Dear Clients and Partners,
We would like to inform you of the adopted changes to the law on the legal status of foreign citizens in Russia, most of which relate to the employment of highly qualified specialists (HQS). Notably, the expected amendment to the minimum salary level of HQS will take effect on 1 March 2024.
Which law introduces the changes?
- Federal Law No. 316-FZ of 10.07.2023 “On Amendments to the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation”. The link to the text (in Russian)
What are the changes in the HQS employment rules?
- Effective from 1 March 2024, the minimum salary level of HQS employees shall not be less than 750,000 rubles per calendar quarter (general rule).
The amendments that follow took effect on 10 July 2023.
- On a par with HQS employees, their family is nowexempted from repeated medical checkups in case they are staying in Russia after 1 year has passed from their previous checkup.
Intermark comment
The legal uncertainty concerning the requirement for HQS to pass a new checkup in case of entry into Russia after more than 1 year has passed from their previous checkup has not been fixed. With this change, it now extends to HQS dependents as well.
Intermark will continue to monitor how the migration authorities enforce the law in relation to HQS and their family for the purposes of a reasonable risk assessment.
3.HQS employees, as well as their dependents, must now pass a new medical checkup and submit proof within 30 days from the date of the authority’s decision to renew the work permit or – in case they are staying abroad as of that date – within 30 days from the date of arrival in Russia.
- The law now specifies that in connection with the decision to issue a new work permit the medical certificates must be submitted specifically to the issuing migration office.
The amendments that follow shall take effect on 7 January 2024.
- HQS employees and their family will be allowed to apply for unlimited permanent residence permits (PRP) if they meet both following conditions:
- the HQS is employed in Russia for at least 2 years
- the applicant has firstly obtained an HQS PRP (the period of residence under HQS PRP does not matter)
- In case a terminated HQS employee has not concluded a new HQS labour contract within business 30 days from the date of employment termination, this employee and dependents will be obliged to leave Russia within next 30 calendar days (previously – 30 business days).
- Multiple Russian regions may be listed on the work permit only in case of working in separate divisions of the employer company or interdependent entities located in the respective regions (thus, the actually existing practice has been consolidated in the law).
- The law now states that in case a work permit is requested for multiple regions, the company must apply to the migration office responsible for their primary location in Russia.
- When applying for an initial HQS work permit or renewal, the employer company may present either an original labour contract or its copy certified by a company representative.
Beyond that, the migration registration has been excluded from the list of documents required for the work permit renewal application.
10.HQS employees shall be obliged to collect work permits within 30 calendar days from the date of the authority’s decision to issue or renew one. If there is a good reason, the employer may petition the authority to prolong this term, increasing it by 30 calendar days from the date of submitting the petition.
If the employee fails to collect the work permit on time, the decision to issue it will be cancelled and the employee and dependents will be obliged to leave Russia within 15 calendar days following the collection deadline.
Intermark comment
The mentioned date of decision constitutes internal information and the MIA offices usually would not disclose it. Based on the formal regulations, the decision is made closer to the end of the official processing time. In case the exact date is unknown, we recommend calculating the 30-day term as recommended by the specific issuing authority or with several days of margin.
- In addition to already existing grounds, a ban to employ HQS for 2 years may be invoked if the employer fails to report the amounts of withdrawn taxes on HQS salary payments within 6 months following the reported tax period or if the employer reports fake amounts.
Intermark will remind you additionally of the changes that will take effect in 2024 and will provide additional comments based on clarifications received from the migration authorities.
Best regards,
Intermark Immigration Team
Olga Makeshina
Director for Immigration Services
Tel.: +7 495 502 95 53
e-mail:immigrations@intermarkrelocation.com