Foreign citizens receive a patent when they want to work on the territory of the Russian Federation. However, not all foreigners are required to apply for a patent.
If you are an employer and want to enter into an employment relationship with a foreigner, you must take into account that the interest in you from regulatory authorities will be increased. For example, if a foreign employee forgets to renew a patent, this will be a violation of immigration laws. If the employer does not find out about this and the employee with an expired patent continues to work for him, the company management may have problems. In this and other difficult cases, we recommend that you seek help from an experienced immigration lawyer as soon as possible.
Changes after Presidential Decree No. 364 of June 15, 2021 entered into force
- Until September 30 inclusive, all foreigners who arrived in Russia before March 15, 2021, and who do not have legal grounds for staying in the Russian Federation as of June 16, 2021, can contact the territorial bodies of the Ministry of Internal Affairs of the Russian Federation with an application in any form and regulate their legal status or leave From Russia.
- The validity of temporary or permanent residence (TRP, residence permit), refugee certificates and certificates of temporary asylum for foreign citizens in Russia are suspended from June 16 to December 31, 2021 (clause 3 of Decree of the President of the Russian Federation No. 364).
- From June 16, 2021 until the expiration of 90 days from the date of lifting the temporary restrictions imposed by Russia on transport links with a foreign state, the six-month period of stay outside Russia for participants of the State Program, HQS, holders of temporary residence permits, and residence permits has been suspended.
- Until December 31, 2021, foreign citizens have the right to apply for a patent or enter into an employment contract for any stated purpose of the visit.
- Based on the Decree of the President of the Russian Federation No. 364 of June 15, 2021, which entered into force, from June 16, 2021 until the expiration of 90 days from the date of lifting the temporary restrictions imposed by the Russian Federation on transport links with a foreign state, the period of temporary stay in the Russian Federation of foreign citizens and stateless persons who are in the Russian Federation and have citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence in a foreign state, the periods for which such foreign citizens and stateless persons are registered at the place of stay, as well as validity periods of the visa and migration card (with the marks placed on them).
Fine for an expired document or work without a patent
All penalties are determined by the law on the work of migrants on the territory of the Russian Federation. If the head of an enterprise receives a representative from another state who does not have the right to work in Russia, a fine is imposed on the employer.
If the employer is an individual, he may be subject to a monetary penalty of 5,000 to 7,000 rubles. Legal entity - from 400 thousand to 1 million rubles. Suspension of the enterprise's activities is possible (14-90 days).
The official who committed the violation must pay a fine in the amount of 35,000 to 70,000 rubles.
Fines are also provided if the employer fails to notify or informs the migration department late about the acceptance or dismissal of a representative of another state.
general information
The labor activity of foreign citizens on the basis of a patent is regulated by Art. 13.3 of Federal Law No. 115-FZ of July 25, 2002. In accordance with Part 5 of Art. 13.3 of this Federal Law, a patent is issued for a period of 1 to 12 months.
The validity period of the patent is extended for the period for which the foreign citizen has made monthly advance payments in the amount established for the region of its issuance.
Paying for a patent a year in advance will allow you to stay legally in the country for all 12 paid months.
The question arises: if the person who paid the fee for the patent traveled abroad, then upon arrival in the Russian Federation he will again need to undergo registration procedures at the territorial body of the Ministry of Internal Affairs of the Russian Federation?
In this case, after leaving the country, the person is automatically removed from the migration register. Therefore, upon entering Russia, the procedure for registering for migration occurs again.
This condition applies even to those cases when a foreigner leaves for his homeland for a vacation period - in any case, upon arrival in the Russian Federation, he will need to issue a new temporary registration, despite the fact that the registration period previously issued on the basis of receipts for payment of the patent has not yet expired expired.
Healthy! These conditions regulating migration registration in relation to foreigners are prescribed in Decree of the Government of the Russian Federation of January 15, 2007 No. 9 (as amended on December 26, 2019).
The current version of the document can be found here: https://www.consultant.ru/document/cons_doc_LAW_65707/
What happens if you don’t submit your application within 30 days?
If you do not meet the deadline for filing a patent, then nothing bad will happen - you will not be expelled from the country and you will still be able to draw up the document. But for delay, a foreigner will be fined from 10 to 15 thousand rubles . Such punishment is provided for in Article 18.20 of the Code of Administrative Offences.
The receipt remaining after paying the fine must be kept and shown to the inspector when applying for a patent.
There is an option that allows you to avoid a fine - make an exit/entry . In this case, you simply cross the Russian border and immediately return back. The border guards will issue a new migration card, and you will have another 30 days to process the document. For such purposes, in many cities there is a special one.
There are several nuances to consider here:
- calculate how much time and money you will need to spend traveling to the border. It may be easier to pay the fine;
- Don't forget the 90/180 rule. Exit/entry makes sense for those who have been in Russia for less than 90 days and will have time to submit their patent papers during this period.
When does it need to be renewed?
A foreign citizen has the right to renew registration under a patent immediately after making the next advance payment. In order to carry out his plans in a timely manner, he must contact the territorial body of the Ministry of Internal Affairs of the Russian Federation no later than 3 days before the end of the paid period. The given time period is calculated in working days, excluding weekends and holidays.
Important! All territorial divisions of the Ministry of Internal Affairs of the Russian Federation operate on a six-day working week, that is, with one day off on Sunday.
Conditions for using PSN
The type of activity that the entrepreneur plans to engage in or is already engaged in is important for the application of PSN. The fact is that this taxation regime can only be applied to certain types of activities. All of them are given in paragraph 2 of Article 346.43 of the Tax Code of the Russian Federation. But even if a specific type of activity is mentioned in the list, you need to make sure that in the region where the individual entrepreneur plans to work, local authorities have introduced a PSN in relation to this type of activity.
Moreover, the authorities of the constituent entities of the Russian Federation have been given the right to expand the list of “patent” types of activities in relation to household services (clause 2, clause 8, article 346.43 of the Tax Code of the Russian Federation). Therefore, if some services are not on the federal list, then you still need to look at the local law. Perhaps they are there.
The essence of the PSN is that the amount of tax is actually the cost of the patent, and does not depend on the income that the individual entrepreneur receives in the course of his activities. That is, the amount of tax under PSN is fixed, and its exact amount is formed based on the potential annual income (for each specific type of activity it is established) and the period for which the patent is acquired. This may be an advantage, for example, if actual income turns out to be higher than “potentially possible”. The amount of potential annual income for the types of business activities to which the PSN is applied is established by the laws of the constituent entities of the Russian Federation (clause 2, clause 1, clause 2 of clause 8 of Article 346.43 of the Tax Code of the Russian Federation).
The tax itself is calculated at a rate of 6 percent. According to the laws of the constituent entities of the Russian Federation, this tax rate can be reduced, including to 0 percent (clauses 1, 2, 3 of Article 346.50 of the Tax Code of the Russian Federation).
How and where to renew
The extension of temporary registration under a patent is carried out at the territorial body of the Ministry of Internal Affairs of the Russian Federation at the place of residence of the foreign citizen and the place of work.
This can be done either by the foreigner who needs an extension or by other persons:
- The owner of the residential premises in which he is registered.
- The employer or his authorized representative.
One of them must contact the authorized body with a pre-prepared list of necessary documents and a receipt.
Extension at the place of work
For foreign citizens engaged in labor activities, before renewing registration under a patent, it is necessary to perform a number of the following actions (Russian legislation provides for the possibility of carrying out all actions by a representative of the employer):
- Pay for a patent for a certain period.
- No later than 3 days after depositing money into the account, provide the following documents to the authorized body:
- A photocopy of the receipt confirming the payment.
- Photocopy of the patent.
- Statement.
Application for renewal of patent registration
- Form for notification of arrival of a foreign citizen
Front side of 1 sheet
Reverse side of 1 sheet
Front side 2 sheets
Reverse side of 2 sheets - A photocopy of the foreigner's passport.
- A photocopy of the migration card.
- A photocopy of receipts confirming payment for early periods.
- A photocopy of the rental agreement or employment contract.
Extension at your place of residence
Extension of temporary registration under a patent at the actual address is carried out at the territorial body of the Ministry of Internal Affairs of the Russian Federation, as in the previously described situation.
The procedure in this case may be as follows:
- Payment for the patent is made, confirming the intention to renew the registration.
- No later than 3 days after payment, the receiving person confirms the applicant’s residence at this address, in his premises.
At the same time, he provides the employee of the authorized body with duplicates of the following documents necessary to renew registration under the patent:
- Original personal passport.
- Statement.
- A receipt confirming payment for the patent.
- Checks for early periods confirming the absence of debts.
- Arrival notification form.
- Passport of a foreign citizen.
- Migration card.
- Old registration to be replaced.
- Patent for work.
Important! This list is established in full compliance with regulations, therefore the requirement of employees of the territorial bodies of the Ministry of Internal Affairs of the Russian Federation regarding the need to provide additional documents can be regarded as a manifestation of corruption, both in relation to the applicant and his representatives.
How long does it take to find a job after receiving it?
If the migrant already has a patent, then he is given 2 months to officially get a job.
Note! A foreigner must send copies of the employment contract to the Main Migration Department of the Ministry of Internal Affairs. Otherwise the patent will be revoked.
The employer also has its own responsibilities after hiring a foreign citizen. He is obliged to notify the authorities about this.
Price
The cost of renewing a work patent directly depends on the region in which it is issued. You can directly obtain this information from the Main Department of Migration Affairs of the Ministry of Internal Affairs in your region of work.
On average you will have to pay about 12 thousand. Of this amount, 3,700 rubles will be spent on registration of the patent itself, and all the remaining money will be spent on passing doctors, an exam on knowledge of the Russian language and the history of Russia, as well as on a policy and insurance.
If you need to have documents translated by a notary, it will cost from 400 to 1500 rubles for each.
In another material, we propose to find out all the detailed information about all the costs associated with filing a patent for work.
