The Moscow Migration Center (Миграционный центр Москвы), a city migration services center, clarified that the “green card” is not an independent basis for a foreign national to work. It confirms completion of fingerprinting, photographing, and a medical examination under Federal Law No. 274-FZ (Федеральный закон № 274-ФЗ), Russian legislation governing these mandatory procedures. When hiring a candidate, the employer should establish their migration status and apply the rules for the relevant category.
Why the “green card” is insufficient for HR onboarding
The “green card” confirms that a foreign national has completed fingerprinting, photographing, and the medical examination required by Federal Law No. 274-FZ (Федеральный закон № 274-ФЗ).
However, this document does not confirm the right to work. Therefore, it cannot be used as the sole document for making a hiring decision: the required basis is determined by the candidate’s migration status and category.
Which categories require different approaches to hiring
A temporarily staying foreign national who does not have a temporary residence permit (РВП) or a residence permit (ВНЖ) generally requires a work patent or a work permit.
For nationals of visa-required countries, the employer obtains the work permit. For nationals of EAEU member states (ЕАЭС), the basis for employment is an employment contract or a contract for work or services.
The Migration Center specified a separate exception for foreign students enrolled full-time in accredited programs: they may work outside class hours without a patent or permit.
How to structure the initial candidate check
In practice, the check should begin not with the presence of a “green card,” but with determining the foreign national’s status: whether they are temporarily staying, whether they have a temporary residence permit or residence permit, whether they are a national of a visa-required country or an EAEU member state, and whether they are a full-time student.
After that, it is possible to establish which document or contract is required in the specific situation. The Migration Center’s clarification does not contain processing timeframes, consequences, or penalties; these matters are not specified in the source. Before onboarding, the employer should check the official Migration Center publication and the applicable legal provisions.
FAQ
Can a foreign national be hired based solely on a “green card”?
No. A “green card” confirms that the person has completed fingerprinting, photographing, and a medical examination, but it does not by itself grant the right to work.
What should be checked for a temporarily staying foreign national without an RVP or VNZh?
An RVP is a temporary residence permit, and a VNZh is a permanent residence permit. As a rule, the person needs either a patent or a work permit. A “green card” does not replace either of these grounds.
Does a citizen of an EAEU country need a patent or a work permit?
The EAEU is the Eurasian Economic Union. For citizens of EAEU member states, the Multifunctional Migration Center (ММЦ) specifies a different basis: an employment contract or a contract for the performance of work or provision of services. A patent or work permit should not be required solely because the candidate is a foreign national.
What conditions should be checked when hiring a foreign student?
A full-time student enrolled in an accredited programme may work outside study hours without a patent or work permit. The publication does not specify the documents that confirm these conditions.
What to check
- Do not treat the “green card” as an independent document confirming a foreign national’s right to work.
- Before onboarding, determine the candidate’s migration status and category.
- For a temporarily staying foreign national without a temporary residence permit or residence permit, check for a work patent or work permit.
- If the candidate is a national of a visa-required country, take into account that the employer obtains the work permit.
- If the candidate is a national of an EAEU member state, check that an employment contract or a contract for work or services has been concluded.
- If the candidate is enrolled full-time, check the program’s accreditation and that the work is performed outside class hours.
- Verify the HR decision against the Migration Center’s clarification and applicable legal provisions.