Russia: Wide-ranging Changes to Highly Qualified Specialist Employee Framework
July 14, 2023
At a Glance
With effect from January 7, 2024, Russia’s Highly Qualified Specialist (HQS) employee regime will undergo wide-ranging changes, including (among others):
- Eligible HQS employees will be able to apply for standard permanent residence permits;
- Documentary requirements for HQS work permit applications (including renewals) will be relaxed; and
- Restrictions will be made to the allowable regions to which employers can apply for HQS permits.
The situation
With effect from January 7, 2024, Russia will be applying restrictions in some cases, and relaxed rules in other cases, to the Highly Qualified Specialist (HQS) employee regime.
A closer look
Change | Impact |
Standard permanent residence permit eligibility. HQS employees and their dependents will be able to apply for a general permanent residence permit (PRP) provided that the HQS employee has already been working in Russia for two years and the applicant has previously obtained an HQS PRP. |
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Simplified process for HQS work permit applications. When applying for HQS work permits (or renewals), employer companies will be able to provide certified copies of the employment contract (instead of an original copy). Furthermore, HQS will no longer need to provide migration registration documentation as part of a work permit renewal application.
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Restriction to regions on permit. HQS work permits will only be able to list the Russian regions in which the HQS employee is working - either with their employer (including its various subdivisions) or interdependent entities. Where a request is made to list multiple regions on a permit, the employer company will be required to apply to the migration authority located in the employer’s main region of business.
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Deadline to collect work permits. HQS employees (or their employers) will be required to collect HQS work permits (or renewals) within 30 calendar days of the authorities approving the permit. By petition to the authorities, this term may be increased by 30 calendar days (from the date of petition). Failure to collect the work permit by the deadline will result in the permit’s cancellation, and will require the HQS employee (and their dependents) to leave Russia within the next 15 calendar days.
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Leaving Russia upon termination of contract. HQS employees who fail to arrange a new HQS employment contract within 30 business days of the termination of their existing HQS employment contracts will be required to leave Russia (along with their dependents) within the next 30 calendar days.
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Currently, employees (and their dependents) have 30 business days to depart. Accordingly, after the change, the actual period of time to depart will decrease. |
Tax reporting obligations and HQS employees. Employers may be barred from employing HQS employees for two years if they fail to report the amount of taxes withdrawn from a HQS employee's salary within a six-month period following the reported tax period, or if they report fake such amounts.
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Background
These changes are part of a broader reform of Russia’s HQS regime, with the minimum salary level for HQS employees to change in March 2024 and obligations regarding medical checkups for HQS employees and their dependents also being altered.
Looking ahead
The changes are expected to come into force on January 7, 2024. Nonetheless, employers should prepare their internal systems and processes prior to this date, especially to reduce the risk of breach of reporting obligations or unintentional cancellation of work permits due to failure to collect approved permits within the designated timeframe.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].