Labor activity of foreign citizens in the Russian Federation
The legislation of the Russian Federation does not prohibit foreigners from working in Russia, but it is worth considering that there are some restrictions for working in areas that ensure the national security of the country. Foreign citizens, like Russian citizens, have certain rights at work and also pay taxes.
Employment of a foreigner in Russia is associated with the preparation of a certain list of documents. The documents will depend on the country from which the foreigner arrived. If he is a citizen of a country with which Russia has a visa-free regime, then such a document will be a labor patent. The exception is citizens of those countries that are members of the Customs Union.
Important! Citizens of Belarus, Armenia, Kazakhstan and Kyrgyzstan can work without a patent in 2020 and stay in the Russian Federation legally.
How much does it cost to renew a patent for foreign citizens?
Renewing a document at a multifunctional migration center costs 3,700 rubles.
A health examination, depending on the medical organization and the urgency of issuing a certificate, ranges from 1,000 to 3,000 rubles.
The cost of passport translation, depending on the urgency of the service, averages 1000-2000 rubles. Even if a foreigner’s passport contains duplicate lines in Russian, but not for all entries, translation will still be required.
Obtaining medical insurance will cost from 4,000 rubles, depending on the pricing policy of the insurance organization and the package of services provided.
The amount of the monthly payment depends on the personal income tax deflator coefficient established by the region.
What is a work patent
An employer has the right to hire only those foreign citizens who have a work patent (Law No. 115-FZ, Article 13.3). Due to the fact that a fairly large number of foreigners come to Russia and visa-free countries, you should understand why a patent is issued and what it gives. There are two types of patents:
- To work for an individual, for example, as a nanny, gardener, etc.;
- To work for a legal entity, for example, in companies, institutions, firms, etc.
Such a document is currently presented in the form of a pink card, on the front side of which the following information is indicated:
- Series and number;
- Photo, size 3x4 cm (color);
- Full name of the foreigner;
- Date of birth of the foreigner, citizenship;
- Passport data;
- Specialty (profession).
The back of the card contains the following information:
- Work for a legal or natural person, tax identification number and other information;
- The region in which this document is valid.
It should be borne in mind that the patent does not indicate a specific employer. But at the same time, a patent issued for the purpose of working for an individual does not allow working for a legal entity and vice versa. A foreigner can work only in the specialty specified in the patent, as well as in the territory of the specified region. If necessary, you can make changes to the patent, for example, change your specialty. In this case, you will again need to contact the place where you received the document.
Important! Foreigners permanently residing in the Russian Federation legally can work in any subject of the Russian Federation without a patent. For those foreign citizens who have received a temporary residence permit, they can only get a job in the region where they live. In this case, no additional permitting documents are required.
Regulatory framework and work permit
All issues related to obtaining work permits for foreigners in Russia are regulated by special Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia dated October 20, 2017 No. 800. This document states that all citizens of foreign countries who wish to work in Russia are required to fill out a special paper and pay its cost. The only exceptions are:
- persons with refugee or temporary migrant status;
- foreigners with a residence permit in the Russian Federation or who have issued documents for temporary residence;
- participants in the program for the voluntary resettlement of compatriots;
- highly qualified foreign specialists;
- some other categories.
All citizens of the countries of the former USSR, except for citizens of Kazakhstan, Belarus, Kyrgyzstan and Armenia, need such a work permit (members of the EAEU treaty). The extension is done only once - for a year. Then the worker will have to leave Russia and come again if he wants to continue working. Let's figure out what documents are needed to renew a work patent.
Patent renewal procedure
It is worth starting the patent renewal procedure in advance, and not after the expiration of the term. The entire renewal process will take approximately 10 days, so you should apply for an extension no later than 10 days before the patent expires. In this case, you should already have prepared documents on hand. Thus, it turns out that it is worth starting preparations for patent renewal a month before the end of the term. Preparation will include the following:
- Collection of necessary documents;
- Payment of the last month of tax;
- Passing a medical examination;
- Preparation of related documents, for example, an application for patent renewal from the employer.
The application submitted by the employer must indicate the following:
- Name of the company in which the foreign citizen works;
- The position that the foreigner holds in this company;
- Patent distribution region.
Important! If the application contains false information, the foreigner may be held accountable.
For those citizens who have issued a patent for 12 months, the extension of the patent is allowed for another 12 months. In this case, traveling outside the Russian Federation will not be required. After the second one-year period, the foreigner will need to cross the Russian border and receive a new migration card. Such a card is necessary to confirm the legal stay of a foreigner on the territory of the Russian Federation, as well as to obtain a new patent.
To renew a patent, you will also need to collect a certain list of documents. A complete list of documents can be found on the website of the Main Department of Migration Affairs of the Ministry of Internal Affairs (UFMS), it includes the following list:
- A document proving the identity of a foreigner, allowing him to cross the border of the Russian Federation, as well as stay on the territory of another state (foreign passport);
- Migration card, which confirms that the foreigner has legally crossed the border and is staying in our country;
- A note that the foreigner has registered for migration;
- Petition from the employer;
- Employment contract (copy of the document);
- Previous patent (copy);
- Receipts confirming payment of tax for the previous patent and for the renewal period.
Sanctions in case of non-renewal
If the patent has not been renewed, and the former expires in the coming days, you must leave the Russian Federation and enter again.
You need to leave so that upon entry you will be given a new migration registration card; only after receiving it can you begin to apply for a new patent. 90 days are given for registration.
A patent may become invalid if:
- payment has not been received;
- the validity period has expired.
Failure to renew a patent may result in a fine of 35,000 rubles and an entry ban for up to 2 years.
However, there are also penalties applied to an employer who hires a foreigner without a patent; this amount ranges from 400,000 rubles.
After a citizen has extended the validity period of a patent, he must:
- Pay monthly tax obligations;
- Within 60 days, you must find a job in an authorized specialty and conclude a contract. If during this time the citizen has not found a suitable vacancy, the patent ceases to be valid;
- Extend migration registration. Currently, a person from a foreign country is required to undergo the registration renewal procedure after completing documents for patent renewal. 3 working days are given for this.
Compliance with this procedure will confirm the legal right to employment and location and then there will be no additional problems with the law and sanctions.
Attention! Notification of the FMS about patent renewal is not required
What happens if the patent is not renewed?
If a foreigner has not renewed his work patent, he will need to leave Russia and then re-enter. This is required in order to again receive a migration card, which will allow you to legally stay in the Russian Federation. It is worth finding out the date of entry into the country in advance, as it will depend on the rules for crossing the border. For example, some citizens have the right to travel abroad and return to the Russian Federation on the same day, while other citizens will need to wait 3 months to enter. After receiving a new migration card, the foreigner will need to apply for a new patent within 30 days.
If a foreign citizen continues to work without a patent, he will be held accountable.
He will be fined from 2,000 to 5,000 rubles. At the same time, for foreign citizens working in Moscow or St. Petersburg, the amount of the fine will be higher. It will amount from 5,000 to 7,000 rubles. Rate the quality of the article. We want to be better for you:
How to renew a patent for a second year without leaving Russia
To renew a labor patent without leaving the Russian Federation, it is necessary to carry out the specified procedures without violating the legal deadline for re-registration.
Note!
In accordance with paragraph 8 of Article 13.3 of the Law on the Legal Status of Foreigners, it is 10 days before the expiration of the patent, since this is exactly how long it takes for the employees of the Main Migration Department of the Ministry of Internal Affairs to check the submitted documentation and issue a new patent.
Taking this into account, it is recommended to deal with registration issues in advance - otherwise, you will only be able to obtain a patent again by leaving the country, returning and going through the registration procedure again.
What awaits patent entrepreneurs in 2020
In order to legalize the activities of self-employed citizens, officials of the Accounts Chamber proposed allowing them to acquire a patent starting from 2020 without registering as an individual entrepreneur. The tax rate will be set at 2-6%, and the amount will already include contributions to pension and health insurance. The citizen will be able to choose the payment period - every month or quarter.
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The tax amount is calculated using the formula: Tax = Taxable base x 6%. The tax base is an approximate value that is established by type of activity and assumes the maximum amount of income for 12 months. For 2020, the coefficient by which income is indexed has not yet been established; in 2020 it is equal to 1.481.
Patent duration
It is very important to collect all the certificates and submit them to the appropriate authority not just before the previous patent expires, but to do this with a reserve, not putting it off until the last minute, but carefully monitoring the dates.
The package of documents is submitted to the Main Department of Migration Affairs of the Ministry of Internal Affairs (until 2020 it was the Federal Migration Service) 30 calendar days before the old patent expires. If it turns out that everything is completed correctly and the government agency does not have any claims, then the patent will be reissued. If a patent has expired and there is no new one, what should you do? Regardless of the reason for which the applicant did not submit documents, in this case he will need to have time to leave the Russian Federation before the expiration date of the patent, and then re-enter the country. Then he will be able to reapply for a migration card.
After crossing the border, a citizen of another state will be able to stay on Russian territory for 90 days. But if he plans to work, then filing a patent for the work will be a top priority. According to the law, it must be started within 30 days from the date of entry into Russia.
The Main Directorate for Migration Affairs of the Ministry of Internal Affairs considers each application for a patent, but such a request may be rejected. In this case, the applicant must be informed about the refusal officially within 10 days. The patent readiness status can be checked online. The corresponding service is supported by the Multifunctional Migration Center.
The period for renewing a patent for a foreign citizen, regardless of where he applies, to the UVM or MMC, is 10 working days from the date on which the listed papers were transferred. But in the second case, this often takes 20 calendar days from the moment of the first visit to the center, since documents are carefully checked, requests are made, and often you still have to wait for the results of the medical examination.
A patent can be renewed up to a maximum of 12 months from the date of issue. Working for more than one year using the same document is prohibited! And it is at this stage that re-registration is required.
Extension principle
The extension is carried out in a simple way - you just need to pay the required amount of income tax in advance for a period of one to three months.
As soon as the payment deadline approaches the end, payment can be repeated.
This can be done repeatedly until the total number of extensions reaches a total period of twelve months. After this, you need to contact the Federal Migration Service for re-registration.
To renew, it is not necessary to personally visit the Federal Migration Service offices - it is enough just to maintain timely payments. If the money is not paid before the deadline, then the patent will be canceled the next day.
Submitting an application
Perhaps the most important document in the package of documents is a petition from the employing organization to extend a work patent for foreign citizens. Without it, the procedure for renewing a labor patent is not worth starting.
This document must contain the following information:
- full name of the company in which the foreign citizen works, and its details - TIN, legal address;
- region of validity of the patent, and other information contained in the previous document;
- specialty of a foreign citizen.
All this information by default must be identical to the information contained in the previous patent. If the applicant changed his place of work or specialty, then information about this must be reported to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs in advance.
