The overview of legislative changes in the conditions for attracting foreign highly qualified specialists in 2024.
Federal Law No. 316-FZ of July 10th, 2023 introduced a number of changes to the legislation regulating the legal status of foreign citizens in the Russian Federation, including highly qualified specialists (HQS), including:
1.Increase in salaries of HQS
From March 1, 2024, the salary for highly qualified specialists should be at least 750,000 rubles per quarter, that is, on average, from 250,000 rubles per month. Previously, the minimum salary for this category in general was 167,000 rubles per month.
Thus, in the first quarter of 2024, the total salary of the HQS must correspond to the specified amount.
In case of violation of the established amount of payments, the company is deprived of the right to attract foreign citizens to work in the Russian Federation as HQS for two years.
2. Deadline for obtaining a work permit for HQS
From January 7th, 2024, HQS are required to collect from the Ministry of Internal Affairs a work permit within 30 calendar days from the date of the decision to issue it. If there are good reasons, by the request of the employer, it can be collected at a late period not exceeding 30 calendar days from the date of receipt of the relevant petition by the Ministry of Internal Affairs.
Work permits which were not received within the specified period will not be issued, and decisions taken to issue such work permits will be cancelled.
3. Indefinite residence permit for HQS and members of their families
From January 7th, 2024, foreign citizens who are HQS, as well as members of their
families have the right to receive an indefinite residence permit (residence permit) if the following conditions are met:
• HQS has been working in the Russian Federation in this capacity for at least 2 years;
• During the specified 2 years, taxes were withheld and transferred by the employer/customer of services in relation to HQS;
• The HQS and his family members reside in the Russian Federation under a previously obtained residence permit for the HQS.
4. New basis for the ban on attracting HQS
From January 7th, 2024, the employer does not have the right to involve HQS in work activities for 2 years if he has not provided tax reporting in relation to HQS after 6 months following
reporting period, or provided false or fraudulent information.
5. New deadlines for departure of HQS and members of their families
From January 7th, 2024, the deadlines for leaving the Russian Federation for HQS and members of their families have changed:
• 30 calendar days, if the HQS has not concluded a new employment or civil contract after 30 working days from the date of early termination of the contract;
• 30 calendar days, if the request of the employer or customer of work to attract HQS was rejected;
• 15 calendar days from the date of expiration of the work permit.
After the expiration of the specified periods, documents issued to the HQS and his family members are considered invalid.
6. From January 1st, 2024, Order of the Ministry of Internal Affairs of Russia dated November 22, 2023 No. 887 "On amendments to the regulatory legal acts of the Ministry of Internal Affairs of Russia on the implementation of labor activities by foreign citizens and stateless persons on the territory of the Russian Federation" has come into force. The following forms have been adjusted:
- application for a work permit;
- application for extension of the work permit;
- application for a duplicate work permit;
- application for amendments to the information contained in the work permit;
- notification of the employment of a foreign citizen (stateless person) by an organization providing services for the employment of foreign citizens (stateless persons) on the territory of the Russian Federation;
- notification of the fulfillment by employers and customers of work (services) of obligations to pay wages (remuneration) to a foreign citizen (stateless person) - a highly qualified specialist;
- notification of the conclusion of an employment contract or civil contract for the performance of work (provision of services);
- notification of termination (termination) of an employment contract or civil contract for the performance of work (rendering services).
The overview of legislative changes in the conditions for attracting foreign highly qualified specialists in 2024.
Federal Law No. 316-FZ of July 10th, 2023 introduced a number of changes to the legislation regulating the legal status of foreign citizens in the Russian Federation, including highly qualified specialists (HQS), including:
1.Increase in salaries of HQS
From March 1, 2024, the salary for highly qualified specialists should be at least 750,000 rubles per quarter, that is, on average, from 250,000 rubles per month. Previously, the minimum salary for this category in general was 167,000 rubles per month.
Thus, in the first quarter of 2024, the total salary of the HQS must correspond to the specified amount.
In case of violation of the established amount of payments, the company is deprived of the right to attract foreign citizens to work in the Russian Federation as HQS for two years.
2. Deadline for obtaining a work permit for HQS
From January 7th, 2024, HQS are required to collect from the Ministry of Internal Affairs a work permit within 30 calendar days from the date of the decision to issue it. If there are good reasons, by the request of the employer, it can be collected at a late period not exceeding 30 calendar days from the date of receipt of the relevant petition by the Ministry of Internal Affairs.
Work permits which were not received within the specified period will not be issued, and decisions taken to issue such work permits will be cancelled.
3. Indefinite residence permit for HQS and members of their families
From January 7th, 2024, foreign citizens who are HQS, as well as members of their
families have the right to receive an indefinite residence permit (residence permit) if the following conditions are met:
• HQS has been working in the Russian Federation in this capacity for at least 2 years;
• During the specified 2 years, taxes were withheld and transferred by the employer/customer of services in relation to HQS;
• The HQS and his family members reside in the Russian Federation under a previously obtained residence permit for the HQS.
4. New basis for the ban on attracting HQS
From January 7th, 2024, the employer does not have the right to involve HQS in work activities for 2 years if he has not provided tax reporting in relation to HQS after 6 months following
reporting period, or provided false or fraudulent information.
5. New deadlines for departure of HQS and members of their families
From January 7th, 2024, the deadlines for leaving the Russian Federation for HQS and members of their families have changed:
• 30 calendar days, if the HQS has not concluded a new employment or civil contract after 30 working days from the date of early termination of the contract;
• 30 calendar days, if the request of the employer or customer of work to attract HQS was rejected;
• 15 calendar days from the date of expiration of the work permit.
After the expiration of the specified periods, documents issued to the HQS and his family members are considered invalid.
6. From January 1st, 2024, Order of the Ministry of Internal Affairs of Russia dated November 22, 2023 No. 887 "On amendments to the regulatory legal acts of the Ministry of Internal Affairs of Russia on the implementation of labor activities by foreign citizens and stateless persons on the territory of the Russian Federation" has come into force. The following forms have been adjusted:
- application for a work permit;
- application for extension of the work permit;
- application for a duplicate work permit;
- application for amendments to the information contained in the work permit;
- notification of the employment of a foreign citizen (stateless person) by an organization providing services for the employment of foreign citizens (stateless persons) on the territory of the Russian Federation;
- notification of the fulfillment by employers and customers of work (services) of obligations to pay wages (remuneration) to a foreign citizen (stateless person) - a highly qualified specialist;
- notification of the conclusion of an employment contract or civil contract for the performance of work (provision of services);
- notification of termination (termination) of an employment contract or civil contract for the performance of work (rendering services).
1.Increase in salaries of HQS
From March 1, 2024, the salary for highly qualified specialists should be at least 750,000 rubles per quarter, that is, on average, from 250,000 rubles per month. Previously, the minimum salary for this category in general was 167,000 rubles per month.
Thus, in the first quarter of 2024, the total salary of the HQS must correspond to the specified amount.
In case of violation of the established amount of payments, the company is deprived of the right to attract foreign citizens to work in the Russian Federation as HQS for two years.
2. Deadline for obtaining a work permit for HQS
From January 7th, 2024, HQS are required to collect from the Ministry of Internal Affairs a work permit within 30 calendar days from the date of the decision to issue it. If there are good reasons, by the request of the employer, it can be collected at a late period not exceeding 30 calendar days from the date of receipt of the relevant petition by the Ministry of Internal Affairs.
Work permits which were not received within the specified period will not be issued, and decisions taken to issue such work permits will be cancelled.
3. Indefinite residence permit for HQS and members of their families
From January 7th, 2024, foreign citizens who are HQS, as well as members of their
families have the right to receive an indefinite residence permit (residence permit) if the following conditions are met:
• HQS has been working in the Russian Federation in this capacity for at least 2 years;
• During the specified 2 years, taxes were withheld and transferred by the employer/customer of services in relation to HQS;
• The HQS and his family members reside in the Russian Federation under a previously obtained residence permit for the HQS.
4. New basis for the ban on attracting HQS
From January 7th, 2024, the employer does not have the right to involve HQS in work activities for 2 years if he has not provided tax reporting in relation to HQS after 6 months following
reporting period, or provided false or fraudulent information.
5. New deadlines for departure of HQS and members of their families
From January 7th, 2024, the deadlines for leaving the Russian Federation for HQS and members of their families have changed:
• 30 calendar days, if the HQS has not concluded a new employment or civil contract after 30 working days from the date of early termination of the contract;
• 30 calendar days, if the request of the employer or customer of work to attract HQS was rejected;
• 15 calendar days from the date of expiration of the work permit.
After the expiration of the specified periods, documents issued to the HQS and his family members are considered invalid.
6. From January 1st, 2024, Order of the Ministry of Internal Affairs of Russia dated November 22, 2023 No. 887 "On amendments to the regulatory legal acts of the Ministry of Internal Affairs of Russia on the implementation of labor activities by foreign citizens and stateless persons on the territory of the Russian Federation" has come into force. The following forms have been adjusted:
- application for a work permit;
- application for extension of the work permit;
- application for a duplicate work permit;
- application for amendments to the information contained in the work permit;
- notification of the employment of a foreign citizen (stateless person) by an organization providing services for the employment of foreign citizens (stateless persons) on the territory of the Russian Federation;
- notification of the fulfillment by employers and customers of work (services) of obligations to pay wages (remuneration) to a foreign citizen (stateless person) - a highly qualified specialist;
- notification of the conclusion of an employment contract or civil contract for the performance of work (provision of services);
- notification of termination (termination) of an employment contract or civil contract for the performance of work (rendering services).