Highly qualified foreign specialist: personnel directory

Who are they

Federal Law 115 of July 25, 2002 (as amended on December 27, 2019) “On the legal status of foreign citizens in the Russian Federation” introduces a clear definition of who belongs to highly qualified foreign specialists (HQS) - a foreign citizen who has proven work experience in a specific specialty (by which he is involved in labor activities in the territory of the Russian Federation).
An employee with HQS status has a number of benefits in the field of employment among foreign citizens:

• Personnel in this category are not subject to quotas for issuing work permits;
• a highly qualified worker is a highly specialized professional who is not taken into account when calculating the permissible share of foreign workers.

Procedure for registration and working conditions of videoconferencing in Russia

Inviting a HQS to Russia in accordance with current legislation is carried out in a manner that includes the following mandatory points:

1. Signing a bilateral agreement with a highly qualified employee.
2. Notification of the migration department of the Ministry of Internal Affairs of Russia (Federal Migration Service) about the conclusion of the relevant agreement. This must be done within the first three days after signing. Otherwise, you will receive a fine of up to 1 million rubles.
3. Submission of documents for obtaining a work permit to the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia.
4. Submitting documents to receive an invitation to a work visa. At the same time, the enterprise is registered with the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia as a company that invites foreigners to the territory of the country.
5. Receiving an invitation for a work visa and then handing it over to the person in whose name this document was issued. It is he who will ultimately have to apply for the work visa itself at the consulate of the Russian Federation in the country where he permanently resides.
6. Entry of a foreign specialist into the territory of Russia on a visa received by him.
7. Obtaining a HQS permit to work in the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia. The person must personally pick up this document. In this case, he may be accompanied by officials of the company to which he is invited, or by his personal notaries.
8. Start performing your work duties in Russia.

REFERENCE! Registration of a highly qualified foreign specialist is a long-term process that requires an understanding of many nuances and aspects of Russian legislation.

Who is hiring

A highly qualified foreigner can be hired by:

• scientific, scientific-technical and educational organizations (higher and secondary professional, with the exception of spiritual ones);
• medical institutions;
• commercial enterprises;
• representative offices and branches of foreign legal entities accredited in the Russian Federation;
• non-profit physical education and sports organizations and sports federations (except for positions from the list approved by Order of the Ministry of Sports No. 892 of September 21, 2015 - sports medicine doctor for sports teams, head coach of a sports team of the Russian Federation, etc., 17 titles in total).

Important! In accordance with clauses 1.2-1.3 of Art. 13.2 of Federal Law 115, foreigners with the status of highly qualified specialists are not entitled to attract:

• to engage in preaching (other religious) activities;
• for trade service to customers in the process of retail trade in consumer goods, in addition to coordinating positions - merchandiser, director of finance.

Also, VKS cannot:

• be in state and municipal service;
• serve as part of the crew of military sea and aviation vessels of the Russian Federation;
• to be the commander of a civil aircraft;
• work at security-related facilities, etc.

Who has the right to attract highly qualified specialists

The subject composition of persons who have the right to attract foreign citizens as highly qualified specialists (HQS) is:

• Russian commercial organizations,
• Russian scientific organizations; educational organizations of various levels, with the exception of spiritual educational organizations; healthcare institutions, as well as other organizations carrying out scientific, scientific and technical, innovative activities,
• physical culture and sports organizations that are not Russian organizations, but operating on the territory of the Russian Federation, as well as all-Russian sports federations (Article 20.4 of the Federal Law of December 4, 2007 N 329-FZ “On Physical Culture and Sports in the Russian Federation”),
• branches and representative offices of foreign legal entities duly accredited on the territory of the Russian Federation,
• employers, customers who, within 2 years from the date of submission of the application to attract HQS, have not received an administrative penalty for illegally attracting foreign citizens as

Employers and customers of work (services ) do not need to obtain permission to hire foreign workers as highly qualified workers.

In the Russian Federation there is also no quota for issuing invitations to foreign citizens as highly qualified specialists and members of their families.

What positions are foreign specialists invited to fill?

Important! As of September 8, 2019, the list of highly qualified jobs in Russia has been changed.
The Ministry of Labor has expanded the list of jobs to 80 professions for visa foreigners who have the right to apply for the status of a HQS (Order of the Ministry of Labor No. 490 of 07/05/2019). List of professions that were amended in 2019

Approximate salary
The most important condition for a foreigner to be employed as a highly qualified specialist in Russia is to set a salary not lower than the minimum level. The lower level is regulated by the legislator and is associated with the professional activity and position of the HQS (Federal Law No. 115 as amended on December 27, 2019). It is defined by the following boundaries:

Features of applying for a job for a foreign specialist

The employer (customer) of services independently assesses what a highly qualified specialist means in each specific case, formulating, taking into account the norms of the law and production needs, the degree of competence and level of qualifications.
To do this, they use diplomas, certificates, certificates, other documents and information provided by highly qualified teachers, engineers or other foreign specialists. To ensure that supervisory authorities do not have claims against the employer, the hiring rules must be followed. You cannot hire a foreigner if the employer:

• violated the order of conduct and the regime of stay of foreigners (Order of the Ministry of Internal Affairs of Russia dated January 10, 2018 No. 9);
• engages in religious and preaching activities (1.2);
• is engaged in retail trade, except for coordinating positions - merchandiser, director of finance (clause 1.3 of article 13.2 of Federal Law 115).

Important! The procedure for making a decision on the ban on attracting highly qualified foreigners and the form of the decision on the ban were approved by Order of the Federal Migration Service of Russia dated March 20, 2015 No. 159.
Work permits for those who are highly qualified specialists are issued by the Ministry of Internal Affairs of Russia. Sometimes it is not necessary to formalize it. For example, if a foreign specialist works in a representative office of a foreign organization accredited on the territory of the Russian Federation (subclause 9, clause 4, article 13 of Federal Law 115). In other cases, the application is submitted by:

• a foreigner himself;
• host organization.

The procedure for obtaining and the list of documents is set out in Art. 13.2 Federal Law 115. A work permit (invitation to enter) or a notice of refusal will be ready no later than 14 working days from the date of acceptance of all documents.

Important! Documents for family members of highly qualified specialists are submitted simultaneously. The deadlines for issuing invitations are the same.

Some additional requirements that you should be aware of:
1. Quarterly, the employer submits to the Main Directorate for Migration of the Ministry of Internal Affairs (FSM) a notification about the payment of wages, its timeliness and sufficiency.

2. Upon dismissal, information about termination of the employment contract is submitted within 3 days.

3. A work permit is issued for the duration of the employment contract and does not exceed 3 years.

Important! The employer retains the obligation to notify the bodies of the Main Directorate for Migration of the Ministry of Internal Affairs (FMS) about the employment and level of wages of all working foreigners, including those who are highly qualified specialists.

Violation of the procedure for attracting HQS to work will result in administrative liability in the form of a fine of up to 1,000,000 rubles for legal entities or suspension of activities for up to 90 days.

Work visa for HQS

general information

For HQS, a work visa can be issued for up to 3 years .
This is one of the advantages for which many foreign citizens want to obtain a work permit for a highly qualified specialist (hereinafter referred to as HQS). Obtaining such a visa is very important for senior managers of foreign companies who have to travel a lot. A HQS work visa is immediately issued as a multiple-entry visa (unlike a regular work visa, which is first issued for 90 days (single-entry) and then extended to a multiple-entry visa for up to 1 year). This significantly simplifies the visa application procedure for a foreign citizen. In addition to the validity period, the HQS visa has another important advantage - it issues visas to members of the HQS family. Family members of the HQS can also be issued a multiple-entry work visa for the purpose of entry - “accompanying family member” for the entire period of validity of the HQS visa. This is very relevant, because... Many HQS come to the Russian Federation to work for a long period of time, and the opportunity to be close to their family helps them decide on a long business trip or move to Russia.

Extending a HQS visa for a new period is easier than extending a regular work visa.

To obtain a visa for a highly skilled employee, the employer must first issue an invitation for a work visa . To do this, the employing company must obtain accreditation from the Directorate for Migration Issues of the Main Directorate of the Ministry of Internal Affairs (hereinafter referred to as the Department of Migration of the Main Directorate of the Ministry of Internal Affairs).

An invitation to a VKS can be issued in two ways:

• On the official letterhead of the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs
• Electronic

In both cases, to issue an invitation, you need to submit the same set of documents to the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs.
Note! Documents can only be submitted by a representative of a company that is accredited by the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs.
An invitation on an official letterhead differs from an electronic one in that an electronic invitation does not need to be received at the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs. The foreign citizen (or his employer) receives it by email. The VKS prints it out and presents it to the Russian consulate abroad for a visa. When issuing an invitation electronically, the costs of sending the original invitation to a foreign HQS by courier are reduced.

The disadvantage of an electronic invitation is that if there is an error in the invitation (no matter who made it: the applicant or an employee of the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs), it will not be possible to make corrections and will need to be issued again. The Russian consulate will not issue a visa if there are errors in the invitation (for example, in the data of a foreign citizen). This can significantly increase the time it takes to obtain a work visa.

In the near future, the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia plans to completely abandon the issuance of invitations on official forms.

Procedure for obtaining a HQS work visa to Russia

Submission by the employer of documents to the external labor migration department of the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia for obtaining a work permit for HQS

Step #1

Step #2

Registration of the employing company with the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia in order to be able to issue invitations for foreign citizens

Submission by the employer of documents for issuing an invitation for a work visa to the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia

Step #3

Step #4

Receiving an invitation by email or at the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs (after 14 working days)

Obtaining a work visa by a foreign citizen at the Russian consulate in the state of his citizenship

Step #5

Step #6

Entry of HQS to Russia with a multiple-entry visa

Features of obtaining a HQS work visa at the Russian consulate abroad

As a general rule, a work visa is issued at the Russian consulate in the state of citizenship of the foreigner. A foreigner can obtain a Russian visa in another country, but to do this, he must have a document confirming his residence (residence permit, residence permit, long-term work visa, etc.). Citizens of European Union countries can obtain a visa to Russia at any Russian consulate in the European Union.

The HQS needs to decide in advance which consulate he will receive his visa at. Information about the place of obtaining a visa is indicated when issuing an invitation for a work visa . When the invitation is ready, the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of Russia sends the data via interdepartmental communication channels to a specific consulate. Therefore, if a foreigner decides to apply to another consulate of the Russian Federation, a visa will most likely not be issued, because Consulate officers will not see the invitation in their database.

The processing time for a HQS work visa ranges from 2 to 7 days , depending on the workload of the consulate. Many Russian consulates have non-urgent and urgent visa processing rates. The consular fee for urgent visa processing can be several times higher than usual.

The HQS issues a visa independently or can contact intermediaries who provide visa support services. As a rule, many Russian embassies and consulates abroad have visa centers that help foreign citizens obtain various types of visas. If you issue an invitation through an intermediary or a visa center, the cost of the visa will be higher.

Documents for obtaining a HQS work visa to Russia

To issue an invitation for a HQS work visa:

1. Application for a work permit for a HQS – 1 copy with a mark from the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs on the acceptance of documents
2. Application for an invitation for a work visa
3. Letter of guarantee from the host party (employer) on material, medical and housing support for the HQS for the period of work in Russia
4. Receipt of payment of the state fee (RUB 800) for issuing an invitation
5. Copy of the VKS passport (page with photo and installation data)
6. A copy of the employment contract with the HQS, certified by the signature of the manager and the company seal - 1 copy.
7. List of documents

To accredit an employing company with the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs:

1. A copy of the company's state registration certificate
2. A copy of the company's tax registration certificate
3. Extract from the Unified State Register of Legal Entities for the company
4. Order/decision on the appointment of the head of the organization
5. Copy of the manager's passport
6. Application for accreditation of the company in the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs
7. Company profile
8. Form of explanation to the head of the organization about responsibility for violation of migration legislation

To obtain a work visa at the Russian Consulate*

1. Visa application form
2. Photo of a foreign citizen (35 mm by 45 mm color matte)
3. Certificate of absence of HIV infection
4. An insurance policy covering the entire period of stay of a foreign citizen in Russia. Some consulates accept insurance policies issued by the employer to obtain a work permit for HQS
5. Invitation for a HQS work visa (on the letterhead of the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs, or a printed electronic invitation)
6. Passport of a foreign citizen (must contain at least 2 blank pages, and be valid for at least one and a half years after the expiration of the work visa)
7. Paid consular fee for visa application

*The list of documents is approximate and may differ in different countries. It is better to check the latest information on the documents required to obtain a work visa on the websites of Russian consulates and embassies of the state of citizenship of the HQS.

In order to correctly prepare, submit and receive from the UVM all the documents for issuing an invitation to a HQS work visa, you need to spend a lot of time and effort.

Contacting our company will allow you to:

• Use your working time effectively without wasting it on learning bureaucratic and new procedures
• Avoid mistakes when collecting and filling out documents
• Don’t stand in queues and don’t waste your nerves communicating with government officials
• Get a work visa for a foreign employee the first time

We have extensive experience in issuing invitations for HQS work visas.

Get rid of paperwork - leave the solution to your problems to our specialists!

Can a work permit be revoked?

The reasons for cancellation are formulated in Art. 18 Federal Law 115 (as amended on December 27, 2019):

• advocating a violent change in the constitutional system of the Russian Federation;
• financing, planning of terrorist acts;
• administrative punishment (expulsion, deportation, etc.) during the five years preceding the day of filing the application for a work permit;
• use of forged or forged documents;
• the court verdict that has entered into force;
• outstanding criminal record;
• brought to administrative responsibility two or more times within one year for violating the legislation of the Russian Federation regarding the regime of stay;
• travel to a foreign country for residence;
• stay outside the Russian Federation for more than 6 months;
• drug addiction, lack of a certificate of absence of HIV infection, presence of an infectious disease that poses a danger to others;
• recognition as undesirable for stay;
• providing the employer with forged or forged documents or knowingly false information.

Highly qualified specialist: validity period of work permit

The validity period of a work permit for a HQS is the duration of the employment contract or civil law contract, but not more than 3 years .

The specified period of validity of the permit may be repeatedly extended, but not more than by three years for each such extension.

In the event of early termination of an employment or civil law contract, a highly qualified specialist has the right to find a new employer or customer within 30 days and enter into a new contractual relationship for the implementation of the work activities of the HQS.

After concluding a new employment agreement, a foreign citizen has the right to obtain a new work permit.