Labor activity on the basis of a patent. Working without permission: fines

Any foreign citizen who arrives in the Russian Federation for the purpose of employment must carry out his activities on the basis of permits issued in accordance with the current legislation. For foreigners who arrived on the territory of the Russian Federation in the manner requiring a visa, a work permit must be obtained for employment. For citizens of countries with a visa-free regime, a patent is required. These requirements are dictated by Federal Law No. 115 "On legal status foreign citizens v Russian Federation". In case of violation of the rules of implementation labor activity the legislation provides for responsibility that is assigned not only to the migrant, but also to the employer.

The RF Code of Administrative Offenses provides for a fine for illegal employment of a foreign citizen without a patent or without a work permit in the amount of 2 to 5 thousand rubles. At the same time, a legal entity that attracted a citizen to work can be punished with a fine in the amount of 250 to 800 thousand rubles, and a responsible official - a fine in the amount of 25 to 50 thousand rubles.

The possibility of imposing fines for bringing a foreign citizen or stateless person to work in the Russian Federation without obtaining, in accordance with the established procedure, permission to attract and use foreign workers, if such permission is required, is separately stipulated, while the amount of fines remains.

The Code also provides for a punishment for a foreign citizen if he works without a work permit or patent, as well as, in the case of carrying out activities that do not correspond to the profession specified in the permits, in the form of an administrative fine in the amount of 2 to 5 thousand rubles with an administrative expulsion from the Russian Federation or without it. In the cities of federal significance Moscow and St. Petersburg, the fine is increased from 5 to 7 thousand rubles. Additionally, the possible liability for failure to comply with the deadline for applying for changes in the information contained in a work permit or patent, or failure to apply for a foreign citizen or stateless person for making these changes is stipulated - the imposition of an administrative fine in the amount of four thousand to five thousand rubles.

For visa-free foreign citizens, there is an additional liability for violation of the period for applying for a patent, if such a period is established by law - the imposition of an administrative fine in the amount of ten thousand to fifteen thousand rubles.

If the employer has not received a special permit for attracting foreigners hired a foreign citizen, a fine may be imposed on him for attracting and using a foreign citizen. work force in the amount of 35,000 to 70,000 rubles for an official, the fine for attracting foreign labor to a legal entity will be from 400,000 to 1,000,000 rubles, it is also possible to suspend the activities of the enterprise for a period of 14 to 90 days. The size of the fine for the use of foreign labor for an individual will be from 5,000 to 7,000 rubles.

In the event that the employer did not notify or violated the terms of notification executive body in the field of migration on the fact of concluding an employment contract with a foreign citizen or terminating the contract and dismissing a foreigner from work, then a fine will be imposed on the employer for a migrant in the amount of 5,000 to 7,000 rubles per physical person. a person, from 35,000 - 70,000 rubles for an official and a fine for failure to notify a foreign worker to be dismissed or hired for a legal entity - from 400,000 to 1,000,000 rubles.

Thus, it is necessary to take a serious approach to the issue of registration of the labor activity of foreign citizens. Correct design will allow you to avoid risks from both the employer and the foreign worker.

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Lawyers Answers (10)

Lawyer, St. Petersburg

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Good afternoon.

Specify, is an individual an individual entrepreneur, or did you just hire these persons for yourself, as a citizen?

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I hired these persons for myself. But I am a confidant of the owner. Who, in turn, is also a private person.

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Lawyer, St. Petersburg

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Have a nice day!

The procedure for conducting inspections of the FMS is established by the Administrative Regulations of the FMS, approved. Order of the Ministry of Internal Affairs of the Russian Federation N 338, FMS of the Russian Federation N 97 of April 30, 2009.

According to clause 37 of the Regulation sequence of actions during the on-site inspection:
- Departure to the address of location (implementation of activities) of the inspected object;
- order announcement on the inspection;
- presentation of a service certificate;
- delivery of a copy of an order on the inspection legal representative the object being checked;
- familiarization of the representatives of the inspected object with their rights and obligations during the inspection;
- inspection of the territory and establishment of the fact of the presence of foreign citizens on the territory of the inspected object, verification of their compliance with the provisions of the migration legislation of the Russian Federation, including the determination of the legality of their stay and the activities carried out by them
... etc.

As you can see the FMS employee was obliged to serve a copy of the inspection order.

They check themselves or with the involvement of the Ministry of Internal Affairs.

Employment In Russian federation foreign citizen or stateless persons with absence this foreign citizen or stateless person has a work permit or patent, if such permission or patent is required in accordance with federal law, entails liability under Art. 18.15. Administrative Code of the Russian Federation: imposition of an administrative fine on citizens in the amount of two thousand to five thousand rubles, on officials - from twenty-five thousand to fifty thousand rubles.

Persons carrying out entrepreneurial activity without the formation of a legal entity, those who have committed administrative offenses shall bear administrative responsibility as officials, unless otherwise established by the Code.

And besides, there are also clauses 2 and 3 of this article, which can also be hanged on you.

Remember that in the event of illegal employment in the Russian Federation of two or more foreign citizens and (or) stateless persons administrative responsibility, established by article 18.15 comes for violation of the rules for recruiting foreign citizens and stateless persons (including foreign workers) to work in the Russian Federation in relation to every foreign citizen or stateless persons separately.

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Clarification of the client

Article 18.15 of the Code of Administrative Offenses of the Russian Federation also specifies fines for officials. Am I not in this case? All the same, other amounts

Lawyer, St. Petersburg

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Article 12 Federal law RF of 25.07.2002 N 115-FZ "On the legal status of foreign citizens in the Russian Federation" established the concept of the labor activity of a foreign citizen, which is understood as the work of a foreign citizen in the Russian Federation on the basis of an employment contract or a civil law contract for the performance of work ( provision of services), and according to clause 4 of Art. 13 of this Law, a foreign citizen has the right to work with a work permit.

The responsibility for attracting foreign citizens to work is provided for in Art. 18.15 of the Code of Administrative Offenses of the Russian Federation, in particular, there is a fine from 2 to 5 thousand rubles, and for each foreign citizen.

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Druzhkin Maxim

Lawyer, Moscow

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Hello!

An employee of the FMS body carrying out this type of supervision must comply with the procedure for its conduct, and at the beginning of an inspection, must submit an order to conduct an inspection with a copy of it being handed over to the person being inspected. However, the violation of the administrative procedure according to the resolution of the Plenma of the Armed Forces of the Russian Federation is not a significant violation that does not allow attracting the person who committed the admin. offense to adm. responsibility. For the specified offense foreseen by admin. answer according to article 18.15 of the Code of Administrative Offenses of the Russian Federation - an administrative fine for citizens in the amount of two thousand to five thousand rubles.

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Lawyer, Moscow

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Hello!

In accordance with clause 1, clause 2. Clause 4.5 of Art. 13 Federal Law of July 25, 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation"

Foreign citizens enjoy the right to freely dispose of their abilities for work, choose their type of activity and profession, as well as the right to freely use their abilities and property for entrepreneurial and other not prohibited by law economic activity subject to the restrictions provided for by federal law.

An employer in accordance with this Federal Law is an individual or legal entity that has received, in accordance with the established procedure, permission to attract and use foreign workers and uses the labor of foreign workers on the basis of labor contracts concluded with them. A foreign citizen registered as an employer can also act as an employer. individual entrepreneur.

The employer and the customer of work (services) have the right to attract and use foreign workers without permission to attract and use foreign workers if foreign citizens: 1) arrived in the Russian Federation in a manner that does not require a visa; 2) are highly qualified specialists and are involved to labor activity in the Russian Federation in accordance with Article 13.2 of this Federal Law.

An employer and a customer of work (services) have the right to attract and use foreign workers if they have a permit to attract and use foreign workers, and a foreign citizen has the right to carry out labor activities if they have a work permit. This procedure does not apply to foreign citizens: 1) permanently or temporarily residing in the Russian Federation; 2) being participants State program to assist the voluntary resettlement to the Russian Federation of compatriots living abroad and members of their families moving with them to the Russian Federation; 3) who are employees of diplomatic missions, employees of consular offices of foreign states in the Russian Federation, employees international organizations, as well as private domestic workers of these persons; 4) who are employees of foreign legal entities (manufacturers or suppliers) performing installation (installation supervision) work, service and warranty maintenance, as well as post-warranty repairs of technical equipment supplied to the Russian Federation; 5) who are journalists, accredited in the Russian Federation; 6) students in the Russian Federation in educational institutions vocational education and performing work (providing services) during the holidays; 7) studying in the Russian Federation in educational institutions of vocational education and working in their free time as educational support personnel in technical education

That is, the employer has the right to attract foreign citizens to work without obtaining a special permit if the employees arrived in the Russian Federation in a manner that does not require a visa or are highly qualified specialists.

A foreign citizen has the right to work without a permit (patent) in the above cases. Therefore, if employees have a temporary residence permit or residence permit in the territory of the Russian Federation or other grounds, then they have the right to work without a patent.

By virtue of Art. 18 .10 of the Administrative Code of the Russian Federation Implementation by a foreign citizen or stateless person of labor activity in the Russian Federation without a work permit or a patent, if such a permit or patent is required in accordance with federal law, - entails the imposition of an administrative fine in the amount of two thousand to five thousand rubles with or without administrative expulsion from the Russian Federation.

That is, a foreign citizen can be held administratively liable for violation of the above legal requirements.

The procedure for conducting inspections of employers and the subject of mobility of the above legislation is established by Order of the Ministry of Internal Affairs of the Russian Federation N 338, FMS of the Russian Federation N 97 dated April 30, 2009 "On approval of the Administrative Regulations for the execution state function control and supervision over the observance of the provisions of the migration legislation of the Russian Federation by foreign citizens and stateless persons and over the observance of the rules for attracting foreign workers to the Russian Federation by employers, customers of work (services) and the use of their labor "(

In accordance with clause 15 18, clause 22-26, clause 37 of the Regulations, an on-site inspection is carried out within 7 days. The term of the audit, including that carried out with the participation of employees of the internal affairs bodies of the Russian Federation, may be extended by an official of the FMS of Russia who appointed it by 7 days. The participation of employees of the internal affairs bodies of the Russian Federation in an on-site inspection when its terms are extended shall be agreed with the head of the relevant internal affairs body of the Russian Federation in the manner prescribed by clauses 50 - 53 of the Administrative Regulations.

Maximum term verification (subject to possible extension) - 14 days.

Documentary verification is carried out within one month. The period of documentary inspection may be extended by the official of the FMS of Russia who appointed the inspection by one month.

The check is considered to be started from the date of issuance of the order on its conduct, unless otherwise specified in the order.

Verification can be completed ahead of time, established in the order on its conduct.

The official of the FMS of Russia who appointed the inspection may extend the inspection period in the event of:

the need to study a significant amount of verified information;

failure to provide by the audited legal entity, individual entrepreneur, customer of works (services) and / or other organizations of documents in set time;

the need to request and study additional documents and materials.

Types of checks: 22.1. An on-site check for compliance with the provisions of the migration legislation of the Russian Federation by foreign citizens who are at the address of the on-site check during the period of its conduct is carried out in relation to the inspected object by a group of employees of the subdivisions of the FMS of Russia at the location of the object of inspection and (or) its activities. 22.1.1. The basis for conducting a scheduled or unscheduled on-site inspection is: the availability of information about the inspected object in the inspection plan, formed for the corresponding period, provided for by the established procedure for planning the activities of the subdivisions of the FMS of Russia; exercising control over the fulfillment of the inspected object's definitions on eliminating the causes and conditions of violation of the provisions of the migration legislation of the Russian Federation; control over the implementation by the inspected object of the provisions of the migration legislation of the Russian Federation in case of receipt of information about the presence in its activities of violations of the provisions of the migration legislation of the Russian Federation; receipt by a subdivision of the FMS of Russia of information indicating the presence of signs of administrative offenses in the activities of legal entities and individual entrepreneurs and (or ) signs of violations of federal laws, other regulatory legal acts of the Russian Federation in the field of migration; receipt by a subdivision of the FMS of Russia and (or) the internal affairs body of the Russian Federation of information indicating possible violations of the legislation of the Russian Federation in the field of migration by foreign citizens; direct identification of the fact of implementation labor activity by a foreign citizen in violation of the provisions of the migration legislation of the Russian Federation. 22.1.2. An on-site check to monitor compliance with the provisions of the migration legislation of the Russian Federation by foreign citizens in places of residence (stay), as well as in places of actual employment, is carried out by employees of a subdivision of the FMS of Russia at the place of actual or established according to available information on migration registration of place of residence (stay) a foreign citizen on the territory of the Russian Federation, as well as the place of his actual employment. In the event of a violation of the provisions of the migration legislation of the Russian Federation, admitted by foreign citizens in the places of residence (stay) established at the address indicated in the order, upon revealing the fact of the employment by a foreign citizen in violation of the migration legislation of the Russian Federation, an inspection of a legal entity or an individual entrepreneur is assigned, or a customer of works (services) attracting foreign workers to the Russian Federation and using their labor. 22.2. When conducting a joint field inspection (planned or unscheduled) by a group of employees of a subdivision of the FMS of Russia system, which, in agreement with the interested federal executive authorities and their territorial bodies, as well as other state and local government bodies in accordance with the procedure established by the legislation of the Russian Federation include employees these bodies, the observance of the provisions of the migration legislation of the Russian Federation by the inspected object is checked. The joint field inspection is carried out in accordance with paragraphs 44 - 54 of the Administrative Regulations.

A documentary check is carried out if a subdivision of the FMS of Russia receives information about possible violations of the provisions of the migration legislation of the Russian Federation, as well as the presence in the available information of signs indicating an administrative offense.

An inspection is carried out on the basis of an order to conduct an inspection. An order to conduct a joint on-site scheduled or unscheduled inspection is issued if there is reason to believe that violations of the requirements of legislative and other regulatory legal acts of the Russian Federation, control and supervision over compliance with which is not within the competence of the FMS of Russia.

In the event that violations of legislative and other regulatory legal acts of the Russian Federation are revealed during the audit, control and supervision over compliance with which does not fall within the competence of the FMS of Russia, the materials received during the audit are sent to their affiliation no later than 10 working days from the moment such violations, and in case of detection of criminal offenses - immediately.

The organization of on-site inspections is entrusted to the head or deputy head of a subdivision of the FMS of Russia, whose employees, on the basis of an order, conduct an inspection. The sequence of actions when conducting an on-site inspection: visiting the address of the location (carrying out activities) of the inspected object; announcing an order to conduct an inspection; presenting an official ID; handing over a copy of the order to conduct an inspection to the legal representative of the inspected object; familiarizing representatives of the inspected object with their rights and obligations during inspections; inspection of the territory and establishment of the fact of the presence of foreign citizens on the territory of the inspected object, verification of their compliance with the provisions of the migration legislation of the Russian Federation, including the determination of the legality of their stay and the activities they carry out. An entry is made about the inspection of the territory in the final inspection report. During the examination, photo and video filming can be used. If an administrative offense is revealed during the inspection, in order to fix the evidence, an inspection protocol is drawn up in the prescribed manner. In the case of drawing up a protocol on an administrative offense, an appropriate entry is made in the inspection report: examination of documents, information and information obtained during the inspection and requested at the inspected facility; transmission of requests for provision additional information or information, for the preparation of which time is objectively required, in the manner prescribed by the Administrative Regulations; examination of documents provided upon request; comparison of the originals of the requested documents with their copies and signing of acts of acceptance and transfer of copies of documents to be attached to the verification materials; request (oral) from a representative of the inspected object and receiving oral explanations as necessary; as necessary, requests from officials of the inspected object, other organizations and state authorities for additional documents and information; fixing in the prescribed manner the revealed facts of violation of the migration legislation of the Russian Federation; completion of the inspection. ) copies of the order to conduct an inspection to the representative of the inspection object is made on the day of departure to the inspected object.

The credentials of the employees conducting the inspection are confirmed service certificates and an order to conduct an audit. At the beginning of an audit, the employee conducting an audit announces an order to conduct an audit and gives the representative of the subject of the audit a copy of the order to conduct an audit. On the original of the order for the inspection, which remains with the employee conducting the inspection, the representative of the inspected object puts down a mark on receipt of a copy with a signature and indicating his position (other confirmation of his status as a representative), last name, first name and patronymic, as well as the date of receipt of the copy. The original of the order signed by the representative of the inspected object is attached to the materials of the inspection. In case of the refusal of the representative of the inspected object to receive a copy of the order to conduct the inspection, a corresponding entry is made in the original order to conduct the inspection.

If an administrative offense is revealed in the actions of foreign citizens on the territory of the inspected object, the employees conducting the inspection shall immediately take the measures stipulated by the legislation of the Russian Federation.

During the inspection, the employees conducting the inspection have the right to demand documents that are mandatory in accordance with the lists established in the regulatory legal acts provided for in paragraph 8 of the Administrative Regulations.

The employee conducting the inspection acquaints the representative of the inspected object with the procedure for conducting the inspection and his rights and obligations. After handing over a copy of the order to conduct an inspection and familiarizing the representative of the inspected object with the procedure for conducting the inspection and his rights and obligations, the employees conducting the inspection begin to study, summarize and analyze the information obtained during the inspection of the territory at the address of the inspection, and compare it with the information obtained by studying and analyzing documents, information and information provided by a representative of the inspected object. In the future, the on-site inspection is carried out by sequential request and examination of documents, information and information at the inspected facility, in other organizations, government bodies and information available in the subdivisions of the FMS of Russia. The submitted copies of documents must be certified by the signature of a representative of a legal entity, an individual entrepreneur, the customer of the works (services) or the person authorized by them, submitting the information, and sealed. Original documents are provided only to employees of the verification team. The seizure of original documents or copies of documents, which were refused by the employees conducting the inspection, is permissible only if an administrative offense is revealed as an interim measure in the procedure provided for by the Code of Administrative Offenses of the Russian Federation. (their copies) cannot be provided within the time period set by him or are absent, the authorized person of the inspected object must, before the expiration of such a period, provide the employee conducting the inspection with a written reasoned explanation of the reasons for non-fulfillment of the requirement. The request is made in two copies: the first copy is handed (sent) to the representative of the inspected object with confirmation of its delivery (direction), the second is attached to the inspection materials. If, by the decision of the employee conducting the inspection, certified copies of documents are to be attached to the inspection materials, the employee and the representative of the inspected object sign an act of acceptance and transfer of documents. The act of acceptance and transfer of documents is prepared in two copies. The act of acceptance and transfer of documents indicates the list of documents transferred by the representative of the inspected object to a subdivision of the FMS of Russia and (or) the internal affairs body of the Russian Federation, and the date of receipt and transfer of documents.

The rights and obligations of the employees performing the inspection are determined by the legislation of the Russian Federation.

When conducting an inspection, the employees carrying out the inspection have the right to demand from persons located at the location of the inspected object, documents proving their identity and documents confirming the legality of their stay on the territory of the Russian Federation, as well as, if necessary, documents confirming the right to their labor activity. When conducting an inspection, the employees carrying out the inspection have the right to demand from the representative of the inspected object: documents about him state registration and other information established by the legislation of the Russian Federation; information on other legal and individuals carrying out activities at the inspected facility, and all the necessary information that allows you to determine in whose interests and on behalf of whom foreign citizens carry out labor activities at the inspected object, with the knowledge of whom they live (are) at this address; documents and information established by the legislation of the Russian Federation, confirming the proper implementation of the provisions of the migration legislation of the Russian Federation in relation to foreign citizens and foreign workers; other documents and information required for the purposes of verification.

That is, when conducting an inspection, FMS employees have the above rights, including inspection places of actual employment and requesting documents from the employer and employees.

However, the seizure of passports of foreign citizens is illegal.

Therefore, foreign workers have the right to appeal against the actions of the FMS in an administrative manner. In turn, the SP has the right to appeal against violations of the verification procedure in in administrative and judicial procedure.

WITH I can provide a service for drafting a complaint, as well as advise on appealing other illegal actions of FMS employees.

Best regards F. Tamara

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Foreign citizens, in accordance with the Federal Law "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation", have not only obligations, but also rights (Article 6 of the Federal Law), including to appeal the illegal actions of the FMS employees.

Such illegal actions include the seizure of the passport of a foreign citizen, since the illegal seizure by an official of a citizen's identity card (passport) entails the imposition of an administrative fine by virtue of Art. 19.17. Administrative Code of the Russian Federation (Code of Administrative Offenses of the Russian Federation).

According to Article 5 of the Federal Law "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation," actions of an FMS officer violating the rights of foreign citizens can be appealed to a higher authority, a higher official, or to a court.

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Clarification of the client

That is, the FMS officer did not have the right to withdraw the passports of foreign citizens without presenting the original of the order for the inspection to the OWNER or the authorized person? Or did he not have the right to conduct an inspection at all?

• Lawyer, Ryazan

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

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

For more convenient navigation through the section, you can use the navigation:

What is a patent for work in Russia?

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

In other words, a work patent for migrants is a document required by every foreign citizen who has arrived in Russia without a visa and who plans to legally carry out labor activities in the territory of the Russian Federation.

A migrant can work under a labor patent both in the state of a Legal entity and as an employee of an individual.

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

Labor patent 2017-2018 is needed by everyone 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 members of the customs union.

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

What does a patent give for a job?

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

Territory of a patent for work

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

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

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

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

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

The same situation with work in St. Petersburg and the Leningrad region. For legal work in St. Petersburg, a foreign citizen needs to 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 on a patent in a region that is not specified in his document, he will be fined up to 7 thousand rubles with possible expulsion from Russia and a ban on entering the country for a period of 3 to 10 years.

Indication of a profession in a work patent

Since 2016, a specialty is indicated in the labor patent for work for foreigners.

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 expulsion from the Russian Federation and a ban on entering Russia for a period of 3 to 10 years.

The term of the patent for the work of a foreign citizen

A work patent for 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 patent for a job: the procedure for renewing a patent for a job for foreign citizens

To do this, he needs to renew the patent on a monthly basis - to make an advance payment of personal income tax for work on the patent in a timely manner, 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 renew 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 the next period.

Thus, a foreign citizen can extend the patent for any period up to 12 months - for 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 patent for a work for a year is calculated simply: 12 months * the amount of advance payment of personal income tax.

Important! The amount of the advance payment for a patent depends on the region in which the foreign citizen will work under the patent. A detailed table with the amount of advance payments by region can be found on this page.

Accordingly, a foreign citizen can repeatedly renew a patent for a work for a period of not more than 12 months, since the total period of validity of a labor patent, taking into account renewals, is no more than 12 months from the date of issue.

Important! To extend the patent up to 12 months, it is very important to make an advance payment in a timely manner, in case of non-payment or delay of the advance payment for a patent for a work, even for 1 day, the labor patent will be automatically canceled and become invalid.

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

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

If a foreign citizen's patent expires (the first year of work under a labor patent), he can obtain a new patent for a job without leaving Russia.

For more information on how to renew a patent for a job after 12 months without leaving Russia, see this article: How to renew a patent for a job for the next year.

How to verify the authenticity of a patent for a work?

You can check the validity of the patent for the work and its authenticity online on the official portal of the Main Directorate of the Ministry of Internal Affairs at the link.

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

To receive an official, legally significant answer, you must make an 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 grants a patent for a work and where to get a patent for a work?

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

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

Important! Even when applying for a patent for a work through an intermediary, remember that a patent for a work is state. authorities issued personally to you. Nobody except you can get it! And you can always check the validity of your patent.

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

In order to obtain a patent for work in Russia, a foreign citizen must submit to the Migration Department of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation (formerly the Federal Migration Service) the necessary package of 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 of migration legislation when entering the Russian Federation.

For your convenience, we will try to outline the entire procedure step by step until the receipt of 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, you are entering the Russian Federation with your passport.

After that, a foreign citizen must carefully monitor the timely payment of a patent for a work and make an advance payment (personal income tax) on it in time, since in case of a delay in payment even for 1 day, the patent will be automatically canceled.

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

Documents for a patent for work

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

• Application for a patent to a foreign citizen (download the form);
• International passport;
• Notarized translation of the passport;
• Migration card (for the purpose of entry - work);
• VHI policy (insurance);
• Medical certificates confirming the absence of diseases, issued after passing the medical examination for a patent;
• Test results in the Russian language, history and fundamentals of Russian legislation;
• Migration registration documents;
• A check for payment of personal income tax for a patent;
• Photo 3x4;
• A document confirming the payment of a fine (if the foreigner is late in providing required documents for a patent for a work).

Patent for work: processing time

A period of 30 days from the date of entry of the migrant into the Russian Federation is set aside for registration of a migration patent for work, for which a foreign citizen must pass a medical examination, pass testing and collect the necessary package of documents for obtaining 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 filing a package of documents for a patent for work in the state. bodies from them comes the answer. And the foreign citizen is issued a patent for the work or a notice of refusal.

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

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

Every labor migrant needs to undergo a medical examination to obtain a patent, since a medical certificate for obtaining a patent is issued only after passing an examination, and without it you will not be able to file a package of documents for a patent, since it will not be complete.

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

What does the medical board consist of and what does it check to obtain a patent?

Medical examination for a patent for work for foreign citizens consists in passing tests by migrants to identify diseases that are dangerous to others and examination by doctors: therapist, phthisiatrician, dermatovenerologist, psychiatrist-narcologist.

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

You will also need to do a fluorographic examination of the chest.

If the medical commission for a patent reveals infectious diseases in a foreign citizen that pose a danger to others, then the foreigner, of course, will receive a refusal to issue a patent for the work, since these data will be indicated in the medical certificate required for a patent for the work that the foreigner submits to as part of a package of documents in the GUVM of the Ministry of Internal Affairs.

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

• Medical certificate of a foreign citizen;
• Certificate of absence of HIV infection.

Patent Exam: Testing to Obtain a Patent for a Job

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

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

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

• Vocabulary. Grammar (25 tasks, which take 15 minutes);
• Reading (10 assignments, which take 15 minutes);
• Listening (10 tasks, 15 minutes long);
• Letter (1 task, which takes 15 minutes);
• Speaking (10 minutes allotted).

2. The examination for a patent on the History of Russia consists of 1 test with 10 questions.

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

15 minutes are allotted for the test exam for a patent on the History of Russia. 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 Russian language block and correctly answers at least 5 questions out of 10 in the Russian History testing block and gives at least 5 correct answers out of 10 in the block of testing on the basics of the legislation of the Russian Federation.

Patent exam and examples: patent test questions for migrants

Below you can see examples of testing questions for a work patent that migrants go through.

Block Russian: examples of test questions for migrants in the Russian language

• Testing for migrants in the Russian language. Vocabulary. Grammar (25 tasks);
• Testing for migrants in the Russian language. Reading (10 tasks);
• Testing for migrants in the Russian language. Letter (1 task);
• Testing for migrants in the Russian language. Speaking.

Documents for passing the exam for migrants for a patent

To pass the patent test, a foreign citizen will need the following documents:

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

Punishment for working without a patent

Responsibility for work without a patent rests with both the foreign worker and the employer who employs a foreign citizen without a work patent.
Next, we take a closer look at the responsibility for operating without a labor patent and the penalties for doing so on both sides.

Responsibility of a foreign citizen for work without a patent

According to Article 18.10. Administrative Code for work without a patent, as well as for work outside the constituent entity 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 expulsion from the Russian Federation.

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

Penalty to an employer for work without a patent

If the fact of employment by a foreign citizen without a valid work patent is established, the employer will receive a fine from the Federal Migration Service for the work of a migrant without a patent.

That is, if a foreign citizen does not have a valid document, he has no right to work in Russia, which means that the employer has no right to hire him.

Otherwise, the employer receives a fine:

• For an official - a fine of 35,000 - 70,000 rubles;
• On 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 run out, what should an employer do?

If a foreign citizen has expired a work patent, the employer must terminate labor contract and send a notice of the dismissal of a foreign employee to the Main Directorate of Internal Affairs of the Ministry of Internal Affairs.

When a foreign citizen receives a new patent, the employer re-concludes an employment contract with him and again submits a notice of employment of a foreign citizen to the FMS.

Patent for work: forms and samples

What a patent for work in the Russian Federation looks like: a patent for a work - sample of 2017

In 2017, the new work patents are as follows:

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

Work patent application

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

You can download the patent application form for a foreign citizen by following the link.

Employment patent extension application from employer

An application for renewal of a patent for a work of a foreign citizen is as follows:

You can download the application for renewal of the patent for the work by following the link.

Patent work: questions and answers

In this section, we have tried to provide answers to the most FAQ about a patent for work for foreign citizens.

If you did not find the answer to your question, please leave it in the comments.

• 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 on the territory of the Russian Federation.
Otherwise, these are completely different documents.

The issuance of a patent for work is carried out only to foreign citizens who are on the territory of the Russian Federation in a visa-free manner. That is, only visa-free foreign citizens can obtain a patent for work and work on it in Russia.

Visa foreigners to work in Russia must obtain a work permit.

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

Every foreigner who comes to Russia to work in a visa-free manner needs to obtain a patent for a job, including a patent for a job is needed for citizens of the CIS, in particular for citizens of Abkhazia, Azerbaijan, Moldova, Tajikistan, Uzbekistan, Ukraine.

The exceptions are citizens of the member countries of the Customs Union, these foreign citizens do not need to apply for a patent for work in order to work in Russia.

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

• Do citizens of Belarus need a patent for work?

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

• Does an Armenian citizen need a patent for a job?

Citizens of Armenia do not need a patent for work, since Armenia is a member of the customs union and according to the existing agreements, citizens of Armenia do not need a patent for work for legal work in Russia.

• Do Kyrgyz need a patent for a job?

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

• Do Ukrainians need a patent for work?

Yes, Ukrainian citizens need a patent to work in Russia to carry out legal labor activities.

• Do Tajiks need a patent for a job?

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

• Do citizens of Moldova need a patent for work?

Yes, for legal employment in Russia, a citizen of Moldova needs to obtain a patent for a job.

• Do you have an experience while working on a patent?

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

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

No! You cannot buy a patent for a work!

This migration document is officially issued government bodies and their representatives and the issuance of patents to foreign citizens is carried out personally in the hands of a foreign citizen.

Therefore, even if you need help in obtaining a patent for a work and you apply to legal company 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 of the Ministry of Internal Affairs) only when a patent for work by a migrant is officially issued.

Important! If you are offered to buy a ready-made patent for a job without undergoing testing and a medical commission for a patent, then you can be sure that they are trying to deceive you, since a migrant will not be issued a patent without it.

• Can a patent work be renewed after 12 months?

Renewing a patent for a job after a year is not quite the correct definition.

This concept means the replacement of a patent for 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 being reissued: a foreign citizen receives a new migration patent for work without leaving the territory of the Russian Federation. In this case, the document number remains the same as in the old patent. The region of action and profession also remain unchanged.

Important! A foreign citizen must take care of extending the 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 extension and obtain a new patent without leaving the country.

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

• Lost a patent for a job - what to do?

A detailed answer to the question of what to do and how to recover a lost patent can be found 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 under a work patent.

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

The exceptions are citizens of the member countries of the customs union.

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

If the article on a patent for work for foreign citizens turned out to be useful, please put +1 or save to your bookmarks the step-by-step instructions on how to apply for a patent for work in the Russian Federation.