|
Unofficial translation
May 19, 2010 N 86-FZ
RUSSIAN FEDERATION FEDERAL LAW ON AMENDING
the Federal Law "On Legal Status of Foreign
CITIZENS IN THE RUSSIAN FEDERATION AND SELECTED
LEGISLATION OF THE RUSSIAN FEDERATION
Adopted by the State Duma
May 12, 2010 Year
Approved
CouncilFederation
May 13, 2010
Article 1
The Federal Law of 25 July 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation" (Collected Legislation of the Russian Federation, 2002, N 30, Art. 3032, 2003, N 27, Art. 2700; N 46, Art. 4437, 2006, N 30, Art.3286, 2007, N 1, Art. 1921; N 2, Art. 361; N 49, Art. 6071; N 50, Art. 6241, 2008, N 19, Art. 2094; N 30, Art. 3616, 2009, N 19, Art. 2283; N 23, Art. 2760; N 26, art. 3125; N 52, Art.6450) the following changes:
1) Article 5:
a) The first paragraph of paragraph 1 the words ", except in cases stipulated by this Federal Law";
b) paragraph 2, the words "or by the federal executive power body carrying out enforcement function, the function ofcontrol, supervision and provision of public services in the field of migration (hereinafter - the federal executive authority in the field of migration), accepted the petition of the employer or client works (services) to attract foreign citizen to work as a highlyspecialist or the employer or client works (services) for the renewal of work permits issued by such highly qualified professionals in accordance with Article 13.2 of the Federal Law ";
) in paragraph 4 the words" federal executive power body carrying out enforcement functions, the monitoring, supervision and provision of public services in the field of migration (hereinafter - the federal executive authority in the field of migration), replacethe words "federal executive authority in the field of migration";
d) paragraph 5 shall read as follows:
"5.The period of temporary stay of a foreigner shall be extended in the issuance of a foreign national work permit or a patent or for renewal of work permit or a patent in accordance with Article 13.1, 13.2 or 13.3 hereof.
temporary period of stay in the Russian Federation a foreign citizen who has arrived in the Russian Federation in a manner that does not require a visa, an employment contract or civil contract for works (services) and obtain a work permit in compliance withrequirements of this Federal law, shall be extended for the duration of the contract, but no more than one year, counted from the date of entry of foreign citizens in the Russian Federation.
specified in the second paragraph of this paragraph shall limit the period of temporary stay does not apply to foreign nationals involved in order to work as qualified professionals in accordance with Article 13.2 of this Federal law, as well as foreign nationals engaged in labor activities in accordance with Article 13.3 hereof.
not allowed the extension of temporary stay of foreign citizens in accordance with the first paragraph - the third of this clause for foreign nationals who arrived in the Russian Federation in a manner that does not require a visa, and engage in labor activities in accordance withArticle 13.1 or 13.3 of this federal law, if in accordance with intergovernmental agreements on mutual visa-free trips are foreign nationals to enter the Russian Federation to implement the work over the terms established by such intergovernmentalagreements are required to obtain a visa. ";
2) Article 8 of the complement clause 3.1 as follows:
" 3.1.The provisions of paragraphs 1 - 3 of this Article shall not apply for a residence permit qualified professionals and their families in accordance with Article 13.2 of this Federal Law. ";
3) Article 9, paragraph 4, add the following lines:
" 4.Residence permit specified in paragraph 27 of article 13.2 of this Federal Law shall be invalidated in the cases contemplated in subparagraphs 1 - 7 of paragraph 1 and paragraph 2 of this article. ";
4) Article 13:
a) paragraph 4 shall read as follows:
"4.The employer and the contracting of works (services) are eligible to attract and use foreign workers for permission to hire foreign workers and foreign citizen has the right to engage in labor activity in the presence of a work permit.This procedure does not apply to foreign nationals:
1) residing in the Russian Federation;
2) are members of the State program to assist the voluntary resettlement to the Russian Federation of compatriots living abroad and their families,relocating with them to the Russian Federation;
3) are members of diplomatic missions, members of consular institutions of foreign states in the Russian Federation, employees of international organizations, and private household workers such persons;
4)are employees of foreign entities (producers or suppliers) performing installation (contract supervision) work, service and warranty service and post-warranty repairs supplied to the Russian Federation and technical equipment;
5) non-journalists,accredited in the Russian Federation;
6) enrolled in the Russian Federation in the educational institutions of vocational education and work performed (service providers) for a vacation;
7) enrolled in the Russian Federation in the educational institutions of vocational educationand working in their spare time as a teaching and support staff in the educational institutions where they study;
8) invited the Russian Federation as instructors to conduct classes in educational institutions, except for persons enteringRussian Federation to take up teaching in institutions of professional religious education (religious educational institutions);
9) are employed by accredited in accordance with established procedure in the Russian Federation of foreignlegal entities registered in the Russian Federation in accordance with legislation, within the population, consistent with the accreditation of these missions authorized by an accreditation body, based on the principle of reciprocity in accordance with international treatiesRussian Federation. ";
b) of paragraph 4.1 to read as follows:
" 4.1. Specifics of work by certain categories of foreign nationals are defined by Articles 13.1, 13.2 and 13.3 of this Federal Law. ";
a) to add paragraph 4.5 to read as follows:
" 4.5.The employer and the contracting of works (services) are eligible to attract and use foreign workers without permits to attract and employ foreign workers in case of foreign nationals:
1) arrived in the Russian Federation in a manner that does not require a visa;
2) arehighly skilled and engaged to work in the Russian Federation in accordance with Article 13.2 of this Federal Law. ";
point" d "of paragraph 4 of Article 1 shall enter into force on 1 January 2013.
g) add item 4.6 to read as follows:
" 4.6.Unless otherwise provided by international treaty of the Russian Federation, a foreign national who arrived in the Russian Federation in a manner that does not require a visa when granting him a work permit is subject to photographing and fingerprinting compulsory state registrationby federal executive authority in the field of migration, with subsequent submission of information received in a data bank on the implementation of foreign nationals work, created in accordance with Article 18.2 hereof.The effect of this provision does not apply to highly skilled professionals who receive permission to work in accordance with Article 13.2 of this Federal Law. ";
e) to add paragraph 4.7 to read as follows:
" 4.7.Organizations that provide employment services for foreign nationals in the territory of the Russian Federation within three working days from the date of employment of foreign citizens are obliged to notify the territorial office of the federal executive authority in the field of migration.Procedure for submission of notice of employment of foreign citizens in the Russian Federation and its shape is determined by the Federal executive authority in the field of migration. ";
5) in Article 13.1:
a) add item 1.1 to read as follows:
" 1.1.The work permit is issued to foreign citizens:
1) for a period of temporary residence;
2) for the duration of a prisoner by a foreign national labor contract or a civil contract for works (services), but no more than one year from date of entry of foreigncitizen in the Russian Federation, except as provided in Article 13.2 of this Federal Law. ";
b) add item 1.2 to read as follows:
" 1.2.A work permit issued by a foreign citizen may be revoked on the grounds specified in paragraphs 9, 9.1 and 9.2 of Article 18 of this Federal Law. ";
a) add item 1.3 to read as follows:
" 1.3.The work permit is the basis for extending the temporary stay of foreign citizens in the Russian Federation established by the second subparagraph of paragraph 1 of Article 5 hereof.
list of information about a foreign citizen, held a work permit, order changes in the specified information (including the issuance of this permit or its extension) and form design work permits are set by the federal executiveauthorities in the field of migration. ";
d), paragraph 3, subparagraph 4 add the following lines:
" 4) the employment contract or civil contract for works (services), prisoners, and executed in accordance with the laws of the Russian Federation (if any) . ";
e) to add paragraph 3.1 to read:
"3.1.When reporting a foreign national labor contract or a civil contract for works (services), made and executed in accordance with the laws of the Russian Federation, issued by a foreign citizen authorized to work are essential elementsemployer or client works (services) with which these foreign national entered the treaty. ";
e) to add paragraph 7.1 to read as follows:
" 7.1. Validity of work permits issued by a foreign citizen, can be extended.To prolong this term foreign citizen not later than fifteen days before the expiry of the said resolution is in the territorial bodies of federal executive authority in the field of migration:
1) an application for the renewal of work permits;
2)employment contract or civil contract for works (services), prisoners, and executed in accordance with the laws of the Russian Federation;
3) information about the types of work undertaken by a foreign citizen on the basis he obtained permission towork submitted on the form approved by the federal executive authority in the field of migration;
4) documents confirming the absence of a foreign citizen of disease and drug abuse pose a threat to the surrounding infectious diseases, provided the listapproved by the federal executive authority in the health sector, as well as a certificate that it has no disease caused by human immunodeficiency virus (HIV);
5) documents confirming the foreign citizen on account of the place of residence.";
g) add item 7.2 to read as follows:
" 7.2.Validity of work permits issued to foreign citizens who received a temporary residence permit may be extended by the territorial agency of the federal executive authority in the field of migration for the duration of the temporary residence permit.In this case, the foreigner is in the territorial bodies of federal executive authority in the field of migration:
1) an application for the renewal of work permits;
2) a work permit;
3) a temporary residence permit;
4) the employment contract orcivil contract for works (services), prisoners, and executed in accordance with Russian law. ";
s) to add paragraph 7.3 to read as follows:
" 7.3.Decision to extend the work permit is taken without regard to quotas for the issuance of such permits.Refusal to accept from a foreign citizen application for the renewal of work permits is not allowed, except for cases of failure data of a foreign national of the documents mentioned in paragraphs 7.1 and 7.2 of this article.
lack of a foreign citizen documents confirming his registration with the place of residence is not grounds for refusal to renew a work permit, if information about the formulation of the foreign citizen to such records available to the publicinformation system of migration control. ";
and) to add paragraph 7.4 to read as follows:
" 7.4. Decision to extend the work permit is made within three working days after submission of a foreign national statements and other required documents.
refusal to renew the work permit is allowed under the circumstances provided for in paragraph 9, 9.1 or 9.2 of Article 18 of this Federal Law. ";
to) add paragraph 7.5 to read as follows:
" 7.5.Temporarily staying in the Russian Federation a foreign citizen within fifteen working days from the date of early termination of the labor agreement or civil contract for works (services) that are the basis for issuing this foreignerwork permits or for renewal of such approval, may negotiate a new labor agreement or civil contract for works (services), or obliged to leave the Russian Federation in case of expiry of temporary residence, established by paragraphsecond paragraph 1 of Article 5 hereof.
If the validity of a new contract or a civil contract for works (services) exceeds the duration of the existing non-citizen work permits, the duration of such permit may be extended in accordance with paragraph 7.1 of this article without the submission of documents under subparagraph 4 of that paragraph. ";
l) add paragraph 7.6 to read as follows:
" 7.6.In the event that a foreign national for the duration of the work permit of a new contract or a civil contract for works (services) the foreign citizen within seven working days must apply to the territorial agency of the federalexecutive authority in the field of migration to changes in the information contained in a work permit.";
m) The first sentence of paragraph 9 should read:" The employers or customers for work (services), attracting and using for employment of foreign nationals who arrived in the Russian Federation in a manner that does not require a visa, and licensedwork required to notify the territorial office of the federal executive authority in the field of migration and executive authority in charge of employment in a relevant subject of the Russian Federation on the conclusion and termination of labor contracts or civilcontracts for works (services) to foreign workers as well as granting them leave without pay of more than one calendar month during the year. ";
6) to add Article 13.2 to read:
" Article 13.2.Specifics of work by foreigners - highly skilled
1.For purposes of this Federal law recognizes a highly qualified expert foreign citizen with experience, skills or achievements in specific areas, if the conditions to attract him to work in the Russian Federation suggested getting themsalary (remuneration) in the amount of two million or more rubles for a period not exceeding one year.Based on the priorities of the Russian economy The Russian government may reduce these requirements to the size of the salary (remuneration) of foreign nationals.
2.The quota for the issuance of invitations for foreign citizens to enter the Russian Federation to implement the work and the quota for the issuance of foreign nationals work permits do not apply to qualified professionals.
3.The employer and the contracting of works (services) to independently carry out an assessment of skills and qualifications of foreign nationals whom they wish to attract as highly qualified specialists, and bear the associated risks.
4.To assess the competence and skill levels invited highly qualified professional employer or customer of works (services) uses the documents and information confirming the presence of this specialist professional knowledge and skills, the results of workforeign citizen, including reviews of other employers and customers of works (services), including the foreign, the information provided by the organizations, professionally engaged in the assessment and selection of personnel, the results of intellectual activity, the author or co-authored byis a foreign citizen, the details of professional awards and other forms of recognition of professional achievements, information on the outcome of an employer or customer of the works (services) competitions, as well as other objective, credible and verifiable information and documents.
5.Attract highly qualified under the conditions prescribed in this Article shall be entitled to the employers or customers for work (services):
1) are:
Russian commercial organizations;
Russian scientific organizations, educational institutions, vocational education (forexcept institutions of professional religious education (religious educational institutions), public health agencies, as well as other organizations engaged in scientific, technical and innovation activity, experimental design, testing, training inaccordance with government priorities in the development of science, technology and engineering of the Russian Federation, provided that they have in cases stipulated by legislation of the Russian Federation, the national accreditation;
accredited in accordance with established procedure inRussian Federation, branches of foreign legal entities;
2) within two years of filing the petition for attracting highly qualified professionals are not subject to administrative punishment for illegal involvement in labor activities in the Russian Federation of foreign citizensor stateless persons, and do not have at the time of filing such application, the outstanding orders on administrative punishment for committing these administrative offenses.
6.For the issuance of a highly qualified professional work permits, as well as to design him an invitation to enter the Russian Federation to implement the work (if necessary) the employer or contracting of works (services) is a federal executive bodyauthorities in the field of migration:
1) an application attracting a highly qualified professional;
2) an employment contract or civil contract for works (services) to attract highly skilled technician, the entry into force of which is duehighly qualified specialist work permit;
3) a written undertaking to pay (reimburse) the costs of the Russian Federation related to possible administrative expulsion or deportation of the Russian Federation attracted their highlycopy of state registration of legal entities referred to in the second or third paragraph of paragraph 1, subsection 5 of this article, or an extract from the register branches of foreign legal entities accredited in accordance with established procedure in the RussianFederation, if in accordance with the fourth paragraph of paragraph 1, subsection 5 of this article as an employer performs a branch of a foreign entity.
7.The request for attracting highly qualified professional employer or customer of works (services) reflects the information about the competence and the skill level of a foreign citizen, referred to in paragraph 4 of this article, and information about the documents, confirming the presence of this specialistvocational education (if the relevant requirements for the implementation of individual professional activities envisaged by the legislation of the Russian Federation), to make the specified information in a data bank on the implementation of foreign nationals work,formed in accordance with Article 18.2 hereof. The form of this petition is set by the Government of the Russian Federation.
8.Refusal to accept the application of the employer or client works (services) to attract highly qualified specialist is not allowed, except in cases of failure by an employer or customer of the works (services) of any of the documents specified in paragraph 6 of this article.Term review of applications for attracting highly qualified specialist is not more than fourteen working days of its receipt by the Federal executive authority in the field of migration.
10.Decision to refuse the extradition of a highly qualified professional work permits, revocation of his permit to work or refusal to issue him an invitation to enter the Russian Federation to implement the work made in the presence of one of the groundssubparagraphs 1 - 7 of paragraph 9 and paragraph 9.1 of Article 18 hereof.
11.Within thirty days from the date of early termination of the employment contract or a civil contract for works (services), a highly qualified expert may search for another employer or customer of works (services) and a new work permiton such terms and conditions provided in this Article. During this period work permits issued to highly skilled professionals, as well as visa and residence permit issued by such highly qualified specialists and members of his family shall be considered valid.
Validity of work permits issued to highly skilled professionals, as well as the validity of the visa and residence permit issued by such highly qualified specialists and members of his family, extended for a period of consideration of the petition filed by the employer orworks (services) that are listed in paragraph 5 of this article, and that a highly qualified expert concluded a new labor agreement or civil contract for works (services).
If a qualified specialist has not concluded a new contract or a civil contract for works (services) on the expiry of a first paragraph of this paragraph, term or if the application of the employer or client works (services)attracting highly qualified specialist rejected, issued such a highly qualified professional work permit and visa and residence permits issued to highly skilled experts and members of his family, shall be valid for thirty days from thethe expiry date specified in the first paragraph of this paragraph, or a decision to reject the application of the employer or client works (services).During these thirty days of highly skilled workers and members of his family must leave the Russian Federation in accordance with the laws of the Russian Federation.
12.Permission to highly qualified specialists is issued for the duration of the prisoner of an employment contract or a civil contract for works (services) to invite him to an employer or customer of the works (services), but no more than three years.Specified period of work permit may be repeatedly extended the duration of the contract or a civil contract for works (services), but no more than three years for each such renewal.If, in accordance with the employment contract or civil contract for works (services) is supposed to implement a highly professional work in the territories of two or more subjects of the Russian Federation, thisa highly skilled technician is issued a work permit valid in the territory of the Russian Federation.
13.Employers and consumers of works (services) listed in paragraph 5 of this Article shall notify the quarterly federal executive authority in the field of migration on the performance of obligations on payment of wages (salaries) qualified professionals, as well as casestermination of employment contracts or civil contracts for works (services) with the highly qualified and where the provision of leave without pay of more than one calendar month during the year.The form of the notification established by the federal executive authority in the field of migration.
14.Qualified specialist and arrived in the Russian Federation, members of his family (spouse, children under the age of eighteen years, as well as disabled children who have attained the specified age and dependents of such a highly qualified professional) who are foreigncitizens, from the date of their entry into the Russian Federation should be insured under a contract of voluntary health insurance. Providing health insurance highly qualified specialist is one of the main terms concluded with him an employment contract.
15.The work permit is issued highly qualified specialists of the Federal executive authority in the field of migration and its local offices, and in case of a State of nationality of highly professional representative or a representative of thisfederal authority in such office or representative. The work permit is issued highly qualified presentation of a document proving his identity and are recognized by the Russian Federation in this capacity.
16.Within thirty days of receipt of a highly qualified specialist work permit an employer or customer of works (services) shall submit to the federal executive authority in the field of migration, information about the production of a highly qualified professional registered withtax authorities of the Russian Federation.
17.For the renewal of permits for highly qualified specialists employer or customer of works (services) no later than thirty days prior to the expiration of such authorization is a federal executive authority in the field of migration and itsTerritorial Authority:
1) the employer or client works (services) for the renewal of permits for highly qualified specialists;
2) an employment contract or civil contract for works (services) withprisoners and executed in accordance with the laws of the Russian Federation;
3) copy of the medical insurance specialist and highly skilled residents in the territory of the Russian Federation together with the highlyhis family, who are foreign nationals;
4) data on wages (salaries) paid to a highly qualified professional employer or customer of works (services);
5) documents confirming the highly skilled expert onstay;
6) information about the production of highly specialist registration with the tax authorities of the Russian Federation.
18.Refusal to accept the application of the employer or client works (services) for the renewal of permits for highly qualified specialists are not allowed, except for cases of failure by an employer or customer of the works (services) of any of the documents providedClause 17 of this article.
absence of documents confirming the formulation of highly qualified specialist registration at the place of residence is not grounds for refusal specified in the first paragraph of this paragraph statement, if information about the production of specialist registration at the placestate information system of migration control.
19.Term of consideration of the application for the renewal of permits for highly qualified specialists is less than fourteen working days of receipt of the declaration to the federal executive authority in the field of migration.
In cases where an employer or customer of the works (services) the conditions stipulated in paragraphs 1 and 5 of this article referred to in the first paragraph of this paragraph, the application is rejected.
20.A foreign citizen has a right to express themselves as highly skilled specialists by contacting the office of the federal executive authority in the field of migration in the State of nationality of the foreign citizen or a diplomatic mission orconsulate of the Russian Federation with a request that contains information confirming the experience of his work, skill or achievement in specific areas (including confirming the competence and qualifications of the foreign citizen recommendations of individuals or organizations)agreement to make the specified information in a data bank on the implementation of foreign nationals work, created in accordance with Article 18.2 of this Federal Law, and the presentation of specified information to prospective employers or customers for work (services) in the Russian Federation. Procedure for completing the said petition, and its shape is determined by the Federal executive authority in the field of migration.The information provided by a foreign national in accordance with paragraph 20 of this article are posted on the official website of the federal executive authority in the field of migration.The Russian Federation is not responsible for the accuracy of information submitted by foreign nationals in accordance with paragraph 20 of this article.
22.The form of application referred to in paragraph 20 of this article, and the procedure for filling in official site of the federal executive authority in the field of migration.
|
23.For foreigners whose information as highly qualified specialists are available on the official website of the federal executive authority in the field of migration, to negotiate with the employer or customer of works (services) and the conclusion of the contract orcivil contract for works (services) can be issued ordinary business visa for entry into the Russian Federation for a period of up to thirty days.Ordinary business visa the foreign citizen is issued if it has a written proposal for entry into the Russian Federation to conduct appropriate negotiations directed to such foreign national employer or customer of the works (services).
requirements for maintenance and the mandatory details of a written proposal for entry into the Russian Federation, referred to in the first paragraph of this paragraph, and how the interaction of federal executive authority in the field of migration and the diplomatic orinstitutions of the Russian Federation to the registration of a foreign citizen ordinary business visa established by the federal executive authority in the field of migration, in agreement with the federal executive body in charge of foreign affairs.
24.Foreign national referred to in paragraph 20 of this Article, the ordinary business visa is issued without issuing an invitation to enter the Russian Federation.The foreign citizen must confirm availability of funds for their stay in the Russian Federation and the exit from the Russian Federation at the end of their permitted under ordinary business visa.
25.Attraction to work as a highly qualified specialist foreign national staying in the Russian Federation on the basis of ordinary business visa, in a manner and under conditions established by this article.If the application of the employer or client works (services) to attract this foreign citizen as a highly qualified specialist ordinary business visa is issued to such foreign national shall be annulled at the same time he issued ordinarywork visa.
26.Employer or customer of works (services), by his own fault has not performed the obligations assumed in front of a highly qualified specialist, established in accordance with this Federal law, as well as mandatory conditions of the employment contract or significant conditionscivil contract for works (services), concluded with a highly qualified expert is entitled to re-attract skilled professionals to the conditions provided for by this Federal law, no sooner than two years from the date when the relevantcircumstances have been federal executive authority in the field of migration.
in case of appeal of the employer or client works (services) specified in the first paragraph of this paragraph, a new application to attract other highly qualified specialists prior to the expiration date specified in the first paragraph of this clause, the federal body of executivearea of migration without considering the new application on the merits in writing notify the employer or client works (services) the date on which it can handle a new application to attract highly qualified professional.
27.Arrived in the Russian Federation highly skilled and their family members (spouse, children under the age of eighteen years, as well as disabled children, reached the specified age or a dependent of such a highly qualified specialist) for the duration ofemployment contract or a civil contract for works (services) on their application in writing to the territorial executive authority in the field of migration may be issued a residence permit.Refusal of a residence permit specified persons permitted in the circumstances contemplated in subparagraphs 1 - 7 of paragraph 1 and paragraph 2 of Article 9 hereof.
28.In order to monitor compliance by employers or customers of works (services) and conditions involving the use of highly skilled tax authorities at the request of the federal executive authority in the field of migration will provide information on assessments and the amount thattax on personal income in respect of highly skilled professionals.Said information is used by the federal executive authority in the field of migration solely in order to monitor compliance by employers or customers of works (services) the conditions to attract and use highly qualified under this article, and notbe disclosed, except as required by federal laws.The procedure for providing such information, including in electronic form, defined by the federal executive authority in the field of migration, in agreement with the federal executive body authorized to exercise the functions of control and supervision in the sphere of taxes and fees.The procedure for processing and issuing a highly qualified professional work permits, extension of validity of this authorization form and procedure for issuing residence permits highly qualified specialists and members of his family established by the federal executive authoritymigration.
30. Features of income taxation of highly qualified specialists who have received a work permit, set by the legislation of the Russian Federation on taxes and duties. ";
7) supplemented by Article 13.3 to read:
" Article 13.3.Features of employment of foreign nationals from individuals
1.Citizens of the Russian Federation have the right to bring to work for hire under an employment contract or a civil contract for works (services) for personal, household and similar purposes not related to business activities(Hereinafter - the work activity of individuals) who are lawfully within the territory of the Russian Federation of foreign citizens arriving to Russia in order not requiring a visa, if each of such foreign national patent granted in accordance with thisFederal law.
2.To obtain a patent lawfully in the territory of the Russian Federation a foreign citizen, who arrived in the Russian Federation in a manner not requiring a visa, submit to the territorial agency of the federal executive authority in the field of migration:
1) a statement ofpatent;
2) an identity document of a foreign citizen and is recognized by the Russian Federation as;
3) a migration card with a mark of authority of border controls on entry of foreign citizens in the Russian Federation or with the markfederal executive authority in the field of migration on this issue foreigner said of the migration card;
4) documents confirming payment of the tax on personal income in the form of a fixed down payment in the manner prescribed by lawFederation on taxes and charges (hereinafter - the document certifying payment of tax) for the previous period of employment of individuals on the basis of the patent;
5) information about the types of work for individuals engaged in such a foreign citizen, to be submitted toapproved by the federal executive authority in the field of migration.
3. In the primary treatment for the issuance of the patent documents referred to in paragraphs 4 and 5, paragraph 2 of this Article shall not be submitted.
4.Territorial bodies of federal executive authority in the field of migration within ten working days from the date of the adoption of a foreign national who arrived in the Russian Federation in a manner that does not require a visa application for a patent must issue this foreignnational patent or a notification of refusal to extradite him.
5. A patent is granted for a term of one to three months. Term of the patent can be repeatedly extended for a period not exceeding three months.The total term of the patent, taking into account renewals may not exceed twelve months from the date of grant.
term of the patent is extended for the period for which paid income tax on individuals in a fixed down payment in the manner prescribed by the legislation of the Russian Federation on taxes and charges (hereinafter - VAT).In this case, appeal to the territorial bodies of federal executive authority in the field of migration is not required.
Otherwise, the validity of a patent is terminated from the day following the last day of the period for which tax is paid.
6.After twelve months from the date of grant of the patent foreigner may apply to the territorial bodies of federal executive authority in the field of migration for obtaining a new patent in accordance with paragraphs 2 and 3 of this article.
7.A patent is granted a foreign citizen in person upon presentation of a document certifying their identity and are recognized by the Russian Federation in that capacity, and a document certifying payment of tax on the period for which a patent is issued.
8.A patent grants the right of foreign citizens to work on the territory of the Russian Federation subject in which issued.
9.In case a foreign citizen temporarily residing in the Russian Federation over the established pursuant to paragraph 2 of Article 5 and Article 5.1 hereof the period of temporary stay and the validity of existing patents had not been renewed or a foreign national was not obtained a new patent, the foreign citizen is obliged to leave the Russian Federation upon the expiry of fifteen days from the date of expirythe patent. During these fifteen days, the foreign citizen is considered to be lawfully in the territory of the Russian Federation.
10.In order to implement a foreign citizen, having a patent, of a non-work-from individuals, the foreign citizen must obtain permission to work in the manner prescribed by this Federal Law.In this case, work permits given to foreign citizen may be granted for a term not exceeding one year from date of entry into the Russian Federation.
11.Patent foreigner is issued, and issued patent annulled the territorial agency of the federal executive authority in the field of migration:
1) in the case of registration of a foreign citizen as an individual entrepreneur;
2) in the caseactivity in individuals with the assistance of the labor of third parties;
3) in the circumstances contemplated in subparagraphs 1, 2 and 4 of paragraph 9 and paragraph 9.1 of Article 18 hereof.
12.Peculiarities of taxation of income of foreign nationals received from the work of individuals, defined by the legislation of the Russian Federation on taxes and fees.
13.The form of patents established by the Government of the Russian Federation.";
8) in Article 18:
a), subparagraph 1, paragraph 2, the words" unless otherwise stipulated by this Federal Law ";
b) paragraph 9, add subparagraphs 12 - 14, to read:
" 12) received non-renewal validity of work permits1 hereof;
13) arrived in the Russian Federation in a manner that does not require a visa, and within fifteen working days after the early termination of the employment contract or a civil contract for works (services), as well as after the cessation ofemployer's business or customer activities (services) in connection with the liquidation (termination of a natural person acting as an individual entrepreneur) has not concluded a new contract or a civil contract for works (services) in accordance with paragraph7.5 Article 13.1 hereof;
14) arrived in the Russian Federation in a manner that does not require a visa, and got permission to work under an employment contract or a civil contract for works (services) with an employer or customer of works (services)more than six consecutive months, have not reported to tax authorities. ";
c) to add paragraph 9.3 to read as follows:
" 9.3.In case of cancellation of work permit or the expiration of a work permit if there are no grounds for extending the deadline or if the foreigner has not taken the actions required for such an extension in accordance with this federal law, laborcontract or civil contract for works (services), concluded with a foreign national subject to termination. ";
g) add paragraph 9.4 to read as follows:
" 9.4.Information about the cancellation of a work permit revoked patent, as well as on work permits have expired, is housed in public information systems in the manner determined by the federal executive authority in the field of migration, not later than threeworking days from the date of the decision to cancel the work permit or a patent or expiration of a work permit. ";
e) to add paragraph 9.5 to read as follows:
" 9.5.Territorial bodies of federal executive body in charge of control and supervision in the field of taxes and charges, at the request of the federal executive authority in the field of migration and its territorial offices to provide information on the elimination of legal entity -employer or client works (services), termination of an individual - the employer or customer of works (services) activities as an individual entrepreneur, failure to provide employees and customers of works (services) within six months or more consecutive reporting to the taxbodies. ";
9), paragraph 4 of Article 18.1 to add the following paragraph:
" Amendment referred to in the first paragraph of this paragraph list for the next year by up to 31 March this year. ";
10) supplemented by Article 18.Maintain a data bank on the implementation of foreign nationals work. Form of providing state financial support
1.The federal executive authority in the field of migration has formed within the state information system of migration control data bank on the implementation of foreign nationals work, which made information about the documents issued to foreign nationals inaccordance with this federal law.
2.
Article 2
Amend Article 25.6 of the Federal Law of 15 August 1996 N 114-FZ "On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation" (Collected Legislation of the Russian Federation, 1996, N 34, Art. 4029; 2003, N 2, Art. 159, 2006, N 31, art.3420) the following changes:
1) part three, the words "and for up to thirty days of a foreign national referred to in paragraph 23 of Article 13.2 of the Federal Law of 25 July 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation" (hereinafter - Federal law "On Legal Status of Foreign Citizens in the Russian Federation") ";
2) of the seventh in the following wording:
"Ordinaryforeign citizen entering to the Russian Federation to implement the work, the duration of the contract or a civil contract for works (services), but no more than one year.Foreign citizen who engage in labor activities in accordance with Article 13.2 of the Federal Law "On Legal Status of Foreign Citizens in the Russian Federation," ordinary working visa is issued for the term of the employment contract or a civil contract for works (services), but no more than three years from date of entry of the foreigncitizen in the Russian Federation, followed by extension of validity of this visa for the duration of the employment contract or a civil contract for works (services), but no more than three years for each such renewal.. "
Article 3 shall come into force on 1 January 2013.
Article 3
The Federal Law of 25 July 1998 N 128-FZ "On state fingerprint registration in the Russian Federation" (Collected Legislation of the Russian Federation, 1998, N 31, art.1002, 2002, N 30, Art. 3032, 3033, 2003, N 27, Art. 2700; 2004, N 18, Art. 1687; N 27, Art. 2711; 2006, N 31, art. 3420, 2007, N 24, Art. 2832, 2008, N 19, Art. 2094; N 52, Art. 6227, 6235, 2009, N 1, Art.30) the following changes:
1) in the first paragraph of Article 9:
a) paragraph "in the" add the following paragraph:
"federal executive body that implements the state policy on migration and the implementation of the law, responsibility forpublic services in the field of migration (hereinafter - the federal executive body authorized to exercise the functions of control and supervision in the field of migration), and its regional bodies, organizations, divisions, including foreign ones; ";
b) add paragraph" n "content:
"n) Foreign citizens and stateless persons, in respect of which the decision on issuing work permits, or patents, granting the right to pursue employment in the Russian Federation;";
c) to add paragraph "p" as follows:nationals and stateless persons who engage in labor activities in the Russian Federation in violation of the laws of the Russian Federation; ";
d) add paragraph" c "as follows:
" c) Foreign nationals and stateless persons who applied to the territorialexecutive body authorized to exercise the functions of control and supervision in the field of migration, with an application for obtaining a duplicate of a work permit, immigration cards, visas, temporary residence permits, residence permits or tear off a portion of announcing the arrivalreplace lost or corrupted.";
2) in the first paragraph of Article 11:
a) the third paragraph after the words" and its territorial bodies, "the words" organization unit, ";
b) the fifth paragraph should read:
" persons referred to in paragraphs "g" - "L", "n" - "with" the first part of Article 9territorial agencies, organizations, units of the federal executive body authorized to exercise the functions of control and supervision in the field of migration; ";
3) in the third paragraph of Article 12 after the words" the administration of ports, "the words" federal agencyexecutive power authorized to exercise the functions of control and supervision in the field of migration and its territorial agencies, organizations, units, the second sentence be deleted;
4) Article 13 to add the fifth part as follows:
"Federal agencyauthorized to exercise the functions of control and supervision in the field of migration and its territorial bodies stored fingerprint information of the persons referred to in paragraphs "h" - "L", "n" - "with the" first part of Article 9 of this Federal Law, until the those individuals aged 80 years.";
5) Article 14 to add the fourth part as follows:
" Public bodies referred to in Article 11 of this Federal Law and this Article, to establish or confirm the identity of a citizen of the Russian Federation, foreign citizens or personsuse fingerprint information arrays have the right to conduct identification by fingerprints (palm) of hands, obtained from the audited entity.. "
Article 4
Amend paragraph 2 of Article 56 of the Budget Code of the Russian Federation (RF Code of Laws, 1998, N 31, art. 3823, 2004, N 34, Art. 3535, 2005, N 27, Art. 2717; N 52, Art. 5572, 2006, N 52, Art. 5503, 2007, N 18, Art. 2117; N 46, Art. 5553; N 50, Art.6246, 2008, N 48, Art. 5500, 2009, N 1, Art. 1918; N 30, Art. 3739; N 39, Art. 4532; N 52, Art.6450) the following changes:
1) supplemented by a new fifth paragraph to read:
"tax on personal income paid by foreign citizens in the form of a fixed pre-payment upon exercise of the Russian Federation workaccording to the norm 100 percent; ";
2) paragraphs five - thirty-fourth paragraphs shall be considered as the sixth - the thirty-fifth.
Article 5
Amend Part II of the Tax Code of the Russian Federation (RF Code of Laws, 2000, N 32, art.2289; N 33, Art. 3413; N 49, Art. 4564, 2002, N 22, Art. 2026; N 30, Art. 3021, 3033, 2003, N 1, Art. 2; N 19, Art. 1749; N 21, Art. 1958; N 28, Art. 2874, 2879, 2886; N 50, Art. 4849, 2004, N 27, Art. 2711, 2715; N 31, art. 3231; N 34, Art. 3518, 3527; N 45, Art. 4377, 2005, N 1, Art. 29, 30, 38; N 24, Art.2312; N 27, Art. 2710, 2717; N 30, Art. 3104, 2006, N 30, Art. 3295; N 31, art. 3436, 3443, 3452; N 50, Art. 5279, 5286, 2007, N 1, Art. 20, 31; N 13, art. 1465; N 21, Art. 2462; N 31, art. 4013; N 45, Art. 5416; N 49, Art. 6045; N 50, Art. 6237, 2008, N 18, Art. 1942; N 30, Art. 3577, 3614; N 48, Art.5519; N 49, Art. 5723, 2009, N 18, Art. 2147; N 23, Art. 2772, 2775; N 29, Art. 3598, 3639; N 30, Art. 3739; N 39, Art. 4534; N 45, Art. 5271; N 48, Art. 5726, 5731; N 52, Art. 6444, 6455, 2010, N 15, art.The tax rate is set at 30 percent on all income received by individuals are not tax residents of the Russian Federation, except for income received:
in the form of dividends from equity participation in the activities of Russian organizations,whose tax rate is set at 15 percent;
from the implementation of work specified in Article 227.1 of this Code in respect of which tax rate is set at 13 percent;
from the implementation of employment as a qualified expert in accordance with Federal law of 25 July 2002 N 115-FZ "On the Legal Status of ForeignersRussian Federation in respect of which tax rate is set at 13 percent. ";
2) Paragraph 2 of Article 226 after the digits" 227 "add digits", 227.1 ";
3) add Article 227.1 to read as follows:
" Article 227.1.Features of the calculation of tax and filing tax returns by foreign nationals engaged in career employment with individuals on the basis of an employment contract or a civil contract for works (services) for personal, household and other similarneeds not related to business activities. Order of tax
1.Foreign nationals performing career employment from private individuals on the basis of the patent, granted in accordance with Federal law of 25 July 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation" (hereinafter in this article - patent), calculate andpay tax on income derived from such activities, in the manner prescribed by this article.
2. Payment of tax is in the form of a fixed upfront payment of $ 1000 per month.
3.The size of the fixed advance payments referred to in paragraph 2 of this article is subject to indexation factor deflator, is set annually for each following calendar year and takes into account the change in consumer prices for goods (works, services) in the Russian Federation for the previouscalendar year, as well as factors deflator, which were applied in accordance with this paragraph above. Ratio-deflator is determined, subject to official publication in the manner prescribed by the Government of the Russian Federation.
4.Fixed advance payment paid by the taxpayer at the place of residence (place of residence) of the taxpayer before the beginning of the period for which a patent is issued, any day of the period for which the extended patent term.
In the settlement document, the taxpayer shall indicate the name of payment "tax on personal income in the form of a fixed down payment."
5.The total amount of tax payable to the appropriate budget, calculated by the taxpayer, taking into account paid during the tax period fixed prepayments.In the event the amount paid during the tax period fixed upfront payment exceeds the amount of tax calculated for the tax period based on actual revenue received by the taxpayer, the amount of such excess is not the sum overpaid tax and are notbe refunded or offset against the taxpayer.
6.The taxpayer shall be exempt from reporting to the tax authorities tax declaration, except if:
1) the total amount of tax payable to the appropriate budget, calculated by the taxpayer on the basis of income actually received from activitiesparagraph 1, exceeds the amount paid to the fixed advance payments for the tax period;
2) the taxpayer leave the Russian Federation until the end of the tax period and the total amount of tax payable to the appropriate budget, calculatedon the basis of income actually received from activities referred to in paragraph 1 above, exceed the amount paid by fixed prepayments;
3) patent revoked in accordance with Federal law of 25 July 2002 N 115-FZ "On the Legal Status of ForeignersRussian Federation ".";
4) in paragraph 1 of Article 229:
a) The first paragraph after the digits "227" add digits ", 227.1";
b) the second paragraph, the words "unless otherwise provided in Article 227.1 of this Code" .
Article 6
amend the Code of the Russian Federation on Administrative Violations (Collected Legislation of the Russian Federation, 2002, N 1, Art. 1, 2004, N 44, Art. 4266, 2005, N 1, Art. 13, 2006, N 45, Art. 4641, 2007, N 26, art.3089) the following changes:
1) first paragraph of Article 18.10 read as follows:
"Implementation of a foreign citizen or stateless person work in Russia without a work permit or a patent, if such permission either for a patent required under federal law, -";
2) paragraph18.15 to read as follows:
"1.Attraction to work in the Russian Federation a foreign citizen or stateless person in the absence of a foreign citizen or stateless person a work permit or a patent, if such permission either for a patent required under federal law - ".
Article 7
Amend Article 23 of the Federal Law of 18 July 2006 N 109-FZ "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation" (Collected Legislation of the Russian Federation, 2006, N 30, Art. 3285, 2009, N 29, Art.3636) the following changes:
1) Part 1 paragraph 1.1 add the following lines:
"1.1) shift the seat of a foreign national in the Russian Federation;";
2) to supplement Part 2.1, to read:
"2.1.Removal of a foreign citizen from the register at the place of residence on the grounds specified in paragraph 1.1 of Part 1 of this Article shall be provided with the migration account after receiving the notice in the prescribed manner of staging such alien registration at the new place of residence. ".
Article 8 1.Foreign nationals arriving in the Russian Federation in a manner not requiring a visa with the date of entry into force of this Federal Law a work permit and implemented in accordance with a specified resolution of career employment for individuals on the basisemployment contract or a civil contract for works (services) for personal, household and similar purposes not related to business activities shall have the right to carry out such work at the basis of this authorization prior to the expirationhis actions.
2.Since its entry into force of this Federal law, foreign citizens mentioned in paragraph 1 of this Article shall be entitled to engage in labor activities on the basis of a patent in accordance with Article 13.3 of the Federal Law of 25 July 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation" (as amended by this Federal Law). At the same time from the date of receipt of such foreign nationals of a patent previously issued to them a work permit will be canceled.This Federal Law shall enter into force on 1 July 2010, except for subparagraph "d" of paragraph 4 of Article 1 and Articles 3 and 5 hereof.
2. Subparagraph "d" of paragraph 4 of Article 1 and Article 3 of this Federal Law shall enter into force on 1 January 2013.
3.Article 5 of this Federal Law shall enter into force after its official publication.
4.The provisions of paragraph 3 of Article 224, paragraph 2 of Article 226, paragraphs 1, 2, 4 - 6, Article 227.1, paragraph 1 of Article 229 of the second part of the Tax Code of the Russian Federation (as amended by this Federal Law) shall apply from 1 July 2010.
5.Coefficient of the deflator, pursuant to paragraph 3 of Article 227.1 of Part II of the Tax Code of the Russian Federation (as amended by this Federal Law), is used to determine the size of the fixed advance payments of tax on personal income, payable in 2012 and subsequent periods.
President of the Russian Federation Dmitry Medvedev
Moscow, the Kremlin
May 19, 2010
N 86-FZ
|
