ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

of August 1, 2020 No. 541

About approval of Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons

For the purpose of reduction of regulatory legal act of the Ministry of Internal Affairs of the Russian Federation in compliance with requirements of the Federal Law of February 6, 2020 No. 16-FZ "About introduction of amendments to the Federal law "About Legal Status of Foreign Citizens in the Russian Federation" regarding simplification of procedure for employment in the Russian Federation students in the Russian professional educational organizations and the educational organizations of the higher education of foreign citizens and stateless persons" <1>, and also according to the paragraph the second item 4 and Item 6 of article 18 of the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation" <2>, Item 1, the paragraph the sixteenth the subitem 49 of Item 11, the subitem 3 of Item 20 of the Regulations on the Ministry of Internal Affairs of the Russian Federation approved by the Presidential decree of the Russian Federation of December 21, 2016 No. 699 <3>, The rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 <4> I order:

--------------------------------

<1> Russian Federation Code, 2020, No. 6, Art. 595.

<2> Russian Federation Code, 2002, No. 30, Art. 3032; 2018, No. 53, Art. 8454.

<3> Russian Federation Code, 2016, No. 52, Art. 7614; 2019, No. 52, Art. 7933.

<4> Russian Federation Code, 2011, No. 22, Art. 3169; 2018, No. 46, Art. 7050.

1. Approve the enclosed Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons.

2. Declare invalid the order of the Ministry of Internal Affairs of Russia of November 1, 2017 No. 827 "About approval of Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons" <1>.

--------------------------------

<1> Registration No. 49725 is registered by the Ministry of Justice of the Russian Federation on January 23, 2018.

3. To impose control over the implementation of this order on the First Deputy Minister police colonel general A. V. Gorovy.

Appendix

to the Order of the Ministry of Internal Affairs of the Russian Federation of August 1, 2020 No. 541

Administrative regulations of the Ministry of Internal Affairs of the Russian Federation on provision of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons

I. General provisions

Subject of regulation of Administrative regulations

1. The administrative regulations of the Ministry of Internal Affairs of the Russian Federation by provision of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons <1> determine terms and the sequence of ministerial procedures (actions) of Head department concerning migration of the Ministry of Internal Affairs of the Russian Federation <2>, divisions concerning migration of territorial authorities of the Ministry of Internal Affairs of Russia at the regional and district levels <3>, representations and representatives of the Ministry of Internal Affairs of the Russian Federation abroad <4> by registration and issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons <5>, modification of the data containing in them, prolongation of effective period and issue of duplicates of the specified permissions, and also order of interaction of GUVM Ministry of Internal Affairs of Russia and divisions concerning migration of territorial authorities of the Ministry of Internal Affairs of Russia <6> with territorial authorities of the Ministry of Internal Affairs of Russia, the organizations and divisions of system of the Ministry of Internal Affairs of Russia, with federal executive bodies, territorial authorities of federal executive bodies, executive bodies of subjects of the Russian Federation by provision of the state service.

--------------------------------

<1> Further - "Administrative regulations", "the state service" respectively.

<2> Further - "GUVM Ministry of Internal Affairs of Russia".

<3> Further - "divisions concerning migration of territorial authorities of the Ministry of Internal Affairs of Russia".

<4> Further - "representative office of the Ministry of Internal Affairs of Russia abroad".

<5> Further - "foreign citizens".

<6> Further - "divisions concerning migration".

Circle of applicants

2. Applicants are:

2.1. The employer <1>, the customer of works (services) <2>, including the shipowner <3> - physical person or legal entity, the foreign citizen registered as the individual entrepreneur <4>, involving the foreign workers arriving to the territory of the Russian Federation according to the procedure, requiring execution of the visa.

--------------------------------

<1> Item 2 of article 13 of the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation" (The Russian Federation Code, 2002, No. 30, Art. 3032; 2014, No. 48, Art. 6638). Further - "The Federal Law of July 25, 2002 No. 115-FZ".

<2> Item 3 of article 13 of the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation".

<3> the Shipowner according to Article 8 of the Maritime Code of the Russian Federation (The Russian Federation Code, 1999, No. 18, the Art. 2207) is recognized person operating the vessel on its own behalf irrespective of whether it is owner of the vessel or uses it on other legal cause.

<4> Item 2 of article 13 of the Federal Law of July 25, 2002 No. 115-FZ.

2.2. Concerning highly qualified specialists <5> the employer or the customer of works (services) who is <6> can act as the applicant:

--------------------------------

<5> Item 1 of article 13.2 of the Federal Law of July 25, 2002 No. 115-FZ.

<6> Item 5 of article 13.2 of the Federal Law of July 25, 2002 No. 115-FZ.

2.2.1. Russian commercial organization.

2.2.2. The Russian scientific organization, the professional educational organization, the educational organization of the higher education (except for the spiritual educational organizations), healthcare institution, and also other organization performing scientific, scientific and technical and innovative activities, experimental developments, testing, training according to the state priority directions of development of science, technologies and the equipment of the Russian Federation, in the presence at it in cases, stipulated by the legislation the Russian Federation, the state accreditation.

2.2.3. Branch, representation of the foreign legal entity, accredited in the territory of the Russian Federation according to the procedure, established by the legislation of the Russian Federation.

2.2.4. The sports organization performing the activities in the territory of the Russian Federation, not being the Russian commercial organization, and also the all-Russian sports federation <7>.

--------------------------------

<7> Further - "the sports organizations".

2.3. Registered according to the procedure, established by the legislation of the Russian Federation, in the territory of the Russian Federation the legal entity performing rendering services according to constituent documents and being the affiliated organization (subsidiary) of the foreign commercial organization registered in the territory of state member of the World Trade Organization <1>, branch or representative office of the foreign commercial organization <2>.

--------------------------------

<1> Further - "the foreign commercial organization".

<2> Item 1 of article 13.5 of the Federal Law of July 25, 2002 No. 115-FZ.

2.4. Managing company, being the Russian legal entity created in form of business of fund for the decision of the supreme executive body of the government of the subject of the Russian Federation - the federal city of Moscow for the purpose of ensuring functioning of the international medical cluster and management of it with which the project participant who is the Russian legal entity, the individual entrepreneur or created and registered according to the legislation of foreign state - organization member of economic cooperation and development by the foreign legal entity, individual entrepreneur, according to part 4 of Article 2 and Item 3 of part 1 of article 14 of the Federal Law of June 29, 2015 No. 160-FZ "About the international medical cluster and modification of separate legal acts of the Russian Federation" signed the agreement <3>.

--------------------------------

<3> Russian Federation Code, 2015, No. 27, Art. 3951; 2019, No. 30, Art. 4142. Further - "managing company", "the project participant of the international medical cluster" respectively.

2.5. The employers recognized by residents of the free port of Vladivostok <4> according to the Federal Law of July 13, 2015 No. 213-FZ "About modification of separate legal acts of the Russian Federation in connection with adoption of the Federal Law "About the Free Port of Vladivostok" <5>.

--------------------------------

<4> Article 10 of the Federal Law of July 13, 2015 No. 212-FZ "About the free port of Vladivostok" (The Russian Federation Code, 2015, No. 29, the Art. 4338).

<5> Russian Federation Code, 2015, No. 29, Art. 4339; 2016, No. 27, Art. 4294. Further - "resident of the free port of Vladivostok".

2.6. The employers recognized by residents of the territory of the advancing social and economic development <6> according to article 351.5 of the Labor Code of the Russian Federation <7> and the Federal Law of December 29, 2014 No. 473-FZ "About the territories of the advancing social and economic development in the Russian Federation" <8>.

--------------------------------

<6> Item 2 of article 2 of the Federal Law of December 29, 2014 No. 473-FZ "About the territories of the advancing social and economic development in the Russian Federation" (The Russian Federation Code, 2015, No. 1, the Art. 26).

<7> Russian Federation Code, 2002, No. 1, Art. 3; 2015, No. 1, Art. 72.

<8> Russian Federation Code, 2015, No. 1, Art. 26; 2019, No. 30, Art. 4156. Further - "The Federal Law of December 29, 2014 No. 473-FZ".

2.7. Managing company, being the Russian legal entity to who project implementation on creation and ensuring functioning of the innovative center "Skolkovo", or its subsidiary according to the Federal Law of September 28, 2010 No. 244-FZ "About the innovative center "Skolkovo" <1> is assigned.

--------------------------------

<1> Russian Federation Code, 2010, No. 40, Art. 4970; 2019, No. 31, Art. 4457. Further - "Skolkovo managing company.

2.8. The managing company which is the Russian organization which is created in form of business of joint-stock company for the purpose of implementation of functions on management of the innovative scientific and technological center, or its subsidiary according to the Federal Law of July 29, 2017 No. 216-FZ "About the innovative scientific and technological centers and about modification of separate legal acts of the Russian Federation" <2>.

--------------------------------

<2> Russian Federation Code, 2017, No. 31, Art. 4765; 2019, No. 30, Art. 4142. Further - "the managing director of the scientific and technological center the company".

2.9. The foreign citizens who are members of the family of the highly qualified specialist <3> (the spouse (spouse), children (including adopted), spouses of children, parents (including receptions), spouses of parents, grandmothers, grandfathers, grandsons <4>).

--------------------------------

<3> Item 12.1 of article 13.2 of the Federal Law of July 25, 2002 No. 115-FZ.

<4> Item 1.1 of article 13.2 of the Federal Law of July 25, 2002 No. 115-FZ. Further - "members of the family of the highly qualified specialist".

2.10. The foreign citizens who addressed to division concerning migration behind modification of the data containing in the work permit and also behind the duplicate of the work permit.

3. The documents necessary for provision of the state service for the applicants specified in subitems 2.1 - 2.10 Items 2 of Administrative regulations, have the right also to give the face which is acting on the basis of the power of attorney on behalf of the applicant issued according to Article 185 of the Civil code of the Russian Federation <5>.

--------------------------------

<5> Russian Federation Code, 1994, No. 32, Art. 3301; 2013, No. 19, Art. 2327. Further - "the applicant's representative".

Requirements to procedure for informing on provision of the state service

4. Information on questions of provision of the state service is placed in the federal state information system "Single Portal of the State and Municipal Services (Functions)" <6>, on the official site of the Ministry of Internal Affairs of Russia and the official sites of territorial authorities of the Ministry of Internal Affairs of Russia at the regional and district levels <7> on the Internet <1>, on places, located in available to acquaintance, information stands of divisions concerning migration, and also it is represented the staff of law-enforcement bodies of the Russian Federation, federal government civil servants and employees of territorial authorities of the Ministry of Internal Affairs of Russia at the regional and district levels <2> by phone, on personal acceptance.

--------------------------------

<6> The regulations on the federal state information system "Single Portal of the State and Municipal Services (Functions)" approved by the order of the Government of the Russian Federation of October 24, 2011 No. 861 (The Russian Federation Code", 2011, No. 44, the Art. 6274, 2019, No. 47, the Art. 6675). Further - "The single portal".

<7> Further - "the websites of territorial authorities of the Ministry of Internal Affairs of Russia".

<1> Further - "Internet network.

<2> Further - "officials", "employees" respectively.

5. From the date of reception of an application or the petition the applicant has the right to data on the course of provision of the state service by phone, on personal acceptance or if technically possible with use of the Single portal.

6. On the Single portal the following information is placed:

6.1. The exhaustive list of the documents necessary for provision of the state service, the requirement to execution of the specified documents, and also the list of documents which the applicant has the right to provide on own initiative.

6.2. Circle of applicants.

6.3. Term of provision of the state service.

6.4. Results of provision of the state service, procedure for receipt of the document which is result of provision of the state service.

6.5. The amount of the state tax collected for provision of the state service.

6.6. The exhaustive list of the bases for refusal in provision of the state service, and also about lack of the bases for suspension of the state service.

6.7. About the applicant's right to pre-judicial (extrajudicial) appeal of actions (failure to act) and the decisions made (performed) during provision of the state service.

6.8. Application forms about issue to the employer or customer of works (services) of permission to attraction and use of foreign workers <3>, about execution of the work permit to the foreign citizen or the stateless person, about prolongation of effective period of the work permit to the foreign citizen or the stateless person, about issue of the duplicate of the work permit to the foreign citizen or stateless person, about modification of the data containing in the work permit to the foreign citizen or the stateless person <1>, petitions of the employer, the customer of works (services) for involvement of the highly qualified foreign specialist <2>, foreign citizen (stateless person) for attraction it as the highly qualified specialist>, about issue of the work permit to the foreign citizen or the stateless person sent by the foreign commercial organization the World Trade Organization registered in the territory of state member, for implementation of labor activity in the territory of the Russian Federation <4>, about prolongation of term of issue of the work permit to the foreign citizen (appendix No. 1 to Administrative regulations), the additional data enclosed by the shipowner to the application for issue of permission to attraction and use of foreign workers (appendix No. 2 to Administrative regulations), statements for modification of the data containing in permission to attraction and use of foreign workers (appendix No. 3 to Administrative regulations), pleas of nullity of the work permit (appendix No. 4 to Administrative regulations) <5> statements for correction of the made typographical errors and (or) mistakes in the permission to attraction and use of foreign workers issued as a result of provision of the state service and (or) the work permit (appendix No. 5 to Administrative regulations), declarations of abandonment in receipt of the state service (appendix No. 6 to Administrative regulations) and models of their filling.

--------------------------------

<3> the Application form is approved by the order of the Ministry of Internal Affairs of Russia of June 19, 2017 No. 392 "About approval of the application form about issue to the employer or customer of works (services) of permission to attraction and use of foreign workers and forms of the form of permission to attraction and use of foreign workers" (registration No. 47391) is registered by the Ministry of Justice of the Russian Federation on July 13, 2017. Further - "the statement for issue of permission to attraction and use of foreign workers", "the order of the Ministry of Internal Affairs of Russia of June 19, 2017 No. 392" respectively.

<1> Forms of statements are approved by the order of the Ministry of Internal Affairs of Russia of August 14, 2017 No. 637 "About approval of forms of the applications submitted in connection with execution of the work permit to the foreign citizen or the stateless person, its prolongation, issue of its duplicate or modification of the data containing in the work permit to the foreign citizen or the stateless person" (it is registered by the Ministry of Justice of the Russian Federation on October 9, 2017, registration No. 48482) with the changes made by the order of the Ministry of Internal Affairs of Russia of June 1, 2020 No. 388 (registration No. 58963) is registered by the Ministry of Justice of the Russian Federation on July 15, 2020. Further - "the order of the Ministry of Internal Affairs of Russia of August 14, 2017 No. 637".

<2> The form of the petition is approved by the order of the Government of the Russian Federation of June 30, 2010 No. 487 "About approval of form of the petition of the employer, customer of works (services) for involvement of the highly qualified foreign specialist" (The Russian Federation Code, 2010, No. 28, Art. 3704; 2016, No. 37, Art. 5503). Further - "the petition for involvement of the highly qualified specialist".

<3> the Form of the petition is approved by the order of the Ministry of Internal Affairs of Russia of June 4, 2019 No. 363 "About approval of form of the petition of the foreign citizen (stateless person) for attraction it as the highly qualified specialist and procedure for its filling, and also forms and notification procedures of the Ministry of Internal Affairs of the Russian Federation or its territorial authority about implementation by foreign citizens (stateless persons) of labor activity in the territory of the Russian Federation" (it is registered by the Ministry of Justice of the Russian Federation on August 28, 2019, registration No. 55775) with the changes made by the order of the Ministry of Internal Affairs of Russia of June 1, 2020 No. 388 (registration No. 58963) is registered by the Ministry of Justice of the Russian Federation on July 15, 2020.

<4> The form of the petition is approved by the order of the Ministry of Internal Affairs of Russia of August 14, 2017 No. 638 "About approval of form of the petition for issue of the work permit to the foreign citizen or the person without citizenship sent by the foreign commercial organization registered in the territory of state member of the World Trade Organization for implementation of labor activity in the territory of the Russian Federation" (No. 48484) is registered by the Ministry of Justice of the Russian Federation on October 9, 2017.

<5> Further - "statements and petitions".

6.9. The list of the regulatory legal acts regulating provision of the state service.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info