Hiring Ukrainian citizens in 2022: with temporary residence permit, residence permit, patent, temporary asylum

Normative base

Federal Law No. 115-FZ of July 25, 2002 “On the Legal Status of Foreign Citizens in the Russian Federation”
Federal Law No. 109-FZ of July 18, 2006 “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation”

Order of the Ministry of Health and Social Development of the Russian Federation No. 564n dated July 28, 2010

Order of the Ministry of Internal Affairs of Russia No. 363 of 06/04/2019

Required documents

What documents to request when applying for a job as a citizen of Ukraine in 2022 is determined by Art. 327.3 Labor Code of the Russian Federation:

• passport or other identity document;
• permits;
• a voluntary health insurance policy or agreement, if the employer is not ready to provide medical care for the employee;
• SNILS;
• TIN;
• Soviet or Russian work book. If it does not exist, the Russian Labor Code is set up by the employer.

The type of permits is determined by the status of a foreign citizen.

Temporarily staying citizens of Ukraine

Ukrainians, like all foreigners who arrived in the Russian Federation on a visa-free basis, if they want to work, are required to apply for a patent within 30 days. To obtain it, you must contact the migration authorities. The document is issued for a period of up to 1 year, but a monthly advance payment must be made on time.

An employer, before hiring a Ukrainian citizen in 2022 on the basis of a patent, should pay attention to some points:

1. Region. A Ukrainian works only in the region in which the patent was issued. There are exceptions to this rule regarding traveling work and sending some workers and specialists on business trips. The full list is given in Order of the Ministry of Health and Social Development No. 564n dated July 28, 2010 “On establishing cases of labor activity by a citizen or stateless person temporarily staying (residing) in the Russian Federation outside the boundaries of the subject ... on the territory of which they were issued a work permit (temporary residence allowed )".
2. Speciality. It is impossible to accept a candidate for a position different from that specified in the patent; the organization will be fined for this.
3. Payment and validity period. The expiration date of the patent is indicated in the document itself, but it is necessary to study in detail the receipts for its payment. The fee must be paid monthly or for a longer period, increasing the payment amount proportionally. Delay of at least a day terminates the validity of the patent. Particular difficulties arise with this in 2020, because... Due to the pandemic and restrictive measures to combat it, it was difficult for many to make payments on time and renew documents. To resolve the situation, the President of the Russian Federation, by Decree No. 274 of April 18, 2020, suspended the validity of patents until June 15, 2020. Let us note that the Decree does not say anything about the abolition of advance payments for this period, that is, on June 16, all patents that were not paid on time ceased to be valid, and their owners must issue new ones. From the same date, the usual procedure for renewal and payment has been returned.
4. Reality. In some situations, a migrant's patent will be revoked. For a quick check, a special service operates on the Ministry of Internal Affairs website, although the department emphasizes that the information received is for reference only.

Temporarily and permanently residing citizens of Ukraine

For those who intend to stay in the Russian Federation for a long time, it is possible to obtain a temporary residence permit (TRP) or residence permit.

A temporary residence permit is issued to a migrant upon his application, taking into account the quotas established by the authorities. During this period, he does not need to prepare additional documents for work. But employment of a citizen of Ukraine with a temporary residence permit in 2022 is only possible in the region where the temporary residence permit is issued. When moving, you need to “translate” the document to the desired region by contacting the Ministry of Internal Affairs. It will be possible to work outside this region by holding positions from Order No. 564n.

A residence permit is the most “delicious” status for a foreigner, because... its receipt actually equates the rights of a migrant to citizens of the Russian Federation. Those who have issued a residence permit will not need any additional documents for employment in any position throughout the Russian Federation.

An employer, when hiring a Ukrainian who has a temporary residence permit or residence permit, should only check the validity periods of the documents. For a temporary residence permit this is 3 years; a residence permit was previously issued for 5 years, now it is issued for an indefinite period. Unlike temporary stayers, such migrants do not need voluntary health insurance policies, because they are subject to health insurance under the same conditions as citizens of the Russian Federation.

Refugees

Personnel officers often ask whether Ukrainian citizens who have left the territory of hostilities need a work permit. We will find the answer in Art. 13 115-FZ - not necessary if the citizen, having arrived in the Russian Federation, has obtained refugee or temporary migrant status. In this case, the certificate issued when registering these statuses serves as a work permit and at the same time an identity card. Refugees and migrants do not need VHI; they are subject to compulsory health insurance under Art. 10 of Federal Law No. 326-FZ of November 29, 2010 “On compulsory health insurance in the Russian Federation.”

The procedure for applying for a job differs little from the admission of citizens of the Russian Federation, but it is important to remember the need to send a notification of the admission of such a person to the Ministry of Internal Affairs within three days.

Citizens of the DPR and LPR

The Donetsk People's Republic and the Lugansk People's Republic are de jure not independent states and are not recognized as such in the Russian Federation. Their citizens are registered for work like any other foreigners. The only difference concerns their identification. By Decree No. 74 of February 18, 2017, President of the Russian Federation V.V. Putin recognized the passports of the DPR and LPR as identification documents for citizens of these regions, that is, they are acceptable to present when concluding an employment contract.

Moreover, many residents of these unrecognized republics also have Ukrainian passports. If the candidate presents both documents, it is more convenient to use the one indicated on the migration card. This will save you from discrepancies with the Ministry of Internal Affairs when submitting a notice of admission. There are no other concessions, therefore, before employing a citizen of Ukraine living on the territory of the LPR and DPR, they request a standard package of documents provided for in Art. 65 and 327.3 of the Labor Code of the Russian Federation.

Features of hiring a foreigner

In 2022, a citizen of Ukraine who wants to work on the territory of the Russian Federation must have a current contract in hand, as well as a health insurance policy.

If a person does not have a policy, then the employer must enter into an agreement with a medical organization.

Below are the points that employers must take into account.

1. It is necessary to find out the status of a foreigner, whether there is a right to temporary or permanent residence.
2. Whether the foreigner has a visa or is staying illegally. This point does not apply to most guests of the country from the CIS.
3. Pay attention to the migration card. The column “purpose of trip” must indicate that the person arrived for work.
4. A citizen who does not require a visa must have a registered work patent. Those who arrived on a visa – a printed permit to work in the Russian Federation. The authenticity of the documents provided can be checked on the FMS website in the section for checking permits of this type. To do this, you need to know the passport details of the potential employee. At the same time, general information will be displayed on the Internet resource. More detailed information can be provided by the migration office.
5. It is necessary to draw up an employment agreement with a foreigner.
6. Prepare paperwork for the migration authority. Within three days after drawing up a work contract, you should notify the authorities about this.
7. It should be remembered that any violations of the country's migration rules can lead to serious consequences. Authorities can issue a fine of up to 1 million rubles. In addition, all work of the company may be frozen for up to three months.

Rules that must not be broken

• The employee must have a patent;
• Employment must be carried out in the area specified in the agreement with the employer; dishonesty is punishable.
• A patent registered in another area of ​​the country will not be suitable;
• Send data to the migration service about the employment of a Ukrainian.

What kind of work there is in Russia for Ukrainians can be found out by following this link.

Features of the employment contract

Before hiring a citizen of Ukraine and when drawing up an employment contract with a Ukrainian, it is important to take into account some nuances:

• a fixed-term contract with a Ukrainian is concluded only if there are grounds for this (see Article 59 of the Labor Code of the Russian Federation). The validity period of a patent or other documents is not such;
• the contract must include information about permits (patent, temporary residence permit, residence permit);
• The text of the document should include information about the conditions for providing medical care to the employee. For those working under a patent - details of the VHI policy or an agreement between the employing organization and the medical institution; for those with temporary residence permits, residence permits and refugees, in addition to those listed, the compulsory medical insurance policy also acts in this capacity.

What documentation should be requested from a citizen of Ukraine for employment?

In addition to documents confirming the status of a citizen, in case of employment, he must provide the HR department with the same list of documents that is provided for Russian citizens.

By virtue of the Labor Code of the Russian Federation, this list includes the following documents:

• passport or other document that allows identification of a citizen;
• paper or electronic SNILS;
• employment history;
• when applying for a job, you cannot do without a document that can confirm the candidate’s education (his specialty or relevant qualifications);
• an insurance policy that is valid on the territory of Russia (requested from foreigners temporarily staying in the country). You can do without VHI if the employer has entered into an agreement for the provision of paid medical services with the relevant organization. Also, VHI will not be required in other cases determined by federal legislation and international treaties of Russia;
• a patent is requested from a candidate temporarily staying in Russia for employment;
• you need a temporary residence permit in order to conclude an agreement with a foreigner who temporarily resides in Russia;
• residence permit for those who permanently reside in Russia.

What else is important to remember! It should be noted that in 2022, the transition to electronic work books began, which employees are warned about when applying for a job. At his own discretion, a foreign citizen can choose the paper version of maintaining labor records.

Taxes

When we hire a citizen of Ukraine, we should remember that his income is taxed differently than the earnings of Russians. Tax rates for calculating personal income tax on wages of Ukrainians are shown in the table:

Insurance premiums are charged in the following amounts:

Notifications to the Ministry of Internal Affairs

When hiring foreign citizens, it is necessary to notify the Ministry of Internal Affairs about this. Information on the hiring and dismissal of such employees is submitted within three days. The form of the notification, as well as the procedure for filling it out, is approved by the Ministry of Internal Affairs. Currently, the form introduced by Order No. 363 is in effect.

If a citizen of Ukraine works under a patent, there are no difficulties with filling it out. The notification should be filled out as follows:

The situation is different with Ukrainians who have temporary residence permits, residence permits or are refugees. They do not have an additional document allowing them to work, so it is not clear what to indicate in the relevant paragraphs.

From the order of filling out and explanations in the form itself it follows that in this case it is necessary to do the following:

• paragraph 3 is left blank;
• clause 3.1 contains details of the legislative act on the basis of which a Ukrainian is allowed to work (one of the clauses of Article 13 115-FZ):

Let's illustrate with an example:

Let us note that in practice, OMV inspectors often disagree with this. They require in clause 2.9 to include details of a temporary residence permit, residence permit or refugee certificate. This position seems incorrect, because the form itself clearly states the need to provide a link to the legal acts providing for the possibility of a Ukrainian to work without a patent.

It is up to the employer to decide whether to prove his case or agree to unlawful demands.

Popular specialties in Russia

It is clear that more applicants are going to the Russian capital. In 2022, the number of visitors has increased 3 times. Moscow and the Moscow region are very popular, but the regions of the country also have something to offer to residents of the neighboring state.

Workers with higher education are in great demand and finding a good job for a Ukrainian will not be difficult.

There is a better chance of getting a position from a specialist with work experience and a good resume.

However, it is no secret that without a higher education diploma, there will always be employment, although not so highly paid.

Ukrainian ones are in demand among Russian employers:

There is often a situation where whole families come to work. A citizen of Ukraine, of course, without competition with other foreigners and able to work in one of the above areas, will easily find a profitable place.

As a rule, such applicants are more qualified than other foreigners and have lower salary requirements.

Expert opinion

Chernovolov Petr Vasilievich, specialist on migration issues

If you have any questions, ask them to me!

It is important for a citizen of the LPR or DPR who plans to obtain a patent for employment to correctly obtain a migration card at the border. And if you still have questions, ask them to me!

Migration registration

In accordance with Law No. 109-FZ “On Migration Registration...”, hiring Ukrainians with the provision of housing at the expense of or on the territory of the organization automatically makes it the receiving party, therefore such an employee must be registered with migration authorities.

The procedure itself is quite simple: we collect a package of documents and take it to the Ministry of Internal Affairs. Employees check the correctness of filling and enter information into the database. The receiving party is given a tear-off part of the arrival notice, which is returned to the foreigner.

The following documents are usually required:

• a copy of the foreigner's passport;
• a copy of the migration card;
• a copy of the patent and all receipts for its payment or a copy of the temporary residence permit, residence permit, refugee certificate;
• a completed notification form for the arrival of a foreign citizen or stateless person. The current form is approved by order of the Ministry of Internal Affairs;
• a copy of the employment contract;
• documents confirming the legality of ownership (use) of the residential premises in which the Ukrainian lives.

Important: registrations at the place of residence expiring from March 15 to December 15, 2022 do not need to be renewed; they are renewed automatically based on Presidential Decree No. 580 of September 23, 2020.

Registration of employed citizens

If a foreigner is hired, registration will not be carried out in an ordinary residential premises, as usual, but for a legal entity, that is, registration will be carried out at an enterprise. For the procedure you will need to prepare the following papers:

• Request for registration of a Ukrainian.
• International passport.
• Labor patent.
• Migration card.
• Official certificate of registration.
• Contract of employment.
• Receipt confirming payment for the patent.

You can provide pre-certified copies of the listed certificates to the Main Directorate for Migration Affairs. No originals needed.

The listed documents are mandatory. The absence of at least one will result in certain fines being imposed.

As soon as the manager hires a foreigner, he must report this to the Main Directorate for Migration. For this purpose, you will have to draw up a special notification and immediately send it to the department.

Fines

When talking about how to hire a citizen of Ukraine, it is impossible not to mention the penalties for violating the procedure for registration and migration registration of such citizens. For clarity, let’s summarize all the fines in a table:

What responsibility does the employer have?

Any mistake made by the employer may result in the notice not being registered. In this case, he faces a fine of up to 1,000,000 rubles.

The fine for an individual is from 5.0 to 7.0 thousand rubles.

If the offense was committed through the fault of an official, then the fine is from 35 thousand to 70 thousand rubles.

Administrative suspension of the organization’s activities for up to 3 months is possible.

The same strict sanctions await a Russian employer if he untimely notifies or does not notify the Main Directorate of Internal Affairs of the Ministry of Internal Affairs about the dismissal of a Ukrainian.