Obtaining a patent by foreign citizens. Patent for work. Migration Center

In our article, we tried to talk in as much detail as possible about a work patent for foreign citizens and how to officially obtain one for legal work in Russia.

From our article you will learn how and where to apply for a work patent, what documents are needed for a work patent, who issues patents to migrants, the rules for obtaining a work patent in Russia, how to pay personal income tax for a work patent, its validity period, and you will also find patent application forms and patent samples 2017, and step by step instructions upon obtaining a patent for labor activity.

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What is a patent for work in Russia?

A labor patent for work for foreign citizens is a permit to carry out labor activities in Russia for visa-free foreign citizens.

In other words, a work patent for migrants is a document necessary for every foreign citizen who comes to Russia in visa-free procedure who plans to legally carry out labor activities in the territory Russian Federation.

A migrant can carry out work under a labor patent either on the staff of a Legal Entity or as an employee of an individual.

Who needs a patent to work in Russia in 2017-2018?

A labor patent 2017-2018 is needed by all visa-free foreigners who want to legally work in Russia, with the exception of citizens of countries included in the list of countries of the Customs Union.

Those. for legal work in Russia in 2017-2018, a work patent for citizens of Belarus, Kazakhstan, Armenia and Kyrgyzstan is not required, since these countries are included in Customs Union.

A work patent is required for citizens of Abkhazia, Azerbaijan, Uzbekistan, and Ukraine.

What does a work patent provide?

A labor patent for work allows visa-free foreign citizens to legally work for legal entities and individuals (private) on the territory of the Russian Federation.

Territory of validity of a work patent

Since 2016, a labor patent for work in the Russian Federation for foreign citizens has a territorial reference, i.e. the patent for the work indicates the territory of its validity.

Accordingly, a foreign citizen can legally work under a patent only in the territory specified in the document.

Important! A foreign citizen cannot work in Moscow and the Moscow region under one patent, since the patent is issued either for Moscow or for the region.

Those. a foreign citizen who has a work patent in Moscow cannot work under it in the Moscow region. Just like a foreign citizen who has a patent for work in the Moscow region cannot work under it in Moscow.

However, a foreign citizen can receive 2 patents for work, one patent for work in Moscow, and a second patent for work in the Moscow region.

The situation is the same with work in St. Petersburg and the Leningrad region. To legally work in St. Petersburg, a foreign citizen must have a patent for work in St. Petersburg, for work in the Leningrad region - a patent for work in the Leningrad region, or have 2 patents.

Important! If a foreign citizen is caught working under a patent in a region that is not indicated in his document, he will be fined up to 7 thousand rubles with possible expulsion from Russia and a ban on entry into the country for a period of 3 to 10 years.

Indication of profession in a work patent

Since 2016, the labor patent for work for foreigners has indicated the specialty.

Accordingly, a foreign citizen can legally work under a patent only in a profession corresponding to the specialty indicated in the document.

Important! If a foreign citizen works in a profession not specified in his work patent, he will receive a fine of up to 7 thousand rubles with possible deportation from the Russian Federation and a ban on entry into Russia for a period of 3 to 10 years.

Validity period of a work patent for a foreign citizen

A work patent to a foreign citizen is issued for a period of 1 to 12 months. That is, a foreign citizen with one work patent can legally work in Russia for up to 1 year.

How to renew a work patent: procedure for renewing a work patent for foreign citizens

To do this, he needs to renew the patent monthly - make a timely payment advance payment Personal income tax for work on a patent, since the patent is considered extended only for the period for which the advance payment was made.

Thus, by making an advance payment, a foreign citizen can immediately extend the patent for several months in advance, but not more than 12 months.

For example, a foreign citizen received a patent and paid personal income tax for 3 months in advance. Accordingly, the patent will be considered extended for 3 months, and a foreign citizen can easily work on it for 3 months. After 3 months, the foreign citizen must again pay personal income tax to renew the patent for next period.

Thus, a foreign citizen can renew a patent for any period up to 12 months - 1,2,3,4,5,6,7,8,9,10,11 months in advance, if financial condition allows you to make an advance payment for this period.

The cost of a work patent for a year is calculated simply: 12 months * the amount of the advance personal income tax payment.

Important! The amount of the advance payment for a patent depends on the region in which the foreign citizen will work under the patent. Detailed table You will find the amount of advance payments by region on this page.

Accordingly, a foreign citizen can repeatedly renew a work patent for a period of no more than 12 months, since total term actions labor patent taking into account extensions, it is no more than 12 months from the date of issue.

Important! To extend the patent to 12 months, it is very important to make the advance payment on time; in case of non-payment or delay of the advance payment for the work patent even by 1 day, the work patent will be automatically canceled and become invalid.

How to make an advance payment personal income tax payment and pay for a patent for work several months in advance you will learn on this page.

Is it possible to extend a foreign citizen’s labor patent after a year of work in Russia without leaving the country?

If a foreign citizen’s patent is about to expire (the first year of work under a labor patent), he can receive new patent to work without leaving Russia.

More information about how to renew a work patent after 12 months without leaving Russia is written in this article: How to renew a work patent for the next year.

How to check the authenticity of a work patent?

You can check the validity of a work patent and its authenticity online at official portal Main Department of Migration Affairs of the Ministry of Internal Affairs at the link.

However, remember, according to the instructions on the website of the Main Department of Migration of the Ministry of Internal Affairs, the result of the check is for reference only.

To receive an official, legally significant answer, you must do official request to the Directorate for Migration Issues of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation.

Where to get a patent for a work, who issues a patent for a work and where to get a patent for a work?

Since 2016, a work patent for a foreign citizen has been issued and issued by the Main Department of Migration Affairs of the Ministry of Internal Affairs (formerly FMS). A foreign citizen can independently apply for a labor patent to work in Russia in the divisions of the Directorate for Migration Issues of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation (formerly FMS), and in multifunctional centers provision of public services.

Also, to obtain a patent to work in Russia, a foreign citizen can turn to intermediaries - companies that provide similar migration services.

Important! Even when applying for a work patent through an intermediary, remember that the work patent is state-owned. authorities hand it over to you personally. No one can get it except you! And you can always check the validity of your patent.

How to obtain a work patent for a foreign citizen: procedure for obtaining a work patent

In order to obtain a patent to work in Russia, a foreign citizen must submit to the Directorate for Migration Issues of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation (formerly the Federal migration service) required package documents with an application for a patent.

However, even before the process of collecting and submitting documents to the migration authorities, it is important for a foreign citizen to comply with all the features migration legislation upon entry into the Russian Federation.

For your convenience, we will try to describe the entire procedure step by step until obtaining a patent for the work.

Patent work: step-by-step instructions for obtaining a patent 2017-2018

1. You are a visa-free foreign citizen, entering the Russian Federation with a foreign passport.

After this, the foreign citizen must carefully monitor the timely payment for the work patent and make the advance payment (personal income tax) on it on time, since if the payment is late even by 1 day, the patent will automatically be revoked.

Also, a foreign citizen should not forget about his other migration documents and carefully monitor their validity periods, and promptly renew them as necessary.

Documents for a work patent

When submitting, a foreign citizen will need to prepare following documents for a work patent:

• Application for a patent to a foreign citizen (download form);
• International passport;
• Notarized translation passports;
• Migration card (for the purpose of entry - work);
• VHI policy(insurance);
• Medical certificates about the absence of diseases, issued after passing a medical examination for a patent;
• Results of testing in the Russian language, history and fundamentals of Russian legislation;
• Documents confirming the registration of a foreign citizen for migration registration;
• Receipt for payment of personal income tax for a patent;
• Photo 3x4;
• Document confirming payment of the fine (in case the foreigner is late in providing necessary documents to obtain a patent for a work).

Work patent: deadlines for registration

To obtain a migration patent for work, a period of 30 days is allotted from the date of entry of the migrant into the Russian Federation, during which the foreign citizen must undergo a medical examination, pass testing and collect the necessary package of documents to obtain a patent and submit them to the Migration Department of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation.

10 working days after submitting a package of documents for a patent for work in the state. organs, the answer comes from them. And the foreign citizen is issued a work patent or a notice of refusal.

Medical examination for a work patent (medical certificates for a work patent)

A medical examination to obtain a patent is mandatory procedure for all foreign citizens who want to legally work in Russia.

Everyone needs to undergo a medical examination to obtain a patent. migrant worker, because the medical certificate To obtain a patent, it is issued only after passing the inspection, and without it you will not be able to submit a package of documents for a patent, since it will not be complete.

Thus, for a foreign citizen, a medical examination for a work patent is mandatory and a necessary condition obtaining the right to work in Russia.

What does the medical commission consist of and check to obtain a patent?

A medical examination for a work patent for foreign citizens consists of migrants taking tests to identify diseases that are dangerous to others and being examined by doctors: a therapist, a phthisiatrician, a dermatovenerologist, and a psychiatrist-narcologist.

In the process of passing a medical examination for a patent, a foreign citizen needs to take blood tests for HIV, syphilis, and also do a clinical blood test.
In addition, the foreigner will need to take a urine test to determine the presence of psychotropic substances and do general analysis urine.

It will also be necessary to do a fluorographic examination of the chest.

If the medical examination for a patent reveals that a foreign citizen has infectious diseases that pose a danger to others, then the foreigner will naturally be refused a work patent, since this data will be indicated in the medical certificate required for a work patent, which the foreigner submits to as part of a package of documents in the Main Directorate for Migration Affairs of the Ministry of Internal Affairs.

Thus, based on the results of the medical examination for a patent, a foreign citizen receives the documents necessary for filing with the Main Directorate for Migration Affairs of the Ministry of Internal Affairs, without which it is impossible to issue a patent:

• Reference medical examination foreign citizen;
• Certificate of absence of HIV infection.

Patent Exam: Testing to Get a Work Patent

To obtain a patent to work in Russia, a foreign citizen must pass patent exams and receive a certificate of passing the state exam with the results necessary to apply for a patent.

Tests for foreign citizens to obtain a patent are exams in the Russian language, Russian history and the basics of Russian legislation.
In other words, the patent exam for migrants consists of 3 modules: Russian, history, and basic legislation of the Russian Federation.

1. The test exam for a patent in the Russian language includes 5 sections:

• Vocabulary. Grammar (25 tasks, for which 15 minutes are allotted);
• Reading (10 tasks, for which 15 minutes are allotted);
• Listening (10 tasks, for which 15 minutes are allotted);
• Writing (1 task, for which 15 minutes are allotted);
• Speaking (for which 10 minutes are allotted).

2. The Patent Exam in Russian History consists of 1 test with 10 questions.

3. The exam on knowledge of the fundamentals of legislation of the Russian Federation also consists of 1 test with 10 questions.

The test exam for a patent on the History of Russia takes 15 minutes. The same time is allotted for the patent exam on the basics of legislation: this test for migrants must also be passed in 15 minutes.

The patent test (exam for migrants) is considered passed if a foreign citizen gives 60% correct answers in each section of the block on the Russian language and correctly answers at least 5 questions out of 10 in the testing block on the History of Russia and gives at least 5 correct answers out of 10 in the testing block on the basics of Russian legislation.

• passport;
• notarized translation of the passport;
• migration card.

Punishment for working without a patent

Responsibility for working without a patent lies with both the foreign worker and the employer who employs a foreign citizen without a work patent.
Next, we will look in more detail at the responsibility for working without a labor patent and the penalties for this for both parties.

Responsibility of a foreign citizen for work without a patent

According to Article 18.10. of the Administrative Code for work without a patent, as well as for work outside the subject of the Russian Federation for which a patent was issued, a foreign citizen faces an administrative fine in the amount of 2 to 5 thousand rubles with possible deportation from the Russian Federation.

Important! For work without a patent in the city federal significance Moscow or St. Petersburg or in Moscow or Leningrad region, a foreign citizen receives a fine of 5 to 7 thousand rubles from administrative expulsion outside the Russian Federation.

Fine to employer for working without a patent

If it is established that a foreign citizen is carrying out labor activities without valid patent to work, the employer will receive a fine from the Federal Migration Service for the migrant’s work without a patent.

That is, if a foreign citizen does not have valid document, he does not have the right to work on the territory of Russia, which means that the employer does not have the right to hire him.

IN otherwise the employer receives a fine:

• On executive– fine 35,000 - 70,000 rubles;
• For legal entities - a fine of 400,000 - 1,000,000 rubles, or suspension of activities for a period of 14 to 90 days.

The patent for a job has expired, what should the employer do?

If a foreign citizen’s work patent has expired, the employer must terminate employment contract and send notice of dismissal foreign employee at the Main Department of Migration Affairs of the Ministry of Internal Affairs.

When a foreign citizen receives a new patent, the employer re-enters into an employment contract with him and again submits a notice of hiring a foreign citizen to the Federal Migration Service.

Work patent: forms and samples

What does a work patent look like in the Russian Federation: a work patent - sample 2017

In 2017, new work patents are as follows:

Important! A labor patent for work for foreigners contains an indication of the profession and subject of the Russian Federation for carrying out labor activities.

Application for a patent for a work

A sample application for a work patent for foreign citizens is as follows:

You can download the application form for a work patent for a foreign citizen using the link.

Petition to renew a work patent from an employer

A petition to extend a work patent for a foreign citizen is as follows:

You can download the application for renewal of a work patent using the link.

Patent work: questions and answers

IN this section we tried to give answers to the most FAQ about a work patent for foreign citizens.

If you haven't found the answer to your question, please leave it in a comment.

• What is the difference between a patent and a work permit: what is the difference between a patent and a work permit for foreign citizens?

The only similarity is that both a patent and a work permit give a foreign citizen the right to legally work in the territory of the Russian Federation.
Otherwise it's perfect various documents.

A work patent is issued only to foreign citizens staying on the territory of the Russian Federation on a visa-free basis. That is, only visa-free foreign citizens can obtain a work patent and work under it in Russia.

Foreigners with a visa to work in Russia must obtain a work permit.

• Who needs to apply for a work patent? Which foreigners need a work patent?

Every foreigner who comes to Russia to earn money on a visa-free basis needs to apply for a work patent, including a work patent for citizens of the CIS, in particular for citizens of Abkhazia, Azerbaijan, Moldova, Tajikistan, Uzbekistan, and Ukraine.

The exception is citizens of member countries of the Customs Union; these foreign citizens do not need to apply for a work patent to work in Russia.

Thus, citizens of Belarus, Kazakhstan, Armenia and Kyrgyzstan do not need to apply for a patent to work in Russia, since these countries are members of the Customs Union.

• Do Belarusian citizens need a work patent?

Citizens of Belarus do not need a work patent, since Belarus is part of the customs union and, according to current agreements, to work in Russia, citizens of Belarus do not need a work patent.

• Does an Armenian citizen need a work patent?

Citizens of Armenia do not need a work patent, since Armenia is part of the customs union and, according to current agreements, Armenian citizens do not need a work patent to legally work in Russia.

• Do Kyrgyz people need a patent to work?

Citizens of Kyrgyzstan do not need a work patent, since Kyrgyzstan is one of the countries of the customs union, and, according to current agreements, Kyrgyz people can work in Russia without a work patent.

• Do Ukrainians need a patent to work?

Yes, citizens of Ukraine need a patent to work in Russia to carry out legal work activities.

• Do Tajiks need a patent to work?

Yes, citizens of Tajikistan need a patent to work in Russia to legally carry out labor activities.

• Do Moldovan citizens need a work patent?

Yes, to legally work in Russia, a citizen of Moldova needs to obtain a work patent.

• Is work experience required when working under a patent?

Yes, a foreign citizen legally working in Russia under a labor patent is accrued seniority.

• Is it possible to buy a work patent for foreign citizens?

No! You cannot buy a patent for a work!

The migration document formalized government agencies and their representatives and the issuance of patents to foreign citizens is carried out personally in the hands of the foreign citizen.

Therefore, even if you need help in obtaining a patent for your work and you contact law firm, specializing in migration services for the collection, preparation and submission of a package of documents for registration of a patent, do not forget that the patent will be issued to you personally.

Remember, information about the document and its owner is entered into the FMS database (GUVM Ministry of Internal Affairs) only when official registration patent for working as a migrant.

Important! If you are offered to buy ready patent to work without passing testing and a medical examination for a patent, then rest assured that they are trying to deceive you, since a migrant will not be issued a patent without this.

• Is it possible to extend a work patent after 12 months?

Renewing a work patent after a year is not a completely correct definition.

This concept means replacing a patent with a work. That is, a foreigner has the opportunity to obtain a new patent for the next period without leaving Russia.

In other words, the patent is re-registered: the foreign citizen receives a new migration patent to work without leaving the territory of the Russian Federation. The document number remains the same, the same as in the old patent. The region of action and profession also remain unchanged.

Important! A foreign citizen must take care of the renewal of a patent in advance and begin to act in this direction before its expiration date, since it will take several weeks to collect a package of documents for renewal and obtain a new patent without leaving the country.

The detailed procedure for “patent renewal” without leaving Russia is described on this page.

• I lost my work patent - what to do?

You will find a detailed answer to the question of what to do and how to restore a lost patent on this page.

• Can a foreigner work without a patent?

Foreign citizens staying in Russia in a manner that does not require a visa have the right to work in the country only with a work patent.

Carrying out work without a patent is fraught with administrative fines with possible expulsion from the Russian Federation and, in some cases, a ban on entry into Russia.

The exception is citizens of countries participating in the customs union.

Thus, only foreign citizens from Belarus, Kazakhstan, Armenia and Kyrgyzstan can work in Russia without a patent.

If the article about a work patent for foreign citizens was useful, please +1 or bookmark the step-by-step instructions for applying for a work patent in the Russian Federation.

A work patent is a work permit for foreign citizens for an individual. A patent is issued only to those temporarily staying citizens for whom obtaining a visa in Russia is not necessary. Registration of a patent is regulated by the Law of the Russian Federation “On legal status foreign citizens in the Russian Federation."

Foreign citizens can work under a patent or work permit. The differences between them are as follows:

1. A work permit is issued for a period of one year, a patent - for one to three months (with the possibility of extension up to a year);
2. A patent is issued only to those who come from visa-free countries. For citizens arriving on a visa, only a work permit can be issued;
3. A patent is issued without taking into account a quota, unlike a work permit.

From January 1, 2013, the obligation of permanently residing citizens, as well as citizens with a residence permit, to obtain a patent or work permit was abolished. These categories of citizens can work without first obtaining quotas or permits.

Changes in legislation

• Previously, a patent differed from a work permit in that it did not allow one to work for a legal entity. faces.

Starting from the new year, a patent gives the right to work for both a legal entity and an individual. Now the patent specifies the type of activity.

• The law established a period during which a foreign citizen must submit his documents for registration of a patent, and for violation - a penalty of 10-15 thousand rubles

Patent documents must be filed within 30 days!!!

• To work under a patent, foreign citizens will be able to enter the territory of our country only with international passports. The only exceptions are residents of states that are members of the Customs Union, as well as the Common Economic Space.

• Defined and additional documents, which must be provided for registration of a patent.

Registration of a labor patent for work

A foreign citizen wishing to obtain a patent must provide territorial office Federal Migration Service (FMS) at the place of its temporary registration, the main documents:

• Patent application, the form of which is issued by the FMS. It can also be downloaded from the official website of the department;
• An identification document of a foreign citizen, for example, a passport or internal passport;
• Copy and translation of passport
• Current migration card with all boundary marks (plus a copy).

In the “Goals” column, it must be marked “WORK”

• Notification form from the FMS about the arrival and registration of a foreign person (i.e. registration);
• 2 colors photos(size 3 by 4 cm), printed on matte paper.
• Certificate TIN(required since 2015!)
• From January 1, 2015, on the basis of the federal law “On the Legal Status of Foreign Citizens,” every foreigner is obliged to provide documents that can confirm his knowledge of the Russian language, knowledge of the history of our country and the fundamentals of the legislation of the Russian Federation. These could be:
  • certificate of proficiency in Russian language, history and fundamentals of Russian legislation,
  • document on education (not lower than the basic general education), which was issued on the territory of the country-republic that was part of Soviet Union before September 1, 1991,
  • document on education (assigned qualifications), which have successfully passed state and final certification in the Russian Federation since September 1, 1991.
• Receipt for payment of a fixed advance payment ( Personal income tax).

Since the beginning of 2015, the size and calculation of personal income tax has changed. Changes come into force in Tax Code RF. The procedure for paying and calculating tax is described in detail in Article 227.1 of the Tax Code of the Russian Federation.

• Voluntary health insurance. To obtain a patent, a foreigner will have to present to the FMS a policy confirming the presence of a voluntary health insurance. It can be replaced by an agreement on the provision of paid medical services. In any case, the contract or policy must ensure the first health care, as well as emergency specialized care.

• Certificate confirming the absence of HIV, as well as a document confirming the absence of drug addiction.

From 2015 it becomes mandatory for everyone foreign persons who wish to work under a patent in Russia. Also, after concluding an agreement with an individual or legal entity, you are required to send a copy of the employment contract (contract agreement) to the FMS.

• If a person is applying for a patent not for the first time, then he also needs a form containing information about the work activity of a foreign citizen with an individual. In this form you should enter your profession and its code according to the All-Russian Classifier.

Documents from the employer

According to paragraph 8 of Art. 13 Federal Law “On the Legal Status of Foreign Citizens” the employer is obliged to notify territorial body FMS on the conclusion, as well as termination, of an employment contract (or other document) with a foreign citizen for the performance of work on time, not exceeding 3 working days from the date of conclusion or termination of the relevant agreement.

Within 2 months from the date of issue of the patent, a foreigner carrying out labor activities in the Russian Federation is obliged to submit in person or send by registered by post with notification of delivery to the territorial Federal Migration Service that issued the patent, a copy of the employment contract or civil law contract.

On admission the said agreement The FMS checks the registration of the employer or customer of work (services) that is legal entities or individual entrepreneurs.

Patent value since 2015

The amount of personal income tax from 2015 will be calculated in a new way:

a fixed advance payment (equal to 1,200 rubles) is multiplied by a deflator coefficient (this is 1.307), as well as by a coefficient that reflects the regional labor market (in Moscow it is equal to 2.5504):

1 200*1,307*2,5504 = 4 000,04736 rub. = 4,000.00 rub.

The monthly amount that a foreign citizen working under a patent in Moscow will have to pay is 4 thousand rubles. In St. Petersburg - 3 thousand rubles.

In other regions of the country, the cost of a patent will be approximately 1,300 rubles.

Within 10 days after the receipt of certificates and documents from the departments, the patent is issued or denied. IN this document the start and end dates of its validity are indicated, as well as the subject in which his work activity is permitted.

Termination and revocation of a patent

A work patent expires upon expiration of its one-year period, and also if the person does not renew the patent and does not pay the advance payment before the due date.

The issuance of a patent is impossible, and a previously issued document is subject to cancellation when:

- if a foreign citizen has become individual entrepreneur;

- if he hired other persons in his work for an individual;

— works in the Russian Federation extremist activities, advocates a violent change in the political and social order according to the Constitution of Russia;

- been expelled or deported from the Russian Federation once 5 years before filing the application, or expelled or deported from the Russian Federation twice or more 10 years before filing the application;

- filed fake documents or announced yourself false information;

- convicted of a serious crime, especially serious crime committed in Russia, or has an outstanding conviction;

— within a year, was brought to justice twice or more times for violating migration laws;

- a foreign citizen returned to his homeland or did not enter the Russian Federation for 6 months;

- the person is sick or has not provided a certificate of absence of drug addiction, AIDS, HIV infection, or diseases dangerous to others;

- the person is under 18 years of age.

If the stay in Russia was extended under a patent, but it was cancelled, the foreign citizen must leave the country no later than 15 days from the date of cancellation.

Thus, obtaining a patent is the most The best way extend your legal stay in Russia. By general rule, a foreign citizen must stay in the Russian Federation for no longer than 90 days, but a patent can increase this period to a year. To register a patent, the FMS does not have the right to require additional documents.

Every foreign citizen who is on the territory of the Russian Federation in visa-free regime(this is mainly with the exception of countries included in the Eurasian Customs Union (Armenia, Kazakhstan, Belarus), has the right to carry out labor activities in Russia.

To do this, he needs to draw up a document called.

A patent allows you to work for both individuals and legal entities.

List of documents for a patent

To successfully apply for a patent, after arrival, foreign citizens must submit the following list of documents to the Federal Migration Service:

• By in the prescribed form(available on the official website of the regional Federal Migration Service);

• a document proving the identity of the foreign citizen in Russia;

• a migration card indicating work as the purpose of the visit to the Russian Federation;

• voluntary health insurance policy;

• documents confirming that the foreign citizen does not have drug addiction and infectious diseases, HIV infection;

• a document confirming the foreign citizen’s knowledge of the Russian language, knowledge of the history of Russia and the fundamentals of the legislation of the Russian Federation (if he does not have another document in hand confirming his knowledge of the Russian language, history and fundamentals of the legislation of the Russian Federation: a diploma or certificate issued in the USSR before September 1 1991 or in the Russian Federation from September 1, 1991);

• documents on registration of a foreign citizen at the place of stay;

• 1 photo matte color 3x4 cm

These documents are required to work in the Russian Federation if it is a foreign citizen for the first time. After registration, it can be extended several times until it is total duration the validity period will not be twelve months. Then it will be possible to re-register the patent once.

If re-registration is carried out, then, in addition to what is indicated above, it is also necessary to submit a petition from the employer.

Payment

The patent is paid for by so-called fixed tax payments in the amount of 1,200 rubles per month; in each region of the Russian Federation, the advance payment is subject to indexation by the deflator coefficient established for the corresponding calendar year.

By order of the Ministry economic development The Russian Federation has set a deflator coefficient of 1.307 for 2015.

Accordingly, on federal level for 2015 the amount of the advance payment for personal income tax in the form of a fixed advance payment will be 1,568 rubles. 40 kopecks.

However, in each region the decision local authorities the amount of the fixed payment may be increased.

So, the cost of a patent in Moscow is 4 thousand rubles. In St. Petersburg - 3 thousand rubles.

Nuances that are important for foreigners to consider

It is important to submit documents to the correct one. A patent gives the right to carry out labor activities only on the territory of the constituent entity of the Russian Federation where the Federal Migration Service that issued it is located.

It will not be valid on the territory of other subjects. It is also necessary to understand that a patent is inherently sufficient reason for the temporary stay of a person on the territory of the Russian Federation.

If you submit the documents described above in a timely manner and then make payments on time, you can extend your stay in the country for a year, and then, after re-registration, for another year.

New rules regarding patent registration have significantly complicated the entry and employment of foreigners. Amendments and revision of the law added discrepancies. This article will help you figure out how to apply for a work patent for foreign citizens in 2017 and who needs it.

There are two concepts: “patent for foreign citizens” and “work permit”. They are close in meaning, but are designed for different categories foreigners. Obtaining a particular document in 2017 depends on the citizenship of the person entering work and the visa regime with the country of departure.

Foreign citizens coming for employment from states with which the visa regime, obtain a work permit. Citizens entering visa-free receive a work permit for foreigners.

In 2017, citizens of Belarus, Armenia, Kyrgyzstan and Kazakhstan were exempted from receiving this paper, but this does not deprive them of the obligation to register for migration at their place of residence.

They enter into an employment contract with the employer and work according to it.

Entry into the country The first step to finding a job in Russia is correct filling migration card when crossing the country's border. In the column for the purpose of entry, “work” is indicated. This important point

, since without it further paperwork and obtaining a patent are excluded.

After entry, the foreigner registers with the migration service. In 2017, there are deadlines within which the procedure must be completed: for Belarusians, Kyrgyz, Armenians and Kazakhs it is 30 days, Ukrainians can do this within 90 days, citizens of Tajikistan within 15 days.

Other foreigners are given 7 days for this. Receipt.

• After registration, they apply for a patent. It is important that no more than 30 days have passed since entry. They collect a package of papers and contact the territorial migration authority. .

• Statement. It is provided for
• special form
• Passport. If it is not written in Russian, then attach its translation and a certified copy.
• Health insurance policy.
• Matte photo size 30x40 mm.
• A certificate stating that the visitor does not have dangerous diseases.
• A document indicating that the employee speaks Russian and is familiar with the history of the Russian Federation and the fundamentals of law. For those categories of citizens who are subject to the law.
• The migration card that he received upon entering the country with a note that he came to find a job.

Copy and original paper on migration registration.

If the period of 30 days for processing the paper is violated, then in addition to the application a receipt for payment of the fine is attached.

It takes 10 days for registration and delivery. The cost is constantly indexed depending on the region and labor market.

After receiving

There are rules that a foreign worker must follow after receiving a patent. When applying for a position after concluding an employment contract, a copy of it is sent to the migration service or you bring it yourself. This procedure takes 2 months.

After employment, the employer issues a notice of hiring a foreign worker. This notification is sent by mail or brought in person to the migration authority within 3 days.

Terms and rules of action

The cost of a patent in Russia

A patent is issued with a validity period of 12 months. An advance payment is paid monthly or for a longer period. If payment is not received on time, the action will be cancelled. When the 12 months of the patent expire, the foreign citizen will renew it for another equal amount of time.

There is no need to travel outside of Russia to obtain a new migration card. The region in which the document was received is also taken into account. A foreign citizen can only work in the place where he was registered. The patent also indicates the foreigner’s profession. Change it yourself work area

without re-issuing the document is prohibited.

Theoretically, you need to apply for an extension 10 days before the expiration of the validity period, but practice shows that they begin to deal with this issue a month in advance in order to meet the required period.

Re-registration

• To extend the validity period of a document, submit a list of papers that differs from the original one.
• Application for re-registration.
• The employer provides an additional request for an extension for a foreign citizen.

An employment contract with a reserve validity period.

Responsibility for violating the rules

If registration rules are violated, not only the foreigner, but also the employer is liable. For foreign worker

• fines are provided in a number of cases:
• Labor activity outside the region in which the patent was received.
• Expiration of the document.

Work not in the profession indicated on the paper. The amount of fines in such cases in 2017 reaches 7 thousand rubles. At repeated violations

a foreign citizen can be expelled from the Russian Federation and denied entry into the country for 10 years. For employers there are up to 1 million rubles for each foreign citizen hired in violation of the rules.

• Hiring without a patent.
• Registration and use of an employee not in the profession specified in the document.
• Using the labor of a citizen who has received a patent in another region.
• After the foreigner was hired, the migration authority was not notified about this.

When the document expires, the employer, according to the rules, suspends the foreign citizen from work for 1 month, but if the document is not renewed, then the employment contract with the employee is terminated.

If a foreign citizen has been absent from Russia for more than six months, his patent will be revoked.

Use of intermediaries and violations of procedure

It is tempting to use the services of intermediary agencies that provide services for obtaining patents. This allows you to solve a number of difficulties with issuing health certificates, language proficiency and registration.

But today it was put into effect electronic database data, in which the validity of issued papers and permits is checked online. When registering, the fictitiousness of registration, facts of previous deportations, violations are checked Russian laws and the presence of outstanding convictions.

When submitting a package of papers, their authenticity is also checked. If counterfeits are detected, the issuance of a patent is excluded. All documents must be completed in person and submitted to public services migration. The use of intermediaries is excluded if the goal is legal employment.

Hello, friends and colleagues!

The previous topic about patents 2014 caused a huge stir. Many people are now faced with the question of replacing an old patent with a new one or simply obtaining a new patent for work. Let's go over the things you need to know about new patents.

The procedure for filing and the list of documents required for obtaining a patent by a visa-free foreigner.

To obtain a patent, a visa-free foreigner must submit a package of documents not later than before expiration 30 calendar days from the moment of his entry into the Russian Federation.

The list of documents required for registration of a patent includes the following documents:

Application for a patent (the form of which is approved by the Federal Migration Service of Russia);

Passport;

Migration card indicating the purpose of the visit – “work”;

Voluntary health insurance agreement (policy) concluded with an insurance organization.

Moreover, such an agreement (policy) must be issued for the period during which the visa-free foreigner intends to carry out labor activities in the Russian Federation and ensure the provision of primary health care and specialized medical care V urgent form.

It is also possible to submit an agreement on the provision of paid medical services concluded with a medical organization. In this case, the medical organization must be located in the subject of the Russian Federation on the territory of which the foreign citizen intends to carry out work activities. The agreement must also ensure that the foreign citizen is provided with primary health care and specialized medical care in an emergency manner.

Medical documents confirming that the foreign citizen does not have relevant diseases. Higher executive agency state power of a constituent entity of the Russian Federation in mandatory establishes a list medical organizations, authorized to issue these documents;

A document confirming the foreign citizen’s command of the Russian language, his knowledge of the history of Russia and the fundamentals of the legislation of the Russian Federation;

A detachable part of the notice of arrival of a foreign citizen at the place of stay.

The law allows a foreign citizen to fail to present a migration card and the detachable part of the arrival notice. In this case, the Federal Migration Service of Russia checks the availability of information about these documents according to the records they have.

Thus, visa-free foreigners within 30 days from the date of entry into Russia, they must not only have time to complete all the documents listed above, but also provide them.

At the same time, allowed submission of documents and with violation specified period, however, through the procedure bringing to administrative responsibility. The Law introduces Article 18.20 into the Code of Administrative Offenses of the Russian Federation, “Violation by a foreign citizen or stateless person of the deadline for applying for a patent,” which provides administrative responsibility in the form of a fine in the amount of 10,000 to 15,000 rubles.

In this case, the foreigner will need to attach a receipt of payment to the documents listed above. administrative fine, which is certain in positive side will affect budget capacity, especially in regions that visa-free foreigners can physically reach within a few days or weeks from the date of entry into Russia.

Time limit for registration of a patent or production of a notice of refusal in its issuance is 10 working days. A foreign citizen obtains a patent in person. Upon receipt of a patent, a document confirming payment of income tax is provided individuals in the form of a fixed advance payment for the period of validity of the patent (hereinafter referred to as the advance payment).

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Includes measures for the prevention, diagnosis, treatment of diseases and conditions, medical rehabilitation, monitoring the course of pregnancy, formation healthy image life and sanitary and hygienic education of the population (part 1 of article 33 Federal Law dated November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”).

Specialized emergency medical care is provided in case of sudden acute diseases, conditions, exacerbation chronic diseases without obvious signs of a threat to the patient’s life (p./p. “b.” p. 5 of the Procedure for providing emergency care, including emergency specialized medical care, approved by Order of the Ministry of Health of the Russian Federation dated June 20, 2013 N 388n.