For HR processes, it is important not to confuse the three migration categories of foreign nationals. The Moscow Migration Center (Миграционный центр Москвы; the source of this clarification) provided a simple guideline: status is determined by whether a person holds a residence permit, temporary residence permit, or temporary residence permit for education. This enables employers to correctly distinguish between permanently residing, temporarily residing, and temporarily staying workers.
Why status must be verified before applying a procedure
Migration status determines which category a foreign worker belongs to. The center’s clarification is particularly important in situations where HR evaluates whether specific procedures related to “Amina” or an annual medical examination apply. First, the person’s category must be established, and only then should the conditions of a specific requirement be checked.
The mere inclusion of a foreign national in an HR process does not mean that they are temporarily staying. This conclusion cannot be made without checking for a residence permit, temporary residence permit, or temporary residence permit for education. Distinguishing statuses helps prevent rules intended for one category from being applied to workers whose grounds for residence are different.
Residence permit: the permanently residing category
If a foreign national holds a residence permit (вид на жительство, ВНЖ), they belong to the permanently residing category. For an employer, this is the first and independent indicator when determining the category: under the clarification cited, holding a residence permit rules out classifying the person as temporarily staying.
In an HR review, it is useful to record this result separately rather than limiting the record to a general “foreign worker” designation. This makes it clear why requirements that the center specifically associates with temporarily staying foreign nationals should not automatically be extended to a residence permit holder.
Temporary residence permit and temporary residence permit for education: the temporarily residing category
A foreign national with a temporary residence permit (разрешение на временное проживание, РВП) or a temporary residence permit for education (разрешение на временное проживание в целях получения образования, РВПО) belongs to the temporarily residing category. The clarification uses both designations—РВП and РВПО; possession of either one determines this category.
For internal employer controls, it is important to distinguish a temporarily residing person from a temporarily staying person. The two terms are similar, but the center expressly classifies holders of РВП and РВПО as temporarily residing. Therefore, they must not be included in the temporarily staying group merely because they do not hold a residence permit.
When a worker is considered temporarily staying
Temporarily staying foreign nationals are those who do not hold a residence permit, temporary residence permit, or temporary residence permit for education. This rule is based on a sequential check of three grounds: first the residence permit, then the temporary residence permit and temporary residence permit for education. Only if all the listed documents are absent can the person be assigned to this category.
This procedure reduces the risk of incorrect classification in HR records. It does not replace checking the requirements for a specific procedure, but it establishes the starting point: before discussing “Amina” or a medical examination, the employer understands whether the worker belongs to the category addressed by the clarification.
“Amina” and annual medical examinations: what follows from the clarification
According to the position of the Moscow Migration Center, the rules mentioned in connection with “Amina” and annual medical examinations apply to temporarily staying foreign nationals. At the same time, the center expressly stated that they do not apply to holders of a residence permit, temporary residence permit, or temporary residence permit for education.
The publication does not provide the content of specific procedures, establish deadlines, or name consequences or sanctions. Therefore, an HR specialist should not infer additional obligations from the clarification. Before applying any requirement, it is necessary to consult the official document governing that specific procedure.
What to check
- Record whether the candidate or worker holds a residence permit.
- If there is no residence permit, check whether the person holds a temporary residence permit or a temporary residence permit for education.
- Classify the worker as permanently residing if they hold a residence permit.
- Classify the worker as temporarily residing if they hold a temporary residence permit or a temporary residence permit for education.
- Treat the foreign national as temporarily staying only if they do not hold a residence permit, temporary residence permit, or temporary residence permit for education.
- Before applying requirements related to “Amina” or an annual medical examination, consult the official document for the specific procedure.