To this end, on July 18, 2006, the federal laws "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation" and "On Amendments to the Federal Law 'On the Legal Status of Foreign Citizens in the Russian Federation'" were adopted, provisions of which simplify the registration requirements for foreign citizens and obtaining work permits for foreign citizens who arrived in Russia without requiring a visa, and also establish a ban on engaging in certain types of labor activities for such persons. To implement these federal laws and further regulate labor migration of foreign citizens to the Russian Federation, on November 15, 2006, the Government of the Russian Federation adopted the following resolutions:
- No. 681 "On the Procedure for Issuing Permitting Documents for Foreign Citizens to Engage in Temporary Labor Activities in the Russian Federation";
- No. 682 "On Approving for 2007 the Quota for Issuing Work Permits to Foreign Citizens Who Arrived in the Russian Federation Without Requiring a Visa";
- No. 683 "On Establishing for 2007 the Allowable Share of Foreign Workers Used by Business Entities Engaged in Retail Trade in the Territory of the Russian Federation".
In addition, on November 5, 2006, amendments were made to the Code of the Russian Federation on Administrative Offenses, expanding the list of offenses for which a foreign citizen or his employer bear administrative liability, and significantly increasing the amounts of administrative fines.
These federal laws and subordinate acts came into force on January 15, 2007. In this regard, the Consular Section of the Embassy of Ukraine in the Russian Federation has prepared a memorandum on the procedure for Ukrainian citizens to engage in labor activities in the territory of the Russian Federation.
Procedure for Issuing Work Permits
A foreign citizen who arrived in the Russian Federation without requiring a visa submits an application for a work permit in person or through an organization that arranges employment of foreign citizens in accordance with the established procedure, or through a person acting as a representative of that foreign citizen under the civil legislation of the Russian Federation, to the migration service body. The following documents shall be attached to the said application:
a) an identification document of the foreign citizen recognized by the Russian Federation as such;
b) a color photograph on matte photo paper measuring 30x40 mm;
c) a migration card;
d) a document confirming payment of the state fee for issuing a work permit to the foreign citizen.
Documents drawn up in a foreign language must be accompanied by a notarized translation into Russian.
Refusal by the migration service body to accept a foreign citizen's application for a work permit is not allowed, except for the citizen's failure to comply with the requirements regarding the above documents. The migration service body must, no later than 10 days from the date of acceptance of the application with all necessary and duly executed documents, issue a work permit to the foreign citizen or a notification of refusal to issue such a permit. A refusal to issue a work permit may be appealed by the foreign citizen to the Federal Migration Service or to a court within three working days from the date of receipt of the document on refusal.
A work permit is issued to a foreign citizen subject to the following conditions:
a) the foreign citizen has reached the age of 18;
b) the foreign citizen is engaged in labor activities by an employer under an employment or civil law contract;
c) there are no false or distorted information in the application for a work permit and the documents provided, as well as no circumstances provided for in paragraph 9 of Article 18 of the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation".
A work permit is issued to a foreign citizen in person upon presentation of an identification document recognized by the Russian Federation as such. The work permit is issued on a form in the form of a plastic card.
Reissuance of Work Permit
In case of loss of a work permit, the foreign citizen must, within 10 days, apply to the migration service body with an application for a work permit to replace the lost one, indicating the circumstances of its loss.
In this case, the application must be accompanied by a color photograph on matte photo paper measuring 30x40 mm and a document confirming payment of the state fee for issuing a work permit. Submission of other documents is not required.
A work permit to replace a lost one is issued to the foreign citizen within 10 days from the date of receipt of the application.
Employment
After obtaining a work permit, a foreign citizen can independently search for an organization (employer) for employment. He must conclude an employment or civil law contract with the employer who hires the foreign citizen. If within 90 days from the date of entry into the territory of the Russian Federation he fails to find a job, the foreign citizen must leave its borders.
A foreign citizen who arrived in the Russian Federation without requiring a visa and obtained a work permit is obliged to:
- perform labor activities only with those subjects of the Russian Federation that are indicated in the work permit;
- provide within 30 days from the date of receipt of the work permit to the migration service body documents confirming that he does not have drug addiction and infectious diseases that pose a danger to others, provided for by the list approved by the government of the Russian Federation, as well as a certificate of absence of disease caused by the human immunodeficiency virus (HIV infection), if the work permit to such a foreign citizen is issued for a period exceeding 90 days.
Cancellation of the work permit
The work permit may be canceled by the migration service body in the cases provided for in paragraph 9 of Article 18 of the federal law "On the Legal Status of Foreign Citizens in the Russian Federation", as well as on the basis of a petition from the employer or customer of works (services) if the foreign worker has violated the terms of the employment contract or civil law contract for the performance of work (provision of services).
The migration service body, within 3 days, notifies the foreign citizen of the decision taken, and also warns him of the need to leave the Russian Federation. The work permit is withdrawn.
Restrictions on carrying out labor activities
In 2007, Russia established a ban on the use of foreign workers in the retail trade of alcoholic beverages and pharmaceutical products - from January 1, in other cases, retail trade in tents and markets, outside stores - from April 1.
Responsibility for violation of labor activity by a foreign citizen
Carrying out labor activities by a foreign citizen in the Russian Federation without a work permit, if such a permit is required in accordance with federal law, entails the imposition of an administrative fine in the amount of 20 to 50 times the minimum wage, with or without administrative expulsion from the Russian Federation.