VISTA Foreign Business Support
 
 
VISTA Foreign Business Support NEWS. Legislative Updates.


What's

new?


Home News Legislative updates
Legislative Updates
Legislative Updates

Current status of Immigration legislation of the Russian Federation

Difficulties in the FMS Russia

Until recently the FMS Russia accepted documents for processing of Employment permit and Work permit simultaneously (through so-called ?one-window? system) as well as for consequent processing. However currently the FMS Russia accepts documents only from companies that are members of either American Chamber of Commerce or Association of European Business, provided that the Company is registered with the FMS Russia (and registration in the territorial authority of the FMS Russia ? Department of the Federal Migration Service for Moscow ? unfortunately, does not replace it). This requirement is mandatory for processing of both Employment permit and work permit in the FMS Russia.

Applying for Employment and Work permit an Employer is obliged to submit the documents for Invitation letter for a single work visa / for extension of multiple work visa (in case if a foreign national already stays in Russia on the base of the work visa). This condition causes some difficulties for processing of Employment permits and Work permits for foreign employees of Representative / Branch offices of foreign legal entities, since the visa support for them is carried out by the accredited authority (the State Registration Chamber, Chamber of Commerce, etc).

Therefore there are two possible ways to solve this issue: documents can be submitted to the Department of the Federal Migration Service of the Russian Federation (and simultaneous processing of Employment and Work permit is currently possible) or the company can be registered with the FMS Russia for further processing of documents. For the company?s registration a standard set of documents should be submitted. Both Russian legal entities and Representative / Branch offices are subject to registration. We draw your attention to the fact that the application for registration, in case with Representative / Branch office, should be signed by the Head of a foreign legal entity.

Difficulties in the Department of the State Employment Centre for Moscow

We would also like to inform you that the number of official refusals in processing of Employment permit has increased lately. The main reason for refusal in processing of Employment permit is Conclusion on inexpediency of foreign nationals engagement issued by the Department of the State Employment Centre for Moscow on the base of ?Absence in the register of state service recipients in the employment sector of information on work places for which an Employer has submitted the application on the need in work force for turnover rate by foreign employees for the current year?, in other words failure to submit the application or late submission of the application for the year 2008 to the Interregional Information-Business Centre.

As we have found out from our communication with the Deputy Director of the Department of the State Employment centre for Moscow, Employer?s submission of the application for quota (even if is done in time) does not guarantee successful processing of documents.

All applications taken into account for the year 2008 are reflected in the Order of the Federal service of labour and employment #148 dated August 1, 2008 ?On amending the Order of Rostrud dated March 24, 2008 #61 ?On approval of updated data on work places where foreign nationals are to be engaged in the year 2008? (for details you can see http://www.rostrud.info/pravo/prikaz/). Upon review of the Attachment to the Order containing the list of all applications taken into account we have come to know that some of the applications that had been submitted, were not taken into account. Based on the information provided by the Federal service of labour and employment, the possible reasons for incomplete information on applications in the above mentioned Attachment are:

a) The application was submitted after May 1, 2008

b) The application was submitted before August 1, 2008 however the Committee took the decision on inexpediency on engagement of foreign nationals for stated positions

c) Clerical error in processing of the application. We have faced the situation, when the application had been submitted for ?Financial Director? however in the system it was reflected as ?Chief librarian?. Or the employer?s application contained the information on 7 (seven) positions of company?s director, however in the Attachment we see the position of General director for 7 persons.

d) Absence of requested position and requested number of foreign employees reflected in the Attachment to the Order # 148 dated August 1, 2008, that was originally indicated in the employer?s application.

In the midst of these negative changes, we have good news as well.

First of all, we are happy to announce that starting from October 31, 2008 foreign nationals from CIS countries (except for Georgia and Turkmenistan) are able to apply for Work permit.

Here it should be also added that currently the multiple work visas can be processed / extended in expedited term only in exceptional, urgent cases, when this urgency can be proved by tickets confirming the date / time of departure of a foreign national whose visa is to be processed.

We will keep you updated on the situation development and will let you know the possible ways to solve the existing problems.

Download file



See more:
- 2015: Changes to the immigration legislation
- 2015: STANDARD WORK PERMITS
- 2015: HIGHLY QUALIFIED SPECIALISTS UPDATE
- Starting 12 December 2014 new labour regulations for foreign workforce
- Dear All



  VFBS Inside  |  News  |  Areas of Practice  |  Clients Area  |  Startup  |  Business administration  |  Recruitment

  Copyright VFBS LLC © 1998-2020
All right reserved. Terms of conditions.

Developed & provided by
AMS Visual Consulting, JSC

hoster
Contact information:

VISTA Foreign Business Support
Taganskaya Str., 17-23,
MOSENKA PARK TOWERS,
Moscow, 109147, Russian Federation
  Tel +7 495 252 07 09
Fax +7 495 252 09 07
Home Search FeedBack Map