HQS visa in Russia for foreign citizens
Obtaining a work permit and HQS visa for highly qualified foreign specialists
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Despite the fact that a large number of specialists work in Russia, many companies, and especially foreign companies doing business in Russia, still have to resort to the help of highly qualified specialists of foreign origin, since this is required by the specifics of a particular business.
What is an “HQS visa”?
An HQS visa in Russia is actually the status that a foreign citizen gets when obtaining a work permit and a multiple-entry work visa on the basis of a highly qualified specialist application and qualifying under this criteria.
A highly qualified specialist (HQS) is a foreign citizen who has work experience, skills or achievements in a certain field of activity and whose official salary, in most cases, is at least 167,000 rubles per month.
At the same time, the employer independently assesses the competence and qualification level of foreign citizens whom they wish to attract as highly qualified specialists. To assess the qualifications of a foreign specialist, the employer can use the following documents:
- diplomas of higher education/bachelor's/master's/postgraduate studies;
- certificates of advanced training or completion of training courses;
- letters of recommendation from employers;
- CV;
- final qualifying or research papers, as well as publications;
- and other documents.
Advantages of getting the Russian HQS visa
- Highly qualified specialists do not face the problem of limited quotas for entry into the Russian Federation for work purposes, which are valid for other categories of foreign citizens;
- HQS do not face the problem of limited quotas for issuing work permits to foreign citizens, which are valid for other categories of foreign citizens;
- highly qualified specialists do not face the problem of restrictions related to the permissible share of foreign workers employed in various sectors of the economy;
- the requirement to pass the exam in the Russian language does not apply to HQS;
- simplified list of documents;
- obtaining work permit takes 14 working days;
- a company that hires a HQS does not need to obtain a permit to employ foreign personnel;
- HQS`s relatives can enter and live on the territory of the Russian Federation in accordance with a multiple-entry visa, which is issued specifically for accompanying family members for the work permit term. Family members of a highly qualified specialist are recognized as his spouse, children (including adopted ones), spouses of children, parents (including foster ones), spouses of parents, grandparents, grandchildren;
- relatives of a highly qualified specialist can apply for a work permit in the Russian Federation outside the quota in a simplified manner;
- the salary of a foreign highly qualified specialist is subject to a personal income tax of 13% (instead of 30% as for most other categories of foreign citizens);
- the employer does not pay contributions to the pension fund and the social insurance fund, which saves 28.8% of the employee’s salary. HQS pays only injury premiums, which is usually 0.2% for office workers;
- a highly qualified specialist and his family members have the right to apply for a residence permit in a simplified manner for the duration of the work permit;
- if a foreign employee has a previously issued work visa from another employer, then its reissue to a new company is carried out without leaving the country;
- when extending a work permit to a HQS, the validity period of a multiple-entry work visa and visas of accompanying family members can be extended without leaving the Russian Federation;
- all citizens from both countries with visa regime and visa-free countries can be highly qualified specialists.
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For how long is a work permit and HQS visa issued?
- The term of a work permit for a highly qualified specialist can reach 3 years
- A multiple-entry work visa for a highly qualified specialist is issued for the period of validity of a work permit, those up to three years or for a period of 6 months before the expiration of the passport of a foreign citizen
Who can recruit a HQS?
- Russian commercial organizations;
- branches and representative offices of foreign legal entities accredited in the territory of the Russian Federation;
- Russian scientific organizations;
- professional educational organizations and educational organizations of higher education (with the exception of spiritual educational organizations),
- healthcare institutions;
- organizations that carry out scientific, scientific-technical and innovative activities, experimental developments, tests, training of personnel in accordance with the state priority directions of the development of science, technology and technology of the Russian Federation, if they have state accreditation;
- physical culture and sports organizations that carry out their activities on the territory of the Russian Federation, which are not Russian commercial organizations, as well as all-Russian sports federations.
At the time of submitting an application for recruiting highly qualified specialists, the recruiting party must at least meet the following requirements:
- not to have unfulfilled resolutions on the imposition of administrative penalties for violating the regime of stay (residence) of foreign citizens in the Russian Federation or the procedure for their employment on the territory of the Russian Federation;
- a decision on the prohibition to recruit foreign citizens in the Russian Federation as highly qualified specialists should not apply to it.
Who cannot be recruited as a HQS in the Russian Federation?
- Foreign citizens cannot obtain a work permit in the Russian Federation as highly qualified specialists for engaging in preaching or other religious activities, including performing divine services, other religious rites and ceremonies, teaching religion and religious education of followers of any religion.
- An employer company may not hire foreign highly qualified employees for commercial customer service in the process of retail trade in consumer goods (including pharmaceutical products), with the exception of specialists who carry out management activities in retail trade.
Stages of obtaining a HQS visa
Stage 1: Preparation of an application to the relevant ministry for inclusion in the list of foreign citizens who are allowed to enter the Russian Federation.
Stage 2: Preparation of documents for a work permit
To apply for a work permit the following will be necessary:
1. A petition (in three copies)
2. An employment contract with a foreigner signed on both sides, stitched and numbered. The following aspects must be specified in the employment contract:
- the employee is a highly qualified specialist;
- the employer undertakes to provide the employee and his family members with voluntary medical insurance and print the details of the relevant document (the name of the insurance company, the validity period of the policy, the date of issue);
- it is prescribed that the contract is concluded for an indefinite period and is valid on the basis of a work permit series _ _ _ _ No. _ _ _ _ from ___,, validity period _ __ ;
- the main place of work is indicated;
- the salary amount is specified,
- it is written that “The contract comes into force from the moment of obtaining a work permit”, or an exact date is set with the addition “but not before obtaining a work permit”.
3. A letter of guarantee
4. Notification on the conclusion of the contract.
5. A notarized copy of the certificate of accreditation with the Tax Authority of the Russian Federation.
6. A notarized copy of the TIN certificate.
7. Notarized information sheet.
8. A notarized copy of the certificate of state registration of the parent organization.
9. A notarized copy of the Regulations on the representative office of a foreign organization.
10. A notarized copy of the Power of Attorney issued to the head of the representative office of a foreign organization.
11. Color matte photo size 3×4;
12. Payment order for payment of state duty in the amount of 3,500 rubles. It must be made from the account of the company that recruits the HQS.
13. A power of attorney for the delivery of documents in triplicate, if the documents are submitted by a proxy.
14. A copy of the passport with translation notarized.
15. Voluntary medical insurance issued for 3 years.
Stage 3: Submission of documents to the “Sakharovo Migration Center”
The term of consideration of a petition for recruiting a highly qualified specialist is no more than fourteen working days from the date of its receipt by the federal executive authority in the field of internal affairs or its authorized territorial body.
An authorized person has the right to submit documents on the basis of a power of attorney.
Stage 4: Obtaining a work permit at the “Sakharovo Migration Center”
Only a personal visit of a highly qualified specialist is required. He needs to bring:
A work permit for a highly qualified specialist is issued for the duration of an employment contract concluded by him or a civil contract for the performance of works (provision of services), but not for more than three years.
The specified period of validity of a work permit may be repeatedly extended for the duration of an employment contract or a civil contract for the performance of works (provision of services), but not for more than three years for each such extension.
 If, in accordance with an employment contract or a civil law contract for the performance of works (provision of services), it is assumed that a highly qualified specialist will carry out labor activity on the territories of two or more subjects of the Russian Federation, this highly qualified specialist will be issued a work permit valid on the territories of these subjects of the Russian Federation.
Stage 5: Registration of the company with the Ministry of Foreign Affairs and issuing an invitation for a multiple-entry work visa.
It is important to note that a multiple-entry work visa is obtained at the Embassy or Consulate of the country that you specify in the application.
A highly qualified specialist should travel to the country indicated for obtaining a visa and prepare the documents for applying for a visa.
The invitation is issued within 14 working days, then you apply for a visa using it.
After obtaining a work visa, a highly qualified specialist enters the territory of the Russian Federation.
Stage 6: Obtaining a multiple-entry visa for HQS`s family members
For this you will need:
To issue an invitation, you must contact the Migration Department of the Ministry of Internal Affairs of Russia. A visa for an accompanying family member is issued at a Russian consular institution abroad in the state of citizenship, on the basis of an invitation received.
The deadline for providing state services on the application for involvement submitted by the inviting party for issuing an invitation to a highly qualified specialist, as well as on the application submitted in respect of family members of a highly qualified specialist entering the territory of the Russian Federation together with him, is 14 working days.
Obligations of employers who hire highly qualified foreign specialists
In order to avoid abuse by employers of the procedure for attracting HQSs, the state has established for them the obligation to notify the Migration Service about the payment of HQS`s wages.
- Deadline for submitting a notification of payment of wages to the HQS
HQS`s employers must submit quarterly notifications to the Migration Department of the Main Department of the Ministry of Internal Affairs of Russia (hereinafter referred to as the Internal Affairs Department of the Ministry of Internal Affairs) during the month following the last quarter (reporting period.
Important! Administrative responsibility may be imposed for failure to submit a notification or missing the deadline for submitting a notification. The amount of fine in Moscow, the Moscow region, St. Petersburg and the Leningrad region is:
A fine may be imposed for each notification that was not submitted.
If a company often uses the labor of foreigners, it may be denied registration of foreign workers in connection with unsolicited notifications.
- Features of preparation and submission of notification of payment of wages of the HQS
The notification form is established by Appendix No. 7 to the Order of the Federal Migration Service of Russia No. 149 dated 12.03.2015. This means that the notification can only be submitted on this approved form.
Important: Failure to comply with the notification form is equivalent to failure to submit the notification, which entails the imposition of an administrative fine.
Information to specify in the notification:
The notification can be signed by the company’s management person. For example, a director, chief accountant or head of the personnel department (if there is a power of attorney from the head of the company).
The notification may be submitted by any person by proxy. This can be either an employee of the company or a proxy (for example, an employee of a company providing migration services).
Important! If the HQS did not work due to illness, or was on vacation without pay, or for other reasons did not receive wages or did not receive them in full, the employer is still obliged to pay him a salary for the quarter equal to the amount of three months’ income of the HQS.
It is allowed to pay wages less than the established amount if a highly qualified specialist has started working not since the beginning of the month.
The notification of the HQS about the salary of the HQS is submitted to the department of external labor migration that issued the HQS`s work permit.