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The procedure for registration of the work of foreign citizens. Terms of entry and rules for the stay of foreigners in the territory of the Russian Federation

Alimony
17.12.2020

Does the residence permit (a residence permit) of a foreigner (stateless persons) in Russia?

Citizens of which countries can enter the Russian Federation on internal passports (ID cards)?

Does children need a passport for entry into the Russian Federation, or can you do a birth certificate?

The answer to the first and second question is contained in Article 10, part 1 of the Federal Law of July 25, 2002 N 115-FZ "On legal position foreign citizens In Russian federation":

Article 10. Documents certifying the identity of a foreign citizen in the Russian Federation

1. Documents certifying the identity of a foreign citizen in the Russian Federation are a passport of a foreign citizen or other document established federal law or recognized in accordance with the International Treaty of the Russian Federation as a document certifying the identity of a foreign citizen.

2. Documents certifying the person of the person without citizenship in the Russian Federation are:

1) a document issued by a foreign state and recognized in accordance with the International Treaty of the Russian Federation as a document certifying the person of the person without citizenship;
2) temporary residence permit;
3) residence permit;
4) other documents provided for by federal law or recognized in accordance with the International Treaty of the Russian Federation as documents certifying the person of the person without citizenship.

In other words, the main document certifying the person of a foreigner in Russia is his passport (except for some cases that we consider below). Another conclusion is a residence permit (PMF) certifies the identity of only those foreigners who have no citizenship, that is, who are stateless persons (LBG).

Russian legislation also identified some categories of foreigners, which Russian authorities can issue temporary documents certifying their identity.

Who can be issued such documents?

Foreigners issuing Russian citizenship According to the time of consideration of documents, a temporary identity card is issued (this is said in the federal law of 31.05.2002 N 62-FZ "On Citizenship of the Russian Federation").

Those who wish to receive refuge in Russia foreigners are also issued temporary documents that they will use instead of a passport according to the Federal Law of February 19, 1993 N 4528-I "On Refugees":

For refugees - this is a refugee certificate;
Foreigners awaiting refugee status, at the time of consideration of the appeal issues a special certificate;
Such evidence is also issued to foreigners, received temporary refuge.

In addition, some countries agreed with Russia about use in the Russian Federation as an identity card of other documents, primarily this "internal" passports, and for children - birth certificates.

The list of countries whose citizens can enter Russia for "internal" passports or by birth certificate

Armenia

Citizens of the Republic of Armenia as a certificate of identity in Russia can use the following documents:

1. Passport of a citizen of the Republic of Armenia (with a mark on the period of validity in foreign countries);
2. diplomatic passport;
3. Certificate for the return to the Republic of Armenia (only for entry into the Republic of Armenia);

In mid-2017, citizens of the Republic of Armenia will be able to enter Russia in "internal" passports. Amendments to the Agreement between the Russian Federation and Armenia about mutual visa-free trips are adopted, but have not yet entered into force.

Abkhazia

Citizens of the Republic of Abkhazia as an identity card in Russia can use the following documents:

1. Foreign passport of a citizen of the Republic of Abkhazia.

2. The general internal passport of a citizen of the Republic of Abkhazia.

3. Diplomatic passport.

4. Office passport.

5. Sailor ID (if you have a ship role or discharge from it).

6. Certificate for the return to the Republic of Abkhazia (only to return to the Republic of Abkhazia).

7. Birth certificate (for children under the age of 14), indicating affiliation to citizenship of the Republic of Abkhazia.

Belarus

Citizens of the Republic of Belarus as an identity card in Russia can use the following documents:

1. Citizen's passport of the Republic of Belarus.
2. Official passport of the Republic of Belarus.
3. Diplomatic passport of the Republic of Belarus.
4. National Sailor ID (if there is a ship role or discharge from it).
5. Certificate for the return to the Republic of Belarus (only to return to the Republic of Belarus).

Kazakhstan

Citizens of the Republic of Kazakhstan as a certificate of identity in Russia can use the following documents:

1. Passport of a citizen of the Republic of Kazakhstan;
2. Official passport;
3. diplomatic passport;
4. Savory passport (if you have a ship or discharge from it);
5. Certificate for the return to the Republic of Kazakhstan;
6. Birth certificate (for children under the age of 16), indicating affiliation to citizenship of the Republic of Kazakhstan;

Kyrgyzstan

Citizens of the Kyrgyz Republic as a certificate of identity in Russia can use the following documents:

1. Passport of a citizen of the Kyrgyz Republic (internal, ID-Card);

2. The general (abroad) passport of a citizen of the Kyrgyz Republic;

3. Official passport;

4. diplomatic passport;

5. Savory passport (if there is a ship role or discharge from it);

6. Certificate for the return to the Kyrgyz Republic.

7. Birth certificate (for children under the age of 16), indicating the affiliation to the citizen of the Kyrgyz Republic (insert to the birth certificate).

Note: If the documents are submitted to obtain a temporary residence permit, Kyrgyz citizens are not recommended to enter into Russia on the internal ID cards, since the card ID cannot be put in the ID of the RVP issuance.

Ukraine

Citizens of Ukraine as a certificate of identity in Russia can use the following documents:

1. Passport of a citizen of Ukraine;

2. Passport of a citizen of Ukraine to travel abroad;

3. diplomatic passport;

4. Official passport;

5. The passing document of the child (according to the note of the Ukrainian Embassy in the Russian Federation of March 12, 2007 N 6111 / 22-013-577 / 2007 The child's travel document is issued to minor citizens of Ukraine only to leave abroad).

6. Birth certificate for children under the age of 16 (subject to departure accompanied by parents (adoptive parents), guardians, trustees or persons authorized by parents (adoptive parents), guardians, trustees);

7. Certificate of the seafarer personality (if there is a ship role or discharge from it);

8. Certificate of identity for return to Ukraine (only for return to Ukraine);

9. Certificate of the crew members of the aircraft;

Note: If you are planned to submit documents to obtain a temporary residence permit, citizens of Ukraine are not recommended to enter into Russia on the internal ID cards, as well as on "internal" passports, since it is impossible to put a stamp on the ID of the RVP, and the "internal" passport of a citizen Ukraine with an affected RVP stamp is invalid. The main document certifying the identity of a foreign citizen in Russia is a passport. The residence permit certifies the identity of only individuals without citizenship, for foreigners who have any citizenship, a residence permit is not a document certifying personality. We were lucky to citizens of some states that concluded an agreement with Russia - they can enter the Russian Federation on the "internal" passports. Some categories of foreigners in Russia certifying the identity documents issue russian authorities.

In the process of finding new employees, it is not always possible to find a suitable candidate. But what if the appropriate applicant from another state? The basic rules for admission to work of foreign citizens are contained in Labor Code Chapter 50.1 (hereinafter referred to as the Codex), the Law of July 25, 2002 No. 115-FZ (hereinafter - the Law) and the Law of November 24, 2014 No. 357-FZ (as amended from 8.03.2015). For this category of employees, the design will take longer than for Russians. In the process, the employer will need to collect a lot of documents and visit different instances so that a foreign citizen can begin to carry out labor duties.

What are the restrictions when admission to the work of foreigners?

Citizens from other states have the right to choose a profession or position from a rather wide list. But still there are certain limitations that relate to the admission of foreign employees to the fulfillment of certain types of activities. Resolution No. 755 of 11.10.2002 approved a list of organizations and objects in which this category Citizens are not eligible to work. In addition, there are a number of posts, which is also prohibited. Among the main places where the entrance is prohibited, it should be noted:

In this article, you can familiarize yourself in detail how to hire a minor:

  • enterprises that are engaged in ensuring the safety of the Russian Federation,
  • organization of the Armed Forces of the Russian Federation (participation in military formations),
  • civil Aviation (command of the courts),
  • municipal, as well as public service,
  • organizations that are engaged in ensuring safety state secrecy or indirectly connected (use) information that is a state secret,
  • enterprises with nuclear or radiation production, as well as engaged in storage, operation, transportation and disposal of these products.

Foreign citizens: design features

When taking a job with some categories of citizens who do not have russian citizenship, It is necessary to obtain a special permission. This duty is not extended to all. Work permit is a confirming the right to carry out activities in the country's territory. It is issued in limited quantities, as well as invitations to enter.

The legislation contains a list of professions for which there is no limit. Order of the Ministry of Labor No. 768n dated December 20, 2013 approved the list of specialties. This list includes 70 professions. Among them:

  • aircraft
  • artists Opera, Ballet, Orchestra, Circus (Amonging Conductors, Leading Programs, Ballersters, Choreographers),
  • assistants Director-Director and Designer Artist,
  • general Directors joint stock companies, associations (including production), enterprises,
  • chief engineers
  • directors of joint-stock companies, departments, factories, associations, enterprises, representative offices, factories, branches, firms,
  • sound engineers
  • sound operators
  • engineers (aviation, new technologies, information protection),
  • correspondents (including publishers, editors of magazines and newspapers),
  • programmers
  • directors
  • techniques (techniques, drilling, by adjustment),
  • graphic artists.

When admitting foreign citizens, there is no need to issue permission to a number of persons (Article 13 of clause 4 of the Law). These include:

  • persons who live in the Russian Federation constantly or temporarily,
  • employees of consular agencies,
  • employees of diplomatic missions,
  • persons involved in the program to promote the resettlement of Russians living outside the Russian Federation,
  • accredited journalists accredited in the Russian Federation,
  • employees of international organizations,
  • students in the Russian Federation to persons when working in free time or on the territory of the educational institution,
  • representatives of foreign manufacturers and suppliers,
  • teachers and scientific figures that were invited to implement teaching activities.

When receiving refugee work, permission is also not required. According to these signs of foreign citizens, it is possible to divide into 2 groups. For the first permission is not required. When they are design used general orderaccording to which Russian citizens take work: the employment contract is concluded, the workbook opens (if it was not) and the other requirements are complied with Labor legislation. For the second group, it is necessary to make a permit before entering into an agreement.

Depending on the state, from where a citizen arrived, two categories of workers who are citizens of countries with a visa-free regime or with a visa entry regime. The status of a foreigner determines the procedure for registration. Total there are three:

  • permanently residing who have a residence permit
  • temporarily staying that work on a migration card or visa,
  • temporarily living who have permission to accommodate in the country.

Before issuing an employment contract, it is necessary to prepare 2 packages of documents. In accordance with the procedure established by law, they will help to issue permits required for the implementation of interaction with foreign citizens. Documents are aimed at receipt:

  • permits for the use and attraction of citizens from other countries as workers,
  • permissions to work in the country for a foreign citizen.

What documents do you need for registration of work permit?

An employer needs to get permission. It will provide an opportunity to issue in the enterprise of foreign workers. The law establishes a list of mandatory papers for presentation:

  • application for issuing an employer permission to use and attract foreign citizens. The form is established by order No. 1/4/1/2 of January 11, 2008. Filling the blank is made by printed letters and in Russian, you can create and fill it in electronic form,
  • documents that will confirm the preliminary agreement on the intention or conditions of attracting a foreign citizen (for example, a draft treaty),
  • document confirming the payment of state duty. This year, the amount of 10,000 rubles is paid for each attracted employee.

Optionally, the employer or his representative can submit the documents below. The law does not oblige him to do this, as they refer to the data that are under government (according to Law No. 210-FZ dated July 27, 2010 of Article 7 of Part 1, paragraph 2). To legal entities registered in the Russian Federation, you can provide copies of the documents listed below:

  • certificate of Amendments to the EGRUL
  • certificate of registration (tax).

For individual entrepreneurs Also installed its list of documentation:

  • copy of the evidence of the entry in the Eagle
  • copy of the identity ID of the document,
  • copy of a document confirming the place of registration of IP,
  • a copy of the certificate of registration.

Foreign legal entities can also provide a list of documents. Copies of permission to open representation and indicated below are certified:

  • about registration of Yul,
  • about the opening of the branch
  • on registration with the tax goal
  • on accreditation of the branch,
  • on the accreditation of representation.

The procedure for obtaining a work permit to a foreigner and the necessary documents

A foreign worker needs to fill the migration card when crossing state borders. For permission, it is necessary to contact the federal migration service or territorial separation. The representative of the organization in which the foreigner is going to be arranged to provide the established list:

  • application for the provision of work permit, which is drawn up for each foreign worker. Its form is established by order No. 370 dated December 25, 2006. The form you need to fill in block letters in Russian, it is permissible to create and making data in electronic form,
  • a photograph of a foreign face 3 × 4 cm (necessarily - color),
  • a copy of the document that certifies the identity of a foreign citizen,
  • copies of documents on education (professional) qualifications that were obtained in another state or a certificate that the compliance with the documents received by Russian diplomas about vocational education,
  • mednifers in which marks should contain that a foreign citizen does not suffer from drug addiction and infectious diseases (Among them is Hansen's disease (lepreing), syphilis, tuberculosis, chalkroid), and certificate of absence of HIV infection,
  • document (receipt) on the payment of state duty - 3,500 rubles (for each),
  • a copy of the permission to enter.

All specified copies of documents are certified in a notarial manner (in the absence of original). If they are drawn up on the territory of another country, they must be legalized in installed manner through the consulate or diplomatic representation RF abroad.

If the procedure for compiling documents differs from Russian, then it is necessary to attach a translation that will be notarized.

To obtain permission, it is also necessary to provide one of the documents listed below. He will confirm the level of knowledge of the Russian language, as well as the foundations of the legislation of the Russian Federation and its history,

  • certificate, which indicates a certain level of Russian language, knowledge of the fundamentals of the legislation and history of the country (RF),
  • documents by Ob. successful passage State care on the territory of the Russian Federation from 09.09.1991, which will confirm the education and qualifications of the employee,
  • main certificate common educationwhich was obtained in the territory of the states, until 09/10/1991 part of the USSR.

According to Law No. 210-ФЗ dated July 27, 2010 (Articles 7 of Part 1 of paragraph 2), government agencies are not entitled to require the provision of information or documents that are in their jurisdiction.

The procedure for issuing citizens of the CIS and foreigners temporarily or permanently residing in the Russian Federation

The easiest way to hire citizens from CIS countries or foreigners who live in the Russian Federation temporarily or constantly. For them, the order of registration is the same as for russian citizens. Permissive documents to receive for their device do not need to work. When making permanent citizens, it is necessary to request a residence permit and check the validity period. It is issued for a five-year term and can be extended. Residence permit allows you to work without limitation throughout the Russian Federation.

For temporarily living foreigners, the area of \u200b\u200bwork is narrowed to the region where they are registered. It is carried out in general mode. No restrictions were established for citizens of the Republic of Belarus. In labor relations, this category of citizens is equated to the Russians. The process of admission to work is carried out on general conditions. They have the right to issue labor book (This can make an employer who is a citizen of Russia). For citizens of Belarus, such an order of registration became possible after the adoption of 22.06.1996 decisions No. 4 and the Treaty of 25.12.1998 "On Equal Rights of Citizens".

Opinion expert

Maria Bogdanova

Experience more than 6 years. Specialization: contract law, labor law, law social security, law intellectual property, civil Process, Protection of Minors, Legal psychology

It is worth saying that citizens from the countries belonging to the Eurasian economic SoyuzArriving for employment or to occupy business in Russia receive the greatest number of benefits and privileges (for example, migration accounting is simplified for them, no need to receive a labor patent).

For citizens from the EAEU countries is provided simplified order in everything. No need to make the legalization of documents on the receipt of the specialty. The procedure for employment for persons from the aforementioned Belarus, Kazakhstan, Armenia and Kyrgyzstan are close to the Russians, but nevertheless, they remain foreign citizens, i.e. The employer must notify tax authorities and migration services about the conclusion of labor relations with them.

The procedure for issuing temporary staying citizens

The UFMS is sent a notice of admission to a foreign worker; It turns out permission. When applying for a job, the petition for the issuance of a foreign employee invitation to the entry is made on the basis of the obtained permit. After the arrival of a foreign worker, in accordance with Article 20 of the Law of 18.06.2006 No. 109-FZ report this fact to the migration authority. If a citizen is temporarily staying in the territory of the Russian Federation without a visa, then in accordance with the changes that have entered from 01.01.2015, it can work on a patent that replaced permissions, and its term of three years.

The procedure for issuing foreign employees from the states with the visa regime

First, it turns out permission to attract a foreign worker. After receiving personal permits for each employee, they are assessed. Then you can proceed to the registration of employees at the place of stay and conclusion labor contract. Since 2015, notification of tax on the adoption of foreign employees is not required.

It is necessary to make information on the permit or patent of the foreign worker, the medustry policy, the form of residence or temporary residence permit.

Documents that are needed when taking

Details about documents that are needed when driving:

After all questions regarding the receipt of visas or permits are settled, you can proceed to the immediate conclusion of the employment contract. The order does not differ from the Russian established for citizens. Articles 327.3 and 65 of the Code include a list of documents using the employment. Among them:

  • a document that will make sure the identity of the candidate (passport or other documents with a photo),
  • a Treaty on Voluntary Federates, which is valid on russian territory (He must provide a citizen of emergency medical and sanitary assistance),
  • work permit or, in some cases, patent,
  • residence permit, in a situation where the contract is concluded with stateless persons or temporarily in the Russian Federation,
  • a residence permit, at the conclusion of a contract with a stateless person or foreign citizen who permanently reside in the Russian Federation.
  • labor book (except for the situation when they go to work for the first time)
  • pension certificate (when a device for work for the first time (before that did not work), this certificate issues an employer),
  • confirming qualifications and education Documentation - certificates, diplomas or certificates.

Besides listed in the Code and others legal documents The employer should not require any additional paper. Foreign citizens, when issuing an employment contract, no need to submit documents military accountingexcept cases established in legislation or in international treaties. The procedure for admission to work is the same for Russian, and for foreign citizens. After the conclusion of the contract new employee May begin to fulfill its duties.

After concluding a contract for a three-day term in obligatory FMS and the employment service of the population on the conclusion of a contract with a foreign citizen are notified.

Consequences in violation of established norms

When admission to the work of foreign workers, it is necessary to comply with the procedure for issuing and regulating their work. For non-compliance with the requirements are subject to recovery. If the employee has no work permit, then the employer is imposed a fine, the size of which is 250,000 - 800,000 rubles, for an official of the amount of 25,000 rubles permissible violation. If the employer has no permission to use the labor of foreign persons, then monetary recovery The same as in the first case. Responsibility for illegal attraction is considered in relation to each employee (the amount of the fine is multiplied by the number of employees).

Foreign workers from paying income tax individual.

The reception to the work of foreign citizens imposes certain obligations and on the head, and on the enterprise as a whole. This is a responsible step that requires compliance with the requirements established by law. In addition to the large number of documents that need to be issued, it is important to take into account that this process takes a lot of time. When making a decision on hiring a foreign employee, it is important to think well to think about the need to attract this category of workers.

Video - "Accept for the work of foreign citizens"

According to which the list necessary for the employment of papers should appear a new mandatory document for foreign workers. Let's deal with what to be ready-made labor migrants and their employers.

The concept of the host and inviting part (a new mandatory document for foreign workers)

Before finding out than it turns out for Russian companies and foreign workers, the adoption of the draft law No. 150363-7 should be dealt with two concepts:

  1. The host - legal or natural person (citizen of Russia or a foreigner living in the Russian Federation on permanent basis - overlooking the residence permit), who actually lives from a turn of a foreign citizen who actually lives from abroad.
  2. Inviting party - legal or individual, organs state power, international organizations and others commissionershaving legal right Apply for invitations of visa foreigners in the Russian Federation (visa-free foreign subjects there is no inviting part).

The inviting and receiving party among the foreigner may be the same face. But these concepts cannot be confused.

The problem of the destruction of federal budget for deportation and administrative expulsion of foreign citizens from the Russian Federation

So, as you know, at the moment deportation or administrative expulsion Foreign citizens from Russia are paid by the expelled foreigner or inviting party themselves (in the absence of a sufficient amount of funds from a foreign citizen). If the inviting party is unknown, or it could not be found, the cost takes on the state. According to representatives of the Ministry of Internal Affairs of Russia, only 40-45% of foreign citizens have enough funds and pay the procedure of deportation independently or at the expense of the inviting parties.

The Russian government made uncomplicated counting and was convinced of the need to take measures to save funds federal budget. The deportation process of one foreigner costs the country's budget in 60-80 thousand rubles.Expenses for deportation (expulsion) include:

  • the cost of paperwork;
  • buying tickets for the most expensive foreigner and for the accompanying official (if the situation requires escort);
  • the content of the foreigner in a special institution is fulfilling a decision on deportation and administrative expulsion;
  • other costs related directly to deportation or expulsion.

For the previous 5 years, about 500 thousand foreign citizens were expelled. Accordingly, in the middle of the government spent about 35 billion rubles over the past 5 years to pay for the procedure for the deportation of foreigners.

Important! Funds that are allocated from the federal budget for the deportation of foreigners only enough for 1/3 of all foreign citizens staying in special institutions.

New Mandatory Document for Foreign Workers

The draft law considered by us, prescribes foreigners to insure from the risk of deportation and administrative expulsion provided for in the current legislation for the commission administrative offenses On the territory of the Russian Federation. In a new list of mandatory documents should include an insurance policy, purchased by a foreigner while entering the territory of Russia or at the stage of visa design. The Government of the Russian Federation decided to oblige foreign citizens to participate in the program of compulsory insurance of the risk of deportation or administrative expulsion. In this case, the costs of conducting the procedure of deportation / expulsion will be covered by insurance companies, and not by the authorities.

The policy will have to acquire for entry and for employment in Russia and have with you throughout the entire time stay in the Russian Federation. It was proposed to establish a minimum insurance amount of 100 thousand rubles. For visa-free foreigners and in cases where the term of the policy is impossible to establish, the policy will be issued for 270 days (180 days + 90 days of stay in visa-free mode). In other cases, the term of the policy will be calculated by the formula:

SDP \u003d SZNIR + 180 days,

Where SDP - the term of the policy;

SZNIR - The term of the legitimate location of a foreigner in the Russian Federation.

Legislative acts on the topic

Typical errors

Error: The Government of the Russian Federation is not going in case of adoption of the draft law No. 150363-7 more allocate funds for the deportation of foreign citizens.

The concept of "Migration Accounting" was introduced into the business turnover by Federal Law 109-ФЗ dated July 18, 2006 "On Migration Tailor of Foreign Citizens and Certificate Affairs in the Russian Federation", dividing the one until this moment the designation of foreigners in the word "registration" into two types : Registration at the place of residence and migration accounting at the place of stay.

However, the ten-year practice of using this phrase makes it possible to conclude that it has not yet gotted, and the tearless part of the arrival notification confirming the statement of a foreign citizen on migration accounting is still mistakenly referred to as "Registration".

The adoption of a law on migration accounting was accompanied by a loud campaign on facilitating migration legislation. The state positioned the refusal to the complex corruption of the permitting procedure for registration in favor of a simple notification system for migration accounting as a reduction in bureaucratic obstacles with simultaneous tightening of responsibility for its non-performance. It was 10 years ago the amount of responsibility of legal entities for non-fulfillment of responsibilities for migration accounting acquired modern outlines - a fine of 400,000 r. up to 500 000 r. For one violation (Article 18.9. Administrative Code of the Russian Federation).

In accordance with the provisions of the Federal Law, 109-FZ registration at the place of residence are subject to temporary residents (RWP) and foreign citizens permanently residing in the Russian Federation. Foreign citizens temporarily staying in the Russian Federation are only made by migration accounting. At the same time, when changing the place of residence in the Russian Federation, temporarily and permanently residing foreign citizens may become migration at the time of temporary stay.

Category of foreign citizens Registration at the place of residence Migration accounting at the place of stay
Permanently residing (residence permit) + +
Temporary residents (RVP) + +
Temporarily staying - +

In the initial editorial office of the law, the obligation of a foreign citizen and the host to fulfill the requirement of the law on migration registration in 3 days from the date of arrival at the place of stay. Also, the legislation provided for compulsory removal by taking into account the host party of a foreign citizen in case of its departure.

For ten years, legislation in this area has been subjected to some mitigation, and the deadline for migration records by default has increased to seven working days from three days, and for most states it has changed even more significant. Yes, and you are no longer required to make foreign workers from accounting. This happens automatically when crossing a foreign citizen of the border or when registering at a new place of stay.

However, what should be paid attention to. In most international agreements, stipulating a special relationship by the term of temporary stay for citizens of individual states, it is due to the period calculated from the date of entry into the territory of the Russian Federation, and this religion is designed mainly to tourists and people who come to Russia with private purposes. For foreign citizens who arrived in the Russian Federation for the purpose of employment should be guided by a period of 7 working days for registration, since in the implementation of many significant actions in the Russian Federation requires the availability of details of the location in the territory of the Russian Federation. Thus, the address of registration at the place of stay is required to indicate a statement about the issuance of a patent to work, in the notification by the employer of the migration bodies on the conclusion with a foreign citizen of an employment contract, when applying to a bank to receive a bank card for transfer wages etc.

The same period is 7 working days - it should be taken into account when changing the place of stay on the territory of Russia, including when moving from one employer to another.

So, we turn to the question of the responsibility of the employer for the migration accounting of its employees. If the employer does not have liability for the conclusion of an employment contract with such an employee and even, on the contrary, the employer can be held accountable for refusal of employment for such a basis; completely different.

The defining moment on this issue is as follows: Is the employer for a foreign worker by the receiving party.

What is the receiving party? The definition of this concept is given in the Federal Law 109-FZ.

"The party hosting a foreign citizen or a stateless person in the Russian Federation (hereinafter - the receiving party):

- a citizen of Russian Federation,

- Foreign citizen or stateless person living in the Russian Federation,

- legal entity, branch or representation legal entity,

- federal organ state power, state authority of the subject of the Russian Federation, local government,

- diplomatic representation or consular Institution foreign state In Russian federation,

- an international organization or its representation in the Russian Federation or a representative office of a foreign state with international Organizationlocated in the Russian Federation

who have a foreign citizen or stateless person actually lives or implements labor activity (located)".

If, before the adoption of the Law, 109-ФЗ, a foreign citizen should have be sure to be registered at the place of residence (temporarily or constantly, on long term or short), then with the adoption of this law it was possible to put on migration accounting (register) of foreign citizens at the place of work. Moreover, regardless of whether the employer has at the address setting for migration accounting a residential premises or not even the premises as such is not determining.

Law 109-FZ introduces the concept of "place of stay":

"The place of stay of a foreign citizen or stateless person in the Russian Federation - a residential premises that is not a place of residence, as well as other premises, an institution or organization in which a foreign citizen or a stateless person is located and (or) at which a foreign citizen or face Certificate is subject to registration at the place of stay in the manner established by this Federal Law. "

The meaning of setting migration accounting is the opportunity to find a foreign citizen at the address of the formulation, and what he does there: lives, works or is located - it does not matter.

Example: The employer takes a land plot. Rental right is confirmed by the lease agreement and evidence of land ownership. The land plot is the usual field with daisies, where the employer plans to grow cabbage. For processing land plot He invites foreign workers who delivers daily to field work by bus from the neighboring settlement. There are no fact that residential, but no other premises in the field. At best, it will be a household for storing inventory and a trailer where workers can wait for bad weather or dine. At the same time, the employer has all legitimate grounds in order to register foreign workers in the field with daisies.

The situation seems non-standard, but it does not contradict the meaning of the implementation of migration accounting of foreign citizens. At the address of registration, you can find a foreign worker with the same success, as if it were an apartment, where a foreigner lives, or the field where he works. In the second case, it turns out to be often even much easier and easier, since the employer acts as a certain organizing unit between government agencies and foreign citizens.

Federal migration service The regulations of foreign citizens are developed for migration accounting, which is currently valid, despite the disbandment of the FMS. However, neither in the times of the FMS, nor now, when these functions were transferred to the Ministry of Internal Affairs, the practice of setting foreign citizens to migration accounting often does not coincide with the theory.

The regulation is partially executed only in the case of a primary setting of migration accounting for 90 days from the date of entry into the Russian Federation. In cases where foreign workers change the place of stay, or the stay is extended by other legal grounds, the receiving party fully experiences the flight of official fantasy. Since the clear algorithm of actions and the necessary package of documents is not regulated on legislative levelEach territorial migration department establishes its orders. At best, a list of documents that should provide an employer to set a foreign worker to migration to a legal entity will be posted on an ad board in the agency's corridor. Naturally, you will not find references there to any regulatory act, because regulatory acts that establish the requirements for the package of documents for the extension of migration accounting or registration of more than the deadlines of the initial 90-day stay - does not exist.

Attempts by the FMS to give this procedure, the regulatory concern was reflected in the FMS order of June 29, 2015 No. 321, but did not succeed.

The order is not fulfilled everywhere, and with clarity due to their clumsy formulations in the mechanism of migration accounting of foreign citizens, he did not add.

In accordance with the order, to extend the time stay of a temporary stay (the deadline for migration accounting) the receiving party submits territorial body FMS or HIP structural subdivision At the place of stay of a foreign citizen, a statement in an arbitrary form, which indicates the name, date of birth, citizenship, address of the place of stay and details of the document certifying the personality of a foreign citizen.

As well as documents that served as the basis for changing the period of temporary stay in the Russian Federation. What are the documents, the order is not installed. Therefore, the list of such documents and the requirements that are presented to them are established by the workers of the territorial migration units and the unified list does not exist.

IN this article We will try to summarize the experience of placing migration and extension of the time stay, obtained in various divisions of the FMS of Moscow and the Moscow region.

So, the first with what you will face - there will be a desire for employees of migration bodies to get comprehensive information about your company. Subsequently, this information will be required to compile an administrative case in the event that you make some kind of exposure or lose sight of any responsibility for compliance with migration legislation. Also, the full available package of documents on your company makes it easier for employees of supervisory authorities to include you in the annual migration inspection plan.

I repeat once again, such requirements are not provided for, however, without providing the following packet of documents in a hundred cases from a hundred to put a foreign worker, you will not work for migration on the Jurlso. All documents are provided in copies where the organization has been certified by the organization:

Account card company with your contact data (rarely);

Charter (rarely);

One or two months extract Egruption (seldom);

INN (always);

OGRN (always);

Order / Protocol on the purpose of the gene. director (always);

Copy of passport gene. director (almost always);

Power of attorney to the representative;

Order on the appointment of a representative official (seldom);

A copy of the passport of the representative (rarely);

Expanding documents at the address of a foreigner to migration accounting (certificate of ownership, lease agreement, etc.).

Often, it is necessary to submit these documents already fed to the folder folder. This is an approximate list of documents that are required from the host partition. As regulatory documents It is not stipulated, then you cannot be insured not only from the fact that the requirements will be different in different territorial units of the FMS, but also from the fact that they will differ within the same unit, but on different days. Yesterday it was necessary to provide one, and tomorrow another. Even within one day, in the morning the inspector told you one thing, and when you returned, fulfilling his wishes, you met another inspector with my vision.

But in all the bad one can always find something good. Again, due to the fact that the law does not establish an exhaustive list of required documents, in most cases the inspector can agree that the missing document you bring the next time, for knocking once at the FMS door, there will be very often there.

Let us now turn to the list of documents that you need to provide a foreign citizen confirming the change in the conditions for staying a foreigner in the Russian Federation. Documents are also provided in copies:

Statement (petition from the host) on the extension of a temporary stay;

Statement (petition from a foreign citizen) on the extension of the time stay (not everywhere);

Passport (passport requirements are different everywhere. In most cases, the first turn is enough. If it is a passport, then a copy of the page with the last crossing of the boundary is required. There are FMS where copies of all pages are required without exception, including empty);

Migration card (despite the fact that in 321 orders of the FMS directly indicate that the inspector is obliged to put a mark on the migration card to extend the time stay, it is more difficult to find the FMS, where this requirement is performed than where it is ignored. We categorically do not advise you to remotely Foreign citizens original migration card To simply adjust the level of renewal, since the lack of a migration card with an alien with him at the time of the inspection is regarded by the Moscow courts as a violation of the residence regime followed by a fine and administrative external);

Examples of such administrative cases can be found here: a court decision of March 10, 2016, a court decision dated March 4, 2016, a court decision of July 06, 2015

All payment receipts of the patent (the text on them should be read. If he faded or indistinguishable, it is necessary to send a foreign worker in advance to a bank for the discharge or receipt of duplicates of receipts);

The tearless part of the arrival notification is still a place of stay (in some cases the original requires);

Labor contract;

Notification of the conclusion of the employment contract.

Before entering into force, at first the Order of the FMS of December 15, 2014 No. 655, and then the order of the FMS of June 29, 2015 No. 321, the migration record of foreign citizens was regulated by Federal Law No. 109-FZ, by Decree of Government No. 9 of January 15, 2007, Approving the rules for the implementation of migration accounting of foreign citizens in the Russian Federation and the administrative regulations for the provision of FMS of the State Service for Migration Accounting in the Russian Federation.

All these regulations Provided the imposition of responsibilities for the implementation of migration accounting for the receiving party. The presence of a foreigner for such a procedure was not required. The foreigner himself could fulfill this duty only in exceptional cases, presenting to the FMS good reasonsFor which this could not make the receiving party.

FMS order dated June 29, 2015. No. 321 opens other features. In the provisions describing the procedure for submission of documents, the applicant may act as the receiving party and the foreign citizen itself.

On cases where foreign citizens by proxy from the employer, they themselves extended the stay, it becomes more common, however, it is still rather an exception to the rules.

So, we considered the issue of employer's actions on the production of their employees for migration accounting at the place of work, but did not respond to the main question: Is this the obligation of the employer?

Not! The unconditional obligation of the employer is not. A common situation, when the employer's organization fulfills its duties before the FMS for the design of labor relations in accordance with the migration requirements, and the responsibilities for migration accounts are not entitled to themselves if the employee is registered at the address of an individual. An employee can live at an individual: relatives, to rent an apartment or room with the owner of the housing, while the person who gave him a place to stay, also has the right to put it on migration. In this case, the employer only controls the employee, together with the owner of housing, the period of stay and then does it not because it obliges to such a legislation, but in order not to lose the employee who forgot to extend his tenure.

Moreover, a situation is also possible when a foreigner working in the organization stands on migration at another legal entity. It is allowed in two cases.

First. When the employee lives in a hotel, a hostel, a hostel - then a legal entity poses, which owns the placement object.

Second. When the employee works on combat, and another employer put it on migration.

In all other cases, even if the term of temporary stay is not expired, the seal of a legal entity on the turnover side of the tearless part of the notification of the arrival of the new employer should alert. In most cases, this is an ordinary "purchased registration", which is not a good foreign worker, nor his employer promises. It can still be seal former employerIt is easy to check, asking the workbook or help of 2 NDFLs from the previous place of work at the future worker.

What threatens such migration accounting? The employee faces a fine, and in the cities of federal significance and adjacent areas - a fine, administrative expulsion and closure of entry for 5 years. But only in one case, if the employee did not give up his documents to a new employer for making migration. And if he does not have a valid receiving parties (relatives or landlords), he simply must do this upon arrival at a new place of stay. With such a decline new job - And there is a new place of stay of a foreigner. In this case, the responsibility for the implementation of migration accounting lies at the employer, and from a foreigner such responsibility is removed (see the FMS letter dated March 26, 2013 No. KR-1/2 / 2-3688).

A foreign citizen upon arrival to the new place of stay (to the new employer) transfers the receiving parties to the documents for making migration accounting, and the receiving party is obliged to put a foreign worker for a new place of stay within seven working days.

Summing up the article, I want to pay attention to three important things once again.

First. A foreign citizen fulfills the obligations to comply with and extend a time stay in the Russian Federation: timely pays the patent, submits documents on RVP, etc. And the receiving party, in the role of which the employer can act, fulfills the obligations to implement the migration accounting of a foreign citizen (employee). Combine these two tasks - deadlines. The period for which the temporary stay of a foreigner in the Russian Federation corresponds to the deadline for its migration records.

Second. Migration registration, in contrast to registration at the place of residence, is notification, and not permitting procedure. While migration Organs Often continue to treat it as permissive. Requirements for the package of documents imposed by the migration authorities are not defined. Moreover, in paragraph 31 administrative regulations The provision of the FMS State Service for Migration Accounting in the Russian Federation provides an exhaustive list of documents to submit a receiving party to provide a service consisting of two points: passports and a migration card of a foreign citizen. And in paragraph 46 of the Regulations, there is a direct ban to require the applicant for providing documents and information not provided for by regulatory acts.

And last. Foreign worker can stand on migration, both at the place of work and at the place of residence. The fundamental requirement is the actual compliance of the address of the migration registration address of the location of a foreign worker, and in the working it will be time or not - it does not matter. Well, it is impossible to be allowed to exceed the deadline for migration accounting (time stay) of a foreign citizen. If there is no legal basis for extending the time stay of the temporary stay, a foreign citizen is obliged to go from the territory of Russia before the expiration of the time stay (the deadline for migration registration).

Wherever the man goes, in the way he will need not only money or personal belongings, but also a passport of a citizen of the country where he lives on an ongoing basis. And yes, indeed, the passport is the most important and first document that must be submitted in any instance to identifying an identity. Registration B. financial institution, a device for work, the implementation of the purchase and sale of property, as well as other important events may require a person to compulsory personality certificate (in some cases it may not necessarily be a passport). In other words, without such documents, a person is a "ghost", a person who has no full-fledged citizenship.

Main types of documents confirming personality

So, what documents certifying the identity of the citizen exist in the state of the state? According to topical legislation, it includes:

  • internal (civilian) passport of the Russian Federation;
  • birth certificate.

The first of the list of document is valid on the territory of the Russian Federation since October 1997. This document It is imposed in almost any legally significant cases. For example, during:

  • vote in elections;
  • shopping / sales of apartments, houses or any non-residential real estate;
  • employment;
  • admission to higher educational institution;
  • registry or extracts from the place of residence;
  • filing lawsuits;
  • other situations that require legal intervention.

It is noteworthy that at least many legitimate actions can be performed only in the presence of a passport, in the laws and norms of the Russian Federation there is not a single mention that it is necessary to carry this certificate with you. The absence of a passport at work, studies or in the store is not considered in some kind of crime, and for this a citizen will not suffer any administrative fine.

The second document from the list is a birth certificate. In essence, it is a replacement passport until the child reaches the necessary age to receive it. In addition, the certificate is the main attribute for registration of a civil passport or travel, as well as in some other cases, for example, when entering school.

Additional documents for citizens of the Russian Federation

Additional documents certifying the identity in the territory of the Russian Federation:

  • sailor passport;
  • military ID;
  • travel document child;
  • passport diplomat;
  • passport of the employee of the prosecutor's office.

All of the above applies precisely to additional documents, as in some legally significant situations they can replace their passport. But this does not mean that a military ticket will be able to take in all instances if a civil passport is celebrated in the list of documents.

The main types of documents confirming the identity of foreigners

The main documents of foreign citizens who arrived and temporarily arrive in the state of the state:

  • a foreigner's passport (a passport issued by the owner's relevant organization in the country);

As an exception, the list of documents can be added a residence permit (residence permit). But it is the main only for the category of people who have no citizenship. This may be, for example, refugees from other countries that have deprived of citizenship rights.

Find out more detailed about the main foreign documents can be in art. 10 of Law No. 115-FZ. This article also lists some requirements that are presented to foreigners.

Additional documents for foreigners

Additional personality documents on the territory of the Russian Federation, for foreigners:

  • sailor passport;
  • passport diplomat;
  • refugee certificate.

Many may argue with the fact that the refugee certificate is additional documentbecause in some cases it can be presented instead of a passport. But, in fact, this is a temporary document that allows you to issue full-fledged citizenship or permission for temporary accommodation, and then a residence permit for further presentation in the relevant instances.

Requirements for the main documents of citizens of the Russian Federation

The main documents certifying the identity in the territory of the Russian Federation is a birth certificate and an internal (civilian) passport. No special requirements for these two documents are not presented. They should contain only the following details:

  1. Name, surname and patronymic of the owner.
  2. Photo.
  3. Where and which organization was issued.
  4. Signature and printing an organization that issued a document.
  5. Validity.
  6. Other data that can confirm the identity and status of the owner.

Requirements for major documents of foreigners

As already known, the main foreign documents are a foreigner's passport and an overseas passport. The latter is legal only if the tourist has a valid visa. Exceptions are only citizens of those countries with which the Government of the Russian Federation has signed a visa-free agreement. IN fabric passport Must contain all the necessary details (name, surname, patronymic, photography, the validity period of the owner's visa, etc.), which can confirm the person.

A foreigner of special requirements is not presented to a civilian passport. Is that, he must be necessarily recognized by federal law or concluded agreement between Russian Federation and the native state of a foreigner, as well as contain all the necessary data about the owner.

Documents that are not identity card

There are documents certifying the identity in the territory of the Russian Federation, and there are also those that do not perform this function, and some persons are mistakenly considered as such. These include those that only confirm the statute of a person in society. For example:

  • law certificate;
  • employment history;
  • certificate of civil servant;
  • student's ticket;
  • driver's license;
  • help confirming that a citizen was in custody or served a sentence at the place of imprisonment;
  • other documents that fully may not be those that confirm the personality of a person in the state.

As it was said earlier, the above documents relate to those who do not certify the personality of a person, but only confirm it social status. That is, the law certificate belongs only to a lawyer, and a student card is a student.

Such documents can help, for example, during the purchase of train tickets or plane, when buying alcohol products, cigarettes or some other specific goods, but to make legitimate actions (enter into a working contract, vote in elections, make buy-selling real estate, etc.) will not work with them.