What should an employer do when changing the status of a foreign worker

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12th of April. The cadre registration of foreign citizens is not an easy matter. There are many pitfalls and subtleties that should be kept in mind all the time. The situation is further complicated by the fact that foreign citizens working in Russia have different statuses.

The status of a foreign citizen depends on the document on which he resides and works in Russia:

  • temporary foreign citizens - work on the basis of a patent (foreign citizens who arrived in an order that does not require a visa) or a work permit (visa for foreign citizens);
  • temporary-resident foreign citizens - work on the basis of a temporary residence permit (RWP);
  • permanent resident foreign citizens - work on the basis of a residence permit.

A foreign citizen can always change his status, having issued a status of a higher level or having lost an existing one.

employed a foreigner, an employer, work with foreign citizens, work with foreigners, how to arrange an alien, personnel record keeping, personnel registration of foreign citizens, registration for employment of a foreigner

But when the status of a foreign worker changes, employers do not know what to do with it, how to properly arrange such changes. Many people think that if such an employee changes his status, he must be dismissed and accepted with a new status. In fact, this is not necessary, it is enough to formalize an additional agreement to the employment contract, which states that now this employee is working on the basis of a new status. But that's not all.

According to paragraph 42 of Resolution of the Government of the Russian Federation of 15.01.2007 No. 9 "On the procedure for the migration registration of foreign citizens and stateless persons in the Russian Federation," when a document confirming the right of an alien to stay (reside) in the territory of the Russian Federation is changed, the employer is obliged within 3 working days to report this to the territorial body of the Main Administration of the Ministry of Internal Affairs of the Russian Federation.

To do this, you need to file an application in an arbitrary form with supporting documents (for example, those that confirm a change in status). Thus, the employer informs the Ministry of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation that the foreigner is now based in Russia on the basis of a new document.

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