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It is registered

Ministry of Justice

Russian Federation

On March 2, 2015 No. 36324

ORDER OF THE FEDERAL MIGRATION SERVICE OF THE RUSSIAN FEDERATION

of October 30, 2014 No. 589

About approval of Administrative regulations of provision by the Federal Migration Service of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons

(as amended of the Order of the Federal Migration Service of the Russian Federation of 30.12.2015 No. 574)

According to the Federal Law of July 25, 2002 to No. 115-FZ "About legal status of foreign citizens in the Russian Federation" <1>, the Regulations on the Federal Migration Service approved by the order of the Government of the Russian Federation of July 13, 2012 No. 711 <2>, Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 <3>, I order:

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<1> Russian Federation Code, 2002, No. 30, Art. 3032; 2003, No. 27, Art. 2700; No. 46, Art. 4437; 2004, No. 35, Art. 3607; No. 45, Art. 4377; 2006, No. 30, Art. 3286; No. 31, Art. 3420; 2007, No. 1, Art. 21; No. 49, Art. 6071; No. 50, Art. 6241; 2008, No. 19, Art. 2094; No. 30, Art. 3616; 2009, No. 19, Art. 2283; No. 23, Art. 2760; No. 26, Art. 3125; No. 52, Art. 6450; 2010, No. 21, Art. 2524; No. 30, Art. 4011; No. 31, Art. 4196; No. 40, Art. 4969; No. 52, Art. 7000; 2011, No. 1, Art. 29, 50; No. 13, Art. 1689; No. 17, Art. 2318, 2321; No. 27, Art. 3880; No. 30, Art. 4590; No. 47, Art. 6608; No. 49, Art. 7043, 7061; No. 50, Art. 7342, 7352; 2012, No. 31, Art. 4322; No. 47, Art. 6396, 6397; No. 50, Art. 6967; No. 53, Art. 7640, 7645; 2013, No. 19, Art. 2309, 2310; No. 23, Art. 2866; No. 27, Art. 3461, 3470, 3477; No. 30, Art. 4036, 4037, 4040, 4057, 4081; No. 52, Art. 6949, 6951, 6954, 6955, 7007.

<2> Russian Federation Code, 2012, No. 30, Art. 4276; 2013, No. 9, Art. 954; No. 29, Art. 3967; No. 31, Art. 4225; No. 45, Art. 5822; No. 52, Art. 7189.

<3> Russian Federation Code, 2011, No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903, No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506.

Approve the enclosed Administrative regulations of provision by the Federal Migration Service of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons.

Head

K. O. Romodanovsky

Appendix

to the Order of the Federal Migration Service of the Russian Federation of October 30, 2014 No. 589

Administrative Regulations of provision by the Federal Migration Service of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons

I. General provisions

Regulation subject

1. Administrative regulations of provision by the Federal Migration Service of the state service in issue of permissions to attraction and use of foreign workers, work permits to foreign citizens and stateless persons <1> determine terms and the sequence of ministerial procedures (actions) of the Federal Migration Service and its territorial authorities, representations and representatives of FMS of Russia abroad <2> by provision by the Federal Migration Service of the state service in issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons <3>.

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<1> Further - "Administrative regulations", "the state service" respectively.

<2> Further - "representative office of FMS of Russia abroad".

<3> Further - "foreign citizens".

Circle of applicants

2. Applicants are:

2.1. The employer, the customer of works (services), including the shipowner <1> involving the foreign workers arriving to the territory of the Russian Federation according to the procedure, requiring execution of the visa, and also members of the family of the highly qualified specialists <2> arriving to the Russian Federation according to the procedure, requiring receipt of a visa.

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<1> The shipowner according to Article 8 of the Maritime Code of the Russian Federation (The Russian Federation Code, 1999, No. 18, Art. 2207; 2015, No. 1, the Art. 89) is recognized person operating the vessel on its own behalf irrespective of whether it is owner of the vessel or uses it on other legal cause.

<2> According to Item 1.1 of article 13.2 of the Federal Law of July 25, 2002 "About legal status of foreign citizens to No. 115-FZ the Russian Federation" members of the family of the highly qualified specialist his spouse (spouse), children (including adopted), spouses of children, parents (including receptions), spouses of parents, grandmothers, grandfathers, grandsons are recognized. Further - "the member of the family of the highly qualified specialist".

2.2. The employer, the customer of works (services) involving highly qualified specialists <1>.

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<1> According to Item 5 of article 13.2 of the Federal Law of July 25, 2002 No. 115-FZ "About legal status of foreign citizens in the Russian Federation".

The employers or customers of works (services) who are have the right to involve highly qualified specialists:

Russian commercial organizations;

the Russian scientific organizations, the professional educational organizations and the educational organizations of the higher education (except for the spiritual educational organizations), healthcare institutions, and also other organizations performing scientific, scientific and technical and innovative activities, experimental developments, testing, training according to the state priority directions of development of science, technologies and the equipment of the Russian Federation, in the presence at them in cases, stipulated by the legislation the Russian Federation, the state accreditation;

the branches accredited in accordance with the established procedure in the territory of the Russian Federation, representations of foreign legal entities;

the sports organizations performing the activities in the territory of the Russian Federation, not being the Russian commercial organizations, and also the all-Russian sports federations in case of involvement of highly qualified specialists to the positions included in the list of positions of foreign citizens and the stateless persons involved as highly qualified specialists in the field of physical culture and sport by the sports organizations and the all-Russian sports federations, No. 329-FZ approved according to article 20.4 of the Federal Law of December 4, 2007 "About physical culture and sport in the Russian Federation" <2>.

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<2> Russian Federation Code, 2007, No. 50, Art. 6242; 2008, No. 30, Art. 3616; No. 52, Art. 6236; 2009, No. 19, Art. 2272; No. 29, Art. 3612; No. 48, Art. 5726; No. 51, Art. 6150; 2010, No. 19, Art. 2290; No. 31, Art. 4165; No. 49, Art. 6417; No. 51, Art. 6810; 2011, No. 9, Art. 1207; No. 17, Art. 2317; No. 30, Art. 4596; No. 45, Art. 6331; No. 49, Art. 7062; No. 50, Art. 7354, 7355; 2012, No. 29, Art. 3988; No. 31, Art. 4325; No. 50, Art. 6960; No. 53, Art. 7582; 2013, No. 19, Art. 2331; No. 23, Art. 2866; No. 27, Art. 3477; No. 30, Art. 4025, 4031; 2014, No. 23, Art. 2930; No. 26, Art. 3376; No. 30, Art. 4212; 2015, No. 1, Art. 43, 76; No. 14, Art. 2018; No. 27, Art. 3993, 3995; No. 41, Art. 5628; No. 45, Art. 6209. Further - "the sports organizations".

2.3. The affiliated organization, branch or representative office of the foreign commercial organization registered in the territory of state member of the World Trade Organization <1>.

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<1> Further - "the foreign commercial organization".

2.4. The foreign citizen studying in the Russian Federation on full-time in the professional educational organization or the educational organization of the higher education for the main professional educational program having the state accreditation <1>.

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<1> Further - "the foreign citizen studying in the Russian Federation".

2.5. Managing company, being the Russian legal entity created in form of business of fund for the decision of the supreme executive body of the government of the subject of the Russian Federation - the federal city of Moscow for the purpose of ensuring functioning of the international medical cluster and management of it with which the project participant who is the Russian legal entity, the individual entrepreneur or created and registered according to the legislation of foreign state - organization member of economic cooperation and development by the foreign legal entity, individual entrepreneur signed the agreement, according to part 4 of Article 2 and Item 3 of part 1 of article 14 of the Federal Law of June 29, 2015 No. 160-FZ "About the international medical cluster and modification of separate legal acts of the Russian Federation" <1>.

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<1> Russian Federation Code, 2015, No. 27, Art. 3951. Further - "managing company", "the project participant of the international medical cluster" respectively.

2.6. The employers recognized by residents of the free port of Vladivostok according to the Federal Law of July 13, 2015 No. 213-FZ "About modification of separate legal acts of the Russian Federation in connection with adoption of the Federal Law "About the Free Port of Vladivostok" <6> or foreign citizens in the cases established by the legislation of the Russian Federation.

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<1> Russian Federation Code, 20.07. 2015, No. 29, Art. 4339. Further - "resident of the free port of Vladivostok".

3. The documents necessary for provision of the state service for the applicants specified in Items 2.1 - 2.6 Administrative regulations, have the right also to give the face acting on behalf of the applicant based on the power of attorney issued according to Article 185 of the Civil code of the Russian Federation <1>.

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<1> Russian Federation Code, 1994, No. 32, Art. 3301; 1996, No. 34, Art. 4026.

 

Requirements to procedure for informing on provision of the state service

4. Information on procedure for provision of the state service is placed:

on the official sites of FMS of Russia and territorial authorities of FMS of Russia on the information and telecommunication Internet <1>;

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<1> Further - "official site".

in the federal state information system "Single Portal of the State and Municipal Services (Functions)" <1> (www.gosuslugi.ru);

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<1> Further - "The single portal".

by publications in mass media, editions of information materials;

directly in premises of territorial authorities of FMS of Russia;

in the multipurpose centers of provision of the state and municipal services <1>.

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<1> If placement of information on procedure for provision of the state service is provided by the agreement between territorial authority of FMS of Russia and the authorized multipurpose center of provision of the state and municipal services of the subject of the Russian Federation.

5. The main requirements to information provided to applicants are:

reliability;

statement clearness;

completeness;

presentation of forms;

convenience and availability;

efficiency.

6. Informing applicants is performed in oral or written form.

Informing in oral form is performed:

in case of the personal address of the applicant;

by phone.

Informing applicants in oral form is performed in the hours allotted for reception of citizens.

Calls of applicants are received according to the working schedule of officials who directly interact with applicants.

7. The official of territorial authority of FMS of Russia or the authorized division of FMS of Russia performing the provision of the state service <1> performing oral informing takes all necessary measures for giving complete and prompt response on the questions posed, including with involvement of other officials.

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<1> Further - "official".

8. Written informing is performed according to the Federal Law of May 2, 2006 No. 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" <1>, within 30 days from the moment of registration of the address by the direction of answers the mailing or in the form of the electronic message by e-mail or through the official site, or the Single portal, depending on method of receipt of the address from the applicant.

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<1> Russian Federation Code, 2006, No. 19, Art. 2060; 2010, No. 27, Art. 3410; No. 31, Art. 4196; 2012, No. 31, Art. 4470; 2013, No. 19, Art. 2307; No. 27, Art. 3474.

9. At information stands of territorial authorities of FMS of Russia and the authorized division of FMS of Russia performing provision of the state service <1> and also are posted on the official sites:

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<1> Further - "authorized division of FMS of Russia".

procedure for provision of the state service;

the text of Administrative regulations, extraction from other regulatory legal acts of the Russian Federation containing the regulations regulating the legal relationship arising in connection with provision of the state service;

forms of statements for issue to the foreign citizen or person without citizenship of the work permit <1>;

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<1> Are approved by the order of FMS of Russia of December 25, 2006 No. 370 "About approval of form of the application blank of issue to the foreign citizen or the person without citizenship of the work permit and form of the form of the work permit to the foreign citizen or stateless person" (registration No. 8736) is registered by the Ministry of Justice of the Russian Federation on January 15, 2007, with changes, the introduced order of FMS of Russia of February 19, 2014 No. 97 (registration No. 31565) is registered by the Ministry of Justice of the Russian Federation on March 11, 2014.

the application form about issue to the employer or customer of works (services) of permission to attraction and use of foreign workers <1>;

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<1> It is approved by the order of FMS of Russia of December 25, 2006 No. 369 "About approval of form of the application blank of issue to the employer or the customer of works (services) of permission to attraction and use of foreign workers and forms of the form of permission to attraction and use of foreign workers" (registration No. 8735) is registered by the Ministry of Justice of the Russian Federation on January 15, 2007, with the changes made by the order of FMS of Russia of March 5, 2009 No. 47 (registration No. 13682) is registered by the Ministry of Justice of the Russian Federation on April 6, 2009.

form of the petition of the employer, customer of works (services) of involvement of the highly qualified specialist <1>;

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<1> It is approved by the order of the Government of the Russian Federation of June 30, 2010 No. 487 "About approval of form of the petition of the employer, customer of works (services) for involvement of the highly qualified foreign specialist" (The Russian Federation Code, 2010, No. 28, Art. 3704; 2013, No. 24, Art. 3004).

the exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service;

working hours of authorized division of FMS of Russia, territorial authority of FMS of Russia;

bank details for payment of the state fee;

the amount of the state tax for provision of the state service;

location information, contact telephone numbers, addresses of the official sites and e-mail of FMS of Russia and its territorial authorities (appendix No. 1 to Administrative regulations);

phone numbers for preliminary record.

10. The applicants who provided to authorized division of FMS of Russia, its territorial authorities and representative offices of FMS of Russia abroad documents for receipt of the state service are without fail informed by officials of FMS of Russia, its territorial authorities, representative offices of FMS of Russia abroad:

about obligation of the foreign citizen to leave the Russian Federation after effective period of the work permit;

about the administrative responsibility of the employer, customer of works (services) and the foreign citizen for violations of the law about legal status of foreign citizens in the Russian Federation.

11. Information of general nature (about the location, the working schedule of authorized division of FMS of Russia, territorial authorities of FMS of Russia, representative offices of FMS of Russia abroad providing the state service) can be provided with use of means of autoinforming in the round-the-clock mode.

12. Informing concerning provision of the state service can be performed in the multipurpose centers of provision of the state and municipal services <1>.

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<1> If informing concerning provision of the state service is provided by the agreement between territorial authority of FMS of Russia and the authorized multipurpose center of provision of the state and municipal services of the subject of the Russian Federation.

13. Time of individual oral consultation of each interested person constitutes no more than 20 minutes.

If preparation of the answer requires more long time, the official performing personal acceptance can suggest interested persons to apply for necessary information in writing or to fix other time of oral consultation, convenient for interested persons.

14. In case of responses to phone calls the official tells the surname, the name, middle name, post. During the conversation it is necessary to pronounce words accurately, to avoid "parallel talk" with surrounding people and not to interrupt conversation because of receipt of call on other device.

Time of conversation shall not exceed 10 minutes.

In case of impossibility of the official who received call to answer independently the questions posed the phone call shall be readdressed (is transferred) to other official or to the addressed applicant telephone number according to which it is possible to obtain necessary information shall be told.

15. Consultation is performed on the following questions:

about the authorized division of FMS of Russia, territorial authorities of FMS of Russia, representative offices of FMS of Russia abroad providing the state service including information on the place of their finding (address);

about rules of filling of the documents necessary for provision of the state service;

about the list of the documents necessary for provision of the state service;

about the amount of the state tax necessary for provision of the state service;

about time of documents acceptance, necessary for provision of the state service;

about the term of provision of the state service;

about procedure for appeal of actions (failure to act) for officials of FMS of Russia, its territorial authorities, representative offices of FMS of Russia abroad and the decisions performed and accepted during provision of the state service.

16. The approximate schedule of reception of citizens by the officials of FMS of Russia and its territorial authorities participating in provision of the state service:

Days of the week

Acceptance time

Monday

09.30 - 17.10

Tuesday

09.30 - 17.10

Environment

09.30 - 17.10

Thursday

09.30 - 17.10

Friday

09.30 - 16.10

Lunch break

13.00 - 13.45

Saturday

The day off

Sunday

The day off

 

In representative offices of FMS of Russia abroad acceptance of applicants is performed during their working hours.

Taking into account interests of applicants, temporary and climatic conditions, and also features of the territorial device of the subject of the Russian Federation, change of reception hours of citizens by the chief of territorial authority of FMS of Russia or authorized division of FMS of Russia is allowed.

In case of increase in number of addresses concerning registration of permissions to attraction and use of foreign workers, work permits, according to the decision of the chief of territorial authority of FMS of Russia or authorized division of FMS of Russia duration of time of acceptance can be increased, but shall not exceed limits of the working day.

17. The chief of territorial authority of FMS of Russia or authorized division of FMS of Russia depending on situation can redistribute during the day obligations between officials.

II. Standard of provision of the state service

Name of the state service

18. Issue of permissions to attraction and use of foreign workers, and also work permits to foreign citizens and stateless persons.

The name of the federal executive body providing the state service

19. The state service is provided by FMS of Russia, its territorial authorities and representative offices of FMS of Russia abroad.

20. The FMS of Russia provides the state service in part:

20.1. About formleniye and issues of permissions to attraction and use of foreign workers.

20.2. Registrations and issues of work permits to foreign citizens, including students in the Russian Federation.

20.3. Registrations and issues of the work permits to highly qualified specialists existing in the territory of two and more subjects of the Russian Federation.

20.4. Registrations and issues of permissions to attraction and use of foreign workers as a part of crews of the ocean and river crafts floating under National flag of the Russian Federation.

20.5. Acceptance from employers, customers of works (services) of petitions for involvement of highly qualified specialists, registration, including printing of work permits on the form of the established sample (except as specified when the employer, by the customer of works (services) by the place of receipt of the work permit by the highly qualified specialist determines territorial authority of FMS of Russia or representative office of FMS of Russia abroad in the state of nationality of the highly qualified specialist) and issues to highly qualified specialists of work permits.

20.6. Registrations and issues of work permits to foreign citizens for implementation of labor activity in the foreign commercial organization in the territory of the Russian Federation, including in the territory of two and more subjects of the Russian Federation.

20.7. Registrations and issues of work permits to the foreign citizens attracted and used for implementation of labor activity by the employers who are project participants of the international medical cluster.

20.8. Registrations and issues of work permits to the foreign citizens attracted and used for implementation of labor activity by residents of the free port of Vladivostok.

20.9. Prolongation of work permits to highly qualified specialists.

20:10. Prolongation of work permits to the foreign citizens studying in the Russian Federation.

20:11. Prolongation of work permits to the foreign citizens performing labor activity in the foreign commercial organization in the territory of the Russian Federation.

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