Intergovernmental agreements between Russia and South Korea - Mazars - Russia

Intergovernmental agreements between Russia and South Korea simplifying labor activity regulations and mutual visits of citizens of one state to the territory of the other.

On October 19, 2011 Federal Law No. 275-FZ on the "Ratification of the Agreement between the Government of the Russian Federation and the Government of the Republic of Korea on Temporary Employment of Citizens of one State in the Territory of the other signed in Seoul on November 10, 2010" entered into force.

The Agreement provides advantages for issuing work permits in the Russian Federation to the following citizens of the South Korea:

1. Employees of Representative offices of Korean legal entities in the territory of the Russian Federation within the limit authorized in the course of accreditation (it is to be recalled that this limit is usually up to 5 persons) are now entitled to exercise their labor activity without a work permit. It is the first time in the Russian Federation that such right is granted to representative offices of foreign legal entities. Starting from October 19, 2011 Korean citizens falling to this category are authorized to work having obtained only a personal accreditation card from the State Registration Chamber of the RF and a Foreign Representative Office Employee visa (“Inosotrudnik” visa).

  2. Employees of a group of companies. For the purposes of the Agreement, a group of companies shall mean a group in which there is a parent company and companies over which it has direct or indirect control in accordance with constituent (statutory) documents. Such employees require work permits but they are not subject to quotas for recruitment of foreign employees and there is no expediency assessment in respect of engagement and use of foreign labor, which considerably simplifies and reduces paperwork process. This category is subdivided into 2 groups:

• Citizens of the Republic of Korea who concluded a contract with a Korean legal entity but who exercise their labor activity in a company or organization of the same group of companies located in the territory of the RF, are entitled to obtain a multiple-entry visa valid for up to one year, which, if required due to the original purpose of the trip, may be extended to another 6 months, issued by the Russian diplomatic mission or Consular office by invitation of an organization (prepared in the Migration Service) to exercise labor activity.

• Citizens of the Republic of Korea, who concluded a contract with a Russian legal entity of the same group of companies, shall also obtain a multiple-entry visa valid for up to one year; however, in case of conclusion of an appropriate employment contract, it may be extended for up to 3 years.

   3. Heads of companies being citizens of the Republic of Korea who, subject to legislation of their country or constituent (statutory) documents of the enterprise, manage this enterprise in the territory of Russia shall have the same preferences as the above mentioned citizens of Korea who concluded a contract with a Russian legal entity of the same group of companies.

  4. Family members of the above specified persons (spouses and minor children) except for family members of the citizens of Korea who concluded an agreement with a Korean legal entity but exercise their activity in the territory of the Russian Federation, shall also obtain multiple-entry visas valid for up to one year which shall later be extended for a validity period of the accompanied employee’s visa.

Documents required for issuing of work permits to the above specified categories of employees may be filed with a Labor Migration office of the Federal Migration Service Department (UFMS) for Moscow regardless of the registered office of the Employer. Work permits issued in accordance with the Agreement shall have effect throughout the territory of the RF.

It should be reminded that it is not the first intergovernmental Agreement between the RF and the South Korea. Earlier, an Agreement on simplification of visa-issuing procedure for short-term visits was ratified by Federal law No.262-FZ of November 25, 2009.

The Agreement gives the possibility to obtain single-entry (up to 90 days) or multiple-entry visas without an official invitation through the Migration Service of Russia to the following categories of the South Korea citizens:

• members of official delegations who, on the basis of an official invitation addressed to the Republic of Korea by the Russian Federation, take part in official meetings, consultations etc. – on the basis of a letter confirming that the citizen is a member of the delegation and a copy of the official invitation;

• entrepreneurs and organizations’ representatives – on the basis of a written request from a host Russian legal entity or public authority;

• persons taking part in scientific, cultural or creative activities including university and other exchange programs – on the basis of a written request from a host organization;

• journalists – on the basis of a press identification card accompanied by a letter from the employer confirming the purpose of the visit;

• participants of international sports events – on the basis of a written request from the host sports organization;

• participants of official exchange programs organized by twin cities of regions – on the basis of a written request of the Head of Administration (Mayor) of the host city or region;

• close relatives of the citizens of Korea, lawfully residing in the territory of the RF (i.e., having educational or work visa valid for more than 90 days, temporary residence permit, residence permit or being accredited employees of diplomatic missions, consular offices or international organizations) – on the basis of a certified written request of host citizens and a notarized copy of the document confirming their status;

• tourists – on the basis of an agreement on the rendering of tourist services and confirmation on the reception of a foreign citizen by an organization carrying out tour operator activities.

Therewith multiple-entry visas valid for up to 1 year shall be issued to all the above specified categories of Korea citizens except for tourists, provided that during the previous year they used at least one Russian visa in compliance with the Russian legislation on entry and exit from the country.

Multiple-entry visas valid for up to 5 years shall be issued to the first three above specified categories of citizens, provided that in the course of 2 previous years they used at least one multiple-entry Russian visa.

All visas issued in accordance with the envisaged Agreement allow staying in the territory of the RF for 90 days out of every 180 days.