Does a citizen of Kyrgyzstan need a work permit in Russia (Moscow) in 2021

For citizens of Kyrgyzstan, registration on the territory of the Russian Federation is a mandatory requirement if a visiting foreigner wants to have social security, as well as some privileges, compared to unregistered citizens from their own country. You should know how registration of Kyrgyz citizens takes place in Moscow and other cities of Russia, what temporary registration is, as well as when and how to renew registration.

Since Kyrgyzstan joined the Eurasian Economic Union (EAEU) in 2015, this in 2021 entailed a change in the requirements for registration of temporary registration at the place of stay in the Russian Federation (migration registration), which affected the timing of its registration. You should know what benefits are now provided to citizens of this country.

The procedure for entry and stay of citizens of Kyrgyzstan in the Russian Federation has been simplified.

Kyrgyzstan after joining the EAEU, what changes have occurred

Together with Kyrgyzstan, Belarus, Armenia, Kazakhstan and the Russian Federation joined the EAEU. Among these countries, partners can freely move their main resources, employees, and do business. It turns out that allied citizens have the following benefits:

• There is no customs clearance, and travel occurs without registration.
• There is no customs control.
• There is no need to pay border crossing fees.
• The rate for baggage transportation is fixed and applies to absolutely everyone.
• For labor migrants from Kyrgyzstan, the Russian language exam was not canceled. Testing is not provided only for citizens of Belarus and participants of the State Program for the voluntary resettlement of compatriots living abroad to the Russian Federation.

Migration registration for a citizen of Kyrgyzstan in the Russian Federation

The deadline for completing migration registration for a migrant arriving in the territory of the Russian Federation from Kyrgyzstan has changed. If previously temporary registration had to be completed as quickly as possible - up to 7 working days, now citizens of Kyrgyzstan do not need temporary registration if they stay in the Russian Federation for no more than 30 days.

Only one rule has not changed - registration is carried out within the specified period only with the help of a resident. The resident is usually a relative, an educational institution or an employer for work .

At the beginning of July 2021, further changes occurred in the legislation. Now you cannot register for migration at your employment address. Although there are exceptions. If a foreigner actually lives at the address of his work, then registration can be issued. Changes have also been made to the concept of “receiving party”. You can read more about everything here.

It is also important where exactly a citizen from a neighboring country will live. For example, if a migrant lives in a hotel, then all concerns regarding the registration of the new arrival will be taken over by the hotel administration. If we look at this process in more detail, it looks something like this: the party that receives the migrant, during registration, must receive all the necessary documents from the visitor that will confirm his identity, write a special statement, and then transfer all this to the territorial body of the Main Directorate for Migration of the Ministry of Internal Affairs.

After carefully checking the application and all attached documents during registration, the department employee enters all the necessary information into the database, and then gives the new arrival a tear-off coupon, which must be carefully kept by the migrant for the entire period of his stay in Russia.

To register, you do not need to pay state fees. An exception is if documents are sent for registration of citizens through the post office, then you need to pay the established postage fee.

Useful legal advice for those who are planning to come to Russia to work. We recommend watching it.

Laws and regulations in the field of hiring citizens of Kyrgyzstan

Let us recall that Kyrgyzstan, together with Russia, is part of the EAEU. This significantly facilitates and simplifies the process of registering Kyrgyz people for work in our country and removes a number of bureaucratic procedures.

However, there are a number of legislative acts and regulations that should be followed when applying for jobs for citizens of Kyrgyzstan in 2021. Such documents include:

• EAEU Treaty adopted in 2014. In this document, all member countries of the union agreed on the relationships and features of cooperation. In particular, much attention was paid to the issue of employment of citizens of different EAEU countries on the territory of other states of the association. It should be noted that the agreement simplified employment for citizens of the Union countries throughout its territory.
• Russian Federal Law No. 115, adopted in 2002. This is the main document that establishes the principles of hiring foreigners in our country, including from the EAEU states.
• Chapter 50.1 from the Labor Code of the Russian Federation. It regulates the relations of Russian enterprises and individual entrepreneurs with foreign employees, as well as stateless persons. The chapter also discusses the specifics of drawing up employment contracts with foreign workers and their termination. In particular, the document states that citizens of other states are not required to provide a military ID when applying for a job in a Russian company.

In general, it can be noted that registering Kyrgyz people for work will not cause difficulties for employers. The procedure is quite clear and simple, there is no need to establish the legal status of job applicants, there are no restrictions on regions and positions. In addition, the standards that are established for citizens of Kyrgyzstan are common for persons with a temporary residence permit, and for Kyrgyz with a residence permit, and for those who do not have such a status in Russia.

What other migration changes await arriving Kyrgyz?

The benefits for satellite countries do not end with the migration aspect. In addition to changes in migration registration, there have also been changes in the possibility of official employment.

Rules for getting a job

To be successfully hired, it is no longer necessary to obtain a labor patent.

The fact is that now the period of residence of Kyrgyz citizens in Russia who have received official employment directly depends on the period of work that was agreed upon in the contract with the employer . It is worth noting that citizens of Kyrgyzstan can enter into two types of contracts on the territory of the Russian Federation - labor and civil law.

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If for any reason the contract is terminated before the expiration of three months from the date of arrival in Russia, then within 15 days the foreign employer can enter into a new employment contract without leaving the country into which he entered. It should be remembered that the period of stay in Russia is 3 months at the time of entry in one half of the year.

Another point is that a visitor may not fill out a migration card if he has with him all the necessary list of documents to confirm his identity, and the duration of his stay in Russia should not exceed 1 month.

You must also have an internal passport of a citizen of Kyrgyzstan with you. As soon as the 90-day period of stay has expired, visiting citizens from Kyrgyzstan must leave the Russian Federation. If desired, you can extend your stay, but an extension requires compelling reasons.

Another pleasant bonus is that when applying for a job in the Russian Federation, it is not necessary to have a diploma of education in Kyrgyzstan, because Russia does not necessarily have to recognize a diploma from a neighboring satellite country. Residents of the EAEU countries who have signed a document on simplification of customs rules have much more advantages, because the bureaucratic manipulations carried out at the entrance to the Russian Federation are significantly reduced for them.

An example of registration of a foreign citizen when the employer acts as a guarantor.

Required documents

What documents can citizens of Kyrgyzstan use to enter the Russian Federation:

• internal passport of your home country;
• international passport;
• diplomatic and service passport;
• if the visitor has an extract from the ship’s role, then he also needs a sailor’s passport;
• certificate of return to the Kyrgyz Republic;
• from 2021, Kyrgyz children will need their own passport to travel abroad;

New rules

In accordance with signed international treaties, citizens of the EAEU countries do not need to obtain permits when seeking employment in any state of the union. There are also no quotas for them that limit the number of foreign workers in certain regions. So do citizens of Kyrgyzstan need a work permit? No - in 2021 they do not need to obtain new patents or renew existing ones.

Upon employment

Let's look at what documents citizens of Kyrgyzstan need to work in the Russian Federation:

1. Passport – if it does not contain entries in Russian, you need to have a notarized translation.
2. To confirm qualifications - education diplomas.
3. Work record book – if a migrant is employed for the first time, it will be kept by the employer.
4. Medical insurance (unless otherwise provided by agreements between the employer and the insurance company).

There is no need to take Russian language exams or undergo a medical examination.

When registering

Previously, the law obliged citizens of Kyrgyzstan to register with the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (formerly the Federal Migration Service) within 7 days after crossing the border of the Russian Federation, now registration can be postponed for 30 days, that is, if a migrant from this country intends to stay in Russia for less than a month, then register not needed anywhere.

Now citizens of Kyrgyzstan working in the Russian Federation and their household members can stay in our country for the entire period for which the employment contract was signed. As a rule, this is six months or even a year.

If the contract is terminated earlier, migrants have two weeks to find a new employer and conclude an employment contract. Thus, you will have to leave the country only if you cannot find a job within two weeks.

To extend your stay, you need to contact your local migration service office and provide the following documents:

• passport;
• migration card;
• certificate of registration with the Main Directorate for Migration of the Ministry of Internal Affairs;
• employment contract with the employer (and its copy).

Employment Information

Residents of Kyrgyzstan can engage in professional activities in Russia in a graduate specialty , but in some cases there are exceptions. For example, if a Kyrgyz citizen has a pedagogical, legal, medical or pharmaceutical education, then they first undergo a nostrification procedure (recognition of the diploma received).

Also in Russia there is a unique tax system in the form of 13% of the employee’s salary, but this monetary fee is withdrawn from the employer. An employee who comes from the Kyrgyz Republic must receive an insurance number for an individual personal account in order for timely payments to be made to the Pension Fund of the Russian Federation. Currently, this service is provided by the “My Documents” MFC.

Today there are more than 600 thousand citizens of Kyrgyzstan in Russia.

Only legal employees of satellite countries on the basis of an employment contract have the full right to medical care on an equal basis with residents of Russia. To do this, you must take out a compulsory or voluntary health insurance policy.

If a family moves with a migrant, in particular children of school and preschool age, then they have the full right to receive free education in a Russian kindergarten or school on an equal basis with Russian children, but only if they are registered on the territory of the Russian Federation.

Documents for registration for employment of citizens of Kyrgyzstan

Now let’s talk specifically about the documents that are needed to register a citizen of Kyrgyzstan for work in 2019:

1. 
   National passport. It cannot be replaced with other identity documents, including a foreign passport.

2. Documents that will prove that a citizen of Kyrgyzstan arrived in Russia legally. This could be a migration card, documents on obtaining a residence permit or temporary residence permit. It is important to indicate on the migration card that the purpose of the trip to Russia is employment.
3. Employment history. It can only be of the old Soviet or Russian model. That is, if a Kyrgyz citizen gets a job in the Russian Federation for the first time, he will need to buy a work book form and register it.
4. SNILS. Again, a Kyrgyz may be applying for a job in Russia for the first time, in which case he will not have an insurance number for an individual personal account. This is not a reason to refuse the application to the applicant; the employer will simply take over the process of obtaining SNILS.
5. Employment contract. A very important document indicating the legality of employment. It is completed in accordance with all the requirements of the Labor Code of Russia.
6. Medical insurance. Compulsory medical insurance or voluntary medical insurance policy is required. This is an important condition enshrined in law.
7. Certificate of good conduct. Optional document. Not all positions that a foreigner wants to occupy require the provision of a certificate of no criminal record. However, if, for example, a Kyrgyz person will work with children in Russia, then a certificate is required. In this case, documents on good conduct are needed both from the Russian Ministry of Internal Affairs and from the Kyrgyz authorities.
8. Medical certificate. It is required if a citizen of Kyrgyzstan will work, for example, with food or the activity involves health restrictions.
9. Education documents. In general, they are not necessary if the work is simple and does not involve high qualifications. In other cases, the employer has the right to require a diploma or certificate of qualifications.

The employer has the right to require a potential employee to translate all of the above documents into Russian. All translations must be certified by a notary.

Important

Both legal entities and individual entrepreneurs can register Kyrgyz citizens for work. It is prohibited to employ foreigners only in the civil service.

Information on liability for violation of migration rights

A representative from Kyrgyzstan may receive a ban on subsequent entries into Russia in the following cases:

• If the Kyrgyz citizen previously violated the terms of stay and left Russia later than 30 days of the established period; The punishment for such an offense is a 3-year ban on entry into the Russian Federation.
• 5 years of deprivation of the opportunity to enter the Russian Federation if citizens of Kyrgyzstan overstay their departure after a six-month stay, but no later than 9 months.
• If a foreigner is detained illegally for more than 9 months, then he will face an impressive prohibition period of 10 years.

If a migrant has been prosecuted for administrative offenses more than twice within one year (Clause 11, Article 27 of the Federal Law “On the procedure for leaving the Russian Federation and entering the Russian Federation” dated August 15, 1996 N 114-FZ), then a ban on entry into the Russian Federation is 3 years, exactly from the moment when the punishment came into force after the second offense.

• If a migrant is caught and forcibly deported to his home country, then the impossibility of entry is 5 years from the moment of leaving Russia.
• If a visitor has violated migration laws in large cities such as Moscow, St. Petersburg, as well as within the Leningrad and Moscow regions, then a mandatory fine of up to 7 thousand rubles will be paid.
• You should also know that residents of the Kyrgyz Republic can freely use the legal services of Russian lawyers, sue the court and the prosecutor's office, the Ministry of Internal Affairs with full rights, regardless of their origin.

Two violations, and your name is on the black list. More details in the next video.