New forms
From 01/01/2021, Order No. 536 of the Ministry of Internal Affairs of Russia dated 07/30/2020 came into force, which updates the forms of reports to government agencies about interaction with foreign workers. The following documents will change:
- the form of an application from a foreign citizen (stateless person) to engage him as a highly qualified specialist and the procedure for filling it out;
- form of notification of employment of a foreign citizen (stateless person) by an organization providing services for the employment of foreigners in the Russian Federation, and the procedure for its provision;
- form of notification of the fulfillment by employers and customers of work (services) of obligations to pay wages to a foreigner - a highly qualified specialist and the procedure for submitting it;
- forms of notifications about the conclusion or termination of an employment or civil contract for the performance of work (provision of services) with a foreign citizen (stateless person) studying in the Russian Federation full-time in a professional educational organization or educational organization of higher education according to the main professional educational program that has state accreditation and rules for their preparation;
- form of notification of granting unpaid leave lasting more than one calendar month during the year to a foreign citizen (stateless person) studying full-time in the Russian Federation in a professional educational organization or educational organization of higher education under a basic professional educational program that has state accreditation, and the procedure for its provision;
- form of notification of the completion or termination of training of a foreign citizen (stateless person) carrying out labor activities in the territory of the Russian Federation and studying (student) full-time in a professional educational organization or educational organization of higher education under a basic professional educational program that has state accreditation, or about granting this foreign citizen (stateless person) academic leave and the procedure for providing such notification;
- forms of notifications about the conclusion and termination of an employment contract or a civil contract for the performance of work (provision of services) with a foreign citizen (stateless person) and the rules for their preparation.
Simultaneously with the entry into force of new forms, the old ones lose their force and cannot be used.
There are two important changes:
- Now there is no need to enter the details of the migration card and the address of stay (place of residence) of the foreigner;
- Clause 3.1 of the document is easier to fill out: the corresponding wording is already included in the form, you only need to enter the number of the required subclause and paragraph of Art. 13 115-FZ. If a foreigner works on the basis of international agreements, their name is entered in the lines provided for this.
Regarding the procedure and terms of provision, the following has changed:
- clarified the information that should be contained in the inscription on the sheet certifying the bound notification: surname, initials, signature of the representative of the organization submitting the notification;
- number of sheets;
Hotel check-in
Initially, when a citizen of another country crosses the border, he is obliged to register within 7 days, that is, to formalize migration registration, which will subsequently serve as the basis for obtaining a temporary residence permit / temporary residence permit in the country.
A foreign citizen is required to register within 7 days
Most often, citizens of other countries register in the living area of the host country.
On July 8, 2021, Federal Law No. 163 of June 27, 2018 came into force, which states that a foreign citizen cannot register for migration at the place of employment, and also clarifies the definition of “receiving party.” You can download the new law here.
But it happens that foreigners stay in hotels. According to the law, if a resident of another country arrives in Russia and stays at a hotel, he is also required to register.
But it should be remembered that the registration procedure for a guest staying at a hotel is somewhat different. The hotel administrator is obliged to notify the territorial body of the Russian Ministry of Internal Affairs about the arrival of a resident of another country within 24 hours.
An application confirming the arrival of a foreigner is filled out in 2 copies, one of which remains with the Administration of the hotel complex for one year. After notification, the hotel administration is obliged to put a stamp on the tear-off part as a sign of confirmation of the foreign guest’s stay at the hotel.
If a resident of another state has been living in a hotel for more than a year on the basis of a temporary residence permit, then he also undertakes to notify the migration service about this within a 2-month period from the expiration of the temporary temporary residence permit.
Why is it important to use only approved forms?
In accordance with legal requirements, employers who use foreign labor are required to submit information on the conclusion and termination of employment contracts or civil service agreements with each individual migrant. Moreover, the form for hiring and dismissal of a foreign citizen is approved by law.
Based on Part 3 and Part 4 of Art. 18.15 of the Code of Administrative Offenses of the Russian Federation, companies are held accountable for violating the procedure for submitting such information and for failure to comply with the notification form. The fine in this case, according to the court decision, is:
- for citizens - from 2000 to 5000 rubles;
- for officials - from 35,000 to 50,000 rubles;
- for legal entities - from 400,000 to 800,000 rubles, or the company will be closed for a period of 14 to 90 days.
If the offense was committed in Moscow, St. Petersburg, the Moscow or Leningrad regions, then the sanctions are noticeably higher: up to 1 million rubles for legal entities and up to 70,000 rubles for officials.
And these are not only threats. Judicial practice confirms that an employer who notifies the migration department of the Ministry of Internal Affairs about the conclusion or termination of an agreement with a foreigner in the wrong form will be subject to such fines. The latest example is the resolution of the Supreme Court of the Russian Federation dated December 27, 2018 No. 127-AD18-6. Despite the fact that the company sent information about the termination of the contract with a foreign employee on time, it submitted the information in a form that did not comply with the established one. And the court recognized the fine of 200,000 rubles as legal, specifying that the employer “did not properly fulfill the duties assigned to him by law.”
Read more: How to properly hire a foreigner
Notice of hiring a foreign citizen
Although the legal registration of foreigners is a rather complicated undertaking, their illegal registration is almost guaranteed trouble for the enterprise and large fines. If the employer has decided to hire a foreign specialist, he will have to spend some effort to properly formalize it, including notifying the conclusion of an employment contract with foreign citizens.
The procedure for applying for a job depends on the status of a foreign citizen. There are five statuses:
- Temporary stayers - such foreigners work on a visa or migration card.
- Temporary residents have already received a temporary residence permit.
- Permanent residents are foreigners with a residence permit.
- Citizens of EAEU member countries (Kazakhstan, Armenia, Belarus, Kyrgyzstan).
- Refugees or citizens who have received temporary asylum in the Russian Federation.
In what cases and who to notify if a foreign citizen is hired is determined by clause 8 of Art. 13 115-FZ. The employer is obliged to inform the Russian migration authorities about the provision of a job (but not the tax authorities - this obligation of the employer was canceled on 01/01/2015 after the adoption of amendments to 115-FZ). Now these functions are performed by the Ministry of Internal Affairs in the field of migration at the location of the legal entity.
IMPORTANT!
Notifications of hiring a foreign citizen to the Federal Migration Service have not been submitted since 07/01/2016. The Directorate of the Federal Migration Service (FMS) came under the jurisdiction of the Ministry of Internal Affairs and now exists as the Main Directorate for Migration Issues (GUVM).
It must be remembered that it is not possible to legally hire any foreigner (this does not apply to residents of the EAEU), but only one who is allowed to work on the territory of the Russian Federation. There are two types of such permission:
- Work permit, which is obtained by “visa” foreigners.
- A labor patent that visa-free workers and refugees receive.
Procedure for employing a foreign citizen
The process of searching for a job and concluding an employment contract is a complex and exciting undertaking, regardless of the country in which it takes place. True, the level of difficulty for locals and foreigners is not the same. As a rule, it is much more difficult for the latter to fill a vacant position. Even after receiving the employer’s consent in principle, a migrant must resolve a lot of issues related to his stay and work in the country.
What a potential employee will have to face, where and how to apply, is described in more detail in the publication on the employment of foreign citizens in the Russian Federation.
Notice deadline
When concluding an employment and/or civil law contract with a foreign employee, a legal entity must remember that documents must be submitted to regulatory authorities within a period not exceeding three working days. It is necessary to report to the territorial division of the Main Directorate for Migration. A notice of employment is submitted for each foreign employee separately. For failure to comply with this deadline, the employer will be held administratively liable or, more simply put, fined.
ConsultantPlus experts analyzed what risks an employer faces if the notification already sent to the appropriate authority about the conclusion of an employment contract or civil service agreement with a foreign citizen erroneously does not indicate the date of signing the contract. Use these instructions for free.
How to notify
The completed form must be sent to the territorial unit of the Main Department of Migration Affairs of the Ministry of Internal Affairs, and this can be done in several ways. The first is to follow the traditional path that has been proven over the years, that is, to personally appear at the territorial office of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs and submit documents. There are other options: use postal services or the capabilities of the World Wide Web.
Personal visit to the Main Migration Department of the Ministry of Internal Affairs
An employer, when concluding an employment contract with a migrant or signing an application to dismiss a foreign worker, understands that in the near future a notice will have to be prepared and submitted to the authorized bodies. Why do many people prefer to come to the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs and submit documents? After all, whatever one may say, a visit to the migration department involves a guaranteed wait in line.
However, there is a significant plus: although it will take some time, the employer will know for sure that the notification was accepted by the department’s employees. If any shortcomings are identified, the employer will be able to receive the necessary explanations, as they say, first-hand.
Mailing
Another way is to send a notification by mail about hiring a foreign worker or terminating an employment contract. In this case, an inventory of the investment and a notification of delivery must be completed. The latter is returned to the sender as confirmation that the addressee received the letter.
Notification can also be sent via email. Then a scanned copy of the completed form must be attached to the letter. The employee of the Main Department of Migration Affairs of the Ministry of Internal Affairs who received the letter must send a response no later than the next working day confirming that the notification has been received and accepted.
State Services Portal
The legislation provides for the use of an electronic portal for state and municipal services. But, unfortunately, it is impossible to submit a notification through the State Services portal, since at the moment this service is not in its catalog.
How to report to the Ministry of Internal Affairs about foreign workers
We have three working days from the date of signing the employment agreement to submit a notification to the Main Department of Migration about the work of a foreign citizen.
Our legislation allows the following methods of sending notification:
- Take it to the GUVM office in paper form. In this case, the GUVM employee who accepts this document checks the correctness of completion and the correctness of the data provided. When submitting in person, you must have with you documents proving the authority and identity of the notifier.
- Send by mail. In this case, the shipment is issued as a registered letter, to which a list of the contents and two copies of the delivery receipt should be attached. After delivery of the letter to the addressee, you will receive part of the form with a receipt mark, which is proof of the timely execution of the statutory notification of the Main Directorate of Foreign Affairs about the hiring of a foreign citizen.
- Through the government services website (this option is formally available, but in practice it causes certain difficulties).
All forms have undergone some changes, but the basic requirements remain the same. The current procedure for filling out a notice of hiring a foreign citizen is approved by appendix. 9 to 536 order of the Ministry of Internal Affairs. The following must be taken into account:
- Entries are made in Russian. It is necessary to write legibly; forms with strikethroughs, corrections, or abbreviations are considered invalid. The data written in Latin on the foreigner’s identity card is transferred to the form also in Latin.
- You will need to enter the following information in the form:
- information about the employer: full name and form of ownership (for individuals - full name);
- status (legal entity, individual entrepreneur, lawyer, individual, etc.);
- number in the Unified State Register of Legal Entities;
- code of main activity according to OKVED;
- Checkpoint and Taxpayer Identification Number (if available);
- legal address and telephone number;
- employee information:
- FULL NAME.;
- Date and place of birth;
- citizenship;
- Passport (or other ID) details;
- number and date of migration card;
- patent number (work permit);
- registration address at the place of residence and date of registration;
- profession and other information about work activity;
- type of contract concluded with the employer (labor or civil law).
- The application is signed and sealed with the seal of the enterprise. If a document contains more than two sheets, it must be bound and certified with a sheet with an inscription containing information about the number of sheets bound and the person signing the notification. Let us remind you that both the director and any authorized person, by proxy, are allowed to submit a notice of admission of a foreign citizen from an organization.
Here is an example of filling out the form:
What information does a notice of dismissal contain?
If an employment/civil contract with a foreign worker is terminated for any reason, the employer must notify the territorial unit of the Main Department of Migration Affairs of the Ministry of Internal Affairs. This is done in the same way as in the case of concluding such an agreement - by means of notification. And in general, the procedure for notifying the Main Directorate of Migration Affairs of the Ministry of Internal Affairs about the dismissal of a foreign employee is almost identical to that used for cases of hiring migrants.
True, there are small, but nevertheless important differences. They relate to information that must be reflected on the form.
Employer information
This part of the form contains the same information about the employer that is filled out in case of notification of the conclusion of an employment contract:
- status;
- Kind of activity;
- name/full name;
- information about title documents/passport data;
- TIN, checkpoint;
- address;
- phone number;
- passport data, series, number and date of issue of the power of attorney (if the notification to the migration service about the termination of the employment contract with a foreign employee is submitted by an authorized representative of the employer).
Information about a foreign employee
There is nothing new here either; the form provides a standard list of information about a foreign citizen:
- FULL NAME;
- citizenship;
- place and date of birth;
- identity document details;
- number and date of issue of the migration card;
- address and date of registration for migration;
- information about a work permit/patent or grounds allowing employment without permits;
- profession.
In addition, the standard notice contains the following information about the agreement between the employee and the employer:
- type (labor or civil law);
- termination date;
- on whose initiative it was terminated.
How to fill
When issuing a notice of termination of an employment contract with a foreign citizen, the employer must adhere to the rules already mentioned. In this case, corrections/abbreviations/abbreviations are also unacceptable; you can fill out the form in any convenient way (manually or on a computer), but always in Russian. The requirement of "one employee - one notice" must be strictly observed.
Notification upon termination of an employment contract
Notification of dismissal is also a fairly strictly regulated process, mistakes in which are costly.
The step-by-step process of informing the GUVM about the dismissal of a foreign employee looks like this:
- Complete termination notice forms.
- Check completed papers for errors.
- If necessary, stitch, certify, sign and affix the organization's seal.
- Submit the document to the GUVM in person or by mail (similar to submitting an application for employment).
The GUVM should be informed about the termination of an employment contract with a foreigner within 3 days from the date of termination of the working relationship and about each dismissed employee separately.
FAQ
We will answer a few more regularly encountered questions related to the reception of foreign citizens and notification of the competent authorities.
I am going to contact the OMV in person, in which cases should I print out Appendix No. 3 to the procedure for employers or customers of work (services) submitting notifications about the conclusion and termination (termination) of an employment contract or a civil contract for the performance of work (rendering services) with a foreign citizen, and do you need anything else?
This application is a certificate issued to the employer upon personal submission of notice. The procedure stipulates that the OMV inspector confirms the fact of acceptance of information about the admission (dismissal) of a foreign citizen by issuing such a certificate to the applicant. In reality, employees, not having time to prepare and record such documents, often limit themselves to putting a stamp on the second copy of the notification with the date and data of the specialist who accepted it. This option is found to be correct during testing.
In any case, when contacting the OVM, there is no need to print out Appendix 3 (certificate), but we recommend stocking up on a second copy of the acceptance notice.
We hired a Tajik with a residence permit, from which moment notifications are submitted to the migrant department for foreign workers with a residence permit. service, and in what cases there is no such obligation
Within 3 working days from the date of receipt. The obligation to report hiring and dismissal applies to all foreign workers, regardless of their status. But if an employee received a residence permit already in the process of work, there is no need to report this to the OMV.
When and how to correctly write an application for employment of foreign citizens, where to submit it, and within what time period
The legislation does not establish the need to write an application for admission either for Russian or for foreign workers. If you consider it necessary, then its form is approved independently by the internal LNA of the organization. In any case, such a document is intended for internal use only and is not for sale anywhere.
What is Annex 7 of the notice for the employment of a foreign worker in the Ministry of Internal Affairs and where exactly and when is it submitted?
Appendix 7 to Order No. 536 of the Ministry of Internal Affairs approved the form of notification of hiring a foreign citizen. It is submitted to the OMV whenever foreigners are hired, for each employee separately.
What are the deadlines for providing notice to VK about hiring and what to do if you violate
In general, you should report to the military registration and enlistment office within two weeks. But this obligation applies only to workers liable for military service. Foreign citizens are not such and are not subject to military registration. There is no need to report them. But if a foreigner receives Russian citizenship during the period of work, he must be sent to the military registration and enlistment office for military registration.
Do I need to notify the employment service and the Federal Tax Service?
Not long ago, the migration legislation revised the issue of where to send notification of the attraction and use of foreign workers. Previously, employers were required to notify three institutions at once about their labor relations with foreigners: the Federal Migration Service, the territorial inspectorate of the Federal Tax Service (hereinafter referred to as the Federal Tax Service), as well as the employment service. Innovations have greatly simplified life for those who attract foreigners to work and enter into contracts with them.
Since 2015, the employer is no longer required to send a notification to the tax office about hiring a foreign worker, as well as about terminating a contract with him; in addition, amendments to the law freed employers from the obligation to notify the employment service about all concluded and terminated employment/civil contracts. -legal agreements with foreign citizens.
Now the notification needs to be submitted only to the department of the Main Department of Migration of the Ministry of Internal Affairs.
Thus, a notification to the Federal Tax Service about the hiring of a foreign citizen is sent directly by employees of the migration service. This is done electronically through a unified system of interdepartmental interaction. Of course, notification of tax authorities about the termination of employment contracts with foreigners is carried out according to the same algorithm. Why do you need to notify the tax department?
The fact is that, among other things, the tax service is entrusted with the functions of monitoring the payment of taxes, and in tax legislation there are many nuances relating to citizens of the Russian Federation and foreign guests.
You can read about who residents and non-residents are, how they differ and how this relates to taxes in the article on taxation of foreign workers.
When it comes to the employment of a migrant, the greatest interest is in the personal income tax (hereinafter referred to as personal income tax), and the procedure for its payment depends on the document on which the foreigner is working - a work permit or a patent.
But what happens to personal income tax if a migrant has the right to work without permits? What are the current rates for this tax? The answers to these and many other questions are contained in the material on paying personal income tax for foreign workers.
Normative base
Order of the Ministry of Internal Affairs of Russia dated July 30, 2020 No. 536 “On approval of the form of application of a foreign citizen (stateless person) to engage him as a highly qualified specialist and the procedure for filling it out, as well as forms and procedures for notifying the Ministry of Internal Affairs of the Russian Federation or its territorial body about the implementation foreign citizens (stateless persons) working in the territory of the Russian Federation"
Resolution of the Supreme Court of the Russian Federation dated December 27, 2018 No. 127-AD18-6
Federal Law of July 25, 2002 No. 115-FZ “On the legal status of foreign citizens in the Russian Federation”
