Work permit in Russia
A residence permit is a document that gives a foreigner the right to reside in Russia. The validity of a residence permit is unlimited if it is not revoked through the courts. The standard procedure for processing documents requires that a foreigner first obtain a temporary residence permit, then stay in the country for at least a year based on a PRTR, and only then apply to the migration service for permanent residence. However, the law also provides for a simplified procedure for processing documents.
A residence permit provides a foreign citizen with most of the rights, freedoms and obligations that Russian citizens have. Of course, there are exceptions: for example, a residence permit does not allow you to participate in elections or work at military-strategic enterprises. However, this document can be considered a basis for further obtaining citizenship. However, it is not necessary to request the status of a citizen, many foreigners prefer to permanently reside in the Russian Federation based on a residence permit.
However, there are also categories of people who will not be able to get a residence permit to work in Russia under any circumstances. These are foreigners who meet at least one of the criteria listed below:
- Creating a threat to the security of the state and its citizens.
- Support for any terrorist or extremist activity.
- Submitting forged documents or false information about yourself to the state authorities.
- Deportation or administrative removal from Russia that took place within 5 years before applying for a residence permit.
- An effective court decision that finds the applicant guilty of a serious or particularly serious crime, even if the trial took place outside of Russia.
- A criminal record for a serious or particularly serious crime, both in Russia and in any other country.
- More than one administrative offense committed within one year, especially if the violations are related to an attack on public order and public safety.
- Lack of stable income and the ability to support themselves.
- Lack of housing: this rule applies only to foreigners who have lived in the country for at least three years.
- Moving from Russia to another country for permanent residence.
- Entering a fictitious marriage with a Russian citizen in order to obtain a residence permit.
So, a residence permit gives a foreign citizen many advantages that make your stay in Russia pleasant and comfortable. One of these advantages is the ability to work freely and legally in the country.
At the same time, a foreigner can get a job in any Russian company, in any region, which is closely related to another extremely important advantage of a residence permit: the ability to freely change their place of residence within the country, move from one city to another. There is no link to the region where the residence permit was obtained.
Moreover, a foreigner with a residence permit has the right to freely leave the Russian Federation and return. The only restriction is the restriction on the period of stay of a foreign citizen outside the Russian Federation, which should not exceed 6 months (180 days) in total during one calendar year (there are exceptions to this rule). Otherwise, the residence permit is canceled.
So, let us return directly to the possibility of unhindered employment if you have a residence permit. Only foreign citizens who have reached the age of 18 can work. Moreover, foreign citizens who permanently reside on the territory of the Russian Federation and have received a residence permit of the Russian Federation acquire the right to pension provision. Pension payments are made under the same conditions as for Russian citizens.
The main nuance when hiring a Russian employer, whether a company or an individual entrepreneur, a foreign citizen with a residence permit in Russia is the need to notify the migration authorities. To do this, the employer must submit a corresponding notification to the migration Department of the Ministry of internal Affairs of the Russian Federation at the place of employment of the foreigner.
To submit the above notification, the employer is given three days from the moment of concluding an employment or civil contract with a foreign citizen. At the same time, it is necessary to notify the migration authorities not only about the conclusion of the relevant agreement, but also about its termination. This is given the same time frame as in the notification procedure when concluding a contract with a foreigner with a residence permit in Russia.
The huge difference between the employment of those foreigners who have a residence permit to work in Russia, from any other foreign citizens is the absence of the need to obtain a patent, work permit or other permits.
The other duties imposed on a Russian employer when hiring a foreign citizen do not differ much from the duties imposed on Russian employees. Employers must also withhold a 13% income tax on a foreign citizen’s salary (personal income tax). They are also required to pay contributions to extra-budgetary funds of the Russian Federation.
It should be noted that you should enter an employment contract with a foreign citizen for the duration of his residence permit. In all other aspects, foreign workers with a residence permit have the same labor rights as Russian citizens. They have the right to:
- timely payment of wages in full;
- protection of their labor rights and legitimate interests.
However, there are some limitations. Foreign citizens may not be employed in the following areas •
- service in government agencies, including state security agencies;
- military service;
- as part of the crew of Russian ships and aircraft.
It is important to note that since November 1, 2019, most categories of foreigners have an indefinite residence permit. That is, the period of residence permit in Russia is not limited, and there is no need to extend it. The only thing you will need to do is change your residence permit in the following cases •
- reaching the age of 14, 25 and 45 years;
- unsuitability of the residence permit for further use (wear and tear, damage);
- change of personal data;
- detection of inaccuracies or errors.
The exception to this rule is highly qualified specialists who are issued a residence permit for strictly the same period as a work permit.
Thus, we can safely conclude that obtaining a residence permit in Russia is so attractive for a foreign citizen, primarily due to several significant advantages that they have. Among all these advantages, it is worth highlighting the opportunity to work freely on a par with Russian citizens, which is often the main motivation for obtaining a residence permit.
At the same time, do not forget about the duties that are imposed on a foreigner as soon as he receives a residence permit in Russia. Violation of these obligations may result in adverse consequences, ranging from revocation of a residence permit to subsequent expulsion from the Russian Federation.
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