LawState and Law

Work permit for foreign citizens. Registration of a work permit

The rapid development of business and production in our country at this time is accompanied by labor migration both within the state and foreign citizens. In general, the order of employment depends on where one or another citizen came from. A work permit for foreign citizens is a document that can be obtained only after passing the procedure specified by law. We will try to understand it in detail.

Can I do without permission?

In principle, if you adhere to the law when you apply for a job, then there should not be any special difficulties. As a rule, citizens of the CIS travel to Russia in search of earnings. Such categories of subjects will need to obtain a work permit in the Russian Federation without fail. Without such a document, no single company can officially enroll an alien in its state.

A work permit for foreign citizens puts employers in the legal framework. After all, in this case, newcomers become protected, they are subject to the norms of the labor code, and they will receive social guarantees. In case of illegal work, the employee does not have any guarantees that he will receive a salary, leave, sick leave, etc. In addition, if the supervisory authorities find that there are employees in the company who do not have a work permit, Expect a serious fine.

How to get permission?

To obtain the necessary resolution, you need to perform the following algorithm of actions:

  1. Write an application to the local employment center in an arbitrary form.
  2. This document should justify the need to employ a citizen of another country. It will also be necessary to prove that such an employee will be provided with all the necessary conditions for labor in the company.
  3. Provide information on the total number of foreign professionals who work in your company (organization).
  4. And, finally, you need to apply to law enforcement agencies, where you get a work permit for foreign citizens. It is worth noting that it is issued for one year based on the decision of the employment center.

Required documents

In order to be able to employ foreign nationals, the employer must provide such documentation:

  • Application for permission;
  • A decision from the employment center on the justification of the need to recruit a foreign specialist;
  • Certificate of incorporation ;
  • Constituent documents;
  • Draft employment contract with a foreigner;
  • Data on people who have arrived from another country and intend to settle into a particular firm (this information can not be transferred to outside organizations, and a foreigner can not be transferred to another company).

How many times do I need to get permission?

In general, these are all the necessary documents. A work permit is issued only for work in one competitive company, and in other places foreigners can not be involved. But what if the employer, for example, liquidates the enterprise? In this case, the permission issued will be lost. The fact is that this document is issued only for one employer, respectively, if an employee stops working for him, he can not get a job with the same paper elsewhere. To do this, you will have to obtain a new work permit for foreign citizens.

Classification of foreigners

It should be noted that for all foreigners (with or without a visa) there is a certain classification.

  1. Citizens of another country who are temporarily in the Russian Federation. Such persons stay in Russia on a migration card. They have the right to live in the country for not more than 90 days. Moreover, the presence or absence of a visa role does not play at all.
  2. People who temporarily live in Russia. This category of persons is allowed to stay in the country for up to 3 years. In addition, to confirm his status, a person should not only carry out a work permit every year, but also apply to the FMS.
  3. Persons permanently residing in Russia. In particular, we are talking about foreign nationals who received a residence permit in Russia (residence permit). Thus, these citizens are recognized as permanently residing in the territory of the Russian Federation.

All foreigners who temporarily live or are temporarily in the state are required to obtain permits for work in the migration service (territorial or federal). After crossing the border, visitors fill in the migration card.

To get a job, a migrant or an employer representative needs to contact the FMS with such documentation:

  • A copy of the passport (if necessary, translate it into Russian);
  • Plastic migration card;
  • Receipt of payment of the fee;
  • Photograph 3 x 4;
  • To obtain a work permit in Russia, you must also write a statement.

The employer in turn is obliged to inform the employment service and the FMS about the employment of the foreigner.

Foreigners and tax

The tax legislation has its own classification of foreign citizens, depending on their belonging to a certain tax rate. The first group includes non-residents. According to the Tax Code, all citizens of other countries, if they stay on the territory of Russia for less than 183 days, are considered tax non-residents.

Therefore, in addition to the fact that it is necessary to obtain a work permit for foreign citizens, the law obliges the employer to obtain a document that indicates the stay of an employee in Russia no more than 183 days. With such persons, the amount of personal income tax in the amount of 30% will be withdrawn. After the period of stay in the state is over, it will be necessary to recalculate. But, on the other hand, in fact the employer can not track the departure of a foreign specialist. And in such a situation, the time of the termination of the employment contract will automatically be considered the end of the stay of such a person in Russia. If no calculation was made at a rate of 30% and a tax debt was created for the employee, but the employee has already left, the accrued amount from the employer can not be claimed.

Quite a different situation when a foreigner visits the Russian Federation for more than 183 days. Such entities will be considered residents and may pay a tax of 13%. If a foreigner has obtained a work permit in Russia and can show documents that he is in the country for more than 183 days, then the company must recalculate at a rate of 13%. All excessively withheld funds must be returned by the employer to a foreign employee.

Exceptions

The law provides that in some cases, certain persons may not receive a work permit. The list of such persons is quite wide, here are some of them:

  • Employees of consulates;
  • Persons who study in Russia and wish to work on vacation;
  • Ambassadors and employees of diplomatic consulates;
  • Journalists who were accredited in Russia;
  • Employees of international organizations;
  • Participants in various programs for the return to Russia of Russian citizens who lived abroad;
  • Scientists, teachers, scientists;
  • Representatives of foreign firms (manufacturers or suppliers);
  • Other categories of persons.

In addition, there are industries in which foreigners can not work and, accordingly, in such cases obtaining a work permit will be ruled out. So, foreigners are not accepted:

  • In the Russian army and other formations;
  • On military production;
  • To the state or municipal service ;
  • In military aviation (namely, the composition of the crew);
  • Nuclear production;
  • In departments that ensure the preservation of state secrets.

When can they refuse?

In some cases, you may not be issued a work permit. The FMS, in particular, has the right to refuse in such cases:

  • If a citizen threatens the security of the Russian Federation (advocates violent changes to the Constitution, finances terrorism, takes extremist activities, etc.);
  • For five years, which preceded the filing of the application, was expelled from Russia;
  • Gave untrue information about himself;
  • Was convicted of an especially grave, serious crime or committed a relapse;
  • Is a drug addict;
  • Other cases.

Cost of authorization

It will be difficult to name the exact cost of a work permit. The foreigner will have to pay a state fee of up to 40 rubles, and also spend money on obtaining various certificates, a certificate for the absence of HIV infection, etc. If you seek help from intermediary companies, you will have to pay from 2,000 rubles or more.

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