Every day, thousands of migrants flock to the Russian Federation, and labor migrants make up the lion's share. Many citizens of Ukraine, Tajikistan, Uzbekistan and many other states cross the border with the Russian Federation to start working here, and, if possible, to gain a foothold in Russia forever. Not everyone is interested in official employment, and many remain illegal, because of which they will inevitably fall under administrative expulsion or deportation. But if a citizen of another country intends to do everything legally, his first steps will be temporary registration and obtaining a temporary residence permit.
In 2017, a temporary residence permit is an opportunity to legally reside in the Russian Federation, as well as the first step towards obtaining Russian citizenship. A foreign citizen or stateless person receives this permit for 3 years, and the extension of the TRP is not possible. RVP is issued through the local branch of the migration services by submitting an appropriate application and a certain set of documents. Usually this operation takes a month, after which the next step becomes.
And here the question arises for labor migrants - the right to work in Russia, or is it necessary to issue a separate permit and patent for this?
This question is always relevant, as time goes by, and laws are constantly changing. For example, a few years ago a citizen of Ukraine could follow completely different rules, but in 2017 it is necessary to get used to the new ones. So this point requires separate consideration.
The legal side of the issue
Back in 2002, a foreign citizen only needed to confirm his residence permit in the Russian Federation, no additional document confirming the right to work was required. It was possible to arrive in Russia, apply for a temporary residence permit and freely look for suitable vacancies. According to the laws in force in 2017, a person has the right to dispose of his skills and abilities, and the citizenship of any country is not a reason for refusing to provide work. So if you were denied a job just for this reason, it gives you a reason to go to court and defend your rights - practice shows that with the right approach, it is quite possible to defend your interests.But if in 2002 in the Russian Federation it was possible to do without additional documents indicating the right to work, then in 2007 everything changed. From that moment on, it was necessary to separately issue a work permit, and one TRP was no longer enough. It's hard to say what these changes were for, especially when you consider that they do nothing but additional paperwork. One could only hope for quick changes, which came in 2013, greatly simplifying the lives of citizens of other countries who went to work.
So since January 2013, foreigners can already work without a separate permit if they have issued a temporary residence permit. Such reforms allow labor migrants to spend less money and time on paperwork, so that fewer people will want to remain illegal. Citizens of Ukraine, Uzbekistan and some other countries could already come to the Russian Federation without obtaining visas (and this law is also relevant in 2017), and after these innovations, the prospect of official work in Russia has become even more attractive. And since 2017, the need to obtain a patent for work has also disappeared, which has become an additional advantage.
Binding to the subject of the Russian Federation
But with all this, you need to study what pitfalls there are in this matter. What are the restrictions in terms of official employment for foreigners with TRP? As of 2017, a foreign citizen or stateless person has the right to apply for any vacancy to which he corresponds, but only within the subject of the Russian Federation in which he received a temporary residence permit. As soon as you violate the boundaries, you will start to have problems.
Let's recreate the situation - imagine that a native of Ukraine received a temporary residence permit in a famous city called Vidnoe. Thanks to this document, he can freely apply for the vacancy he likes in Vidnoye, and he will not need any patent.
But even if the department of the Federal Migration Service in Vidnoye gave a person a temporary residence permit, this does not give him the right to hope for employment in Moscow.
Yes, the city of Vidnoye belongs to the Moscow region, is one of the satellite cities of Moscow and an important industrial center, but for all this, it does not belong to the capital itself. According to the laws of 2017, these are two different constituent entities of the Russian Federation, so you are booked to go there. This is a very common mistake when people with a TRP issued in the Moscow region try to officially find a job in the capital. If you do not want problems with the migration services, you should stick to your subject of the Russian Federation, and not travel around the entire region.
Things to Remember
Again, back to our example – a citizen of Ukraine combs the Internet with requests like “employment in Vidnoye”, “official work in Vidnoye”, “vacancies in Vidnoye”, and finds the vacancy he needs. If everything suits him, and the employer agrees to give him a job, there will be no problems within the boundaries of this subject. But if, on duty, you have to move to Moscow for a certain time, then you will have difficulties, since you do not have the right to work in the capital. Of course, you will not find such details in a job advertisement, so you need to know everything yourself so as not to run into trouble.
Accordingly, if you intend to work in the capital, this can only be done if you have a temporary residence permit in Moscow. In addition, there are no restrictions - you can choose any vacancies that match your skills and experience, and you will not need other documents, such as a patent for a job, etc.
As already mentioned, you cannot be denied a job just because you are a citizen of Azerbaijan, Tajikistan or Ukraine - this is prohibited by law. But the capital has its own pitfalls in this regard, which have to be reckoned with.
What other nuances should you know in 2017? Do not forget that the employer must inform the FMS that he has employed a person with a temporary residence permit. This notice must be sent within three business days. You don't have to worry about it, because it is the employer who should do it. True, it will be possible to remind him of this duty, since not everyone is well aware of the current laws.
How to confirm RVP if you are not employed?
You must not only obtain a temporary residence permit, but also confirm the fact of residence at the specified address. It is necessary to confirm the TRP as an additional check by the FMS, and this is done at least once a year. To perform this operation, it is necessary to confirm the fact of receiving income, and for this, an appropriate certificate from the tax office is required.
But how do you confirm the TRP if you are not working? In this case, you can show proof that you are in the maintenance of someone. To do this, you will need a 2-NDFL certificate, which is able to confirm the income of this person. True, if this person is married, you will need additional help. The spouse must testify that he does not mind that you are dependent on his other half. This certificate is usually compiled in free form.
Once upon a time, a certificate from the bank could confirm the presence of income, indicating that you have a sufficient amount. This amount was considered to be 12 living wages, but in 2017 this method is already outdated. Now you need to present a certificate of 2NDFL, indicating that you receive a sufficient interest rate on your deposits. If this amount reaches the living wage, you will be able to confirm the TRP.
Can a citizen of Ukraine officially work in the Russian Federation?
Yes, maybe, just like representatives of other countries. If a labor migrant is ready to officially find a job and pay taxes to the state treasury, this is only for the benefit of the country, so there are no obstacles other than standard procedures.
As already mentioned, immigrants from Ukraine can come to the Russian Federation without a visa. Therefore, you just need to take care of temporary registration and a temporary residence permit in order to legally stay in Russia at first - no additional documents will be needed.
The document on the presence of a temporary residence permit gives you the opportunity to carry out labor activities in a certain subject of the Russian Federation, respectively, nothing interferes with official employment. This rule applies not only to residents of Ukraine, but also to representatives of other states. The main thing is to inform the FMS that you have been hired, and there will be no problems.
Features of illegal employment
Of course, many employers are not interested in the official employment of their employees, and, of course, this will not be indicated in the text about the availability of a vacancy. You will find out about this only at the interview. And if you agree to commit such a violation of the law, binding to the subject should no longer worry you. There is no particular difference where you will work illegally - in the city of Vidnoye, where you received a temporary residence permit, or in St. Petersburg, where you went in search of good offers. If you get caught by the migration services, the outcome will be the same - administrative responsibility, which can lead to the fact that you will be deprived of the TRP.
Of course, in Vidnoye, the migration services are not as active in checking documents as in federal cities, but the risk of getting caught is still very high.
Many will say that in the same Vidnoye or another similar city, the salary is lower than in Moscow, which means you can take a chance, but experienced people will not agree with you. Today, the fight against violations of the migration regime has gained unprecedented proportions, and it is precisely illegal labor migrants who suffer from this in particular. If it comes to administrative expulsion or deportation, you will not be able to visit Russia for 10 years from the date of departure, which may put an end to your plans. So the execution of all the above documents is not just an unnecessary headache, but a vital necessity.
