New Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation regarding the issuance of permits to recruit and hire foreign employees and work permits for foreign citizens has been approved (Order of the Ministry of Internal Affairs No. 827, dated 01.11.2017).
In particular, the rules have amended the list of applicants for state services for highly qualified specialists (HQS) and added the following categories:
• employers recognized as being residents of a territory of advanced social and economic development;
• a management company that is a Russian legal entity entrusted with the implementation of a project to create and operate the Skolkovo Innovation Center;
• a management company that is a Russian organization that is established in the organizational and legal form of a joint-stock company in order to exercise the functions of managing an innovative scientific and technological center or a subsidiary;
• foreign citizens in cases established by the appropriate legislation of the Russian Federation.
The period during which a decision will be made to grant a state service for the registration of a work permit and permission to employ a foreign employee by an employer or its refusal will be 30 calendar days with the possibility of an extension for another 30 working days.
Also, changes were made to the list of grounds for refusing to accept an application (petition) and documents required for the provision of a public service:
1. Absence of one or several documents, the submission of which is provided for in the Administrative Regulations.
2. Remaining in the territory of the Russian Federation in direct violation of the established procedure for the stay of a foreign citizen.
3. The presence at the time of filing an application for hiring Highly-Qualified Specialists unfulfilled judgements for violations of 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.
4. The existence, at the time of filing an application to hire a HQS, of a decision to prohibit the employer, or the customer of works (services) to hire foreign citizens to work in the Russian Federation as a HQS.
5. Violation of the requirements for the contents of the form application and attached documents (paragraphs 72 - 75 of the Administrative Regulations), the presence of errors in the personal data specified by the applicant - in these cases the applicant is invited to eliminate the existing errors and omissions and resubmit the documents.
It is worth noting that the size of the state fee has remained unchanged, while according to the administrative regulations, a state fee will be charged for the correction and extension of work permits.