New requirements of migration service for citizens from “migration-dangerous” countries

Recently, the Migration Departments of the Ministry of Internal Affairs (MVD) of the Russian Federation have tightened requirements for foreign citizens from “migration- dangerous” countries.

Restrictions for citizens from migration- dangerous countries 

The restrictions for citizens of migration- dangerous countries may include: 

– Ineligibility to obtain certain or any types of visas 

– Limitations or special requirements for obtaining a visa 

List of migration- dangerous countries 

The list of such countries is regularly updated and may include, for example, the following countries: 

1. China 

2. India 

3. Turkey 

4. Islamic Republic of Iran 

5. Pakistan 

6. Nigeria 

7. Egypt 

8. Qatar 

9. Republic of Iraq 

10. Republic of the Philippines, among others. 

Currently, in Russia, there are restrictions for citizens of migration- dangerous countries on obtaining, for instance, business visas. There are also specific requirements for obtaining a work permit and a work visa, including for highly qualified specialists (HQS). 

New Requirements for Obtaining a Work Permit

The Ministry of Internal Affairs (MVD) has recently tightened the requirements for issuing work permits for citizens of migration- dangerous countries. 

Key Changes: 

1. Preliminary Approval for Document Submission 

   – To obtain work permit or a work visa under HQS status, prior approval of document submission by the MVD is required. 

   – Due to this, the MVD may refuse to accept the document package, especially if the employer is a newly registered company. 

Additional requirements for employers applying for work permit

1. Physical Office Presence 

   – The employer must have a real office at the address specified as the company’s legal address. 

   – The office must be fully equipped and have a functioning workplace. 

   – MVD inspectors conduct on-site inspections to verify the actual presence of the company at the declared address. 

   – If the company is not found at the specified address, the inspector issues a refusal to grant the work permit due to inaccurate employer information. 

2. Actual Business Operations 

    – Employers must prove that the company is engaged in genuine business activities. 

    – The MVD verifies the following indicators of activity: 

    – Existence of counterparties and contracts with them 

    – Presence of real business plans and development strategies 

    – Sources of income to pay wages to foreign employees 

    – Movement of funds in bank accounts and availability of financial resources 

   – Additionally, the MVD may request the employer to justify the necessity of hiring a foreign citizen as an HQS to work for the company. 

   – In some cases, MVD inspectors may require the personal presence of the company’s general director to provide explanations about the company’s activities and the need to hire a foreign citizen as an employee. 

3. Verification of the Foreign Employee’s Qualifications 

   – Proof of the foreign employee’s qualifications is required to confirm their ability to carry out the declared role. 

   – To confirm qualifications, the foreign citizen may submit the following documents: – A letter of recommendation from a current or previous employer 

     – A resume/CV 

     – A diploma or education certificate 

     – Certificates of completed training courses 

     – Copies of extracts from a trade register showing that the foreign citizen is a director or founder of a company 

     – Other documents confirming the individual’s qualifications 

   – All documents in a foreign language must be provided as copies with a notarized translation into Russian. 

These new requirements aim to ensure the transparency and legality of employment processes for foreign citizens and prevent abuses related to migration policies. 

Strategies for Successfully Navigating Migration Procedures 

To successfully navigate migration procedures, companies and their participants should consider several key strategies: 

1. Thorough Preparation of Documents 

   – It is essential to prepare all required documents in advance and ensure their accuracy and completeness. 

   – Errors or omissions may result in the refusal of a work permit or work visa. 

2. Consultations with Experts 

   – It is recommended to seek advice from lawyers or consultants specializing in migration law. 

   – Expert guidance can help avoid common mistakes and speed up the process of obtaining permits and visas. 

3. Business Activity Planning 

   – Companies should plan their business model in advance and demonstrate real business activity. 

   – This approach helps convince migration authorities of the seriousness of the company’s intentions and compliance with legal requirements.  By following these strategies, companies can increase their chances of successfully obtaining migration permits and visas for foreign employees.