Changes to the immigration legislation. July 24, 2008 the Decree dated January 11, 2008 ?On approval of administrative regulation of public service procedure for issue of Resolution for employment of foreign nationals, issue of the Employment permit as well for issue of work permits for foreign nationals and stateless persons? (hereinafter referred to as ?Administrative regulations?) came into force.

General Provisions

Administrative regulations define the terms and actions (administrative procedures) of the Federal Migration Service (hereinafter referred to as FMS) and its territorial divisions, state employment services of the regions of the Russian Federation, as well as their interaction within the process of issue of Resolution for employment of foreign nationals, issue of the Employment permit as well of Work permits issue for foreign nationals and stateless persons. The state authorities responsible for control and charge for provision of the public service are the Federal Labour and Employment Service and FMS. This list is limited and other authorities and organizations have no right to render the public service. Officials of those state authorities that render the public service have personal responsibility for execution of administrative procedures and observance of terms stipulated by the Administrative regulations. Administrative regulations stipulate that written applications are to be reviewed by state authorities responsible for provision of the public service within 14 working days taking into account the time requested for preparation of the answer to the applicant. Information by e-mail is provided in the mode of FAQ within 5 working days since the question is posted.

Application procedure

Administrative regulations have changed the application procedure and the terms of the process. In accordance with the Regulations, the procedure will be the following:

1. Employer has to submit to the Local labor department information about vacancies that they have.
2. After 30 calendar days Employer can apply to FMS with application and other documents for obtaining of Employment and work permit for foreign nationals.
3. FMS official should on the next day (provided the paperwork is in order) send a request to the Labor Department to issue consent for a particular Employer to employ foreign nationals.
4. Labor Department should reply within 10 working days either with a consent or motivated refusal.
5. Once the consent is received by FMS they should issue the Employment and work permit. FMS should issue Employment and work permit within 28 calendar days from day of accepting request from the Employer.

The Regulations stipulate the basis for processing of the Resolution on inexpedience of employment of foreign nationals, as well as the basis for refusal in processing of Employment permits and Work permits. The Regulations provide the reasons for Employment permits and Work permits to be cancelled.

Reasons for refusal in issue of the Employment permit

Administrative Regulations have stipulated and extended the reasons for refusal in employment of foreign nationals in the Russian Federation.

1. The Resolution of employment of foreign nationals containing the Decision on inexpedience of employment of foreign nationals for correspondent professions, positions is issued by the State Employment services of the Russian Federation regions with consideration for the method of efficiency assessment of foreign nationals employment in the following cases:
   1. Lack of the information on the Employer?s necessity in employees for substitution of vacant positions in the register of public service recipients in the area of population employment.
   2. If the term of submission of the information on the Employer?s necessity in employees for substitution of vacant positions has been submitted to the State Employment service less than one calendar month as on the date of FMS or its territorial division request to receive the Resolution on employment of foreign nationals.
   3. Availability of Russian nationals possessing the required professional qualification and registered in the State Employment centers for the purpose of search for a suitable job (unemployed citizens).
   4. The Employer?s refusal to hire Russian nationals possessing the required professional qualification, including Russian nationals residing in another region.
   5. The Employer?s refusal to hire Russian nationals possessing the required professional qualification and residing in regions (municipal districts, towns) where the amount of unemployed citizens is much higher than the vacant positions.
   6. Lack of the information on job positions for which the Employer has submitted the Request on necessity in the labour force to substitute vacant positions by foreign nationals for the current year in the register of public service recipients in the area of population employment.
2. The reasons for refusal in issue of the Employment permit by FMS or its territorial divisions are:
   1. The Resolution on employment of foreign nationals issued by the State Employment service of the region of the Russian Federation containing the Decision on inexpedience of employment of foreign nationals for correspondent professions, positions.
   2. The information on results of the investigations carried out by Government executive bodies authorized to execute supervision and control functions on the Employer that have revealed the facts of violation of the guarantees of material, medical and housing support of foreign nationals.
   3. Possibilities to satisfy labour requirements by means of regional labour force including job training and retraining of unemployed citizens, employment of Russian nationals from other regions of the Russian Federation.
   4. In case if the Employer intending to hire foreign nationals has the unresolved violation of the order of employment of foreign nationals occurred with quota processing within the past or current year.
   5. In case if the Employer intending to hire foreign nationals has the outstanding debt in salary payment for the period exceeding 3 months, as well as any unresolved violation of Labour legislation detected by the State Labour Inspection within the past or current year.
   6. Lack of possibility to secure the housing for foreign nationals in the regions where the employment of foreign nationals is intended.
3. The reasons for refusal in issue of the Work permit for foreign nationals by FMS or its territorial divisions are:
   1. In case if a foreign national arriving in Russia, including foreign nationals arriving without visas:
      • publicly advocates the violent overthrow of the government or constitution of the Russian Federation or threatens security of the Russian Federation or its citizens;
      • finances, plans, supports or assists in the commission of terrorist acts;
      • has been the subject of an administrative action that lead to his or her departure or deportation from the Russian Federation within previous five years;
      • has presented false documentation or false or misleading information;
      • has been convicted of a serious or violent crime or for the repetition of crime that is considered serious;
      • has unexpunged conviction for a serious or violent crime in the Russian Federation or abroad;
      • has committed two or more violations of Russian immigration legislation;
      • has left the Russian Federation to establish a permanent residence in a foreign state;
      • has been outside the Russian Federation for more than six months;
      • is drug-addicted or has failed to provided the HIV Certificate or has any of the inflectional diseases that pose a hazard to others. The list of such diseases and the way for approval of its presence or absence is stipulated by the Government of the Russian Federation.
   2. In case if a foreign national is younger than 18 years old.
   3. Employment of greater amount of foreign nationals than it is stipulated in the Employment permit.

Reasons for suspension of the Employment permit that has been issued and cancelation of the Work permit.

FMS can suspend the Employment permit in case of violation of Russian immigration legislation by the Employer till elimination of these violations within the established term.

FMS can suspend the Employment permit in case if the Employer:

1. Has failed to receive the work permit for a foreign national.
2. Has failed to notify the territorial authority of FMS on the place of foreign national?s stay within 3 working days.
3. Has failed to notify the tax authority on the place of stay or work, or on the receipt of the Work permit, or on singing of a new labour / civil law contract or cancelation of the Work permit within 10 working days.
4. Has failed to send the information to the territorial authority of FMS on the violation of a foreign employee of the terms and conditions of the labour or civil law contract as well as on the early termination of the contract within 3 working days.
5. Has failed to notify the territorial authority of FMS and territorial authority of the federal executive body authorized for security issues on unauthorized leaving of a foreign national from the place of work or place of stay within 3 working days.
6. Has failed to secure the guarantees of material, medical and housing support of a foreign national.

Suspension of the issued Employment permit is processed pursuant to the decision of FMS or its territorial authority.

Issued Work permit is to be cancelled by FMS or its territorial authority in case if a foreign national:

1. Publicly advocates the violent overthrow of the government or constitution of the Russian Federation or threatens security of the Russian Federation or its citizens.
2. Finances, plans, supports or assists in the commission of terrorist acts.
3. Has been the subject of an administrative action that lead to his or her departure or deportation from the Russian Federation within previous five years.
4. Has presented false documentation or false or misleading information.
5. Has been convicted of a serious or violent crime or for the repetition of crime that is considered serious.
6. Has unexpunged conviction for a serious or violent crime in the Russian Federation or abroad.
7. Has committed two or more violations of Russian immigration legislation.
8. Has left the Russian Federation to establish a permanent residence in a foreign state.
9. Has been outside the Russian Federation for more than six months.
10. Is drug-addicted or has failed to provided the HIV Certificate or has any of the inflectional diseases that pose a hazard to others. The list of such diseases and the way for approval of its presence or absence is stipulated by the Government of the Russian Federation.

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Best regards,

VISTA Foreign Business Support.