Where to apply and why?
An employer who decides to enter into an employment relationship with a foreigner must notify the Federal Migration Service of this fact.
This is done within three working days after the conclusion of the contract.
The foreigner, in turn, also submits an application to this body in accordance with Federal Law No. 115.
Be sure to notify the employee about this, because he may not be aware of this need.
ATTENTION: A separate application is submitted for each foreigner; you cannot include everyone in one.
The presence of foreigners on the territory of our state depends on what they do. If a person works here, then he has the right to live for the permitted time in Russia.
That is why it is important for the FMS to know what a particular migrant is doing. For the employer, filing this application is important, because if it is not submitted, the company may be fined up to 1 million rubles, and its activities may be suspended for up to 3 months.
In addition to submitting an application to the migration service, it is also necessary to notify the tax authorities, because there is a certain procedure for taxation of foreign citizens.
Submission deadlines
This point represents the main problem that faces the employer - the period is negligibly short, namely, notifications are received within 3 working days from the date of hiring a foreign citizen.
It is worth thinking about drawing up all the necessary papers in advance, collecting all the documents and information, so that by the time you sign a work contract, you already have everything you need on hand and do not waste time.
ATTENTION: Three days is the period during which the migration service must receive a correctly completed application. That is, if you bring a document and it turns out to be filled out incorrectly, then you are not given an additional period to redo it. That is why it is necessary to check everything and fill it out accurately.
What else has changed since 09/09/2019
In addition to the notification form for employment, Order No. 363 of the Ministry of Internal Affairs also changed other forms that may be required when communicating with the Ministry of Internal Affairs regarding the hiring of a foreign employee:
- petition of a foreign citizen (stateless person) to engage him as a highly qualified specialist;
- notification of the fulfillment by employers and customers of obligations to pay wages (remuneration) to a foreign citizen (stateless person) - a highly qualified specialist;
- notification of termination (termination) of an employment contract or civil contract with a foreign citizen (stateless person).
From October 9, 2021, all these documents must be submitted on new forms approved by Order No. 363.
Whose work should be reported?
In short, about the work of any foreigner. It doesn’t matter whether he came from Europe or Asia, from the former Soviet countries or from highly developed America.
It also doesn't matter on what basis it works.
the application is submitted for refugees, and for workers who have received a patent, and for temporarily residing citizens, and for those who already have a residence permit.
Any foreigner who does not have Russian citizenship and finds employment in our country must submit an application to the FMS.
Another application must be submitted by the employer.
Let's sum it up
- We have provided current forms and samples for typical cases of filling out notifications for hiring foreigners.
- There are nuances for other categories of workers (for example, refugees). If, when filling out the form, you have any doubts about whether you are doing everything correctly, it is better to contact the Ministry of Internal Affairs to which you will submit this notification for clarification.
- Please remember that the Ministry of Internal Affairs may not accept an incorrectly completed notification. And it will be considered unsubmitted with consequences in the form of fines provided for by the Code of Administrative Offenses of the Russian Federation.
If you find an error, please select a piece of text and press Ctrl+Enter.
How to submit?
There are several options for contacting the FMS.
- Firstly, this is the physical transfer of paper - you come to the local migration service department and submit the papers.
- Secondly, you can send the papers as an insured letter by mail. This option is suitable for remote settlements.
- Thirdly, if the local GUVM website has such a function, then the form can be sent via the Internet.
And finally, the unified portal of public services is now gaining momentum.
In the portal you can transfer this information quickly, but please note that sometimes the site does not work or works inappropriately (https://www.gosuslugi.ru/).
Despite the fact that technologies are developing, all experts advise submitting the application personally or through a proxy (you will need to provide a power of attorney to the FMS), since in this case you will immediately be able to find out whether everything is filled out correctly and ask how to enter those or other changes to the paper.
Legal regulation
If employers or customers of work (services) involve citizens of foreign countries in their work activities, they are obliged to notify the territorial body of the Ministry of Internal Affairs of Russia about this. This norm is enshrined in the following legal acts:
- Law of 07.08.2001 No. 115-FZ “On combating the legalization of proceeds from crime and the financing of terrorism” (paragraph 1, paragraph 8, article 13);
- Regulations on the Ministry of Internal Affairs, approved by Decree of the President of the Russian Federation of December 21, 2016 No. 699 (clause 1);
- Order of the Ministry of Internal Affairs of Russia No. 363 of June 4, 2021.
The deadline for submitting a notification is three working days from the date of conclusion of the contract. The foreign citizen himself is also obliged to notify the migration registration service about his employment.
Note that not all organizations that use the labor of foreign citizens formalize them. The position of the Supreme Court of the Russian Federation on this matter is clear: an agreement, even in oral form, imposes an obligation on the employer to notify the relevant structures. Therefore, if during the inspection it turns out that foreigners carry out labor functions illegally, both the citizens of another state themselves and those who involve them in work will be punished.
Do I need to notify the tax office as well?
In addition to filing an application with the Federal Migration Service, you must also notify the tax service that your company employs a foreign citizen.
The deadline for submitting such paper is slightly longer and is up to 10 calendar days, during which you must fill out the form and send or take it to the tax service.
The document is called “Notice on the attraction and use of foreign workers.”
Form of notification on the attraction and use of foreign workers.
We figured out where to take it, but what if we neglect it? More on this later.
What happens if you don't submit?
There will be huge fines.
For the fact that you employ a foreigner, no matter with or without a temporary residence permit, and the Federal Tax Service and the Federal Migration Service do not know about it, you will receive a huge fine, and the activities of your entire company can be suspended for up to three months.
In material terms, fines for failure to notify vary depending on the nature of the employer. An individual will pay up to 7,000, an official may lose up to 70,000, and a legal entity may pay up to 1 million rubles for such an offense.
Penalties are also imposed for incorrectly filling out documents, so be sure to take the time to check all the information and your accuracy so as not to waste money later.
Notification form and rules for filling it out
On September 9, 2019, Order No. 363 of the Ministry of Internal Affairs of Russia dated June 4, 2019, came into force, which approved the form of notification of concluding an employment contract with a foreign citizen and the rules for filling it out. Employers will need Appendix 13 and Appendix 15 to the order.
Supervisory authorities need the following information about concluding an employment contract with a foreign citizen:
- status and name of the receiving party (organization, individual entrepreneur, private practitioner);
- registration data, TIN, checkpoint;
- location and OKVED code;
- personal data of the accepted foreigner, including from the passport and migration card, if available;
- information confirming the migrant’s right to work in the Russian Federation (from a patent, permit), the position for which he is employed.
The Law on the Legal Status of Foreigners in Russia dated July 25, 2002 No. 115-FZ obliges all legal entities and individuals, without exception, to report on the employment of foreigners, regardless of the legal form and form of ownership and even the employee involved. The basic rule: information about a foreign worker, even if he enters and works in Russia without special permits, is sent to the Ministry of Internal Affairs.
If you employ people from Belarus, then notification of the conclusion of an employment contract with a Belarusian is not required: the Supreme Court allowed not to report on them to the Ministry of Internal Affairs (see resolution No. 78-AD17-19 dated May 30, 2017). But migration registration also includes representatives of other countries, which together with Russia and Belarus form a single union. So, in relation to citizens of Kazakhstan and Armenia, notifications are sent according to general rules.
An example of filling out a notice of concluding an employment contract with a foreign citizen
What to pay attention to when filling out
Form No. 19 belongs to the forms strictly established by law; it is imperative to use it; a free form will not work. The structure and content of the form are convenient and understandable. The document contains all the necessary information about the enterprise and the employee who is a citizen of another state.
The form must be filled out exclusively in Russian, in capital or printed characters, legibly and clearly.
Design on a computer is allowed, but in this case you need to print the paper on one sheet of paper on both sides. All lines and cells must be filled in with information.
You cannot cross out, correct or shorten the spelling of words. Otherwise, the document may be declared invalid. A migration officer from the Ministry of Internal Affairs will require you to fill out a new form.
The form must be endorsed with a signature. A seal is required only if its use to certify documentation is assigned within the organization.
