The main concern of a migrant when moving to new country- the opportunity to receive an official source of income and realize their professional potential. These two components are necessary not only to comply with all migration formalities, but also to secure the standard of living for which, most likely, the whole process was started. It is worth noting that the employment of a foreign citizen who has a residence permit in 2018 is as close as possible to the procedure that the Russians themselves go through, but it will still not be superfluous to know about some of the subtleties.

Those who have approached this stage of legalization are already aware that a residence permit is a permanent status, which is assigned for 5 years and is subject to.

The document is presented with a special blue certificate (green for stateless people), which serves as a foreigner's passport in the Russian state. The main task of a residence permit is to show that its holder has already passed all the preliminary stages that preceded the receipt of this document, and received the right to live and work in the Russian Federation on an equal basis with legal citizens.

A big advantage for a migrant who has moved to this stage is his new rights:

• the ability to move freely within Russian Federation without special notice migration service;
• the prerogative to enjoy all social benefits, including pension and insurance payments;
• a good chance to get a free education in Russian educational institutions, as well as to use free medicine;
• the opportunity to fill a vacant position in any Russian region.

With a residence permit, its owner also receives the right to be enrolled in the staff of any enterprise without. So, let's say, employment of a citizen of Ukraine with a residence permit in 2018 does not require any additional documents from the migration service.

Do not forget about the obligations that are assigned to the holder of a residence permit: compliance with the laws of the Russian Federation, as well as with mandatory confirmation of income.

How to get a residence permit

In fact, anyone can become an applicant for acquiring resident status foreign citizen, which will fulfill the following conditions:

• legally crosses the Russian border;
• will pass the procedure of migration registration;
• and live on its basis in the Russian Federation for at least six months;
• prove that he has his own or rented housing;
• , the source of which does not go beyond the law.

Those who are sick with dangerous diseases and who have an outstanding criminal record have no chance of obtaining a residence permit. For some categories of foreigners, a simplified procedure for obtaining permanent status has been developed. For example, bypassing the stage of registration of RVP.

Since 2015, the fundamentals of the legislation and history of the Russian State have also become mandatory. Subject to all of the above conditions, the candidate has the right to collect the necessary package of papers and apply to the migration service for granting him the status of a permanent resident.

Read more information.

What does formal employment mean?

As an answer to the question of whether it is possible to officially get a job with a residence permit, it is enough to give the definition given to a foreign worker by the Law “On legal status foreign citizens in the Russian Federation” dated July 25, 2002 N 115-FZ (hereinafter referred to as 115-FZ).

Official employment for a migrant is not just a reason to receive wages and be protected by Russian law from illegal actions of the employer. This is also an opportunity to show that he fulfills all the requirements and complies with all the rules, which serves to benefit his good reputation on the way to citizenship.

At the same time, the employer undertakes to make all the stipulated payments to the Pension and insurance funds, to the tax authorities. In other words, official employment provides the employee with all the guarantees and rights regulated by law.

Recruitment on a residence permit

So, we found out that in order to officially work in the Russian Federation, a migrant will need a document that gives him the right to do so. These include:

• work permit;

The hiring of a foreign citizen in 2018 with a residence permit is the same as the admission to the staff of employees with Russian citizenship. Differences can be observed only depending on the migrant's belonging to a certain category. So, for example, there is no need to provide any of the above documents for such persons:

• employees of embassies and consulates;
• employees of international companies;
• accredited journalists;
• participants in the resettlement program for compatriots;
• students of Russian universities who want to find additional income;
• employees in the field of education engaged in scientific or teaching activities;
• specialists who arrived in the Russian Federation to troubleshoot equipment, install it, adjust it, and dismantle it.

To understand how to hire a foreign citizen with a residence permit, you should refer to the Labor Code of the Russian Federation and 115-FZ, which state that the registration of labor relations with foreigners follows the standard scheme: by entering data into the work book in compliance with all formalities .

Important: Russian legislation does not provide for such a rule as termination of an employment contract on the basis of the expiration of documents.

For this reason, it is important to note that a migrant is hired for the period of validity of the residence permit, after which the employment contract can be extended upon presentation of a residence permit extended for a new period.

Find out in more detail about how the relationship between the employer and the employee is built and how it happens.

An important point that the employer must be aware of: is it necessary to notify the Main Department of Internal Affairs of the Ministry of Internal Affairs (the former FMS) in 2018 about hiring a foreigner with a residence permit? We can say with confidence that every enterprise, whether a legal entity or an individual, that has hired a representative of another state, even one with a residence permit, is obliged to notify the migration service of this circumstance.

Moreover, in order to carry out the procedure for hiring a migrant, the company must have a permit for the employment of foreigners.

Documents for employment

Once again, we will dwell on whether a work permit is needed if there is a residence permit. Federal Law 115-FZ clearly states that such a foreigner does not need any additional permits.

Employment in a Russian company requires that the candidate for a vacancy have the following documents:

1. Employment book (with the exception of those who are employed part-time and for the first time).
2. SNILS (except for those who have this work will be first).

The actions of the HR department should look like this:

1. Check the validity of the residence permit.
2. Sign bilaterally.
3. Issue a job order.
4. Keep a work book or make an entry in it if this is not the first job for a foreign applicant.
5. Get him a personal card.

Please note that the company has no reason to demand a military ID from a foreign worker, since such persons are not liable for military service in Russia. As for the work book, only a Russian-style form can be used. For this reason, if an employee has a work book of foreign origin in his hands, the employer is obliged to get him a new one.

To dispel the last doubts about whether a patent is needed if there is a residence permit, we emphasize once again: no, and migrants with a residence permit do not need such a document.

Employing a citizen of another country, Russian company should take into account the specifics of taxation. In turn, employees should not forget that after receiving wages they are required to pay taxes.

It is generally accepted that an employee must pay income tax in the country in which he spent most of the year. When calculating the tax, they take into account not citizenship, but residence - the place of actual residence of the migrant. Thus, the Russian Tax Code recognizes a foreign citizen as a permanent resident, that is, a resident, if he spent more than 183 days a year in the Russian Federation. This means not a calendar year, but one that begins its countdown from the moment the residence permit is issued.

The rate depends on the status of the hired employee. For example, non-residents pay 30% of their income to the budget. But holders of a residence permit are taxed at a rate of 13%. Thus, we can say that in this matter they are equated with legal citizens of the Russian Federation.

Dismissal of foreigners with a residence permit

No less attention should be paid to such an aspect as the dismissal of resident migrants. Since applying for a job with a residence permit in Russia is accompanied by a notification from the migration service, it will be necessary to inform the department even when the employment relationship with the employee is terminated. At the same time, the status of a migrant (owner of a temporary residence permit, residence permit, work permit, HQS status, refugee, etc.) does not matter.

The grounds for dismissal can generally be divided into two groups:

• general, not related to the citizenship of the employee;
• special, characteristic only for migrants.

The first group includes well-known causes:

• the end of the employment contract and the lack of desire or need to renew it;
• the employee's own desire;
• mutual consent of the parties;
• at the initiative of the employer;
• due to circumstances beyond the control of both parties.

Special reasons may be:

• exceeding the allowable number of foreign employees in the enterprise;
• expiration of the permit to accept foreign labor force;
• cancellation of residence permit.

As already mentioned, an employer cannot dismiss an employee just because his residence permit has expired. There are two options to solve this problem:

• an employment contract is concluded only for the period of validity of the residence permit, after which it is extended upon presentation of a prolonged certificate;
• if during the term of the employment contract the validity of the residence permit expires, the employee is suspended from performing his duties. He has exactly 30 days to extend the residence permit. If the situation does not change during this period, the employer has the right to dismiss the migrant.

Dismissal is carried out on the basis of an application from an employee and an internal order.

Getting a job with a residence permit in Moscow and the regions

Let's see if it is possible to work with a residence permit in another region of Russia. Yes, the holder of a residence permit can look for work in any city of the Russian Federation he likes, and not only where the certificate was issued and registration was completed. The only condition is .

This means that with a residence permit you can work in any region, but only after the employee registers at the place of residence. This requirement, by the way, is no exception for foreigners. Its action extends to the Russians.

So, what do you need to work in Moscow with a residence permit in the Moscow region? The algorithm of actions is simple:

1. Find a job.
2. Contact one of the territorial offices of the Main Department of Internal Affairs of the Ministry of Internal Affairs in Moscow with. If we are talking about a permanent residence permit, then there is no need to go to the old place of residence in order to register. Deregistration takes place automatically along with registration at a new place of residence.
3. Provide a residence permit with a new residence permit to the employer.

Work in Moscow for foreigners with a residence permit also does not require any additional permits. The main thing is that the document has a valid period, and the enterprise itself has a paper confirming its right to employ foreign citizens.

For those who decide to settle in the capital region, it would be useful to know what vacancies open work for migrants with a residence permit in Moscow. The following professions are still in demand:

• builders;
• auxiliary workers;
• service personnel in restaurants, hotels, nightclubs;
• nannies/housekeepers/teachers;
• sellers.

Highly qualified specialists in all sectors of the economy, as well as IT specialists and security officers, remain attractive to Russian employers. It is worth noting that the most demanded job for migrants with a residence permit in 2018 is security. Here, however, you will have to go through an additional check and present a military ID, which in this case is more of a specific need than a requirement.

But count on government positions or work on board international maritime or aircraft migrants still can't.

Reasons for refusal when applying for a residence permit

The circumstances that may lead to the fact that the employer will be forced to refuse to hire a foreign employee can be divided into general and special ones, by analogy with the reasons for dismissal. Common ones include:

• non-compliance of the qualifications of the candidate with the requirements of the employer;
• insufficient work experience;
• providing false information in a resume;
• lack of necessary knowledge from the applicant to perform certain duties.

Of the special reasons why they are not hired with a residence permit, two main ones can be named - an expired residence permit certificate and the employer’s lack of permission to receive foreign employees. Please note that with an expired residence permit, a foreigner not only cannot get a job, but also stay in the Russian Federation.

The legislation provides that neither by gender, nor by race or religion, and even more so by social status, the employing company does not have the right to refuse to hire an applicant.

What documents to require from a foreigner when applying for a job: Video

In 2017, foreigners in Russia have many options for legal residence and the opportunity to be officially employed.

Temporarily staying migrants include migrants who stay in the Russian Federation on a visa or visa-free regime, while the migration card allows you to stay 90 days. However, provided that an employment contract is concluded, the validity of the migration card can be extended for a year.

Temporary residents include foreigners with. This status is provided for 3 years without the right to renew. From such migrants, the law of the Russian Federation requires annual confirmation of a residence permit and financial security for the maintenance of themselves and their minors, incapacitated or disabled family members.

Migrants who have registered belong to the category of permanent residents. The status is valid for 5 years with the right to unlimited renewal.

Any migrant who has expressed a desire has the right to expect to receive a residence permit - a certificate confirming the legal grounds of a foreign citizen to live in the Russian Federation, move freely throughout the country and cross its borders. Besides the presence of this status allows you to find a job without specially issued documents for work. In fact, the law gives foreigners who have a residence permit all the rights provided for by the Constitution of the Russian Federation. A retreat is the political right - participation in elections and nomination of a candidate in elections to authorities at all levels.

The requirements to apply in 2017 are as follows:

• residence in Russia for a year or more;
• the availability of income, the receipt of which does not contradict Russian laws;
• the presence of own housing or living space provided for registration for 5 years by relatives, acquaintances or a landlord;
• previously obtained permission to temporarily reside in the Russian Federation, valid for at least six months;
• be an applicant from the category of citizens who have the opportunity to obtain the status of a residence permit without a issued TRP.

Possible Applicants

So, a foreigner can become an applicant in 2017: capable and incapable, adult and minor, able-bodied and disabled. That is, any willing migrant who has previously accepted the status of a temporary resident.

However, there are groups of persons whom the law has given the full right to submit documents immediately, bypassing obtaining the status of a temporary resident - these are citizens of Belarus, Turkmenistan, native speakers of the Russian language and highly qualified specialists (HQS) with their families.

Documents for residence permit

The collected documents are submitted to the Federal Migration Service at the place of intended registration. The issuance of a certificate occurs after consideration and approval by the FMS body after 6 months. In 2017, the following documents are presented:

• passport or, in its absence, any other document proving the citizenship and identity of the migrant;
• application (Appendix No. 3) - 2 copies;
• 4 matte photos in color or black and white. When photographing are not allowed: glasses with dark glasses; hats, in cases that do not contradict religious beliefs;
• RVP mark with registration;
• marriage certificate, divorce certificate, death certificate;
• a document certifying financial solvency at the subsistence level (certificate of salary from the place of employment; certificate of income of a person who supports a foreign citizen; certificate of a pensioner; bank account statement; certificate of alimony accrual; patent with a receipt that confirms the payment of taxes for income)
• paid state duty (3500 rubles);
• a medical certificate, including confirmation of the absence of HIV and infectious diseases, as well as that the migrant does not suffer from drug addiction.

  
  

  For children under eighteen years of age, as well as over eighteen, but who are recognized as limited in capacity or incompetent, the following documents are attached to the main list:

  • application (Appendix No. 4) - 2 copies;
  • notarized consent of a child from 14 to 18 years old to live in the Russian Federation;
  • certificate of incapacity;
  • birth certificate or, if provided by the law of a foreign state, a passport;
  • document on guardianship, guardianship, adoption.

  The law provides for the submission of originals, which will be returned, and their copies and translations, certified by a notary, are attached to the file.

  Only foreigners who have reached the age of fourteen receive a residence permit. Whereas the information of children of the younger age category is entered in the certificate of both parents.

  In 2017, confirmation of the issuance of a residence permit is reported no later than six months, therefore, it is necessary to submit the relevant documents six months before the termination of the RWP.

  
  

  Conditions for citizens of Belarus and Turkmenistan

  For a foreign citizen of Belarus and Turkmenistan, documents proving their citizenship or its absence are added to the main list. That is, this is confirmation that, under Russian law, these migrants can apply for a residence permit in a preferential regime.

  Package of documents for participants of the State Program

  For this group of persons, the consideration and subsequent issuance of a certificate takes place not two months after the presentation of the following:

  • required sample - 2 copies:
  • Annex No. 3 (to be completed for persons who have reached the age of eighteen and are capable);
  • Appendix No. 4 (for minors and incapacitated);
  • passport;
  • immigrant certificate;
  • photo - 4 pcs.;
  • medical examinations;
  • payment of state duty;
  • birth certificate of the child;
  • certificate of incapacity or limitation in capacity;
  • certificate of guardianship or custody of the child.

  Voluntarily resettling compatriots submit an application no later than two months before the end of the RWP.

  
  

  Preferential treatment for highly qualified specialists and native speakers of the Russian language

  As for persons who are allowed to issue a residence permit without having the status of a temporary resident, here the main documents for submission differ as follows: the sample application is different; Documents certifying eligibility must be attached.

  Registration of the status of a residence permit for highly qualified specialists and their family members involves the preparation of the following documents:

  1. Application of the required sample - 2 copies:
     • Appendix No. 5 for HQS and family members over the age of eighteen and capable;
     • Appendix No. 4 for minors and incompetent family members of the HQS.
  2. Employment contract for an employee (both for the HQS and his family members).
  3. Photo - 4 pcs.
  4. national passport.
  5. Marriage certificate (attached by spouse).
  6. State duty.
  7. Documents on the degree of relationship for family members.

  Consideration and subsequent issuance of the certificate takes place no later than 3 months.

  
  

  Persons recognized as native speakers of the Russian language prepare:

  1. Application of the required sample (Appendix No. 3) - 2 copies.
  2. Renunciation of citizenship certified by a notary.
  3. Passport.
  4. 4 matte photos in color or black and white without dark glasses and a headdress, in cases that do not contradict religious beliefs.
  5. Marriage certificate.
  6. A document indicating the provision of a living wage.
  7. Conclusion of the commission on recognition as a native speaker of the Russian language.
  8. Paid state duty (3500 rubles).
  9. Medical examination, including confirmation of the absence of HIV and infectious diseases, as well as the fact that the migrant does not suffer from drug addiction.

  Residence permit registration

  If the answer is positive, the migrant must register at the place of intended residence within seven days. Registration has the form of a mark in the residence permit indicating the address of residence foreign person. To do this, the FMS inspector must provide the following:

  

  Residence permit confirmation

  A foreigner, having received a residence permit, must complete and submit a sample notification after each year, thereby confirming his location in the Russian Federation.

  Cancellation and refusal

  The FMS department can either accept the application or refuse to accept it for consideration, and, of course, cancel the residence permit if the applicant:

  • provided false data in advance;
  • is a carrier of dangerous infectious diseases;
  • has an expired passport;
  • financially incapable of supporting himself and his family;
  • continuously stayed abroad for more than six months in a year;
  • has administrative violations.

  When canceling the status in Russia, the migrant is subject to expulsion, without the possibility of recovery, within 15 days.

  
  

  Residence permit certificate

  A residence permit looks like a passport with a blue cover for a foreign citizen and a green one for stateless persons. A photo with personal data is pasted into the certificate, a registration mark is also put there. At the same time, the national passport of the migrant is not withdrawn. However, the law insists on presenting a residence permit in any institution in Russia.

  Employment in Russia

  Federal Law No. 115-FZ of July 25, 2002 defines a foreign worker as a foreign citizen who is temporarily in the Russian Federation and is engaged in labor activities within the framework of the law.

  This means that the employment of a migrant must be carried out according to one of the documents valid within the state: a residence permit, a temporary residence permit, a work permit.

  The employment procedure directly depends on the status of migrants in Russia. So, for example, this law lists persons who are not required to issue any statuses and permits for employment in the Russian Federation, namely:

  
  
  

  Migrants with a residence permit have the right to work in Russia on the same conditions and with the provision of the same social security like the Russians. These rights include the ability to:

  • to dispose at one's own discretion of one's abilities to work;
  • independently choose a profession;
  • insist on creating a safe working environment;
  • go on vacation while performing work duties;
  • receive payment and bonuses for work (according to the Federal Law, according to the accepted minimum payments).

  They are also not required to draw up any special documents allowing them to work, and they are not required to notify any state departments about various events of the foreign citizen's labor activity (registration at an enterprise, transfer from one position to another, dismissal from work).

  In order to correctly enroll a foreign citizen with a residence permit for work, one should comply with the Labor Code of the Russian Federation and Federal Law No. 115-FZ. A future employee, having a residence permit and getting a job, must present the following documents to the employer:

  
  
  

  The personnel department, accepting a new employee with a residence permit, must.

Question

The organization employs: a citizen of Tajikistan, the citizen has documents available: a residence permit in the Russian Federation until 2020. TIN in the Russian Federation, SNILS RF. How does the organization design such an employee? What contributions should the organization transfer to the FSS and PFR funds? how much personal income tax to pay as a tax agent?

Answer

When hiring a foreign citizen, in accordance withArt. Art. 65, 327.3 Labor Code of the Russian Federation, must present the following documents to the employer:

1) passport or other identity document (paragraph 2 of part 1 of article 65 of the Labor Code RF);

2) a work book, with the exception of cases when an employment contract is concluded for the first time or an employee goes to work on a part-time basis (paragraph 3, part 1, article 65 of the Labor Code of the Russian Federation);

3) an insurance certificate of compulsory pension insurance (paragraph 4, part 1, article 65 of the Labor Code of the Russian Federation);

4) military registration documents - only in cases established by federal laws, international treaties of the Russian Federation, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation (part 3 of article 327.3 of the Labor Code of the Russian Federation);

5) a document on education and (or) on qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training (paragraph 6, part 1, article 65 of the Labor Code of the Russian Federation);

6) a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds.

7) residence permit - when hiring a foreign citizen permanently residing in the Russian Federation. Exceptions may be established by federal laws or international treaties of the Russian Federation (paragraph 5 of part 1 of article 327.3 of the Labor Code of the Russian Federation).

When hiring, an employment contract with a foreign citizen is concluded in the same manner as with an employee - a citizen of the Russian Federation.

However, there are a number of features that must be taken into account, in particular, when concluding an employment contract with foreigners.

An employment contract can only be concluded with a foreigner who has reached the age of 18, unless otherwise provided by federal laws (part 3 of article 327.1 of the Labor Code of the Russian Federation, paragraph 1 of paragraph 4 of article 13 of Law N 115-FZ).

The employment contract is concluded in Russian and, if necessary, can be translated into a language understandable to a foreign citizen (Article 68 of the Constitution of the Russian Federation, clause 1, part 1, article 3 of the Federal Law of 06/01/2005 N 53-FZ.);

An employment contract with a foreign citizen must contain all the necessary information and mandatory conditions provided for in Art. 57 of the Labor Code of the Russian Federation. In addition, the employment contract must include the following information and conditions for foreigners, permanent residents on Russian territory:

- information about the residence permit, except for cases established by federal laws or international treaties of the Russian Federation (paragraph 4, part 1, article 327.2 of the Labor Code of the Russian Federation).

An employment contract with a foreigner can be concluded both for a fixed period and indefinitely. At the same time, a fixed-term employment contract is concluded only in cases provided for in Art. 59 of the Labor Code of the Russian Federation. This is provided for by Part 5 of Art. 327.1 of the Labor Code of the Russian Federation.

Employers attracting foreign citizens are obliged to notify the territorial body of the federal executive body in the field of migration in the subject in whose territory such foreigners work, of the conclusion of labor contracts with them. Relevant information must be submitted no later than three working days from the date of conclusion of the contract. It's provided par. 1 p. 8 art. 13Law N 115-FZ.

personal income tax

In your case, the personal income tax rate will depend on the tax status of a foreign employee (clauses 1, 3 of article 224 of the Tax Code of the Russian Federation):

- 30% - if he is a non-resident;

- 13% - if the tax resident of the Russian Federation.

A tax resident of the Russian Federation is an individual who, as of the date of receipt of income, is in the territory of the Russian Federation for at least 183 calendar days within 12 consecutive months (clause 2 of article 207 of the Tax Code of the Russian Federation, Letters of the Ministry of Finance dated 01.09.2016 N 03-04-05 / 51258, dated April 26, 2012 N 03-04-06 / 6-123).

The actual time spent on the territory of the Russian Federation by such Russians, as well as your foreign employees, will be confirmed, for example, by a copy of the employee’s international passport with border crossing marks, a migration card, a time sheet, orders for sending on a business trip, receipts for hotel accommodation, travel tickets and other documents confirming the presence of the employee in Russia (Letters of the Federal Tax Service of 06.09.2016 N OA-3-17 / 4086, the Ministry of Finance of 13.01.2015 N 03-04-05 / 69536 , dated 06/28/2012 N 03-04-06 / 6-183).

As for the residence permit, the Ministry of Finance of Russia notes that in accordance with the provisions of paragraph 1 of Art. 2 of the Federal Law of July 25, 2002 N 115-ФЗ “On the Legal Status of Foreign Citizens in the Russian Federation”, a residence permit is a document confirming the right of a foreign citizen or stateless person to permanent residence in the Russian Federation, as well as their right to free exit and entry into the country. That is, a residence permit confirms the right individual for residence in the Russian Federation, and is not a document confirming the actual time of his stay in the country (see also Letters of the Ministry of Finance of Russia dated 17.07.2009 N 03-04-06-01 / 176, dated 26.10.2007 N 03-04- 06-01/362).

Insurance premiums

The accrual of insurance premiums to the PFR, FSS, FFOMS for payments to a foreign worker does not depend on whether he is a tax resident of the Russian Federation or a non-resident. The procedure for calculating contributions depends on the citizenship of a foreigner and his status:

- a refugee;

- who received temporary asylum in the Russian Federation;

- a citizen of a state - a member of the EAEU;

- permanently residing in the Russian Federation;

- temporarily residing in the Russian Federation;

- temporarily staying in the Russian Federation;

- a highly qualified specialist.

Payments accrued in the framework of labor relations to foreigners permanently or temporarily residing in the Russian Federation are subject to contributions to the Pension Fund, Social Insurance Fund and FFOMS in the usual manner (part 1 of article 7 of Law N 212-FZ, clause 1 of article 7 of Law N 167- Federal Law, article 10 of Law N 326-FZ, article 5, paragraph 1 of article 20.1 of Law N 125-FZ, part 1 of article 2 of Law N 255-FZ, Letter of the Ministry of Labor of 09.02.2016 N 17-3 / B-48). That is, the same as the payments to the Russians.

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