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IMPACT – MEDIUM
What is the change? Reports on the salaries paid to highly qualified specialists during the third quarter of 2016 (July through September) are due Oct. 31.
What does the change mean? The reports are required quarterly, and employers must meet the minimum salary payment levels by the end of each quarter.
Background: Employers must meet quarterly salary thresholds and report them each quarter. Employers should make sure they have paid all required salaries by the end of each quarter. Companies that do not comply with the rules may be fined 400,000 to 1 million rubles (about US$6,270 to $15,676). Individual company officers may also be fined 35,000 to 70,000 rubles.
BAL Analysis: Companies are reminded to submit the salary notifications no later than Oct. 31 and observe the mandatory salary minimums.
This alert has been provided by the BAL Global Practice group and our network provider located in the Russian Federation. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? The Head Migration Office of the Ministry of Internal Affairs of Russia has temporarily closed its doors while it moves to a new address. The office is expected to reopen next week.
What does the change mean? The office has temporarily stopped accepting applications and issuing letters of invitation and work permits for highly qualified specialists.
Background: The Head Migration Office of the Ministry of Internal Affairs of Russia (formerly the Federal Migration Service of Russia) temporarily shut its doors at its old location Monday and will reopen next week at 4 Boyarsky Pereulok, Moscow, near the Krasnye Vorota Metro station.
BAL Analysis: Delays should be expected not only this week, but also when the office reopens as workers move through a likely backlog. Those with business before the Head Migration Office should make note of the new location.
About Berry Appleman & Leiden LLP Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
Source: Berry Appleman & Leiden LLP
What is the change? The Ministry of Internal Affairs will soon change the requirements for Association of European Businesses members applying for work permits or letters of invitation at the ministry’s central migration office in Moscow.
What does the change mean? Beginning Saturday, AEB members applying for highly qualified specialist work permits or letters of invitation based on their AEB membership must be on an official AEB list. Documents filed at the central migration office that are based on AEB membership will only be accepted from companies registered in Moscow or the Moscow region. Companies registered in other parts of Russia will be required to submit documents to the relevant regional migration office. Companies registered in Moscow or the Moscow area should contact AEB immediately to make sure they are on the official list.
Background: The AEB represents the a number of European companies that conduct business in Russia. AEB membership can, in certain instances, ease the processes of obtaining work permits or letters of invitation. In particular, AEB members have, up to this point, been allowed to apply for work permits and letters of invitation at the central migration office, regardless of where they were registered. This option is usually more convenient, but is now only available to AEB companies registered in Moscow or the Moscow region. The central migration office in Moscow is moving to tighten up these processes by imposing the requirements listed above. No official comment has been offered, but the changes may have been undertaken in part to decrease the workload of the central migration office.
BAL Analysis: Affected AEB member companies should contact the AEB immediately to ensure that they are able to continue requesting HQS work permits and letters of invitation based on their AEB membership. Those who have to pursue other routes may wish to contact their BAL professional to discuss other options.
What is the change? The Moscow regional Federal Migration Service office has begun enforcing recently introduced health insurance requirements for foreign nationals conducting work activities.
What does the change mean? Companies sponsoring foreign nationals in the Moscow region should be prepared to show proof of health insurance coverage that meets all requirements, including a minimum insured sum of 100,000 rubles (about US$1,530), an insured term that covers the duration of the work permit, and coverage in the territorial area where the employee will work.
Background: New health insurance rules that were announced in a September decree by the Central Bank of Russia were rolled out in January and took full effect in May. The regional Moscow FMS office has begun checking the insurance certificates of work permit applicants to make sure their terms comply with the Central Bank’s requirements.
BAL Analysis: To avoid delays, foreign nationals intending to work in Russia should make sure their health insurance policy meets all requirements before applying for their work permits. Other jurisdictions in Russia are expected to begin enforcing the requirements soon.
What is the change? President Vladimir Putin has signed a presidential decree abolishing the current Federal Migration Service and shifting immigration services to the Ministry of Internal Affairs. The country will also reduce its staff handling immigration matters by roughly 30 percent.
What does the change mean? The change is organizational in nature and does not impact substantive immigration laws or regulations. The transition and the reduction in staff may cause some processing delays, however.
Background: Putin signed the decree on April 5. It covered a number of issues, including immigration services. While visa, work permit, work patent and other immigration laws and regulations will not be substantively altered by the organizational reshuffling, delays are possible.
BAL Analysis: BAL will follow the news in Russia and keep clients abreast of any significant developments, including any significant delays in services.
What is the change? Employers are required to file reports by April 29 on the salaries paid to highly qualified specialists during the first quarter of 2016 (January through March).
Background: Employers must meet quarterly salary thresholds and report them each quarter. Employers should make sure they have paid all required salaries by the end of each quarter. Companies that do not comply with the rules may be fined 400,000 to 1 million rubles (about US$6,120 to $15,300). Individual company officers may also be fined 35,000 to 70,000 rubles.
BAL Analysis: Companies are reminded to submit the salary notifications no later than April 29 and observe the mandatory salary minimums.
What is the change? Russia is prosecuting a growing number of cases against foreign nationals for misusing business visas and technical support visas.
What does the change mean? Companies are reminded that foreigners are not permitted to conduct work activities on business or technical support visas and such conduct may count as an administrative violation that can lead to a ban on re-entry.
Background: Russia has recently been clamping down on foreigners who commit even minor infractions that violate administrative laws, such as traffic violations and untimely address registration. Under a two-strikes law, foreigners who incur two administrative violations in a 12-month period are barred from re-entering Russia.
BAL Analysis: Foreign nationals should limit their activities in Russia to the stated purpose of their visit and keep track of administrative violations that could subject them to re-entry bans.
What is the change? Russian immigration authorities will no longer require that applicants for highly qualified specialist (HQS) work permits hold passports valid for three years.
What does the change mean? Beginning Friday, HQS applicants and renewal applicants may submit passports that are valid for one year from the date of application filing.
Background: Currently, HQS applicants must have a passport valid for three years or more beyond the date of filing their initial or renewal application. Some foreign nationals had trouble complying with the rule because some countries will not renew a passport before one year of its expiration.
Under the new rule, HQS applicants will only be required to show a passport that is valid for one year beyond the filing date. However, HQS applicants and family members applying for work visa invitation letters must have passports valid for 1 ½ years from the date of filing.
BAL Analysis: The new rule will eliminate the need for many foreign nationals to renew their passports and should make it easier for many of them to timely file their applications and renewals.
IMPACT – HIGH
What is the change? All Federal Migration Service offices are enforcing fines on foreign workers who fail to file for a correction to their work permit within seven business days of a change to their passport information.
What does the change mean? Although the fine is not large, it represents an administrative penalty, which counts as a strike under a two-strikes law that imposes a ban on entry for foreigners who incur two administrative violations in a 12-month period.
Background: The seven-day deadline for reporting passport changes was introduced last year, but not all FMS offices enforced the fines for noncompliance. Now, all FMS offices are enforcing the monetary penalty of 4,000 to 5,000 rubles (about US$50 to $62) before accepting a late filing.
BAL Analysis: To avoid incurring administrative penalties that may have serious adverse consequences in combination with other administrative violations, employers should plan to strictly observe the filing deadline for foreign employees whose passports are renewed or changed.
What is the change? Russia has implemented new rules requiring foreign nationals to obtain medical insurance documents that contain certain information, including information about the insurer, the insured person, the insurance company and the terms and validity of the insurance certificate.
What does the change mean? Beginning May 1, the Federal Migration Service will require applicants to submit medical insurance documents or certificates that comply with the new requirements.
Background: The new rules took effect Jan. 31, providing a 120-day transition period. Therefore, health insurers have until May 1 to change their documentation to conform to the new rules. Besides providing the information described above, the documents must show that the insurance is valid during the term of the work permit or work patent and that it is valid in all territories in Russia where the foreign national will be working.
BAL Analysis: To avoid processing delays, foreign nationals applying for visas and permits to Russia should confirm that their health insurance documentation contains the specified information and, if necessary, contact their health insurer.