04.08.2005 - VFBS is pleased to inform you on introduction by the Federal Migration Service of Russia (further - "FMS") of new requirements concerning the order of processing and issue of individual Work permits for foreign workers.

The FMS, without the official prior notification, has established the new requirements applied to the set of documents, necessary for processing of individual Work permits for foreign workers, submitted to the FMS by the employers using labor of foreign workers. According to the newly established requirements, the employer, alongside with the set of the documents necessary for processing of individual Work permits for foreign workers (including the certificate on HIV test passing) is obliged to submit to the FMS the medical certificate on passing by the foreign worker of medical examination, which results confirm absence of such diseases, as leprosy (Hansen decease), tuberculosis, syphilis, chlamydia (venereal), chancres. The FMS, having established new requirements, nevertheless, has not defined the order of obtaining of such medical certificates.

The specifics of the situation is that the specified requirement were earlier contained in the statutory act regulating the order of processing and issue of individual Work permits for foreign workers (the Decree of the Government of the Russian Federation dated April 2, 2003 # 188 "On the list of the infectious diseases representing danger for surrounding and being basis for refusal in issue or cancellation of the Temporary residence permit to foreign citizens and persons without a citizenship, or Residence permit, or Work permit?). Nevertheless, the specified requirement was not applied to the purpose of processing of individual Work permits for foreign workers who are carrying out labor activity in Moscow, possibly, in connection with the fact that it was making the process substantially complicated and expensive. In some other regions of the Russian Federation (for example, in St.-Petersburg and Leningrad region) the specified requirement operates, and for processing of individual Work permits for foreign workers, employers are obliged to submit to the local Migration Services the medical certificates on absence of all specified above diseases at foreign workers.

Besides, we inform, that the Migration Service of the Central Department of Internal Affairs of Moscow, the body which is processing the individual Work permits for foreign workers from the CIS countries and some other countries, has not established similar requirements yet.