer: The alterations are currently being entered in the administrative regulations concerning the provision of public services by the FMS of Russia.
Question №33: Pursuant to clause 27 of Article 132 of the Federal Law, a highly qualified specialist can be granted a residence permit for the term of validity of his/her employment contract. In accordance with the Administrative Regulations of the FMS of Russia, the decision to issue a residence permit is made within 6 months. This is too long, because highly qualified specialists need to start their work as soon as possible in the Russian Federation. Will the period of making decisions to grant a residence permit be shortened?
Answer: A highly qualified specialist need not have a residence permit when he/she starts work in the Russian Federation. He/she can start work on the basis of an employment contract and a work permit. It is intended to reduce the term of consideration of an application for a residence permit of a highly qualified specialist and the members of his/her family to 3 months. The relevant alterations shall be entered in the Administrative Regulations for the provision of public services by the Federal Migration Service related to the granting of residence permits to foreign citizens and stateless persons.
Question №34: Should a voluntary medical insurance policy be officially drawn up by a Russian insurance company? Will it be enough to provide a corporate international insurance policy that a foreign citizen and his/her family already have, or will it still be necessary to additionally conclude a contract on behalf of the employer with a Russian or foreign insurance company directly in Russia and draw up another policy? As a rule, all foreign employees already have a corporate international insurance policy. Is the employer obliged to conclude a contract of voluntary medical insurance not only for a highly qualified specialist, but also for members of his/her family in Russia? Or are the highly qualified specialist's family members to get insurance on their own upon entry into Russia?
Answer: Pursuant to clause 14 of Article 132 of the Federal Law, a highly qualified specialist and members of his/her family are to be insured under the contract of obligatory medical insurance upon their entry into the Russian Federation.
In accordance with the Statute on Medical Insurance of Foreign Citizens Temporarily Staying in the Russian Federation, approved by Decree No. 1488 of the Government of the Russian Federation of 11December 1998, Russian insurance organizations medically insure foreign citizens who are temporarily staying in the Russian Federation on the basis of a license issued by a federal executive body for oversight of insurance activities.
Medical aid to foreign citizens who are temporarily staying in the Russian Federation and who have been medically insured by a foreign insurance organization which signed a contract with a Russian insurance organization licensed to provide such insurance, or with a service organization ensuring medical aid, is organized and financed by a Russian insurance organization (service organization) to the extent not less than is presupposed by the above-mentioned Decree of the Government of the Russian Federation.
Question №35: Should additional documents (which, for instance, confirm payment of a salary in the stipulated amount) be provided when submitting quarterly reports on the payment of remuneration in the prescribed order and providing unpaid vacations and terminating employment contracts?
What are the time limits for notifying the FMS with regard to: the termination of employment contracts (civil-law contracts for the performance of work and the provision of services) with a highly qualified specialist; provision of unpaid vacations for more than one calendar month during the year; fulfillment of obligations to pay remuneration to a highly qualified specialist (clause 13 of Article 132 of the Federal Law stipulates that notification is quarterly, but does not specify the day of the month after the reporting month until which the employer must provide notification of the payments made to a highly qualified specialist).
Answer: The form, procedure and time limits of the notification of the conclusion and termination of employment contracts or civil law contracts with foreign citizens, the provision of unpaid vacations to them as well as the fulfillment of the employer's obligations to pay remuneration are determined by Order No. 147 of the FMS of Russia of 28 June 2010 "On the Form and Procedure of Notifying the Federal Migration Service of Labor Activities by Foreign Citizens on the Territory of the Russian Federation".
Question №36: Does the FMS of Russia intend to install state duty terminals in its offices?
Answer: The installation of terminals is not planned for the time being because, in accordance with the General Permit for opening accounts for recording the resources received from entrepreneurial and other income-bearing activities, the FMS of Russia has no source for forming budgetary funds from rental payment and the payment for housing utilities during the operation of the terminals.
Question №37: Foreign employees of the representative offices of foreign airlines who provide technical support for flights on the runway-related area need a pass for that area which is signed (or approved), in particular, by a subdivision of the FMS of Russia on the territory of any airport , provided that there is a permit for work in the relevant constituency. In view of the latest legislative changes, will the requirement to present work permits in order to receive passes for runway-related areas be canceled, as the employees in question already have personal accreditation cards issued by the Ministry of Transport? If so, when will that happen?
Answer: Foreign citizens who are employees of the representative offices, duly accredited on the territory of the Russian Federation, of foreign legal entities which are registered in the Russian Federation according to the legislatively established procedure are entitled, with regard to the staff size agreed on when the relevant representative offices were accredited by the authorized accrediting body, to engage in labor activities without a work permit on the basis of the principle of reciprocity in compliance with the international treaties of the Russian Federation, given that such international treaties contain provisions on the exemption of the need to receive work permits.
Question №38: If a foreign employee changes one legal entity for another, and in the latter he/she is employed as a highly qualified specialist, is it necessary for him/her to leave the country to get a visa of a highly qualified specialist, or can the valid visa granted by the previous employer be prolonged?
Answer: Clause 11 of Article 132 of the Federal law stipulates that within 30 workdays following the date of early termination of an employment contract or a civil-law contract for the performance of work (provision of services), a highly qualified specialist is entitled to look for another employer or customer of work (services) and has the right to get a new work permit according to the procedure and on the terms stipulated by the Article. Within the above period of time, the work permit granted to a highly qualified specialist as well as his/her visa and the residence permit granted to that highly qualified specialist and the members of his/her family are considered to be valid.
Consequently, if a foreign employee changes one legal entity for another, there is no need for him/her to leave the country to get a work visa in order to be employed as a highly qualified specialist.
Question №39: If a company changes its legal address or office location, for instance, from Moscow to Moscow Region, what is the procedure for reissuing work permits for highly qualified foreign specialists?
Answer: In that case, it is necessary to request the territorial body of the FMS of Russia to introduce alterations into the data contained in the work permit.
Question №40: A foreigner who is in the category of a highly qualified specialist already has a visa of a foreign employee for work in a subsidiary of a foreign company. Can this visa be exchanged for a three-year visa of a highly qualified specialist during the submission of documents to the FMS of Russia together with the documents for a work permit? Is it necessary to leave the country in such a case?
Answer: A highly qualified specialist can submit the documents stipulated by law for a visa when submitting the documents for a work permit to the FMS of Russia without having to leave the country.
Question №41: For unified approaches to the procedures of receiving documents for a highly qualified specialist, we ask you to announce the date of entry into force of the administrative regulations for officially issuing work permits, invitations and visas for highly qualified specialists with an indication of the unified requirements for applications and related documents.
Answer: A definite date of entry into force of the Administrative Regulations of the FMS of Russia concerning the provision of the public service of granting work permits, invitations and visas for highly qualified specialists cannot be announced, because the reviewed regulations are now being agreed on.
Question №42: In order to inform the business community in the regions of the Russian Federation, could you find the time for explanatory work with the territorial bodies of the FMS of Russia concerning the favorable conditions for engaging a highly qualified specialist, because the Administration of the FMS in several constituencies of the Russian Federation currently does not have the necessary information on hiring a highly qualified specialist.
Answer: In order to inform the territorial bodies of the FMS of Russia on the favorable conditions of engaging highly qualified specialists, several courses were held in the form of video conferences with the heads of the territorial bodies of the FMS of Russia that are located in the center of the federal districts. The agenda of these courses included issues relating to the entry into force of Federal Law No. 86-FZ of 19 May 2010 "On the Introduction of Amendments to the Federal law 'On the Legal Status of Foreign Citizens in the Russian Federation' and Certain Legal Acts of the Russian Federation" and the practical implementation of its norms. The activity of the territorial bodies of the FMS of Russia concerning this issue was analyzed.
Question №43: Could you place on the official website of the FMS of Russia a sample of the receipt confirming payment of state duty for the official issuance of a work permit for a highly qualified specialist, invitations for entry into the Russian Federation as well as the prolongation of work visas for highly qualified specialists?
Answer: In accordance with sub-clause 1 of Article 333.28 of the Tax Code of the Russian Federation, state duty is charged for granting a work permit to a foreign citizen or a stateless person in the amount of 2,000 rubles without the specialist's qualifications.
Therefore, it is unreasonable to place a sample of the receipt confirming payment of state duty for the official issuance of a work permit to highly qualified specialist on the official site of the FMS of Russia, because the receipt is completed in the same way for a highly qualified specialist as for other engaged specialists.
The details for completing the payment document are to be clarified at the territorial body of the FMS of Russia at the place of issuance of the work permit.
Question №44: Since the application for engaging a highly qualified specialist has no text fields for the information needed to officially issue an invitation to enter the Russian Federation (address of the place of work of the highly qualified specialist abroad, name of the employer abroad, position of the highly qualified specialist abroad, data on the Russian Consulate abroad where the highly qualified specialist is to receive a multiple work visa, etc.), we ask you to consider the possibility of entering the relevant alterations into the form of the Application or to enable the employer to submit the above or other additional information in the cover note to the Application.
Answer: The form of the application filed by the employer or the customer of work (services) concerning the engagement of a highly qualified foreign specialist includes information on the previous employer in the section "Information for assessing the competence and level of qualification of the highly qualified foreign specialist being invited".
Question №45: Can you envisage the submission of an official confirmation of the Federal Migration Service to the employer's authorized representative who files an application for engaging a highly qualified specialist after taking into consideration the relevant forms and supporting documents (e.g. a certificate of receipt of documents or the affixation of a seal of the FMS of Russia on the copy of the application)?
Answer: An official confirmation of the receipt of documents for consideration with a view to issuing a work permit to a highly qualified specialist with the aid of the seal of the FMS of Russia is currently envisaged.
