Quotas and work permits for foreigners in Russia in 2010.

22.01.2010

Legal Update No. 112.

Goltsblat BLP advises that a number of legislative and other acts have been passed regarding quotas and work permits for foreigners in Russia in 2010 (resolutions of the Government of the Russian Federation of 28 November 2009 No. 961, No. 962 and No. 963 and of 16 December 2009 No. 1031, order of the Ministry of Health and Social Development of the Russian Federation of 22 December 2009 No. 1010н, and Federal Law of 27 December 2009 No. 374-ФЗ).

For 2010, it has been determined that Russia will need 1944356 foreign workers (half as many as in 2009), those in the greatest demand being the following priority occupational-skill groups: heads of organisations and their structural sub-divisions (about 200 thousand); skilled workers for commercial agricultural, forestry and fishery production orientated on the market (over 100 thousand); mining and construction workers (about 600 thousand); unskilled workers in all branches of the economy (over 450 thousand).

The list of quota-free occupations (specialisations, positions) for foreign qualified specialists hired to take up relevant positions has also been approved for 2010. This list, which comes into effect on 24 January 2010, includes the following 22 positions:

  • General Director (of a joint-stock company, association, enterprise, general directorate, inter-branch scientific and technical complex, production association);  
  • Director (of a department, branch, plant; for economics; of a representative office, factory, directorate, enterprise, firm, joint-stock company, association);  
  • Engineers (specialising in information security, automation and mechanisation of production processes);
  • President of an association (concern, corporation, etc.) (public commercial organisation);                    
  • Chairman of a Management Board;
  • Deputy Chairman of a Management Board. 

Positions included on the list in 2009 and now deleted are: Director (Manager) of a production association and Director (Head) of a combine. For 2010, however, the following positions have been added to the list: Department Director, Branch Director (Head), Director for Economics, Director (Head, Authorised Officer) of a directorate, President of an association (concern, corporation, etc. , корпорации и др.), Chairman and Vice-Chairman of a Management Board.

Foreigners may, therefore, work in the positions listed for 2010 even if the employer did not submit a quota application for some reason. In any case, however, the given positions must be included on the staffing list.

Quotas have also be approved for 2010 for issuing foreigners with 1944356 work permits and 611080 work visa invitations to enter Russia. Like the number of foreign workers required, each of these quotas has been halved in comparison with 2009.

It should also be mentioned that, in 2010, foreigners may account for the following percentages of the total work force used in Russia by commercial entities:

  • In the retail trade in alcoholic beverages (including beer), pharmaceuticals, retail trade in kiosks and at markets, other retail trade other than in stores – 0 per cent;
  • In other activities in the sports sphere – 25 per cent. 

Commercial entities are required to align their numbers of foreign workers in these spheres with the given limits.

Finally, from 28 January 2010, the changes in the Tax Code of the Russian Federation stipulate a rise in the state fees charged for issuing permits to hire foreign personnel, work permits for foreigners, invitations and visas, for immigration recording, issuing temporary and permanent residence permits.  In particular, the state duty for issuing a permit to hire foreigners is 6000 roubles per foreigner employed (previously 3000 roubles) and a work permit for a foreign citizen or stateless person – 2000 roubles (previously 1000 roubles).

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