For foreigners who plan to work in Russia, it is mandatory to obtain permits. For citizens of Ukraine, within the framework of international agreements, a simplified procedure for obtaining a patent is provided. Without this, it is prohibited to work in the Russian Federation and it will be illegal. First of all, such risks are dangerous for the host foreigner of the enterprise, which may be subject to a large administrative fine. How to properly employ a Ukrainian for a vacancy, what permits are needed for this, where to apply and within what time frame, what a patent is and the conditions for obtaining it. All issues will be discussed in detail in this material.
Filling out a migration card for citizens of Ukraine in 2021 for work
Citizens of Ukraine do not require a prior visa to visit Russia. If a foreigner's passport is valid for more than 6 months, he will be allowed to cross the border. Additionally, you will need to fill out a migration card. The document must indicate the purpose of entry into the country. This could be work or study, reuniting with family. It is imperative that you provide information accurately.
Expert recommendation
If a citizen entered to obtain an education, but in fact gets a job, then he will most likely be denied a work permit. In addition, such actions fall under an administrative offense in connection with violation of migration rules for staying in the country.
Lopatova L.L., expert on migration policy
When crossing the state border, the migration card is filled in with personal data in Russian or the Latin alphabet is allowed in accordance with the data on the identity card. When planning employment, the goal column should indicate “Work.” If, when making a trip with the indication “tourism”, it is not possible to obtain a work permit. The documents will be returned indicating the need to travel abroad and return with a new completed card for a new purpose.
Vacancies and employment for residents of Donbass in the Russian Federation
Residents of Donbass are citizens of Ukraine, and their employment on the territory of the Russian Federation is subject to the general rules in force for all other Ukrainian citizens who are visa-free foreigners in the Russian Federation. Whether an employee has the status of temporary stay, temporary residence, permanent residence permit or refugee affects work activity, as does the presence/absence of a work patent.
Now hiring a Ukrainian with temporary asylum status has been simplified and does not differ in procedure from hiring a Russian citizen. Citizens of Ukraine who have it do not need to obtain or apply for a patent. When hiring such employees, employers do not need to obtain a work permit for a foreign citizen and notify the Main Department of Migration of the Ministry of Internal Affairs about the procedure for hiring or dismissal.
Before hiring an employee with refugee status, you must familiarize yourself with the list of areas of activity prohibited for foreigners. In particular, you will not be able to hire a Ukrainian with any status to work outside of trade pavilions: this applies to the sale of goods from trays or in tents. Foreigners are prohibited from working in pharmacies and being in government service.
If you are interested in highly paid work in Russia for refugees from Ukraine with accommodation, then you should pay attention to working on a rotational basis; such employees are usually provided with a place in a dormitory. In large cities, most of the vacancies are work in the service sector or low-skilled work in enterprises.
Refugee status or temporary asylum allows you to engage in entrepreneurial activity in the Russian Federation - excellent.
Registration of a citizen of Ukraine at the place of residence in the Russian Federation in 2021
Registration at the residence address is carried out in Russia by the migration service authorities. The divisions are located in various regions of populated areas of the constituent entities of the Russian Federation. You should register in the region where you plan to work. If you are staying in another place before signing an employment contract, you must notify the migration service that you plan to move to another address on a permanent basis to fulfill your official duties.
For a temporary residence permit, you need to submit an application in a special form, which can be downloaded on the website of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of the Russian Federation. It is necessary to have grounds for long-term residence in the Russian Federation. One of them is work activity. Corrections and blots are not allowed. Supporting documents must be attached to the notification.
An application for arrival in the Russian Federation must be submitted within 7 days after entry. The notification is submitted by the inviting party in Russia - an organization or an individual entrepreneur - to the migration service. Weekends and holidays are counted towards the stated period. The date is counted from the mark in the passport when crossing the state border.
If check-in is carried out in a hotel room, registration is carried out by the hotel administration. This is done within 24 hours. A foreigner must monitor the actions of the institution and receive the notification of registration at the place of stay in the Russian Federation in a timely manner. If necessary, such registration can be extended for up to 1 year. To do this, a citizen of Ukraine must personally come to the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation with a foreign passport and an employment contract.
Procedure for dismissal of a Ukrainian citizen in the Russian Federation
The dismissal of a Ukrainian citizen employed in the Russian Federation and who does not have refugee status or temporary residence consists of the following stages:
- Issuing a dismissal order and signing it by the employee.
- Making an entry in the work book about dismissal.
- Handing over the work book to the employee and his signature on the employee card.
If a citizen of Ukraine has managed to obtain refugee status or temporary residence, the employer will not have to interact with the migration department; otherwise, it is necessary to notify its territorial body within three working days about the completion of the employment contract with the foreign worker. The fine for non-compliance with this rule is up to 1 million rubles with possible suspension of the organization’s activities for up to 90 days.
If an employee carries out labor activities on the basis of a patent, then the employer must carry out.
Registration of a Ukrainian citizen for work in the Russian Federation in 2021
In order to obtain a work permit for a certain citizen from abroad, a Russian organization must obtain a quota. Permission to hire foreigners is issued by the Main Directorate of Migration Affairs of the Ministry of Internal Affairs in the regions on the basis of data on vacancies indicating positions and planned earnings, employment opportunities for the local population for these jobs. If there are none, a work permit for foreigners is issued.
Important: as an option, it is possible to get a job outside the quota, then close relatives with resident status in the Russian Federation must apply for employment with the migration service and issue a work permit.
Peculiarities of labor activity of foreign citizens in the Russian Federation
Ukrainians planning to work in the Russian Federation are primarily interested in the legal side of the issue.
It should be noted that much depends on the status of a foreign citizen on the territory of the Russian Federation: temporary residence or. It is always better to consult a lawyer or the migration service about what laws and regulations are relevant at the moment.
Currently, the stay and activities of foreign citizens in the Russian Federation are regulated by Law No. 115-FZ of July 25, 2002 (as amended on July 29, 2017).
It sets out in detail the rights of Ukrainians working in Russia, as well as other foreign citizens, which, in particular, is the subject of Article 13 “Labor activity of foreign citizens in the Russian Federation”. It spells out the rights and obligations of both the employer and the foreign worker, specifies the necessary documents for registering a foreigner for work, and names the organizations to which one should apply for paperwork.
For those who want to learn more about the rules for hiring foreign citizens in Russia, we recommend reading the article, which covers in detail.
Issuance of patents for citizens of Ukraine in Russia in 2021
One of the documents giving the right to employment in the Russian Federation for foreigners is a patent. A quota has also been introduced for the issuance of such permits. To obtain it, you must pass a test of knowledge of the Russian language, history and culture of the state. Patents are obtained from local Ministry of Internal Affairs bodies. It is necessary to contact the authorized body with an application containing the following information:
- an application with the intention of remaining on the territory of Russia and carrying out work activities;
- international passport of a citizen of Ukraine, valid for at least 6 months;
- migration card with a mark in the column “work”;
- 2 photos as an ID;
- receipt of payment of state duty;
- notification of registration on the territory of the Russian Federation;
- medical certificate confirming the absence of socially dangerous diseases;
- health insurance policy;
- certificate of knowledge of the history and language of Russia.
A patent is issued within 10 days. In case of refusal to provide such a document, the migration service is obliged to formally justify the reason for making such a decision. The patent is presented on a special plastic card. Its validity period is 90 days. After the specified time has expired, the foreigner has the right to apply to the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation with an application to extend the validity of the card for up to 1 year.
Important: a work patent for Ukrainian citizens has a territorial limitation. You can exercise official powers under it only in the region indicated on the plastic card. When traveling to another subject of the Russian Federation, you must make a new permit and provide reliable information.
Special working conditions for Ukrainians from the DPR and LPR in Russia in 2021
Some categories of citizens arriving from Ukraine can work without permits. These include persons who have registration abroad in the territories of Lugansk and Donetsk regions. They can be officially employed without being granted a patent. However, such a benefit is provided only by certain constituent entities of Russia. Such conditions must be clarified before entering the Russian Federation. Privileges have a limited period of validity and are given on the basis of orders from regional and federal authorities.
Ways to obtain a work permit in the Russian Federation for Ukrainians in 2021
Documents for work can be completed in the following ways:
| Independent – when traveling to the Russian Federation on the initiative of a foreigner. | The Ukrainian citizen himself should take care of finding an employer. | In this case, entry into Russia can already be carried out. |
| An employer who is interested in hiring a foreigner for a vacancy. | Agreements are reached before arrival in Russia. | A work permit or patent is requested from the migration service by the enterprise. |
The foreigner has 30 days to undergo a medical examination, issue an insurance policy, submit a text in Russian and pay the state fee. Labor activity without a patent is considered illegal. Both the employee and the host organization will be held accountable for violations. If a month has passed since your arrival, but the patent has not been issued, the responsible persons may be required to pay a fine in the amount of 10,000 -15,000 rubles. In addition, a ban on visiting Russia for several years is possible by decision of the migration service and the court in an administrative case.
Work for Ukrainian citizens without a patent
Context:
1. A woman, a citizen of Ukraine, works in the Russian Federation under an open-ended employment contract and a work permit obtained as a highly qualified specialist (HQS, income over 2 million rubles), for a standard period of 3 years (valid until December 30. 2016).
2. In November 2021, the employee will go on maternity leave, and since in 2017 there will be no income sufficient to confirm the HQS status, a new work permit for HQS will not be issued. The employer has the right to terminate the contract with the woman on the grounds that the work permit period has expired and a new one has not been drawn up.
The task is to maintain a job and go on maternity leave to care for a child while maintaining the right to return from maternity leave to your old place of work.
3. In October 2021, a woman receives a residence permit issued as an accompanying family member of a highly qualified specialist for her husband (the husband works in another organization, the validity of his work permit for HQS is until 2021, therefore the validity of the wife’s residence permit linked to the RPR for HQS husband, also until 2019).
4. A woman brings a residence permit under a HQS to the employer to re-register an employment contract on the basis of a residence permit (and not her HQS RNR, as was previously the case).
5. The wife’s employer, after consultation with an external lawyer, claims that such a residence permit is not enough to re-issue (not terminate) the contract and requires the employee to additionally obtain a work permit (patent) with reference to clause 12.1 of Federal Law-115:
"12.1. During the validity period of a work permit issued to a highly qualified specialist, members of his family have the right to carry out labor activities on the territory of the Russian Federation if they have a work permit received in accordance with this Federal Law, as well as receive education in organizations engaged in educational activities , and carry out other activities not prohibited by the legislation of the Russian Federation"
6. When a woman applies to the FMS, its employees do not accept documents for Sakharov for registration of a patent with reference to Art. 13 clause 4 of the same law (they refused to give a written refusal to accept documents):
“Article 13.p. 4 “A foreign citizen has the right to carry out labor activities only if he has a work permit. This procedure does not apply to foreign citizens: (1) permanently residing in the Russian Federation; A foreign citizen permanently residing in the Russian Federation is a person who has received a residence permit; residence permit - a document issued to a foreign citizen or stateless person in confirmation of their right to permanent residence in the Russian Federation"
7. The employer claims that art. 13 clause 4 is not applicable, because There are two types of HQS and the one issued under a residence permit does not provide the right to work; references and other arguments are not provided (in the residence permit itself there are no references to the fact that it was issued under a HQS).
Questions: Who is right - the employer or the Navy, and how to get confirmation of your position?
1. Are there any differences between a residence permit for high-qualification qualifications and a regular residence permit (issued for 5 years after a temporary residence permit) in terms of granting the right to carry out labor activities? Where is this reflected in the legislation?
1.1. If the employer is right (there are differences, you must additionally obtain a patent), then
— what is the procedure for obtaining it, does it differ from the standard procedure for obtaining a patent?
— Does the FMS have the right to refuse to consider an application from a non-citizen of the Russian Federation?
1.2. If the FMS is right (a residence permit for a HQS is sufficient), what official confirmation of his position can be obtained?
2. How to officially request clarification on this issue from the FMS
2.1. In what order and according to what procedure can I apply (in writing/via the Internet, where can I see the application template)?
2.2. Which body should I contact (MFC Federal Migration Service, which department)?
2.3. What is the standard time frame for receiving a response, can it be received faster than within 30 days?
3. Who in this situation must prove that he is right - the employee or the employer?
3.1. Is it correct to understand that if an open-ended contract is signed, the employee can officially contact the employer - inform about the change in the basis for employment (obtaining a residence permit instead of his old PNR) and offer to re-issue the employment contract, and the employer must:
— or provide a reasoned refusal in writing (arguing the inadequacy of a residence permit and the need for additional receipt of a PNR), which can then be appealed in court;
— or is obliged to sign an additional agreement?
3.2. Can an employer terminate a permanent contract without taking into account whether the employee has grounds for carrying out work activities, if they are sufficient (residence permit for HQS) and can this decision be appealed in court?
