Dear Cassandra,
This is my point of view: According to amendments to Migration legislation does not require registration of allowing documents for work in case if foreign citizens were invited to the Russian Federation as teachers for realization of employment in educational institutions, except for the persons entering to the Russian Federation for employment by teaching activity in establishments of professional religious formation (spiritual educational institutions). It means that foreign citizen should be officially invited and works in educational institutions. If you work as freelancer you should have to obtain allowing documents for work. С уважением, Julia Mitina <mailto:[email protected]> <http://www.ndla.ru> www.ndla.ru _____ From: [email protected] [mailto:[email protected]] On Behalf Of Cassandra Newbold Sent: Monday, May 17, 2010 7:57 PM To: [email protected] Subject: Expat List Re: Information concerning migration changes Does anyone know if this law pertains in the case where you work for different employers as a freelance English tutor? >> > > Dear All! > > > > This information can be usefull for you: > > > > The State Duma in the third reading has approved of the amendment to the law > № 115-FZ "About a legal status of foreign citizens in the Russian > Federation". (About modification of the Federal statute "About a legal > status of foreign citizens in the Russian Federation", the Tax code of the > Russian Federation and the Budgetary code of the Russian Federation (about > perfection of regulation mechanisms of external labor migration, protection > of a national labor market against redundant attraction of a foreign labor). > > > > This is the most important, aspects of the above-stated administration bill: > > > > The concept "competent experts" is entered. It is advanced that the > competent expert is the foreign citizen (both the visa countries, and > visa-free), having an operational experience, skills or achievements in a > concrete sphere of activity if conditions of their attraction to labor > activity in the Russian Federation assume reception of wages (compensation) > by it at a rate of two and more millions rubles for the period which is not > exceeding one year. For employment of that registration the permission to > attraction and use of a foreign labor is not required to the employer. The > maximum term of registration of the work permit increases. It constitutes > three years. It is issued out of quotas. > > After three-year stay in territory of the Russian Federation of the foreign > expert, the employer has the right to address to corresponding state > structures for the purpose of registrations of the personal work permit, for > similar term if there is concluded labor contract. > > Under the administration bill the employer independently advances competence > of the competent expert (in the presence of average professional or maximum > vocational training, including scientific employees and teachers), sends the > petition on issue to work permits, and also on entry visa registration on > territory of the Russian Federation. The foreigner also has the right to > declare it self as competent expert. > > As additional for attraction of foreign employees assumption by employers of > warranties on their housing, medical and to social security is fixed. > > To foreign citizens (competent experts), from a first work day in the > Russian Federation under the labor or civil-law agreement, the work term on > which constitutes not less than 183 calendar days, will be the taxation > order of the resident of the Russian Federation. > > The quantity of foreign citizens which can be involved within the limits of > the given mechanism in labor activity in territory of the Russian Federation > is not limited to quotas, in case of presence of the conclusion of body of > employment of the subject of the Russian Federation. > > > > In different words the employer employing the foreign citizen – the > competent expert will pass now only 2 stages for reception of allowing > documents: the territorial centre of employment of the population and УФМС > with the purposes of reception of the personal work permit for the foreign > employee. Thus, the order of giving and consideration of demands for > allocation of a quota and registration for the employer of the Permission to > attraction and use of a foreign labor is abolished. > > Data on competent experts will be placed on an official site of federal > enforcement authority in migration sphere. It will be possible to make out > ordinary visas to entry to the Russian Federation for the period of validity > about thirty days. The ordinary business visa is made out if there is > written offer on entry to the Russian Federation for the realization of > corresponding negotiations directed such foreign citizen by the employer or > the customer of works (services). > > > > Does not require registration of allowing documents for work for following > foreign citizens: 1) constantly living in the Russian Federation; 2) being > participants of the Government program on assistance rendering to voluntary > resettlement to the Russian Federation the compatriots living abroad, and > members of their families moving together with them to the Russian > Federation; 3) diplomatic representatives being employees, workers of > consular offices of foreign states in the Russian Federation, employees of > the international organizations, and also private house workers of the > indicated persons; 4) foreign legal bodies being workers (manufacturers or > suppliers), performing assembly works, service and warranty service, and > also after guarantee repair of the technical equipment delivered to the > Russian Federation; 5) being the journalists accredited in the Russian > Federation; 6) trained in the Russian Federation in educational institutions > of vocational training and performing works (rendering service) during a > vacation; 7) trained in the Russian Federation in educational institutions > of vocational training and working during free time from study as support > personnel in those educational institutions in which they are trained; 8) > invited to the Russian Federation as teachers for realization of employment > in educational institutions, except for the persons driving to the Russian > Federation for employment by teaching activity in establishments of > professional religious formation (spiritual educational institutions); 9) > being workers accredited when due hereunder in territory of the Russian > Federation of representations of the foreign legal bodies registered in the > Russian Federation in an order established by the legislation, within the > number adjusted at accreditation of indicated representations by authorized > accrediting body, on the basis of a principle of reciprocity according to > international treaties of the Russian Federation. > > > > Concerning an order of the stay which is not requiring reception of the > visa: > > > > Term of temporary stay in the Russian Federation of the foreign citizen who > has arrived to the Russian Federation in order, not requiring visa > reception, and concluded the labor contract or the civil-law work contract > (rendering of services) and received the work permit with observance of the > legislation, is enlarged for period of validity of the concluded agreement, > but no more than for one year estimated from the date of entry of the > foreign citizen to the Russian Federation. > > The given restriction does not extend on the foreign citizens involved for > realization of labor activity as competent experts. > > Extension of time stay for the foreign citizens who have arrived to the > Russian Federation is not supposed in order, not requiring visa reception, > and carrying out labor activity if according to inter-governmental > agreements about mutual visa-free trips of citizens such foreign citizens > for entry to the Russian Federation with the purposes of realization of > labor activity over the terms established by such inter-governmental > agreements, are obliged to receive the visa. > > > > For reception of the patent the foreign citizen represents In territorial > body of federal enforcement authority in sphere of migration a petition, the > receipt on payment of cost of the patent (1000 rubles a month). > > > > The patent grants the right to the foreign citizen to carry out labor > activity on hiring at physical persons in territory of the subject of the > Russian Federation where it is acquired. > > > > The patent duration constitutes from one about three months from the date of > its acquisition (extension). It is issued out of quotas. > > In the course of the year from the date of reception of the patent term of > its action is enlarged without the circulation in territorial body of > federal enforcement authority in sphere of migration under condition of > monthly pay by the foreign citizen of its cost. In a case if after three > working days from the date of the termination of period of validity of the > acquired (extended) patent by the foreign citizen its cost for the next term > is not paid, the patent becomes invalid. > > > > The foreign citizens, assuming to carry out labor activity in the Russian > Federation, at issue of work permits by it come under to photographing and > dactyloscopic registration in an order advanced by federal enforcement > authority in sphere of migration (presumably this innovation will become > effective only in 2012). Received as a result of photographing and > dactyloscopic registration the information on the foreign citizen comes > under to entering in a databank about realization by foreign citizens of > labor activity. > > Besides, the administration bill provides perfection of a regulation > mechanism of the labor activity which is carried out by persons, who came in > the Russian Federation in the visa-free order, registered in a place of stay > and carrying out job hunting in its territory independently. > > The given migratory flow is divided by means of two various regulation > mechanisms of labor activity: at employers - managing subjects and at > employers - of the physical persons who are not pursuing the aims of > extraction of profit. > > > > For realization of labor activity at employers - of managing subjects the > foreign citizen receives in ФМС Russia the work permit. Period of validity > of such permission should exceed term of the allowed time stay (as a rule, > no more than 90 days from the date of entry). > > The further extension is possible on labor contract period of validity at > submission in ФМС Russia the written labor or civil-law agreement, data on > sources and the size of the income received for time of realization of labor > activity under the work permit issued to it, documents on statement on the > migratory account. > > In case of cancellation of the labor contract before the expiry of the term > of action of the work permit the foreign citizen within fifteen days has the > right to conclude the new agreement and to address in ФМС Russia behind a > work permit extending validity (thus obligatory granting of the complete set > of documents, including medical examination). Otherwise the foreign citizen > is obliged to leave the Russian Federation. > > > > The responsibility of the advice not only of attraction of the foreign > worker is assigned to employers, but also about cancellation with it of > labor or civil-law contracts, and also about granting of holidays by it > without preservation of wages lasting more than one calendar month in the > course of the year. > > The information on the cancelled work permits, void patents, and also on the > work permits, which period of validity has expired, takes places in common > use information systems, not later than three working days from the date of > decision-making on work permit or patent cancellation or the expiry of the > term of action of the work permit. > > For the organizations, attending employment of foreign citizens in territory > of the Russian Federation, establishes the responsibility within three > working days from the date of employment of foreign citizens to notify on it > territorial body FMS of Russia. > > > > The taxation: > > > > The tax rate is established at a rate of 30 percent concerning all incomes > received by physical persons, not being tax residents of the Russian > Federation, except for the incomes received: in the form of dividends from > individual share in activity of the Russian organizations in which relation > the tax rate is established at a rate of 15 percent; from realization of > labor activity, (on the basis of the patent) the tax rate is established at > a rate of 13 percent; from realization of labor activity as the competent > expert in conformity in which relation the tax rate is established at a rate > of 13 percent. > > Discharge of tax is carried out in the form of the fixed advance payments at > a rate of 1000 rubles a month. > > > > Some aspects, concerning foreign citizens having the permission to temporary > residence and residence permit of the Russian Federation: > > > > The actions of the work permit of the foreign citizen who has obtained the > permit to temporary residence, can be extended territorial body of federal > enforcement authority in migration sphere for period of validity of the > permission to temporary residence (for this purpose it is necessary to > grant: 1) the application for a work permit extending the validity; 2) the > work permit; 3) the permission to temporary residence; 4) the labor contract > or the civil-law work contract (rendering of services), concluded and issued > according to the legislation of the Russian Federation). Prolonging > disregarding quotas. The decision is accepted within 3 days. Failure in > reception from the foreign citizen of the application for a work permit > extending the validity is not supposed (in case of granting of all > documents). > > Period of validity of the work permit issued to the competent expert, and > also period of validity of the visa and the residence permit, issued to such > competent expert and members of his family, is enlarged for the period of > consideration of the petition (for work permit registration), submitted the > employer or the customer of works (services) and with whom the competent > expert has concluded the new labor contract or the civil-law work contract > (rendering of services). > > In case the competent expert has not concluded the new labor contract or the > civil-law work contract (rendering of services) after 30 days or if the > petition of the employer or the customer of works (services) for attraction > of the competent expert is dismissed, the work permit issued to such > competent expert, and also the visa and the residence permit issued to the > competent expert and members of his family, are considered valid within > thirty working days from the date of the expiry of the term. > > > > For the foreign citizens, arrived to the Russian Federation as competent > experts, and to members of their families (to the spouse, children who have > not reached age of eighteen years, and also the invalid children who have > reached indicated age and dependent such competent expert) on period of > validity of the labor contract or the civil-law work contract (rendering of > services) under their application in writing territorial enforcement > authority in migration sphere the residence permit can be issued. > > > > > > > > > > > -------------- next part -------------- > An HTML attachment was scrubbed... > URL: http://www.lists.ru/pipermail/expat/attachments/20100517/c31eff17/attachment .html > > ------------------------------ > > _______________________________________________ > Expat mailing list > [email protected] > http://www.lists.ru/mailman/listinfo/expat > > > End of Expat Digest, Vol 67, Issue 22 > ************************************* _____ Find it on Domain.com.au Need a new <http://clk.atdmt.com/NMN/go/157631292/direct/01/> place to live?
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