Russia

This summary is designed to provide basic information about business visit and work authorization requirements and processes for Russia. Please remember that, as with any country, Russia’s immigration laws may change without notice. The information in this summary is of a general nature and does not constitute legal advice. For current and detailed Information regarding the topics below, as well as documentary requirements, processing times, post-arrival and departure requirements, penalties for non-compliance, allowances for accompanying family members, and any other information pertaining to your specific needs, please contact your immigration professional.

Important

Please be advised that applications filed in outlying regions of Russia are subject to the discretion of the adjudicating authorities; therefore process steps, document checklists and processing times vary depending on the location in Russia where immigration applications are submitted. The information below is generally followed in the different regions of Russia.

BUSINESS VISITORS

Business Visit Defined - A “business visit” is generally a short-term trip taken to conduct business activities for which work authorization is not required in the destination country. Once a foreign national requires work authorization, he or she is no longer considered a “business visitor” from an immigration perspective, even though he or she may be making a very short “visit” to a country for what he or she considers “business” purposes.

Allowable Activities - In Russia, business visitors must generally limit their activities to the following: 

• Attending business meetings, conferences, trade fairs, auctions, or seminars; 
• Negotiating or signing agreements or contracts; 
• Entering as a representative of a foreign company to install, dismantle, service, or repair equipment or software that was supplied by the foreign company, provided it is on a post-sales, contractual basis; 
• Examining goods to be purchased or purchasing or delivering goods pursuant to a sales contract; 
• Attending personal professional development and retraining programs; 
• Giving lectures at institutions of higher academic or professional education; or 
• Entering as a crew member or transportation driver.

If a business trip, even if very brief, will involve activities other than those outlined above, a work permit and visa will typically be required. However, there may be differences between activities permitted by law and those allowed in practice. Additionally, even when activities are limited to those listed above, if the foreign national will generate profit for the host entity, receive compensation from the host entity, or take direction from the host entity, a work permit may be required. Accordingly, it should not be assumed from the list above alone that a business visit is or is not sufficient for a given case. Please contact your immigration professional to confirm requirements for your case.

Type of Visa - Foreign nationals seeking to make business visits to Russia must typically obtain a business visa.

Unless exempt by treaty or other reciprocity agreement, foreign nationals are required to obtain a business visa prior to entering Russia for business visits. Please contact your immigration professional to determine whether or not a visa exemption applies to your nationality.

The business visa must be obtained from the Russian diplomatic post with jurisdiction over the applicant’s place of residence or country of citizenship.

Short-Term, Technical Activities - Business visitor status is generally appropriate for visits to install, service, or repair equipment or software that was supplied by a foreign national’s overseas employer, provided it is on a post-sales, contractual basis. Otherwise, a work permit is required. Please contact your immigration professional to confirm requirements for your specific case.

Basic Requirements - The following general requirements for business visitors are subject to change by Russian authorities. 

1. Typically, the applicant must be sponsored for a business visa by a Russian entity, which may be required to obtain a visa invitation letter from Russian authorities; 
2. The applicant must have a specific, realistic, and predetermined purpose for his or her stay in Russia; 
3. The applicant must be traveling to Russia for a limited and pre-set time period and the intended period of stay must be consistent with the purpose of the trip; 
4. The applicant must have a residence and an employer outside of Russia; 
5. The applicant may be required to obtain a health certificate indicating the results of an HIV test; 
6. The applicant may not receive compensation from a source within Russia; 
7. The applicant must evidence medical insurance for the stay from either a Russian medical insurance company or a foreign company with a representative agent in Russia; and 
8. The applicant must evidence sufficient funds to cover expenses for the visit, such as accommodations and meals.

Visa Application: Required Documents and Processing Times - Documentation requirements and processing times for business visa applications tend to vary across Russian diplomatic posts and to change frequently and without notice. Please contact your immigration professional for the most up-to-date information.

Maximum Stay - Business visas are valid for entry for 30, 90, 180 or 365 days. 30 and 90 day visas are generally single or double entry visas, while those issued for 180 or 365 days are multiple entry visas. The validity period granted is based on personal need, the underlying purposes of the trips, and the discretion of the issuing officer. Business visas may generally not be extended; a new visa must be obtained from a Russian consulate, if needed.

The maximum authorized period of stay under a business visa is 90 days within a 180 day period.

EMPLOYMENT AUTHORIZATION

The following is a summary of the requirements and process for obtaining employment authorization for Russia for the common scenario of an intra-company transfer.

Please note that certain nationals may be exempt from the work authorization requirement by treaty or other agreement. Please contact your immigration professional if you are not certain whether you require work authorization for Russia.

Basic Requirements - The Russian sponsoring company and the foreign national employee must meet basic requirements in order to apply for work authorization on behalf of the foreign national. The requirements are as follows. 

• The Russian government sets a national quota for the maximum number of available work permits and work visas for each year. Quota numbers often vary significantly from year to year, and may be changed during the course of a year. Quota numbers are also allocated among the different regions of the Russian Federation and among specific professions, occupations, and nationalities. To obtain quota numbers, employers must file a declaration of their need to sponsor foreign workers in the year preceding the application. 
• Sponsoring employers must obtain an “employment permit” (authorization to hire foreign nationals), which stipulates the number of foreign nationals it may hire, the positions the foreign nationals may fill, and the authorized nationalities of foreign nationals that can be sponsored; 
• Sponsoring employers must place a deposit equal to the approximate price of a one-way airplane ticket to the foreign national’s home country with the Federal Migration Service; and
• The foreign national must undergo a medical examination by a registered physician in a Russian State clinic and be free of tuberculosis, HIV, leprosy, and a variety of other infectious and sexually transmitted diseases. Foreign nationals who will also apply for a Residence Permit in Moscow may also be required to provide additional documentation and a certified negative drug test.

Process Overview - Obtaining work authorization in Russia is a complicated and multi-step process. First, the Russian government sets a national quota for the maximum number of available work permits and work visas for each year. To obtain quota numbers, employers must file a declaration of their need to sponsor foreign workers in the year preceding the application. Next, the employer must submit an application to the Federal Migration Service (FMS) for a general authorization to employ foreign nationals, known as an employment permit. If the application is approved, the employer will be issued a permit that specifies the maximum number of foreign nationals that it is authorized to employ at a given time, the positions that those foreign workers may occupy, and authorized nationalities of foreign employees.

Next, the employer must obtain a work permit for the foreign national employee and a visa invitation letter through the relevant local or regional office of the FMS (Note that in some regions, employers may be able to submit the employment permit and work permit applications simultaneously). Finally, the foreign national must apply for a work visa at a Russian diplomatic post using the invitation letter forwarded by the employer. Upon the foreign national’s entry into the Russian Federation on a work visa, the host employer provides the foreign national with the work permit. The foreign national can then obtain a one-year, multiple-entry visa for trips abroad.

Visa Application: Required Documents and Processing Times - Documentation requirements and processing times for both visa and work permit applications can change frequently and without notice. In addition, documentation requirements for visa applications tend to vary significantly across Russian diplomatic posts. Please contact your immigration professional for the most up-to-date information.

Work Permit and Visa Validity Period - Work permits can be valid for an initial period of up to one year. Depending on the validity period of the work permit, foreign nationals receive either a single entry work visa that is valid for up to three months or a multiple entry work visa is valid up to one year. Work permits and work visas may be extended.

"Regularization" from Visitor to Worker Status - A foreign national may not convert from visitor to work permit holder within the country.

PENALTIES FOR NON-COMPLIANCE

Employers can be audited by Russian authorities, during which, government officials may demand proof of compliance with immigration laws by both the employer and its employees. If violations are found, auditors can impose civil fines ranging from 2,000 to 800,000 RUR (approximately US$70 to 28,600) per offense and order the deportation of the employer’s non-compliant foreign national employees.

Violations can be found for a variety of offenses, including but not limited to: lack of proper documentation; discrepancy between the stated employment at entry and the actual employment; failure to comply with registration rules; working without proper authorization; and failure to notify tax, employment, or migration authorities of a foreign national’s employment.