Major changes have been recently introduced to regulations concerning highly qualified specialists (hereinafter referred to as the “HQS”) in accordance with the recently adopted Federal Law No. 316-FZ, which made amendments to the Federal Law No. 115-FZ dd. July 25, 2002 “on the legal status of foreign citizens in the Russian Federation”. A number of changes have already come into force, but the most part will be implemented early in 2024.
Effective from July 10, 2023:
- in case of prolongation of a working permit (hereinafter referred to as the “WP”) of an HQS, the latter as well as members of their family are to undergo medical examination within the 30-days term after the decision on the WP prolongation is made or from the day they enter the territory of the Russian Federation.
- requirement to undergo medical examination on a repeated basis (upon expiration of a 1-year term from the day the person had undergone such examination) is no longer applicable to HQS family members.
Effective from January 06, 2024:
- an HQS who has been carrying out activities on the territory of the Russian Federation for 2 years, is now entitled to receive a permanent (unlimited) residence permit as well as their family members. The only condition in addition to the 2-years term is the employer of the HQS having accurately paid all taxes and fees for the entire period of stay of the HQS on the territory of the Russian Federation.
- the period of stay of an HQS on the territory of the Russian Federation in case of termination of their employment contract has been reduced to 30 days, during which the HQS is to find a new employer and arrange the necessary documentation. If the foreigner fails to meet the aforementioned requirements and deadlines, they and their family are to leave the Russian Federation within 30 calendar days.
- new term for receipt of WPs has been established (applicable to both new and prolonged WPs) – 30 days from the date the decision on issuance of such WP made. If the WP is not received by the HQS within the specified period of time, such WP gets revoked, then the HQS and their family have to leave the territory of the Russian Federation within 15 calendar days after decision thereon is made. Upon a respective application the 30-days term can be prolonged, but not more than for 30 days from the date of receipt of such application by the Ministry of Internal Affairs.
- employers are no longer able to hire HQS within the 2-years term, in case the former failed to file (during the last reporting period) accurate information on the amount of personal income tax concerning HQS to the tax inspectorate.
Will come into force from March 01, 2024:
The lowest salary/remuneration threshold for HQS has been raised to 750 thousand rub per quarter. In accordance with the clarifications provided by the Ministry of labor and social security of the Russian Federation, salary in the amount specified should already be paid for the period January-March 2024, respective data should be included in the notification filed to the Ministry of Internal Affairs for the 1st quarter of 2024.
