Since January 2015, when hiring a foreign citizen, the employer is obliged to notify the migration service of this fact by filling out a special notification form. Moreover, it is not so easy to fill it in.
Federal Law No. 367-FZ amended the 2002 law "On the Legal Status of Foreign Citizens in the Russian Federation". If earlier only enterprises and organizations had to notify the migration service about the fact of the conclusion of an employment contract with a foreign citizen, then since January 2015, such a duty has appeared even for grandparents, whom the migrant, for example, helped to dig a vegetable garden.
Submitting a Notice is an Employer's Responsibility
For the FMS there is no difference between the status of the employer (individual, legal entity or individual entrepreneur), as well as between the types of contracts concluded with migrants (civil or labor), it is important for the migration service to know where and how many days a migrant works. To do this, everyone who uses the services of guest workers is obliged to bring a completed notification to the department within 3 working days.
A notification is a form, the form of which has been developed and approved by Order of the Federal Migration Service No. 147 (as amended by No. 149). This order has many annexes, of which - No. 19 on the conclusion of an agreement with a foreign citizen, and No. 20 - on termination. They are very similar!
Filling out the notification form - cover page
All information in the notification is entered in block letters by cells. You can write handouts, you can use a computer.
The first line indicates the name of the territorial body of the FMS, usually a department or department of the FMS of Russia for a certain region or region.
Next, you need to check the box by selecting the type of employer. If you hire a foreign citizen to help in a subsidiary farm - check the box next to "individual", if the migrant is hired by an organization - "legal entity", for individual entrepreneurs - "individual entrepreneur".
The next large block must be filled out carefully, it is required to enter the employer's setup data. For individuals - TIN and all passport data, including the date and place of birth, for legal entities - all data on the registration of the organization: TIN, KPP, OGRN, full name, as well as legal and actual addresses.
Be sure to include a contact phone number
Oddly enough, inside the title page, you need to indicate the data of your foreigner: last name, first name and patronymic, if any, as well as the date of birth. All other data must be entered on the back of the form.
Filling out the notification form - downside
The first section of the reverse side must be filled out, armed with a passport of a foreign citizen. Enter the name of the document ("foreign passport"), then its series (5 cells are allocated for this, although almost all passports have a series of two Latin letters) and the number (the number on most passports is not printed, like ours, but is burned out).
Below you will have to enter the name of the authority that issued the foreign passport. Write in Russian, even if everything in your passport is written in Latin. Ask the migrant for his migration card, write out the number from it, then indicate the address where the foreign citizen is registered with the migration register (by the way, he must live there and only there).
In the next section, you need to specify the data of the work permit:
- patent - for citizens with a visa-free regime of entry into the Russian Federation (Tajikistan, Uzbekistan, Ukraine, etc.), - work permits (RNR) - for "visa applicants".
Please note that citizens of Kazakhstan, Belarus, Armenia, Kyrgyzstan, as well as those foreign citizens who have received a temporary residence permit in Russia, a residence permit or the status of a person with temporary asylum can work without patents and PHP, in their case, do not fill in this field need to. Go straight to filling in the next field
The next large field of cells is for special categories of foreigners who do not have a patent or PHP. You do not need to enter the status of a migrant, you need to indicate the basis on which he works without documents. So:
- if your foreigner is a citizen of a country that is part of the EraZES (Kazakhstan, Belarus, Armenia, Kyrgyzstan), you indicate - "the agreement on the Eurasian Economic Union". And that's all.
- if your foreigner has a temporary residence permit or a residence permit in Russia, write: "Clause 1, Clause 4, Article 13 of Federal Law No. 115-FZ". This will be enough.
- if you hire a person with temporary asylum, you need to write: "subparagraphs 12 p4 of article 13 of the federal law No. 115-FZ"
Attention! Timing
Be especially attentive to the deadlines, because upon completion you need to indicate the date when the migrant was accepted for work, or the date of his dismissal. Follow the documents strictly. if the first date is accepted, then in the notification write the first, and not the date of actual admission to work. Similarly with dismissal.
It remains to fill in these powers of attorney, if the notification is submitted by a representative of a legal entity, and only sign if the landlord is an ordinary citizen.
