Work permit under the new rules
For the attention of heads of human resources
Pepeliaev Group reports that amendments have been made to the requirements for obtaining a work permit by foreign employees who arrive under a visa-free regime in the Russian Federation and intend to work in the sphere of housing and utilities, retail trade or public amenities.
Pursuant to the amendments made to Federal Law No. 115-FZ On the Legal Status of Foreign Citizens in the Russian Federation dated 25 July 2002, which were enacted on 1 December 2012, in order to be authorised to work in the sphere of housing and utilities, retail trade or public amenities, a foreign citizen who arrived visa free in Russia must have at least a basic command of Russian.
A foreign citizen must prove his/her Russian skills by one of the following documents:
- an appropriately issued certificate evidencing the results of the state Russian language test ;
- a diploma (qualifying for at least basic general education) issued in a foreign country and recognised in Russia in accordance with Law of the Russian Federation No. 3266-1 On Education dated 10 July 1992, if that document states that its holder has studied Russian;
- a state certificate of education (qualifying for at least basic general education) issued by an educational institution in any former USSR state before 1 September 1991;
- a state certificate of education (qualifying for at least basic general education) issued by an educational institution in the Russian Federation after 1 September 1991.
If the foreign citizen fails to submit a document proving that his/her Russian skills are at an appropriate level, the work permit application of such person will be rejected.
No evidence of Russian skills is needed for those applicants who are citizens of countries with Russian as an official state language, as well as in cases envisaged by federal law or an international treaty to which Russia is a party.
What are the implications for employers?
The new requirement may entail a number of work permits being refused to “visa free” foreigners who do not have the necessary Russian skills. This may cause markets of legal labour to shrink and cause difficulties with the hiring of foreign employees to employers who are companies working in the sphere of housing and utilities, retail trade or public amenities.
We recommend that companies who are active in the above spheres take this new development into account when deciding how to structure their foreign personnel.
To receive additional information, please contact:
In Moscow – Julia Bozozdna, Head of Employment and Migration Law, by tel: +7 495 967 00 07 or by j.borozdna@pgplaw.ru
Victoria Kushner, Associate, by tel: +7 495 967 00 07 or by v.kushner@pgplaw.ru
In St Petersburg – Alexander Korkin, Associate, by tel.: +7 812 640 60 10 or by a.korkin@pgplaw.ru