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Work Permit for Foreigners in Russia: Non-Russian Employees Must be in Russia Regularly

Work Permit for Foreigners in Russia: Non-Russian Employees Must be in Russia Regularly

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The Russian Migration Authority responsible for the Moscow region recently started to enforce laws requiring foreign employees to be present in Russia at regular intervals, and providing for the cancellation of a work permit if a foreign employee is not in Russia at least at certain intervals. This potential cancellation of a work permit even applies to employees classified as highly qualified specialists.

A work permit can be cancelled based on the statutory requirement that every holder of a work permit must be present in Russia at least once in any six-month period in order to keep a work permit valid (Art. 18 section 9 subsection 9 of Federal Law No. 115-FZ dated 25 July 2002 "On Legal Status of Foreign Citizens in the Russian Federation"). Even though this legal requirement has existed for years, until recently, we had never heard of a European citizen’s work permit being cancelled by the Russian Migration Authority. In light of this new enforcement practice, we recommend checking to be sure that all foreign employees, especially those who visit Russia only occasionally, are present in Russia on a regular basis.

By Olga Mokhonko, Counsel, and Anna Fufurina, Senior Associate, Noerr

Russian Knowledge Partner

Founded in 1993, Egorov Puginsky Afanasiev & Partners is the leading full-service law firm in the CIS with offices in Russia, Ukraine and Belarus and associated offices in the UK, the USA and Cyprus.

We advise its clients in many areas of law, including: dispute resolution in Russia and abroad, corporate law, M&A, antitrust issues, project finance and PPP, restructurings and insolvencies, energy and natural resources, property management and privatization, environment, technical regulation and industrial safety, banking and finance, intellectual property, criminal law, real estate and construction, taxation, family and labour disputes, marine and transport law, and international trade and customs.

We combine high academic qualifications, internationally acknowledged moral and ethical values, senior partners' professional experience and practical abilities with the vigour and knowledge of younger attorneys that enables thus providing clients with reliable, first-class service according to both Russian and western standards through a flexible structure.

All News about, and Legal Analysis by, Egorov Puginsky Afanasiev & Partners can be found here.

Firm's website: www.epam.ru

 

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