In 2023, the demand for workers with knowledge of Chinese grew by 40%, according to the website of employers and vacancies. In 2022, demand is one and a half times higher than the level before the pandemic. This means that the demand in companies for highly qualified foreign specialists from China is growing.
According to Russian law, there are two types of work permits: work permits for ordinary employees and for highly qualified specialists. The article will help you if you plan to pay a foreigner at least 167,000 rubles per month and want to correctly register a highly qualified specialist.
Hiring a highly qualified specialist has several advantages:
- The state does not set quotas for foreign specialists; moreover, the country itself is interested in increasing the flow of specialists.
- It is not required to obtain permission to attract foreigners to the company, that is, the procedure becomes simpler, and you do not have to pay a state duty of 10,000 rubles. and faster;
- When obtaining a work visa, foreigners do not need to confirm knowledge of the Russian language and key moments in the history of Russia;
- Foreign specialists can go on business trips if the organization needs it. Business trip period – up to 30 days;
- A work permit for a specialist is valid for a long time, three years, and this period can be extended.
- An employee can get a residence permit and even register an individual entrepreneur or a company.
It is important to remember that the company must properly register a specialist from China, as well as pay a highly qualified specialist his salary. (not less than 167 thousand rubles, for some types of activities a different salary is established). Subject to these two conditions, a specialist from China will be able to work in your organization.
We will help to arrange a highly qualified specialist from the People’s Republic of China.
- Our lawyers will help to draw up an invitation for a foreign citizen;
- We will draw up a notification of the Ministry of Internal Affairs on the conclusion of an employment contract with a foreigner;
- We will conduct a comprehensive analysis of your employment contract for compliance with migration legislation, or draw it up from the beginning;
- We will help in setting up a foreigner for migration registration;
- We will issue a work visa to a Chinese citizen in Moscow;
- We will help you get the required medical documents.
- We will accompany you to the migration service.
Our lawyers have been dealing with migration issues for more than 10 years, we work with real practice and write articles on the topic. You can read reviews about us here.
Legal status of a highly qualified specialist from China
So, let’s analyze everything in detail. Russian law gives such a term.
A highly qualified specialist is a foreign citizen (who has arrived in the Russian Federation, has work experience, skills or achievements in a particular field of activity, if the conditions for attracting him to work in the Russian Federation require (one of the conditions) that he receive a salary of at least one hundred and sixty seven thousand rubles per calendar month.
In simple terms, if a company pays a highly qualified specialist at least 167 thousand rubles or the amount necessary for another area of activity, then the procedure for registering a specialist becomes easier than registering an ordinary foreign worker.
As we can see, there must be several conditions. A foreigner must have skills, achievements or experience and work, as well as the requirement of Russian law for the level of salary.
⇒ By the way, higher education of a foreigner does not always mean that he is a highly qualified specialist. A diploma is not a confirmation of high qualification, therefore a foreigner is not required to have one. The employer himself assesses the qualifications of a specialist, which he writes about in the application of the Ministry of Internal Affairs. In addition, the position of a highly qualified specialist may not be in the position classifier. (list of professions, which is established by law).
It should be noted right away that foreign qualified specialists cannot be attracted by the employer to participate in religious activities and to provide sales services to customers in the process of retailing consumer goods (including pharmaceutical products).
A highly qualified foreign worker may be invited by a Russian organization, a foreign organization operating in Russia, a scientific and educational organization, a sports organization. Quite often, a situation arises when a Chinese citizen comes to Russia to teach, for example, to give Chinese lessons.
To assess the level of qualification, the employer can obtain documents from a foreigner that confirm this fact, a review from the organization where he used to work, information about labour activity.
The procedure for registering a highly qualified worker from the People’s Republic of China
Let’s talk about the procedure itself, how to register a highly qualified employee, what documents are needed and with which authority we will work.
For example, an organization working in Russia wants to invite a highly qualified specialist from China.
One of the advantages of a highly qualified specialist is that he does not need quotas from the authorities. In the usual case, the state tries to protect the national labor market and sets limits on foreign workers by region and field of activity.
Step 1: Invitation to work and application to the Ministry of Internal Affairs.
First of all, our organization must draw up an invitation for a foreign specialist and send it to China. This is an important procedure for the authorities and migration registration.
To issue an invitation, we send an application in the form of the Ministry of Internal Affairs.
The invitation can be issued electronically. To issue a document, you must provide:
- Application for an invitation in the form of the Ministry of Internal Affairs;
- Passport of the inviting party;
- A copy of the Chinese citizen’s passport;
- Copies of passports of family members, if they will enter the Russian Federation;
- A letter by which the organization undertakes to conduct medical and material support of a Chinese citizen
- Receipt of payment of the state duty of 800 rubles;
The invitation itself contains information about the name and surname of the Chinese citizen, date and place of birth, Chinese citizenship, passport details of the foreigner, the name of the inviting organization, its address and place of business, the purpose of the trip and the length of stay in Russia.
Step 2: We issue a work permit. So we have a highly qualified specialist permission to attract is not required.
Let’s immediately note the situations when a work permit is not needed:
- A Chinese citizen has a residence permit, temporary residence permit, refugee status;
- A citizen of China will be a master in an authorized service center for servicing imported equipment;
- A Chinese citizen will teach in Russia in an educational organization;
There are several more grounds in the law, these are the most popular.
In this case, it is necessary to fill out an application in the form of the Ministry of Internal Affairs. We must find the territorial body of the ministry we need and send it there. The application contains information about the period of work, name, surname and citizen of China, place and date of birth, information about the foreigner’s passport, position and expected address of migration registration. You will receive a work permit in 15 days. Also, in order to obtain a work permit for a Chinese citizen, you must provide his passport with a translation (notarized translation costs 2000 rubles).
It is worth noting that there are some reasons to refuse a company a work permit:
- All the necessary documents were not sent, something was forgotten;
- If the foreigner has an unfulfilled administrative penalty;
- Incorrectly drawn up statements or documents of the organization.
In addition, it is necessary to send a copy of the foreigner’s passport certified by a notary, the foreigner’s TIN, a voluntary medical insurance policy, a photograph of a specialist and a document confirming the payment of the state duty.
A work permit for a specialist is valid for a long time, three years, but this period can be extended.
The important thing is that a foreign citizen must obtain his work permit himself, he must show his passport. No one but him can do this.
Let’s note a few more points – about the medical commission in Russia and about the receipt of a salary by a foreign specialist.
A foreign worker, upon obtaining a work permit, must confirm that he does not have diseases from the list of the Ministry of Health. To do this, he must pass a medical commission in Russia in a special medical center. The cost is about 6000 rubles, for these funds a foreigner receives certificates of the absence of HIV, drug addiction and other infections. Also take out a health insurance policy. The cost is 4000 rubles.
As we said earlier, it is very important that a qualified foreign specialist has a fixed salary necessary for such status. The law for various professions establishes a minimum for such a salary. For example, a specialist from China, a researcher or teacher, must receive at least 83,500 rubles. He must really receive this money, because the employer notifies the Ministry of Internal Affairs about this and the authority can request a report.
Step 3: We issue a work visa for a foreign specialist
We need to apply for a visa for a worker from China. The visa regime of the two countries is established by an international agreement.
A work visa is a document that allows a Chinese citizen to stay and work in Russia. It must be obtained in all cases.
A work visa is done in several stages. A foreigner receives an invitation, collects documents, a passport and pays a fee at the consulate. After that, he sends documents and an application to the Russian consulate and waits for a visa for up to 20 days.
In Russia, a foreign specialist needs a migration card, where the purpose and terms of entry into Russia are written. In the paragraph “goal”, we indicate work in the Russian Federation. If a foreigner came to a scientific organization, then we write the implementation of scientific activities.
Also, a foreign specialist can be invited to a managerial position. In this case, it is necessary to provide an order for the appointment of a foreigner.
Employment contract with a highly qualified specialist
An organization must conclude an employment contract or a civil law contract with any employee. Usually the contract explains the duties of the employee, the date of commencement of his work, his rights and status. With a foreign specialist, the contract should have several features.
The contract itself can be concluded for an indefinite period or with a specified period. Since we are hiring a foreign specialist, we must indicate in the contract his work permit, conditions for receiving medical care, medical insurance, and information that the organization will provide housing for a Chinese citizen. We are still writing about this fact in the first petition to the Ministry of Internal Affairs. In addition, they must indicate that the contract comes into force from the moment the work permit is received.
The fact that we hire a foreign specialist and conclude an employment contract with him must be notified to the Ministry of Internal Affairs, if the organization violates this rule, it will receive a fine of 400 thousand to 800 thousand rubles.
All legal procedures for workers in Russia are also important. This means that the organization must register a specialist with the social and pension insurance fund (previously there was the Pension Fund and the Social Insurance Fund, they were merged in 2023), pay taxes, in our case, the tax on the income of an individual, and also submit quarterly reports about the salary of a highly qualified specialist.
Responsibility for violations of the law on the design of a highly qualified specialist
As you can see from the information in the article, the registration of a highly qualified specialist from China has several stages:
- Invitation of a specialist and petition to the Ministry of Internal Affairs;
- Registration of a work visa, migration registration documents;
- Issuance of a work permit;
- Passing a medical commission;
- Drawing up and concluding an employment contract with a foreign specialist and notifying the Ministry of Internal Affairs about this;
- Starting work as a specialist, registering with the fund and paying taxes.
Obtaining all migration documents is a very important procedure that should not be skipped. There is liability for violation in Russian law. For example, if a company does not receive a work permit, then it can receive a fine from 250 thousand to 800 thousand rubles and a suspension of work for a period of 14 to 90 days. That is why it is important to contact a professional in the field of migration law. Mistakes can cost the organization heavy fines.
Of course, any fine can be appealed in court, evidence can be provided to reduce the amount of the fine (which most often happens), but it is better not to immediately violate the law of Russia.
Judicial practice confirms that the fine can be reduced with the competent work of a lawyer. For example, for reasons of primacy of violation, absence of aggravating circumstances. The financial condition of the company is important. Rapid termination of the violation.