Hiring a citizen of Ukraine (step-by-step instructions) in 2021

What categories of foreign workers can be employed in our country?

Any foreigner who comes to the territory of Russia has a special status, depending on the purpose of the visit and the expected period of stay in our country. In accordance with Article 2 of Law No. 115-FZ of July 25, 2002, a Ukrainian citizen can be:

1. Temporarily staying
   (with a migration card);
2. Temporary residents
   (with a temporary residence permit - TRP);
3. Permanent residents
   (with a residence permit - residence permit);
4. Refugee
   (with a certificate of receipt of refugee status).

A temporarily staying citizen has a migration card, and in order to get a job, you must have a special permit or patent to carry out a particular activity. The maximum patent term is 1 year.

A temporarily residing citizen already has a special permit to stay on the territory of Russia (he gets a job on the basis of a temporary residence permit). At the same time, no additional documents (patent) are required when applying for a job, and the employee has rights similar to the rights of Russian citizens

.

IMPORTANT!

A distinctive feature of having a temporary residence permit is that a foreigner in most cases has the right to work only in the region where the permit is issued.

Ukrainians who plan to obtain Russian citizenship have been living here for a long time and have obtained a residence permit. Such citizens are considered permanent residents. However, there are no restrictions on employment. This can be any region and any position held in the organization.

A refugee is considered to be someone who has an appropriate certificate or document granting temporary asylum. At the same time, the employment of such citizens is carried out in the same way as permanent residents. Currently, no special benefits for employment are provided for citizens of the DPR and LPR.

It should be taken into account that a passport issued in one of the republics is an identity document on a par with a Ukrainian passport (despite the fact that Russia is among the countries that do not recognize the autonomy of the DPR and LPR).

A special category of workers are highly qualified specialists. As a rule, they are temporary residents, but they do not need to apply for a patent.

What an employer must do

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According to Federal Law No. 115-FZ of July 25, 2002, employers must notify the Ministry of Internal Affairs of the conclusion of an employment contract with foreign citizens. Whether they are Ukrainians or Uzbeks does not matter; the only exception is for Belarusian workers. The employer’s obligation to notify the Ministry of Internal Affairs about the employment of a Ukrainian is also not affected by his status: both temporary stayers and those who have received a residence permit must be reported. The notice period is 3 business days from the date of conclusion of the agreement.

Similar rules apply in the event of termination of an agreement with a foreign worker. Otherwise the company will be fined.

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What is a RVP and why is it needed?

Any foreigner who comes to our country must be legalized, that is, formalize his status on the territory of Russia. If a foreign citizen decides to stay in Russia for a long time and intends to find a job, then he needs to obtain a temporary residence permit. Obtaining such permission is regulated by Article 6 of Law No. 115-FZ.

The maximum period for which a permit can be obtained is three years.

The validity period of the temporary residence permit depends on the duration of the employment contract concluded with the citizen of Ukraine. During the period of validity of the permit, the foreigner must decide whether he wants to leave the country or stay here to obtain a residence permit or begin the procedure for obtaining citizenship. This is due to the fact that the extension of the temporary residence permit is not provided for by law.

A temporary residence permit is just a stamp in a passport, but it is of great importance for citizens of Ukraine and provides the following opportunities:

• freedom of movement across the border, that is, you can both come to the Russian Federation and leave Russia without any obstacles;
• Additional documents (patent or permit) will not be required for employment;
• a big advantage of a temporary residence permit is that a citizen of Ukraine can open his own business by registering an organization or individual entrepreneur;
• Employed foreigners will be registered in the compulsory medical insurance system and will be able to receive free medical care in state and municipal medical institutions.

One of the most important disadvantages, as mentioned above, is the inability to work in a region other than the one where the permit was issued. It should also be remembered that if a Ukrainian is absent from Russia for more than six months, his permit will be revoked

.

A temporary residence permit is the first step towards obtaining citizenship. This is an important mark, with which a foreign citizen receives a lot of advantages.

Algorithm for employment of a citizen of Ukraine in Russia

Official registration for work of a citizen of Ukraine who has a temporary residence permit stamp is a little easier than for those who do not have such permission. The employment process consists of several sequential steps:

An example of employment of a citizen of Ukraine in the Russian Federation

A citizen of Ukraine is registered for work. When making an entry in the work book, you need to take into account that this is done in the same way as for Russian workers. It is necessary to record which company or individual entrepreneur the employee is being accepted into, enter the serial number and date of entry, details of the order on the basis of which the entry is made, and also enter directly the phrase itself: “Hired for the position...”

If the Ukrainian is a highly qualified specialist, several additional actions are expected to be performed. First, you need to obtain permission to hire such a specialist from the migration service and issue an invitation for the employee

. To obtain permission to hire an employee from abroad, you will first have to post a vacancy in Russia, and then prove that no Russian citizen is applying for the position. Or it is necessary to prove that not a single Russian can cope with work responsibilities. If a foreigner does not have a medical policy, it is necessary to take out additional insurance. This also means registering the employee and interacting with the migration service.

Expert opinion on the issue of work of Ukrainian citizens in the Russian Federation

The Ministry of Labor, together with the Ministry of Education, provides detailed explanations on the procedure for employing citizens of Ukraine within the Russian Federation (letter No. NT-865/08 dated August 8, 2014). Ministries pay attention to the provisions of Art. 62, part 3 of the Constitution of the Russian Federation, federal laws, the operation of international treaties, talking about the equal rights of Ukrainians and Russians, as well as certain exceptions in this regard.

With regard to the recognition of Ukrainian educational documents in the Russian Federation, it is noted that this issue is regulated in accordance with Federal Law No. 273 of December 29, 2012. Recognized ones include foreign education and (or) qualifications that are subject to Russian international treaties.

The document was presented by First Deputy Minister of Education and Science of the Russian Federation N.V. Tretyak and Deputy Minister of Labor and Social Protection of the Russian Federation L.Yu. Eltsova.

Example 1. Hiring a citizen of Ukraine in the Russian Federation

D. R. Rydchenko, a citizen of Ukraine with temporary residence status, gets a job at Stroymash LLC. For this purpose, the future employee presents to the employer:

• passport;
• work book;
• diploma;
• patent;
• medical policy;
• migration card;
• a certificate confirming knowledge of the Russian language.

A fixed-term employment contract is concluded with the applicant. D. R. Rydchenko presents a copy of the contract to the FMS, thereby confirming his employment. The employer notifies the FMS about hiring a Ukrainian. Sample notifications are purchased by responsible persons from the FMS.

see → How to conclude an employment contract with a foreign citizen + sample

Documents required when employing a foreigner

The list of documents that will be required for employment of a citizen of Ukraine with a temporary residence permit is small and practically does not differ from the package of documents for a citizen of Russia. The list of documents includes:

• application (it must be drawn up taking into account all the required details);
• passport or other identification document (for example, refugee ID);
• To confirm your status, you must provide a permission stamp (RVP);
• SNILS (despite the fact that SNILS is currently no longer issued, every employed citizen must have an account number in the Pension Fund system);
• work book (if the employee does not have a work book, it is necessary to issue one);
• For some employees applying for certain positions, it will be necessary to additionally provide a document confirming the level of education, as well as a certificate of no criminal record.

The list of documents is similar to that used when employing a Russian citizen. Entries in the work book are made in accordance with Russian legislation.

Interaction between the employer and the migration authority when hiring a foreign worker

Not every organization can hire foreigners, including citizens of Ukraine . For those companies that decide to hire foreigners, the necessary procedures are registration with the migration service and obtaining appropriate accreditation here

. Violation of these conditions risks huge fines.

In order to let the migration service know about the hiring of a foreigner, a notification is created, which sets out the intention to hire a foreign citizen. It is very important to comply with the law and do this within three days of hiring such an employee.

“The employer is obliged to notify the territorial body of the Federal Migration Service in the subject in whose territory the foreigner is located about the conclusion or termination of an employment contract or a civil service agreement.”

Victor Bocheev, lawyer-consultant, Moscow

The notice includes several sheets to fill out. It contains detailed information about both the employee and his employer. In 2021, the notification form has undergone changes; its new form was approved by Order of the Ministry of Internal Affairs No. 363 of June 4, 2019. The notice must also be submitted if the employer acts as the receiving party. The form of this notification is enshrined in the order of the Ministry of Internal Affairs No. 514 dated July 30, 2019. If the employer fails to provide notice of the hiring or arrival of a foreign worker, he faces very serious liability in the form of a fine or temporary cessation of business.

How to hire a citizen of Ukraine

Firstly, what are you obliged to do when hiring a Ukrainian? Ask the candidate whether he is a refugee. If it turns out that he is not a refugee, clarify for what reasons he is located in the Russian Federation: housing type, temporary residence permit or papers for the duration of his stay. Once you have found out all this, get to work.

Let's consider the algorithm:

1. With a decision for the duration of residence - Confirmation of this status - a stamp in the passport, which is installed in the territorial representative office of the main department for migration problems of the Ministry of Internal Affairs of Russia (GUVM MIA of the Russian Federation). The position is valid for 3 years, so make sure that the documents are not expired. If everything is in order without exception, you will be able to demand from the Ukrainian those papers that are required under Article 65 of the Labor Code of Russia, and register him for work in the same way as residents of Russia. You don't need a work permit or a patent for this.

Persons of Ukraine who temporarily reside in the Russian Federation can acquire work only in the area where they acquired a housing permit. But from this principle there are two conclusions that must be followed simultaneously: the specialty or position for which a native of Ukraine is applying is included in the list of the Ministry of Health and Social Development of the Russian Federation (order dated July 28, 2010); the period of work outside the region (in total for the year) does not exceed 90 calendar days if the activity involves travel and is carried out on the road, and this is clearly noted in the work contract - or 40 calendar days when we are talking about business trips.

1. Overlooking the property.

If the Ukrainian candidate has a housing type, a note about this must also be present in his passport. In addition, he is obliged to give you a special document, which is presented to foreign citizens on the migration form. The residence permit is valid for a maximum of five years, but if a native of Ukraine wants to stay in the state, he can request the same amount in addition. Therefore, in order to employ a Ukrainian with a residence permit in 2021, you need to make sure that he has a mark in his passport and a document, and that all these forms are not expired. There is no need to require a decision to work or a patent - you can register a Ukrainian for work for general reasons and give notice to the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation. There are no restrictions on the region or position here - natives of Ukraine with a type of residence are able to function as needed and where needed.

1. Registration of a patent

One case when a Ukrainian citizen needs a patent is if he only has an immigration card. For example, this type of candidate suited your company. You must make a patent request. A citizen of Ukraine is obliged to purchase it from the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation independently, or, for example, through an enterprise that provides similar services. Let's look at the register of documents that a Ukrainian needs to obtain a patent:

• application for extradition;
• identity document;
• an immigration card with a note about entry into the Russian Federation or with a note from the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation that an immigration card was previously issued;
• voluntary health insurance agreement;
• forms for a special medical examination for HIV, drug addiction, infectious diseases;
• a form indicating that they have been registered at the place of presence;
• a form that confirms your command of the Russian language, knowledge of the history of the Russian Federation and the bases of Russian law.

All this must be brought to the immigration service within thirty calendar days from the date of entry into the Russian Federation, otherwise it may result in a fine. A patent must be assigned no later than ten working days after the applications are submitted. The period of influence of patents varies: not less than a month, but not more than a year. If the patent has expired, a citizen of Ukraine is not recommended to work until the forms are renewed. Therefore, the most important point is to control your worker in this process and carefully monitor that the person does not go to work with an expired patent.

IMPORTANT! As soon as a citizen of Ukraine is hired, he must go to the local service of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation with a photocopy of the work contract. This is given 2 months - from the day after the patent was issued. If this is not resolved, the patent will be revoked. Make sure that your employee does everything as expected - otherwise you will not have both the worker and the money that will need to be paid for the fine.

1. Refugee

Such a candidate must have a refugee document. As soon as he brings such a certificate, you can register the upcoming employee as a citizen of Ukraine on the same basis, as you would register a Russian citizen . And then inform the immigration service. Ukraine is a foreign state, the grounds for all foreign persons are the same.

Responsibility of the employer for violations in the field of migration legislation

Issues related to migration are strictly regulated at the legislative level. For violators of the established rules, serious liability is established - both administrative and criminal. The most common violations committed by employers are shown in the table:

Migration card and temporary residence permit as a basis for obtaining a work permit

Most often, Ukrainians get jobs in Moscow or the Moscow region. A mandatory document that you must have with you is a migration card. It is filled out when crossing the Russian border. It consists of two coupons - for entry and exit. A prerequisite when filling out the form is to indicate the purpose of the visit to Russia. When applying for employment, this column must contain the word “work”. You should be prepared for the fact that migration service employees will check the compliance of the purpose of the visit and its implementation. If a discrepancy is detected in Moscow, a foreigner faces administrative sanctions.

A migration card allows a Ukrainian to legally stay in the Russian Federation for 90 days. This document is the basis for registering at your place of residence, i.e. issue a temporary residence permit, as well as obtain a work permit for citizens of Ukraine.

A temporary residence permit is issued to a foreigner for a period of up to 3 months with the right to extend up to 1 year. Moscow registration and migration registration should be handled by the Russian side. This could be relatives, landlords, employers, etc. When leaving the country, a foreigner must be removed from the migration register. The migration card is automatically canceled when crossing the border back, even if its validity period has not yet expired.

If a Ukrainian was able to find work in Moscow or the Moscow region for a period of more than 90 days, he is obliged to renew his temporary residence permit. Extension is carried out in person at FMS offices. To do this, you must submit an arbitrary application and documents confirming the reason for extending the foreigner’s stay in Russia.

RVP is issued to foreign citizens based on quotas. Every year, the Russian government establishes a certain number of permits for foreigners to stay in Moscow, the Moscow region and the country as a whole. You can apply for a temporary residence permit without a quota, but to do this you must have close relatives who are citizens of the Russian Federation.

Frequently asked questions on the topic under consideration

Question:

How can a citizen of Ukraine with a temporary residence permit receive free medical care in Russia?

RVP is an important mark, which, among other benefits, gives a foreign citizen the right to receive medical care free of charge. This opportunity arises if a foreigner is employed and deductions are made for him to the compulsory medical insurance fund. In this case, the foreign citizen must obtain a compulsory medical insurance policy. The policy can be issued directly by the employer, if such a possibility is provided. Medical services will be provided free of charge in state and municipal medical institutions.

Question:

A citizen of Ukraine has a temporary residence permit mark. Do I need to obtain any other special documents for employment?

The TRP mark gives certain opportunities to foreigners. Due to the fact that all foreign citizens temporarily residing in our country are endowed with the same rights as citizens of the Russian Federation, it is not necessary to obtain additional permits or documents when applying for a job.

Features of hiring citizens of the DPR and LPR

Donetsk and Lugansk persons are a special category of citizens of Ukraine. If such an applicant comes to you, he can provide you with a passport of a citizen of Lugansk or Donetsk. The Russian Federation recognizes these documents, and the corresponding order was signed by the President of the Russian Federation. Therefore, this form can be used as an identification document.

You need to know that the order to recognize documents of the LPR and DPR in Russia is valid until the policy in the region is streamlined. This means that your company will have an employee with an unauthorized acquaintance status. As a result, both the citizen of Ukraine and you will have no problems.

Common mistakes on the topic under consideration

Error:

The foreigner received a temporary residence permit in the Vladimir region, but subsequently decided that he wanted to find a job in Moscow.

This cannot be done with an old permit, since you can only work in the region where the permit was issued. If you want to get a job in another region, you need to go through the process of obtaining a permit again, but in a different region. If the temporary residence permit was received under a quota, then it will be possible to receive a new one only next year.

Error:

A citizen of Ukraine is trying to get a job in Russia, having only a migration card in his hands.

Temporary foreigners who come to Russia on a visa-free basis must apply for a patent in order to get a job in our country.