ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 9, 2007 No. 91

About procedure for determination of the average monthly income of the foreign citizen or stateless person and the average monthly average per capita income of the member of the family of the foreign citizen or stateless person

According to the subitem 8 of Item 1 of article 7 of the Federal law "About Legal Status of Foreign Citizens in the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Rules of determination of the average monthly income of the foreign citizen or the stateless person and the average monthly average per capita income of the member of the family of the foreign citizen or the stateless person.

2. To make to the Ministry of Labour and Social Protection of the Russian Federation explanations on application of the Rules approved by this resolution.

Approved by the Order of the Government of the Russian Federation of February 9, 2007 No. 91

Rules of determination of the average monthly income of the foreign citizen or stateless person and average monthly average per capita income of the member of the family of the foreign citizen or stateless person

1. These rules establish procedure for determination of the average monthly income of the foreign citizen or stateless person having permission to temporary residence in the Russian Federation (further - the foreign citizen), and the average monthly average per capita income of the member of the family of the foreign citizen.

2. The average monthly income of the foreign citizen and the average monthly average per capita income of the member of the family of the foreign citizen is determined for the purpose of establishment of their compliance to the level of the subsistence minimum established by the law of the subject of the Russian Federation in the territory of which temporary residence is authorized to the foreign citizen.

3. The spouse (spouse), parents (adoptive parents) and children (adopted) the foreign citizen, jointly living with him in the territory of subject of the Russian Federation in which permission to temporary residence is issued to it treat members of the family of the foreign citizen.

4. Determination of the average monthly income of the foreign citizen and the average monthly average per capita income of the member of the family of the foreign citizen is performed by territorial authority of the Federal Migration Service based on the documents testimonial of the income of the foreign citizen and the members of the family of the foreign citizen shown by the foreign citizen according to Item 9 of article 6 of the Federal law "About Legal Status of Foreign Citizens in the Russian Federation" in case of submission of the notification on confirmation of the residence in the Russian Federation.

5. Calculation of the average monthly income of the foreign citizen (the average monthly average per capita income of the member of the family of the foreign citizen) is made proceeding from the amount of income of the foreign citizen (the amounts of the income of members of the family of the foreign citizen) gained within the next year from date of issue to the foreign citizen of permission to temporary residence.

6. When calculating the average monthly income of the foreign citizen and the average monthly average per capita income of the member of the family of the foreign citizen the following income types (except for payments of one-time nature) received in cash and (or) natural form are considered:

a) all payment types provided by wages system performed by employers;

b) the average earnings kept in the cases provided by the labor law of the Russian Federation;

c) payment for work under the agreements signed according to the civil legislation of the Russian Federation;

d) the dismissal wage paid in case of dismissal, compensation in case of retirement, the salary kept for employment in case of dismissal in connection with liquidation of the organization, reducing number or staff of workers;

e) monthly insurance payments on compulsory social insurance from labor accidents and occupational diseases;

e) the income from use of the property belonging on the property right to the foreign citizen and (or) the member of the family of the foreign citizen whom treat:

income from realization and leasing (employment) of real estate (parcels of land, houses, apartments, dachas, garages), transport and other mechanical means, means of conversion and storage of products;

income from realization of fruits and products of personal subsidiary farm;

g) the grants paid to the members of the family of the foreign citizen studying on full-time in the professional educational organizations, the educational organizations of the higher education, the scientific organizations and the spiritual educational organizations and also compensation payments to the specified categories of citizens during the period from stay in academic leave on medical indications;

h) the income from occupations business activity, including income gained as a result of activities of peasant farm, including the economy performing activities without formation of legal entity;

i) share yields and other income from participation in property management of the organization;

j) the alimony received by members of the family of the foreign citizen;

k) percent on bank deposits;

l) monthly payments to the workers sent to doctoral studies.

7. The income of the foreign citizen and member of the family of the foreign citizen is considered to deduction of taxes and fees in accordance with the legislation of the Russian Federation on taxes and fees.

8. The amount of the alimony paid by them is excluded from the income of the foreign citizen and the income of the member of the family of the foreign citizen.

9. The income of the foreign citizen and member of the family of the foreign citizen received in foreign currency is converted into rubles at the Central Bank rate of the Russian Federation established for date of the actual receipt of this income.

10. Income gained by the foreign citizen as the member of peasant farm is considered in its income or in the income of his family proceeding from the sizes established by the agreement (contract) between members of peasant farm on use of fruits, products and the income concluded in the procedure determined by the legislation of the Russian Federation which are gained as a result of activities of this economy.

11. Income gained from realization of fruits and products of personal subsidiary farm is considered in the amount of the income of the foreign citizen and member of the family of the foreign citizen proceeding from the standard rates of net income approved in subjects of the Russian Federation in value term from realization of the fruits received in personal subsidiary farm and products.

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