Employment of Highly Qualified Specialists (or HQS) in Russia
October 24, 2011 By TIM Services
Legal procedure for employment of highly qualified specialists.
A highly qualified specialist (further - HQS) is defined as a foreign national having experience, skills or achievements in the certain sphere if the terms of employment meet the following criteria:
1) Salary of HQS is no less than 1 000 000 Russian Rubles per annum and HQS is going to hold a position of a scientist/tutor invited to the Russian Federation for research and scientific work or teaching in the accredited institutions of higher education, State Academy of Sciences or its regional departments, etc.
2) Foreign nationals employed in Skolkovo are not required to have a certain amount of salary (under the Federal Law “On the centre of innovation “Skolkovo”).
3) All other categories of HQS are required to earn no less than 2 000 000 Russian Rubles per year.
Important! Foreign nationals entering Russia for predicant or religious activity cannot be employed as HQS.
Please pay attention to the following specifics of employment of HQS:
A. Highly qualified specialists can be employed by:
- Russian commercial entities;
- Russian scientific organizations, educational institutions (except religious institutions);
- medical institutions and other organizations conducting scientific, technical or innovative activities, research projects, the testing and preparation of staff according to state priority areas of science and technology development in the Russian Federation, if it is covered (as required by Law) by state accreditation;
- accredited (as required by Law) branch offices of foreign legal entities in the Russian Federation.
Which have not violated laws for employment of foreign nationals within 2 years prior to applying for work permits for highly qualified specialists.
B. To employ HQS the following requirements should be met:
- payment of a salary in the amount established by law (please see above);
- HQS as well as his/her family members coming with him/her to Russia are required to have medical insurance contract covering Russia or to have right for getting first medical aid on the basis of a contract concluded with an employer of HQS. The both stated contracts should be valid within the validity of concluded employment (civil) contracts with HQS.
C. Peculiarities:
- A work permit is issued for the validity of a concluded employment (civil) contract with an employer inviting such a specialist, but for no more than 3 years. A work permit can be renewed for three year periods within the validity of an employment (civil) contract.
- If a highly qualified specialist is planning to work in several regions of Russia, one work permit covering these regions can be issued.
- A work permit is issued without quotas regularly established by the Russian Government.
The following is the procedure for employment of highly qualified specialists.
1. Processing of a work permit
2. Processing of a work visa/invitation for a work visa
3. Notification of tax authority on employment of a foreign national
4. Registration of a foreign national in tax authority
5. Notification of immigration authority on tax registration of a foreign national in tax authority
6. Notification of immigration authority on salary of HQS
1) Processing of a work permit
2) Processing of a work visa/invitation for a work visa
If a foreign national stays in Russia on the basis of a work visa (on the basis of a work permit issued by a Russian legal entity), his/her visa can be renewed into a work visa of a highly qualified specialist as soon as a work permit as for HQS is received. Such visa is processed within Russia.
If a foreign national stays outside of Russia and has not been employed within Russia, an invitation should be processed. This invitation will be the ground for obtaining of a work visa valid for the period of a work permit issued for HQS for up to 3 years.
3) Notification of tax authority on employment of a foreign national
Once a work permit and work visa are received, the employer shall notify tax authority within 10 days.
4) Registration of a foreign national in tax authority (or obtaining of an individual tax identification number –INN);
5) Notification of immigration authority on tax registration of a foreign national in tax authority should be completed within 30 days upon the receipt of a work permit by HQS
6) Notification of immigration authority on salary of HQS
An employer is required to file quarterly notifications to the immigration authorities on salary of highly qualified specialists, termination of employment (civil) contracts and in some other particular cases.
Special attention should be paid to the specifics of registration procedures for highly qualified specialists (or HQS) and their family members:
1. A HQS and his/her family members do not need to be registered if their stay in Russia does not exceed 90 days;
2. If the stay of the HQS and his/her family members is more than 90 days, they need to register within 7 business days after the expiry of the 90-day period.
3. If the HQS or his/her family members are already registered, when they travel around Russia and stay at a new location for less than 30 days, such foreign nationals do not need to be registered at the new place of residence;
4. If the period of stay at a new location is longer than 30 days, the immigration registration should be completed within 7 business days after the expiry of the 30-day period.
Travel by a HQS across Russia while employed
As you are already aware, a highly qualified specialist may have a work permit covering several regions of Russia. However, if a work permit does not cover the region where a foreign national intends to travel, the following rules should be kept in mind. There are instances when a foreign national staying in Russia can perform work outside the region of the Russian Federation for which they were issued a work permit:
A. Business trip
If a HQS is sent on a business trip, the total duration of work outside the stated region should not exceed 30 calendar days annually within the validity of the work permit.
B. Regular employment includes traveling or fieldwork and this is stipulated in the labor contract
The total duration of a HQS’ work outside the region of Russia for which the foreign national was issued a work permit is not restricted.
Accompanying family members of HQS
The following relatives are recognized as family members of HQS (for purpose of obtaining of a family member visa): wife/husband, children (including adopted children), husbands and wives of children, parents (including adopting parents), and spouses of parents, grandmothers, grandfathers and grandchildren.
Family members of HQS obtain regular work visas issued for validity of HQS visa with right of its further renewal.
Family members of HQS may work in Russia, and may be granted a work permit in addition to those allotted by annual quota. Employers of HQS family members do not require employment permission for the stated category of foreign nationals.
The length of a stay given to HQS and family members (who do not need a visa to enter Russia) depends on the terms stipulated in HQS work permit.
Highly qualified specialists and their family members can apply for permanent residence in Russia.
ABOUT THE AUTHOR: Marina Gordeeva
In today’s fast paced world, the success of business depends much on mobility and non-standard, fresh solutions. The Professional Immigration Agency TIM Services offers you the solutions to achieve that success. We take pride in ourselves at being number one because the experts of TIM Services consist of practicing lawyers with more than 11 years experience of solving immigration issues.
Copyright TIM Services
More information about TIM Services
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
1) Salary of HQS is no less than 1 000 000 Russian Rubles per annum and HQS is going to hold a position of a scientist/tutor invited to the Russian Federation for research and scientific work or teaching in the accredited institutions of higher education, State Academy of Sciences or its regional departments, etc.
2) Foreign nationals employed in Skolkovo are not required to have a certain amount of salary (under the Federal Law “On the centre of innovation “Skolkovo”).
3) All other categories of HQS are required to earn no less than 2 000 000 Russian Rubles per year.
Important! Foreign nationals entering Russia for predicant or religious activity cannot be employed as HQS.
Please pay attention to the following specifics of employment of HQS:
A. Highly qualified specialists can be employed by:
- Russian commercial entities;
- Russian scientific organizations, educational institutions (except religious institutions);
- medical institutions and other organizations conducting scientific, technical or innovative activities, research projects, the testing and preparation of staff according to state priority areas of science and technology development in the Russian Federation, if it is covered (as required by Law) by state accreditation;
- accredited (as required by Law) branch offices of foreign legal entities in the Russian Federation.
Which have not violated laws for employment of foreign nationals within 2 years prior to applying for work permits for highly qualified specialists.
B. To employ HQS the following requirements should be met:
- payment of a salary in the amount established by law (please see above);
- HQS as well as his/her family members coming with him/her to Russia are required to have medical insurance contract covering Russia or to have right for getting first medical aid on the basis of a contract concluded with an employer of HQS. The both stated contracts should be valid within the validity of concluded employment (civil) contracts with HQS.
C. Peculiarities:
- A work permit is issued for the validity of a concluded employment (civil) contract with an employer inviting such a specialist, but for no more than 3 years. A work permit can be renewed for three year periods within the validity of an employment (civil) contract.
- If a highly qualified specialist is planning to work in several regions of Russia, one work permit covering these regions can be issued.
- A work permit is issued without quotas regularly established by the Russian Government.
The following is the procedure for employment of highly qualified specialists.
1. Processing of a work permit
2. Processing of a work visa/invitation for a work visa
3. Notification of tax authority on employment of a foreign national
4. Registration of a foreign national in tax authority
5. Notification of immigration authority on tax registration of a foreign national in tax authority
6. Notification of immigration authority on salary of HQS
1) Processing of a work permit
2) Processing of a work visa/invitation for a work visa
If a foreign national stays in Russia on the basis of a work visa (on the basis of a work permit issued by a Russian legal entity), his/her visa can be renewed into a work visa of a highly qualified specialist as soon as a work permit as for HQS is received. Such visa is processed within Russia.
If a foreign national stays outside of Russia and has not been employed within Russia, an invitation should be processed. This invitation will be the ground for obtaining of a work visa valid for the period of a work permit issued for HQS for up to 3 years.
3) Notification of tax authority on employment of a foreign national
Once a work permit and work visa are received, the employer shall notify tax authority within 10 days.
4) Registration of a foreign national in tax authority (or obtaining of an individual tax identification number –INN);
5) Notification of immigration authority on tax registration of a foreign national in tax authority should be completed within 30 days upon the receipt of a work permit by HQS
6) Notification of immigration authority on salary of HQS
An employer is required to file quarterly notifications to the immigration authorities on salary of highly qualified specialists, termination of employment (civil) contracts and in some other particular cases.
Special attention should be paid to the specifics of registration procedures for highly qualified specialists (or HQS) and their family members:
1. A HQS and his/her family members do not need to be registered if their stay in Russia does not exceed 90 days;
2. If the stay of the HQS and his/her family members is more than 90 days, they need to register within 7 business days after the expiry of the 90-day period.
3. If the HQS or his/her family members are already registered, when they travel around Russia and stay at a new location for less than 30 days, such foreign nationals do not need to be registered at the new place of residence;
4. If the period of stay at a new location is longer than 30 days, the immigration registration should be completed within 7 business days after the expiry of the 30-day period.
Travel by a HQS across Russia while employed
As you are already aware, a highly qualified specialist may have a work permit covering several regions of Russia. However, if a work permit does not cover the region where a foreign national intends to travel, the following rules should be kept in mind. There are instances when a foreign national staying in Russia can perform work outside the region of the Russian Federation for which they were issued a work permit:
A. Business trip
If a HQS is sent on a business trip, the total duration of work outside the stated region should not exceed 30 calendar days annually within the validity of the work permit.
B. Regular employment includes traveling or fieldwork and this is stipulated in the labor contract
The total duration of a HQS’ work outside the region of Russia for which the foreign national was issued a work permit is not restricted.
Accompanying family members of HQS
The following relatives are recognized as family members of HQS (for purpose of obtaining of a family member visa): wife/husband, children (including adopted children), husbands and wives of children, parents (including adopting parents), and spouses of parents, grandmothers, grandfathers and grandchildren.
Family members of HQS obtain regular work visas issued for validity of HQS visa with right of its further renewal.
Family members of HQS may work in Russia, and may be granted a work permit in addition to those allotted by annual quota. Employers of HQS family members do not require employment permission for the stated category of foreign nationals.
The length of a stay given to HQS and family members (who do not need a visa to enter Russia) depends on the terms stipulated in HQS work permit.
Highly qualified specialists and their family members can apply for permanent residence in Russia.
ABOUT THE AUTHOR: Marina Gordeeva
In today’s fast paced world, the success of business depends much on mobility and non-standard, fresh solutions. The Professional Immigration Agency TIM Services offers you the solutions to achieve that success. We take pride in ourselves at being number one because the experts of TIM Services consist of practicing lawyers with more than 11 years experience of solving immigration issues.
Copyright TIM Services
More information about TIM Services
View all articles published by TIM Services
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
