A new and simplified procedure of obtaining work permits and work visas for French nationals came into effect on 1 March

A new and simplified procedure of obtaining work ...

Pursuant to Federal Law # 393-FZ, dated 28 December 2010 the agreement “On ratification of the agreement between the government of the Russian Federation and the government of the Republic of France regulating conditions of temporary employment for citizens of one of these states on the territory of the other” came into effect on 1 March 2011 (hereafter “Agreement”). The Moscow department of the Federal Migration Service is accepting documents from those who would like to obtain permits to employ foreign nationals and work permits for French citizens who are eligible to apply under the new and simplified procedure.

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To further develop business relations between Russia and France and to enhance the benefits gained through exchanging professional and cultural experience, Russia and France signed an agreement to simplify immigration procedures.

In this letter we will outline the simplified procedure that French citizens now go through to obtain Russian work permits.

 

Categories of French citizens eligible to obtain Russian work permits and work visas under the new agreement:

 

  • Employees of representative/branch offices – French citizens employed by representative or branch offices of a foreign legal entity located in Russia. The amount of eligible employees will be determined by Russian accrediting authorities.
  • Employees of groups of companies (group of companies - several companies operating under common direct or indirect management/ownership in accordance with founding (charter) documents):
    • French citizen who entered into an employment contract with a French company that is performing employment activities for another company that belongs to the same group of companies and is located in Russia.
    • French citizens who entered into an employment contract with a company that belongs to a group of companies and is located in Russia.
  • Head of company – French citizen who based on the laws of France or based on the company’s founding (charter) documents manages or administers the company in Russia.
  • Highly qualified employees – French citizens who have entered into an employment contract with a Russian company and fall within at least two of the following categories:
    • Is a college/university graduate whose professional/job duties that are indicated in the employment contract correspond with the graduate’s qualifications.
    • Has at least 5 years of professional experience in the professional/job duties indicated in the employment contract.
    • Receives a monthly salary of EUR3,200 and over.

 

Please note!

 

The highly qualified employee category in the Agreement differs from the well-known highly qualified specialist category as defined in Federal Law # 86 dated 19 May 2010 “On changes made to the Federal law ‘On the legal status of foreign nationals in the Russian Federation’ and other relevant regulations of the Russian Federation”. The law regulates work activities only for highly qualified specialists.

Also, provisions set forth in the Russian Tax Code article 224 paragraph 3, which establish a 13 per cent personal income tax rate for tax non-residents who work in the RF as highly qualified specialists, do not automatically apply to the highly qualified employees mentioned in the Agreement.

  • Young specialist – French citizens aged 18-30 who are just beginning their career and are going to Russia as part of their career and cultural development. In Russia they are employed under an employment contract with a Russian employer.
  • French citizens going to Russia to ‘work and travel’ – Individuals aged 18-30 traveling to Russia and exploring an opportunity to temporarily work in a Russian company during their vacation.
  • Accompanying family members – or children accompanying a work permit holder.

 

The Agreement’s advantages over standard immigration procedures used to engage foreign nationals to work in Russia

 

  • French citizens designated in points 1 through 6 are exempt from the annual employment quota.
  • French citizens designated in points 1 through 6 are exempt from the annual employment quota.
  • Processing time for corporate and work permits is reduced to approximately 1 month.
  • French citizens, except those designated in points 5-6, will be able to obtain a multiple-entry work visa and will be able to obtain visas for accompanying family members with a period of validity of up to 12 months at a Russian consulate. A multiple-entry work visa and visa for accompanying family members can be extended on the basis of a pro-longed employment contract through the migration authorities in Russia, but the length of each extension cannot be more than 3 years. The rule mentioned above does not apply to employees mentioned in item ‘a’ paragraph 2 above. Their work visas can be extended one time and for a period that does not exceed 6 months
  • Application packages can be filed and processed in Moscow regardless of where the employer is registered in Russia.
  • Application packages can be filed and processed in Moscow regardless of where the employer is registered in Russia.
  • Application packages can be filed and processed in Moscow regardless of where the employer is registered in Russia.
  • If a French citizen falls out of the preferential categories listed above, the Russian Federation’s general immigration laws will apply.

This document contains general information and is not designated for a particular individual or an organization. Our goal is to present the latest information in a timely manner; though, amendments to the agreement are possible at any point in the future. Prior to making use of the information set forth in this document, we suggest consulting with your KPMG advisor for a thorough analysis of your specific situation.

© 2022 KPMG Audit LLC, a Mongolian Limited Liability Company and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved.

 

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