Permanent residence permit for an IT professional. Peculiarities of obtaining a permit.

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On June 28, 2022, Federal Law No. 207-FZ dated June 28, 2022 «On Amending the Federal Law “On the Legal Status of Foreign Nationals in the Russian Federation» came into force, allowing foreign nationals who are IT professionals or members of their families to obtain a residence permit in a simplified manner without first receiving a temporary residence permit.

Aspects:

In accordance with the amendments, foreign IT professionals who have entered into an employment or civil law contract for the performance of work (provision of services) with an accredited IT organization are not subject to the general employment procedure applied in Russia. Such IT professionals do not need to obtain a work permit or a patent to be able to work in the Russian Federation. This rule is enshrined in subparagraph 14, paragraph 4, Article 13 of Federal Law No. 115-FZ dated July 25, 2002 “On the Legal Status of Foreign Nationals in the Russian Federation (Federal Law 115).

For the time being, there are no clarifications on whether it is possible to employ individuals entering on a visa-free basis (in addition to citizens of the EAEU, Ukraine) without obtaining permits and what requirements are provided for the documents of such professionals.

Currently, there are no clarifications regarding the visa category for which IT professionals are eligible. There are no special deadlines for issuing an invitation to foreign nationals of this category for entering the Russian Federation and obtaining a visa.

Key conditions:

Who is eligible to apply:

Criteria for qualifying as an it professional:

  1. To confirm the status of a foreign national as an IT professional, the List of Specialties and Areas of Training referred to in Resolution No. 490 “On approving the rules for granting the right to receive a deferment from conscription for military service to citizens of the Russian Federation employed by accredited IT organizations” can be applied by analogy.
  2. Recognition of a person as an IT professional who is eligible for a simplified employment procedure and for obtaining a permanent residence permit is possible subject to the following being submitted to the territorial bodies of the Russian Ministry of Internal Affairs:
    • an employment contract with an accredited IT company and job description or civil law contract providing for the performance of work (provision of services) confirming the assignment to the foreign employee of functions that require them to have professional knowledge and skills in information technology (documents must be provided in the form of a copy certified as true by an accredited IT company);
    • an educational degree confirming education in the field of information technology recognized in the Russian Federation (a copy of an educational degree enclosing a duly certified translation, including the translation of the seals thereon) or a certificate confirming that the foreign degree and/foreign qualification is valid in the Russian Federation (notarized copy of such certificate). Certificates of degree issued by educational institutions of foreign jurisdictions are subject to the applicable recognition procedure. Recognition in the Russian Federation of foreign degrees and/or foreign qualifications means the official confirmation of the significance (level) of education and/or qualifications acquired in a foreign jurisdiction and that academic and/or professional rights have been conferred on their holder. Foreign education degrees mean education documents obtained in foreign jurisdictions. The fact that the person is and/or becomes a citizen of the Russian Federation does not affect the procedure for recognizing foreign education degrees (former name: nostrification, equivalence). Academic rights confer on the holder of a foreign education degree and/or foreign qualification the right to continue education in educational (scientific) organizations of the Russian Federation.
  3. The qualification certificate issued based on the results of an independent assessment of qualifications in the field of IT in the form of a professional exam (original or notarized copy). For the time being, the list of organizations authorized to conduct independent qualification assessments is not approved.

List of documents to be submitted by it professional to apply for a permanent residence permit

As approved by Order No. 417 dated June 11, 2020 “On Approving the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation on the provision of public services for the issuance to foreign nationals and stateless persons permanent residence permits and replacement of permanent residence permits issued to foreign nationals and stateless persons in the Russian Federation”:

  1. Application for permanent residence permit (in 2 copies);
  2. 4 photographs of the foreign national (note: a 3.5 cm x 4.5 cm black and white photo, on matte paper with light background)
  3. Passport of the foreign national and its notarized translation;
  4. A copy and original of employment contract or civil law contract providing for the performance of work (provision of services) containing information that the IT professional has been charged with functions that require professional knowledge and skills in information technology original;
  5. Document evidencing the state accreditation of the organization operating in the field of information technology;
  6. Migration card (if any) + its copy;
  7. A tear-off stub of notice of arrival at the place of stay (migration registration) + its copy;
  8. An educational degree and/or document confirming qualification evidencing that the holder has a degree and/or qualification in the field of information technology, issued:
    • In 1992–1995 by organizations engaged in educational activities in the Russian Federation;
    • A military professional educational organization in the Russian Federation;
    • A military higher education organization;
    • In a foreign jurisdiction.

Or

Certificate of recognition confirming that the foreign degree and/foreign qualification is valid.

When applying for a permanent residence permit for family members of IT professionals, the application must enclose documents confirming the relationship and any change in surname, name or patronymic.

Issuing a permanent residence permit to an IT professional or members of their family Is a state service that takes 3 months from the date on which the application is accepted.

Grounds for canceling the permanent residence permit issued to an it professional and their family members

Pursuant to paragraph 8.3 of Article 9 of Federal Law 115, a permanent residence permit issued to an IT professional may be canceled if the foreign national:

Professional Migration Agency TIM Services is ready:

to provide comprehensive services to assist in obtaining a permanent residence permit.

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