How to obtain a work visa for a regular foreign employee (non-highly qualified specialist)?

You will learn:

1. What is the duration of a work visa for a regular foreign employee?

2. Features of obtaining a work permit for a regular foreign employee.

3. Features of the procedure for obtaining a work visa for a regular foreign employee.

The employment of regular foreign employees is a more complex and lengthy process than the employment of highly qualified specialists (HQS). After obtaining a work permit, a regular foreign employee is issued a single-entry work visa for a period of up to 3 months. Subsequently, such a visa can be reissued as a multiple-entry visa for up to 12 months.

Unlike HQS, a regular foreign employee requires not only a work permit but also a permit for the company to attract foreign labor. Only after obtaining these permits can an invitation to enter Russia be issued to such an employee and a visa obtained.

Another restriction when hiring a regular foreign worker is the quotas set by Russia. Every year, quotas are set in Russia for the maximum number of foreign workers that companies can hire. Therefore, a company must first submit an application to a special commission, which meets on average once every 3 months. The commission decides on the possibility of allocating a quota to the company for the required number of regular foreign workers. If the annual quota is exhausted at the time of application, the company will not be able to hire such a foreign worker. In the future, quota adjustments (clarifications) may be made, but the chances of obtaining a quota are very low. Therefore, it is advisable to submit applications for quotas for the required number of workers in the middle of the year preceding the year in which the quotas are allocated, when they are not yet exhausted (after their publication).

There is a limited list (no more than 100 positions) of non-quota professions (positions). Workers with such professions can be hired without submitting quota applications. This significantly simplifies the process of obtaining a work permit.

GETTING A WORK PERMIT FOR A REGULAR FOREIGN WORKER

As can be seen from the described actions, the process of hiring a regular foreign worker is quite laborious.

To obtain a work permit for a regular foreign worker, it is necessary to:

1. Before starting the process of obtaining a work permit for a regular foreign worker, the company needs to register with the migration service and obtain permission for the company to attract foreign workers.

2. If the profession (position) is quota-based, the company first needs to submit a quota application to the relevant commission. If the commission has allocated a quota to the company for this worker, the process of hiring can be continued.

If the profession is non-quota, this step can be skipped.

3. Post a job vacancy on behalf of the Company at the Employment Center for the position and profession for which an ordinary foreign worker needs to be hired. If the Employment Center has suitable Russian candidates for the vacancy, they may be referred to the Company for an interview. The Company must conduct an interview and provide a motivated refusal to hire each candidate if it does not wish to employ them.

After 30 days from the date of posting the vacancy, if no Russian candidate has been hired for the position, the Company may proceed with the process of hiring a foreign worker.

4. Submit a package of documents to the migration service for obtaining a work permit for the ordinary foreign worker.

5. The foreign worker must undergo testing for knowledge of the Russian language, the basics of Russian history and legislation, as well as undergo a medical examination and provide medical tests for the absence of diseases (HIV, tuberculosis, etc.).

6. Submit documents to the migration service for obtaining an invitation for the foreign worker to enter Russia on a work visa. The processing time for such an invitation is 20 working days.

On average, the processing time for obtaining a work permit and work visa for a foreign worker is 3.5 months if the profession (position) is not subject to quotas. If the profession (position) is subject to quotas and the Company needs to obtain a quota, the processing time may take a few more months (around 5 months).

Within 3 days after signing a labor contract with a foreign worker, the Company is obliged to notify the migration service of the conclusion of such a labor contract. As a result, the foreign worker receives a work permit (a plastic card with their information, validity period, and region in which they can work).

It is only possible to work under the permit in the company specified in the work permit. To work in another company, a new work permit must be obtained.

OBTAINING A VISA FOR A REGULAR FOREIGN WORKER

After receiving information about the readiness of the work permit and an invitation for a work visa, the foreign worker or their legal representative must apply for a visa at the Russian consulate indicated in the invitation. The processing time for a work visa usually depends on the chosen consulate service tariff (minimum processing time is 1 business day). The foreign worker is initially issued a single-entry visa valid for 3 months.

After the first entry into Russia on a single-entry visa, the worker needs to obtain a work permit from the migration service and submit documents to extend the visa validity period up to 12 months.

Do not agree to tempting offers found on the Internet and purchase a work invitation to Russia. Without concluding a labor contract with a Russian employer immediately after entering Russia, the short-term work visa for the foreigner simply will not be extended, and the money paid for such an invitation will be wasted.

Resume:

1. A multiple-entry work visa for up to 12 months is issued to a regular foreign worker for the purpose of "employment" upon obtaining a permit to attract foreign labor for the Company, a work permit, and an invitation to enter Russia for the foreign worker. In some cases, the Company needs to obtain a quota from the state for the required number of regular foreign workers.

2. To obtain a work permit for a regular foreign worker, it is necessary to:

- register the Company with the migration service and obtain a permit to attract foreign labor;

- apply for a quota in the quota commission (if the position is quota-based);

- advertise the vacancy on behalf of the Company at the Employment Center for 30 days;

- submit a package of documents to the migration service for the issuance of a work permit for a regular foreign worker;

- the foreign worker must pass a test on knowledge of the Russian language, the basics of the history and legislation of Russia, as well as undergo a medical examination and tests for diseases (HIV, tuberculosis, etc.);

- submit documents to the migration service for the issuance of an invitation for the foreign worker to enter Russia on a work visa.

On average, the processing time for obtaining a work permit and work visa for a foreign worker is 3.5 months if the profession (position) is non-quota. If the profession (position) is quota-based, the processing time may take longer (about 5 months).

3. After receiving information about the readiness of the work permit and obtaining an invitation for a work visa, the foreign worker or their authorized representative submits an application for a visa to the Russian consulate specified in the invitation.

Initially, the foreign worker is issued a single-entry visa valid for 3 months. After the first entry into Russia with a single-entry visa and obtaining a work permit, the work visa can be extended for a period of up to 1 year.