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:

• A foreign national must carry out labor activities under an employment or civil law contract in the territory of the Russian Federation.
• The employer / customer ordering services must be on the list of accredited IT companies (except for organizations that have the status of a resident of a technology-innovative economic zone). You can check whether a company is on the list on the website of the Russian Ministry of Digital Development, Communications and Mass Media at: https://digital.gov.ru/ru/activity/govservices/1/
• A foreign national must be recognized as an IT professional. The criteria are specified below. That is, such individual must be an IT professional, not just any employee of an accredited IT company.

Who is eligible to apply:

• A foreign national who meets the criteria of an IT professional.
• Family members of a foreign national recognized as an IT professional. Spouse, children (including adopted children), spouses of children, parents (including foster parents), spouses of parents, grandparents and grandchildren qualify as members of an IT professional's family.

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.

• Document confirming the existence of legal income to the extent of the minimum level of subsistence.
• HIV-negative test certificate.
• Opinion issued by an addiction psychiatrist.
• Document confirming that the foreign national is not sick (leprosy (Hansen's disease), tuberculosis, syphilis, chancroid, chlamydia lymphogranuloma).
• Police clearance certificate. Note: not required for individuals who arrived in the Russian Federation on a visa-free basis. The document must be apostilled or legalized by consular authorities unless otherwise provided by international treaties original of legalized document enclosing a notarized translation.
• One of the documents confirming the knowledge of the Russian language (proficiency certificate evidencing the knowledge of the Russian language, knowledge of the Russian history and the fundamentals of the laws of the Russian Federation / nationally recognized document confirming education (at a level not lower than basic general education) issued by an educational institution in a state that was part of the USSR until September 1, 1991 / Education degree and/or qualification certificate issued to persons who have successfully passed state final certification in the Russian Federation since September 1, 1991)..
• Receipt evidencing the payment of state duty.

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:

• advocates forcible change of the foundations of the constitutional order in the Russian Federation or otherwise poses a threat to the security of the Russian Federation or citizens of the Russian Federation;
• finances or plans to commit or assists in committing terrorist (extremist) acts;
• within 30 business days from the date of termination of the employment or civil law contract providing for the performance of work (provision of services) executed with an accredited IT organization and the foreigner has not entered into a new employment or civil law contract with such organization or the state accreditation of such organization is cancelled.

Professional Migration Agency TIM Services is ready:

• to provide advice on how IT professionals and their family members may obtain permanent residence permits;
• to analyze documents to verify if they are consistent the criteria of an IT professional;
• to assist with the preparation and notarization of translations of documents issued outside the Russian Federation;
• to assist in having education acquired outside the Russian Federation recognized as valid;
• advise on how to pass medical examination and accompany to medical centers;

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