Patent to work in the Moscow region for foreign citizens in 2022

What is a patent?

A patent is understood as a document that allows a foreign citizen from a visa-free country, upon entering the Russian Federation, to gain the opportunity to work legally without problems.

If a foreign citizen has a patent, he can get any job with the chosen entrepreneur, regardless of the form of business and field of activity.

Within the framework of the received patent, a foreigner can carry out the following activities:

• entity;
• IP;
• private notary;
• advocate;
• other types.

How to obtain a work patent for foreign citizens in the Moscow region in 2022?

There are always quite a large number of foreign citizens on the territory of the Russian Federation.
Some of them are located on the territory of the state for tourism purposes, and some of them are going to engage in labor activities. The Russian Federation has special legislation regarding the employment of foreign citizens; they are required to obtain the appropriate patent. In this material, we will look at what an employment patent is, what categories of citizens can receive this document, and what is needed to obtain a patent. This procedure is relatively simple, but it is important to comply with all requirements in order to be guaranteed to receive the document.

For whom is it needed and for whom is it not?

The conditions for obtaining a patent are specified in Art. 13 Federal Law No. 115 “On the legal status of foreign citizens.” These include:

• age of majority;
• legality of border crossing;
• legality of stay in the Russian Federation.

Citizens from different countries have different conditions for obtaining a patent, as reflected in the table below.

Important! The patent must contain information about the line of activity (profession) in which the foreign citizen must perform labor functions. Conducting other types of professional activities is prohibited.

Territory of coverage

A patent has a territory limitation. A foreigner is allowed to work under this patent in any company, but strictly in the specified region.

Example. A foreign citizen arrived in the Moscow region. A patent was received for conducting labor and professional activities in this particular area. However, he cannot work in Moscow, since the law provides for obtaining a patent separately for these two regions.

Important! A foreigner has the opportunity to obtain two patents at the same time and work in different regions. The law does not prohibit this. One patent gives you the opportunity to work in Moscow. Another patent covers the entire region.

How to obtain a patent in the Moscow region?

Important! Patent registration for MO is carried out through the Unified Migration Center (UMC).

The procedure for the initial application to the UMC is to provide the necessary documents:

• foreigner's passport;
• migration card (it must indicate the purpose of the visit: work). The card form was approved by the Government of the Russian Federation dated August 16, 2004 No. 413;
• notification of registration;
• copy of the TIN, if available in the Russian Federation.

The range of EMC services is as follows:

• preparation of documents, transfer to authorities, obtaining a patent;
• obtaining a VHI policy;
• conducting tests on knowledge of language, historical and legislative foundations;
• certified translation of the passport;
• medical examination;
• making an advance on personal income tax for the first month (for the Moscow region the amount is 4,000 rubles).

Important! The above services are paid.

The procedure for obtaining is as follows:

• obtain a passport in your country;
• when entering the Russian Federation, apply for a migration card;
• on the day of entry into the Russian Federation, issue a VHI policy from any insurance company with a coverage amount of at least 100,000 rubles;
• within 7 days register with the migration authorities at the address of your stay;
• within 30 days, collect and submit documents for a patent.

Other foreign citizens should know how to go through the entire procedure for obtaining a patent:

1. First you need to prepare a migration card. It is issued at the entrance to the border. The purpose of the visit is designated as work. This is important for those people who plan to stay and work in the Russian Federation. No further changes can be made to it.
2. After arrival, you need to register during the working week. The report will begin from the moment the person crosses the border. Registration is carried out by the owner of the property being rented or by a legal entity. The completed form is then submitted to the Ministry of Internal Affairs. When all registration procedures have been completed, the person receives a receipt notification of arrival.
3. Collection of patent documents.
4. Submission of collected documents for a patent. The service is provided by the Main Department of Migration Affairs of the Ministry of Internal Affairs. You must submit the entire package of documents one month in advance. If a person is late, then penalties are imposed on him (10-15 thousand rubles). When the fine is paid, you can try to submit documents again.
5. In 10 working days the patent will be ready. Sometimes the period is extended to 20 days. A patent obtained for the first time is paid for in different ways. You can make an advance payment, and then pay the amount in installments every month. You can also pay at one time.
6. After receiving a patent, you must immediately get a job, since only 60 days are given for this. When applying for a job, they sign a contract. A copy of it must be sent to the UVM department.

Medical examination in the Moscow region

This process is aimed at confirming the absence of infectious diseases and drug addiction. This procedure can be completed in the following organizations:

• EMC;
• Domodedovo Central City Hospital;
• Krasnogorsk City Hospital No. 3;
• Podolsk city clinic No. 1;
• Center for Hygiene and Epidemiology in the Moscow Region;

Among the diseases for which a foreigner will not be able to obtain a patent are:

• tuberculosis;
• leprosy (Hansen's disease);
• syphilis;
• HIV.

How to simplify the collection of documents for registration of a patent in the Moscow region

How much does a patent cost in the Moscow region?

It is problematic to take into account the entire list of documents required to obtain a patent for work in the Moscow region. There is a risk of filling out the application incorrectly and providing an incomplete list. Therefore, it is better to do the design together with professionals. We are ready to provide you with assistance in sorting out papers to contact the authorized body. Our specialists will prepare a list, fill out an application for you, and we can also contact the authorized body. As a result, you will not encounter any difficulties and will receive a patent much faster.

Conducting exams and testing in the Moscow region

At the EMC, a foreigner must pass testing in three areas: Russian language, historical and legislative foundations.

The exam is conducted on a computer; during the passage you need to answer questions consisting of seven blocks:

• oral speech;
• reading;
• grammar;
• letter;
• Russian history;
• legislation of the Russian Federation.

The results of successful testing are as follows:

• 60% task in Russian language;
• 50% of assignments are on history and legislation.

Important! If a foreigner studied at higher or secondary educational institutions in Russia, then there is no need to take the exam.

Cost and terms of receipt in the Moscow region

A patent can be obtained by a foreigner for a period of one month to one year. 12 months is the maximum period allowed. Payment is made in two stages:

• when submitting an application (personal income tax payment for one month);
• monthly payments without delays. It is possible to pay 12 months in advance in advance;

The cost of a patent varies in different regions, but it should be noted that the value of the indicator is influenced by the following parameters:

• the single base rate in 2022 is 1,200 rubles;
• personal income tax coefficient;
• regional coefficient.

For the Moscow region, the cost of a patent will be 4,750 rubles, which is justified by the Law of the Moscow Region dated November 29, 2017 No. 199/2017/OZ.

Example. You can calculate the amount of a patent for MO as follows:

1200 * 2.28938 * 1.729 = 4750 rubles.

Important! If the personal income tax payment is late, the patent is invalid and canceled the very next day. Therefore, meeting tax payment deadlines is very important.

Where to register in the Moscow region?

In order to obtain a patent, a foreign citizen is given a period of 1 month from the date of entry into the Russian Federation. The time for issuing (or refusing to issue) a patent is 10 days.

In order to obtain a patent from the Moscow Region, you need to find the address of the migration center, which will depend on the specific city located in the region. There are help centers.

Consultations on the procedure for obtaining a patent can be carried out online on the portal of the Federal Migration Service of Russia or by calling the hotline.

A sample patent is presented in the appendix to the article.

What is a labor patent

Before considering the specifics of obtaining a patent, you should understand what kind of document it is. A labor patent for foreign citizens is a specialized document within which the right to conduct labor activities in Russia is fixed.

Please note that this document is valid only for citizens who have the right to visit the state without a visa. That is, those citizens who receive a visa to visit Russia cannot take advantage of this employment option.

Consequently, this document is needed by every foreign citizen who arrived on the territory of the Russian Federation under a visa-free regime to carry out work activities. After receiving this document, a foreign citizen can work both in organizations and with individuals.

FAQ

Question No. 1. What is the responsibility of a foreign citizen for the lack of a patent?

Answer: According to Art. 18.10 of the Administrative Code, a foreigner is subject to an administrative fine in the amount of 2,000 to 7,000 rubles, and deportation from the country is possible.

Important! The employer will receive a fine for using the labor of an illegal employee in the amount of: an official - up to 70,000 rubles, a legal entity - up to 1,000,000 rubles.

Question No. 2. What is the difference and similarity between a work permit and a patent?

Answer: The similarity is that both documents enable a foreigner to carry out professional work within the region of the Russian Federation. The difference is that for citizens arriving from visa-free countries, they need to apply for a patent, and for those who come to Russia on a visa, they need to obtain a work permit. The procedures for processing documents are different.

Question No. 3. How to pay for a patent? You need to pay every month, which is a more common case in practice. Please note that payments made through a bank may not be processed immediately. Therefore, you must pay a few days before the due date to avoid delays. You can create a receipt yourself on the website of the tax office or the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs. Possible payment in one payment at once for the entire year.

Question No. 4. What to do if your patent application is refused?

Answer: a citizen has the right to resubmit the collected documents for registration of a patent, but only after one year from the date of refusal. If a document is lost or damaged, you can contact the appropriate authority to issue a duplicate.

The following will present a step-by-step algorithm for obtaining a patent for a work:

1. A foreign citizen crosses the border of the Russian Federation under the visa-free entry regime using a foreign passport. When crossing the border, you must receive a migration card, which requires you to indicate that the purpose of visiting the state is to carry out work activities.
2. Immediately after entering Russia, you need to obtain insurance, as well as migration registration at your place of residence or place of work. The second is possible only if the citizen already has a place of work. For citizens of Tajikistan, the deadline for completing migration registration has been extended: they can apply within 15 days.
3. After completing all preliminary procedures, the citizen has 30 days to officially get a job and provide documents confirming the fact of employment.

Most common mistakes

Mistake No. 1. It is a mistake to assume that when working under a patent, a foreigner does not have work experience. The calculation of seniority occurs in accordance with the general procedure.

Mistake #2 . Foreign citizens believe that after a year the patent needs to be renewed. No, you need to obtain a patent again, but without leaving the Russian Federation. Obtaining a patent in a year must begin in advance before its expiration date. Preferably several weeks in advance.

Thus, the work of a foreign citizen who arrived in the Moscow region for the purpose of conducting professional activities must be officially registered in the form of a procedure for obtaining a patent. Violations of the law are punished strictly. If you make timely payments and work within the established region and according to the professional activity specified in the patent, then the foreigner will not have problems with work.