Penalty for the lack of a patent for a foreigner. We have foreign citizens to work with registration, but without a patent for work

Any foreign citizen who arrived in the Russian Federation for the purpose of employment should carry out its activities on the basis of permits issued in accordance with applicable law. For foreigners who arrived in the territory of the Russian Federation in the order requiring a visa, it is necessary to obtain a work permit for employment. For citizens of countries with visa-free regime Requires a patent. These requirements are dictated by Federal Law No. 115 "On legal position foreign citizens in Russian Federation" In case of violation of the rules for working work, legislation provides for responsibility, which is assigned not only to the migrant, but also on the employer.

The Code of the Russian Federation on administrative offenses provides a penalty for illegal involvement of a foreign citizen without a patent or without permission to work in the amount of from 2 to 5 thousand rubles. At the same time, a legal entity involved in the work of a citizen may be punished with a fine of 250 to 800 thousand rubles, and the responsible official is a fine of 25 to 50 thousand rubles.

Separately stipulates the possibility of imposing fines for attracting labor activities in the Russian Federation of a foreign citizen or stateless person without obtaining permission to attract and use foreign workers in the prescribed manner, if such permission is required, at the same time, the dimensions of fines are preserved.

The Code provides for a punishment for a foreign citizen if it works without permission to work or a patent, as well as, in the event of an activity that does not apply to the profession specified in permits, in the form of an administrative imposition of 2 to 5 thousand rubles with administrative Exhaust outside the Russian Federation or without that. In the cities of federal significance Moscow and St. Petersburg, the penalty increases from 5 to 7 thousand rubles. Additionally stipulates possible responsibility for non-compliance with the deadline for making changes to the information contained in permission to work or patent, or the imanimation of a foreign citizen or a stateless person for making these changes - the imposition of an administrative fine in the amount of from four thousand to five thousand rubles.

For visa-free foreign citizens, there is additional responsibility for violation of the term of appeal for the issuance of 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.

In the event that the employer without having received a special permission to attract foreigners accepted a foreign citizen to work, it may be imposed a penalty for attracting and using foreign work force In the amount of from 35,000 to 70,000 rubles for an official, a penalty 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 on an individual will be from 5,000 to 7,000 rubles.

If the employer did not notify or violated the deadlines for the notification of the executive body in the field of migration on the fact of the conclusion of an employment contract with a foreign citizen or termination of the contract and dismissing a foreigner from work, it will be imposed a fine to the employer for a migrant in the amount of from 5,000 to 7,000 rubles for physical. The person, from 35,000 - 70,000 rubles for an official and a penalty for the dismissal of the dismissal or hiring of a foreign worker to the JUR - from 400,000 to 1,000,000 rubles.

Thus, it is necessary to seriously approach the issue of working out the work of foreign citizens. Proper design will avoid risks both by the employer and from a foreign worker.

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Lawyer, saint Petersburg

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Good day.

Specify, and an individual is an individual IP, or have you just hired these persons for yourself as a citizen?

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I hired for these people. But I am a trustee of the owner. Which, in turn, is also a private person.

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Have a nice day!

The procedure for conducting FMS inspections is established by the administrative regulations of the FMS, UTV. Order of the Ministry of Internal Affairs of the Russian Federation No. 338, FMS of the Russian Federation N 97 of 30.04.2009.

According to paragraph 37 of the Regulations sequence of actions when conducting a departure check:
- departure at the address of finding (carrying out activities) of the object being checked;
- declaration on checking;
- presentation of office certificate;
- presentation of a copy of the order on conducting a verification to the legal representative of the object being checked;
- familiarization of representatives of the verified object with their rights and obligations during verification;
- Inspection of the territory and establishing the fact of finding foreign citizens in the territory of the object being checked, checking the observance of the provisions of the migration legislation of the Russian Federation, including the determination of the legality of their stay and their activities
... etc.

As you can see an employee of the FMS was obliged to hand a copy of the audit order.

They check themselves or involving employees of the Ministry of Internal Affairs.

Recruitment In Russian federation foreign citizen or stateless persons with absence these foreign citizen or face without citizenship of work permit or patentIf such permits or patent are required in accordance with federal law, entails responsibility under Art. 18.15. Administrative Code: The imposition of an administrative fine on citizens in the amount of from two thousand to five thousand rubles, on officials - from twenty-five thousand to fifty thousand rubles.

Persons engaged in entrepreneurial activities without the formation of a legal entity committed administrative offenses are administrative responsibility as officials if the code has not been established otherwise.

And besides, there are still p. 2 and paragraph 3 of this article that can also hang on you.

Remember that in case of illegal involvement of two or more foreign citizens in the Russian Federation in the Russian Federation and (or) stateless persons administrative responsibility, article 18.15 set, comesfor violation of the rules for bringing to work in the Russian Federation of foreign citizens and individuals without citizenship (including foreign workers) in relation to each foreign citizen or stateless persons separately.

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Article 18.15 of the Administrative Code of the Russian Federation also shows the fines of officials. Is I not in this case? All the same other amounts

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Article 12 of the Federal Law of the Russian Federation of July 25, 2002, N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation" established the concept of a foreign citizen, under which the work of a foreign citizen in the Russian Federation is understood on the basis of an employment contract or civil-legal contract on the performance of work (provision of services), and in accordance with paragraph 4 of Art. 13 of this Law, a foreign citizen has the right to carry out work in the presence of a work permit.

Responsibility for the fact that you have attracted to work in.generation provided by Art. 18.15 Administrative Code, in particular, there is a fine of 2 to 5 thousand rubles, and for each foreign citizen.

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Druzhkin Maxim

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Officer of the UFMS authority this species Supervision, must comply with the procedure for its holding, and at the beginning of the audit, is obliged to make an order to conduct an audit with the presentation of his copies to be checked. However, violation of the administrative procedure according to the resolution of the captivity of the Russian Armed Forces of the Russian Federation is not a significant violation that does not allow to attract the person who committed adm. An offense to ADM. responsibility. For the specified offense, ADM is covered. Disclosure under Article 18.15 of the Code of Administrative Code - an administrative penalty for citizens in the amount of two thousand to five thousand rubles.

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In accordance with paragraph 1, paragraph 2. p.4.5 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 work skills, choose a deal of activity and profession, as well as the right to free use of their abilities and property for the entrepreneurial and other non-prohibited economic activity, taking into account the restrictions provided for by the Federal Law.

An employer in accordance with this Federal Law is a physical or legal person who has received permission to attract and use foreign workers and the use of foreign workers on the basis of labor contracts with them. As an employer, an foreign citizen registered as an individual entrepreneur may appear as an employer.

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 not requiring a visa; 2) are highly qualified specialists and are attracted to work activities in the Russian Federation in accordance with AP3.2 of this Federal Law.

The employer and customer of work (services) have the right to attract and use foreign workers in the presence of permission to attract and use foreign workers, and a foreign citizen has the right to carry out work in the presence of a work permit. The specified procedure does not apply to foreign citizens: 1) constantly or temporarily living in the Russian Federation; 2) Participants State program To promote voluntary relocation to the Russian Federation of compatriots living abroad, and members of their families, moving together with them to the Russian Federation; 3) who are employees of diplomatic missions, employees of consular agencies of foreign countries in the Russian Federation, employees international organizations, as well as private household workers of these persons; 4) who are employees of foreign legal entities (manufacturers or suppliers) performing assembly (packaged) works, service and warranty service, as well as post-warranty repair 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) students in the Russian Federation in educational institutions of vocational education and working in their free time as educational and auxiliary personnel in those

That is, the employer has the right to attract foreign citizens to a job without receiving a special permit if employees arrived in the Russian Federation in a manner not requiring a visa or are highly qualified specialists.

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

By virtue of Art. 18.10 Code of Code of the Russian Federation Exercise by a foreign citizen or a person without citizenship of labor activities in the Russian Federation without permission to work or a patent, if such permission or patent is required in accordance with the federal law, the imposition of an administrative fine in the amount of from two thousand to five thousand rubles With administrative expulsion outside the Russian Federation or without such.

That is, a foreign citizen can be attracted to administrative responsibility for violating the above requirements of legislation.

The procedure for conducting the inspections of employers from apprehensively Administrative regulations According to the state function of control and supervision of compliance with the provisions of the migration legislation of the Russian Federation by foreign citizens and stateless persons and in compliance with the rules of attracting by employers, customers of the work (services) of foreign workers in the Russian Federation and the use of their labor "(

According to paragraph 15 18, paragraph 2-26, paragraph 37 of the Regulations, the exit verification is carried out within 7 days. The verification period, including those conducted with the participation of employees of the internal affairs bodies of the Russian Federation, can be extended by the official official of the FMS of Russia for 7 days. The participation of employees of the internal affairs bodies of the Russian Federation in the on-site inspection when extending it is agreed with the head of the relevant internal affairs authority of the Russian Federation in the manner prescribed by paragraphs 50 - 53 of the administrative regulation.

The maximum test date (taking into account possible extension) is 14 days.

Documentary check is carried out on time to one month. The deadline for documentary inspection can be extended by a certificate of verification by the official of the FMS of Russia for one month.

The verification is considered to be launched from the date of the publication of its decree, unless otherwise noted.

Check may be completed earlier than the period established at its disposal.

The official of the FMS of the Federal Tax Service of the Russian FMS of Russia may extend the verification period in the case of:

the need to study a significant amount of information verifiable;

failure to submit a verifiable legal entity, an individual entrepreneur, a customer of works (services) and / or other organizations of documents within the prescribed period;

the need for a request and study of additional documents and materials.

Types of checks: 22.1. A visiting inspection by compliance with the provisions of the Migration legislation of the Russian Federation by foreign citizens, located at the end of the field check during its implementation, with respect to the object being checked, a group of employees of the FMS system of the FMS of Russia at the place of finding an object of verification and (or) conducting activities. 22.1.1. The basis for conducting a planned or unscheduled field check is: availability of information about the verified object in terms of conducting inspections formed for the relevant period provided for by the established procedure for planning the activities of the FMS of the Russian FMS; implementation of control over the execution of the verified object of definitions to eliminate the causes and conditions of violation of the provisions of the migration legislation of the Russian Federation; The implementation of the control over the execution by the subject of the provisions of the Migration Legislation of the Russian Federation in the event of information on the availability of violations of the provisions of the Migration Legislation of the Russian Federation in its activities; obtaining a division of the FMS system 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; obtaining a division of the FMS of Russia and (or) the body of the Internal Affairs of the Russian Federation of information indicating the possible facts of violation by foreign citizens of the legislation of the Russian Federation in the field of migration; directly identifying the fact Labor activity by a foreign citizen with violation of the provisions of the migration legislation of the Russian Federation. 22.1.2. Exit checks on the monitoring of the provisions of the Migration legislation of the Russian Federation by foreign citizens in the place of residence (stay), as well as in places of factual work activities are carried out by employees of the division of the FMS System of Russia at the place of the actual or established on the available information on the migration and place of residence (stay) A foreign citizen on the territory of the Russian Federation, as well as the place of actual work of labor activities. In the event of a violation of the provisions of the migration legislation of the Russian Federation, admitted by foreign citizens in the place of residence (stay), established at the address specified at the disposal, in the identification of the work of labor activities by a foreign citizen with a violation of the migration legislation of the Russian Federation, a verification of a legal entity or an individual entrepreneur is appointed, either the customer of work (services) attracting foreign workers to the Russian Federation and using their work. 22.2. When conducting a joint visiting audit (planned or unscheduled) group of employees of the FMS of the FMS of Russia, which, in coordination with interested federal executive bodies and their territorial bodies, as well as other bodies and local governments in accordance with the legislation of the Russian Federation, employees are included These bodies, compliance with the provisions of the migration legislation of the Russian Federation to the object being checked. Sightseed exit verification is carried out in accordance with paragraphs 44 - 54 of the administrative regulation.

Documentary verification is carried out in the case of obtaining a division of the FMS system of Russia information on possible violations of the provisions of the migration legislation of the Russian Federation, as well as the availability of signs indicating an administrative offense.

Verification is carried out on the basis of an order to conduct an inspection. Exacting to carry out a joint field planning or unscheduled inspection It is published if there is reason to believe that in the process of conducting the inspection, violations of the requirements of legislative, other regulatory legal acts of the Russian Federation, control and supervision of the observance of which are not included in the competence of the FMS of Russia.

In the event of a detection of violations of legislative, other regulatory legal acts of the Russian Federation, control and supervision of compliance with which does not relate to the competence of the FMS of Russia, the materials obtained during the inspection are sent for belonging on time no later than 10 working days from the date of identifying such violations, and in case of detection of criminal proceedings, immediately.

The organization of field checks is imposed on the head or deputy head of the division of the FMS of Russia, whose employees on the basis of the order are inspected. Sequence of actions when conducting a viscation: Departure at the address of finding (carrying out activities) of the object being checked; declaration of an order to conduct an inspection; presentation of a service certificate; awarding a copy of the order to conduct a legal representative of the object being checked; familiarization of representatives of the object being checked with their rights and obligations during Checks; inspection of the territory and establishing the fact of finding foreign citizens in the territory of the object being checked, checking the observance of the provisions of the migration legislation of the Russian Federation, including the determination of the legality of their stay and their activities. An inspection of the territory is recorded in the final act of verification. When inspection, photo and video photography can be used. In the event of an administrative offense during the inspection, the inspection protocol is drawn up in the implementation of evidence. In the case of a protocol on an administrative offense, an appropriate entry is made in the verification act: the study of documents, information and information obtained during the inspection and subsequent objects in the verified object; transmission of requests for granting for more information or information, for the preparation of which objectively, the time is necessary, in the manner prescribed by the administrative regulations; study of the documents provided at requests; comparison of the original documents with their copies and the signing of acts of acceptance and transfer of documents to be attached to the inspection materials; request (oral) Representative of the object being checked and obtaining oral explanations as necessary; As it is necessary, requests from officials of the object being checked, other organizations and government bodies of additional documents and information; fixation in the prescribed manner of identified facts of violation of the migration legislation of the Russian Federation; completion of the inspection. ) Copies of the verification of the verification of the verification object is made on the day of departure to the object being checked.

The powers of employees conducted by the inspection are confirmed by official certificates and an order to conduct a check. In the beginning of the audit, an inspection officer announces an order for conducting an audit and presents a copy of the verification facility a copy of the audit order. At the original order on conducting an inspection remaining from an employee conducting an inspection, a representative of the object being checked is the mark on receiving a copy with the signature and indicating its position (other confirmation of the representative status), the names, name and patronymic status, as well as the date of receipt of the copy. The original order signed by the representative of the test object is attached to the inspection materials. In case of reference of the representative of the object being checked from receiving a copy of the inspection, an appropriate entry is made in the original decree.

In case of identifying in the actions of foreign citizens located on the territory of the object being checked, an administrative offense, employees who are conducted by the verification are immediately taken by the measures envisaged by the legislation of the Russian Federation.

In the course of the inspection, employees conducted by checking are entitled to request documents obligatory for the presence in accordance with the Lists established in the regulatory legal acts provided for by paragraph 8 of the Administrative Regulation.

An employee who conducts an inspection introduces a representative of the object being checked with the procedure for conducting verification and its rights and obligations. After presenting a copy of the order for conducting the verification and familiarization of the representative of the verified object with the procedure for conducting the audit and its rights and obligations, employees conducting the audit proceed to the study, generalization and analysis of information obtained during the inspection of the territory at the address of the audit, and comparing it with information obtained by studying and analyzing documents, information and information provided by the representative of the object being checked. In the future, the field check is carried out by consistently requesting and studying documents, information and information on the verified facility, in other organizations, government bodies and information available in the divisions of the FMS system of Russia. The copies of the documents must be certified by the signature of the representative of a legal entity, an individual entrepreneur, Customer works (services) or authorized by them of the person representing information, and fasten the seal. Originals of documents are provided only by the employees of the audit group. Establishment by employees conducted by testing, originals of documents or copies of documents, in the provision of which was denied, permissible only in the case of the detection of an administrative offense as a security measures in the procedure provided for by the Code of Administrative Offenses. In case, at the request of an employee conducting an inspection, documents (their copies) cannot be provided to the period established by it or absent, the authorized person of the object being checked must provide an employee who conducts an inspection, a written motivated explanation about the reasons for the non-fulfillment of the requirements. Requirements on the provision of documents is issued by a written request. The request is made in two copies: the first instance is awarded (sent) to a representative of the verified object with confirmation of its presentation (direction), the second is attached to the verification materials. If, by solving an employee conducting an inspection, certified copies of documents are subject to attachment to the verification materials, an employee and representative of the object being checked, a certificate of acceptance of documents is signed. The act of receiving documents is prepared in two copies. The act of acceptance and transmission documents indicates a list of documents transmitted by the representative of the object being checked into the division of the FMS of Russia and (or) the internal affairs body of the Russian Federation and the date of receiving documents.

The rights and obligations of employees carrying out verification are determined by the legislation of the Russian Federation.

When conducting an inspection, employees engaged in the authorities have the right to demand those who are located at the location of the object being checked, the documents certifying their identity and documents confirming the legality of their stay in the Russian Federation, as well as, if necessary, documents confirming the right to Implementation of work activities. When checking, employees carrying out checks have the right to demand from the representative of the object being checked: Documents on its state registration and other information established by the legislation of the Russian Federation; information about other legal and individualsoperating on the verifiable facility and all the necessary information allowing to determine in whose interests and on behalf of whom the object of verification is carried out by foreign citizens by foreign citizens, with the knowledge of whom they live (are located) at this address; documents and information established by the legislation of the Russian Federation confirming the proper execution of the provisions of the migration legislation of the Russian Federation in relation to foreign citizens and foreign workers; other documents and information necessary for the purpose of verification.

That is, when conducting an inspection, FMS employees have the above rights, including inspection actual work activities And the recovery of documents from the employer and workers.

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

Therefore, foreign workers have the right to appeal the actions of the UFMS administratively. In turn, the IP has the right to appeal against the violation of the test procedure in in administrative I.trial.

FROMi can provide a complaint service, as well as advise on appealing other illegal actions of FMS employees.

Sincerely, F. Tamara

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Foreign citizens according to the Federal Law "On the Migration Accounting of Foreign Citizens and States without citizenship in the Russian Federation" have not only obligations, but also the rights (Article 6 of the Federal Law), including appeal against the illegal actions of the UFMS staff.

Such unlawful actions include the withdrawal of a passport of a foreign citizen, since the illegal seizure of the official personality certificate of the citizen (passports) entails the imposition of an administrative fine by the force of Art. 19.17. Administrative Code of the Russian Federation (Administrative Code of the Russian Federation).

According to Article 5 of the Federal Law "On the Migration Accounting of Foreign Citizens and Certificate Persons in the Russian Federation" Actions of the UFMS employee violating the rights of foreign citizens may be appealed to a higher authority, a higher officer, or to court.

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That is, an employee of the UFMS without submitting the original of the order for conducting the audit by the owner or the trusted person did not have the right to withdraw the passport of foreign citizens? Or did not have the right to check?

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In our article, we tried to tell the most detail about the patent to work for foreign citizens and how to officially get it for legal work in Russia.

From our article, you will learn how and where to make a patent for work, what documents are needed for a patent to work, who issues patents to migrants, the rules for obtaining a patent for work in Russia, how to pay for NDFL tax labor patent, its validity period, as well as find forms of patent applications and samples of Patent 2017, and step-by-step instructions upon receipt of a patent for labor activity.

For more convenient movement, you can use the navigation:

What is a patent for work in Russia?

Labor patent for work for foreign citizens is permission to work in Russia for visa-free foreign citizens.

In other words, a patent for work for migrants is a document necessary for each foreign citizen who has come to Russia in a visa-free manner, which plans to legally implement work on the territory of the Russian Federation.

Work on the labor patent migrant can be carried out both in the state of a legal entity and by hiring an individual.

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

Labor patent 2017-2018 is needed to all visa-free foreignerswho want to work legally 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 patent for work for citizens of Belarus, Kazakhstan, Armenia and Kyrgyzstan is not required, since these countries are included in the Customs Union.

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

What gives a job patent?

Labor patent for work allows visa-free foreign citizens to legally work with legal entities and physical (private) persons in the Russian Federation.

Territory of the patent to work

Since 2016, a labor patent for foreign citizens has a territorial binding, i.e. Patent to work indicates the territory of its action.

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

Important!A foreign citizen cannot work in Moscow and the Moscow region on one patent, as the patent is issued either to Moscow or - to the area.

Those. A foreign citizen who has a patent for work in Moscow cannot work on him in the Moscow region. Just like a foreign citizen who has a patent to work in the Moscow region, can not work on him in Moscow.

However, a foreign citizen can receive 2 patents to work, one patent for work in Moscow, 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 need to have a work patent in St. Petersburg, to work in the Leningrad region - a patent for work in the Leningrad region, or have 2 patents.

Important! If a foreign citizen is caught at work on a patent in the region, which is not specified in his document, it will be fine in the amount of up to 7 thousand rubles with possible expulsion from Russia and the ban on entering the country for a period of 3 to 10 years.

Indication of the profession in patent to work

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

Accordingly, a foreign citizen can legally work on the patent may exclusively by profession corresponding to the specialty that is specified in the document.

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

The term of the patent to work a foreign citizen

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

How to extend a patent: Procedure for extending a patent for work for foreign citizens

To do this, he needs to extend a patent monthly - in a timely manner to make an advance payment of personal income tax for work on the patent, since the patent is considered externally for the period for which the advance payment was made.

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

For example, a foreign citizen received a patent and paid for NDFLs for 3 months ahead. Accordingly, the patent will be considered extended for 3 months, and a foreign citizen can safely work on it for 3 months. After 3 months, a foreign citizen must pay the NDFL to extend the patent for the next period.

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

The cost of a patent for work per year is calculated simply: 12 months * The sum of the advance payment of NDFL.

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

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

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

About how to make an advance payment of personal income tax and pay a patent for a few months ahead you will learn on this page.

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

If a foreign citizen has a patent duration comes to an end (the first year of work on labor patent), he can get a new patent for work without leaving Russia.

For details on how to extend the patent for work after 12 months without departure from Russia, it is written in this article: How to reorganize a patent work next year.

How to check the authenticity of the patent to work?

You can check the reality of a patent for work and its authenticity on the official portal of the LUCM MIA on the link.

However, remember, according to an indication on the website of the MIUM MIA, the result of the check is reference.

For a formal, legally significant response, it is necessary to make an official request for the management of Migration Migration of the Ministry of Internal Affairs of the Russian Federation.

Where to get a job patent, who gives a patent and where to get a job patent?

Since 2016, a foreign citizen's patent is issued and issued in the MIA MVD (FMS). A foreign citizen can independently arrange a labor patent in Russia in the Department of Migration Departments of the State Ministry of Internal Affairs of the Russian Federation (formerly FMS) and in multifunctional centers for the provision of public services.

Also for making a patent for work in Russia, a foreign citizen can contact the mediators - firms providing similar migration services.

Important! Even when making a patent to work through an intermediary, remember that a patent for the work of the state. Authorities are issued personally in hand. Besides you, no one can get it! And you can always check the reality of your patent.

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

In order to get a patent to work in Russia, a foreign citizen must provide in the management of Migration Migration of the Ministry of Internal Affairs of the Russian Federation (formerly Federal migration service) required package documents with a statement for the issuance of a patent.

However, even before the process of collecting and submitting documents to the migration authorities, a foreign citizen is important to comply with all the features of migration legislation at the entrance to the Russian Federation.

For your convenience, we will try to turn the entire procedure step by step until the patent is received.

Patent: Step-by-step instructions for registration of the patent 2017-2018

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

After that, a foreign citizen needs to closely follow the timely payment of a patent for work and to make an advance payment (NDFL) on it in time, since in case of delay in payment, even on 1 day, the patent will automatically be canceled.

Also, a foreign citizen should not forget about other migration documents and carefully monitor their deadlines, and to prolong them in a timely manner as needed.

Documents for a patent for work

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

• Statement for a patent to a foreign citizen (download form);
• International passport;
• Notarial translation of the passport;
• Migration card (for the purpose of entry - work);
• Polis DMS (insurance);
• Medical certificates about the absence of diseases issued after passing a patent medical examination;
• Results of testing in Russian, history and the basics of the legislation of Russia;
• Documents on the formulation of a foreign citizen on migration accounting;
• Check for tax personal income tax for patent;
• Photo 3x4;
• Penalty payment document (if a foreigner has grown necessary documents For registration of a patent for work).

Patient for work: deadlines

For registration of a migration patent, a period of 30 days from the date of the migrant entry in the Russian Federation, for which a foreign citizen must pass a medical examination, pass testing and collect the necessary package of documents for the preparation of a patent and submit them to the management of the Migration Militation of the Ministry of Internal Affairs of the Russian Federation.

10 working days after submitting a package of documents for a patent job in the state. Authorities from them come respond. And a foreign citizen is issued a patent or notice of refusal.

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

Medical examination for the preparation of a patent is a mandatory procedure for all foreign citizens who want to legally work in Russia.

Pass a medical examination to receive a patent to everyone labor Migrant, insofar as medical certificate To obtain a patent, it is issued solely after the passage of inspection, and without it you will not be able to submit a package of documents for a patent, since it will not be complete.

Thus, for a foreign citizen pedental Medical Committee It is a mandatory and necessary condition for obtaining the right to work in Russia.

What makes it and what does the medical examination check for a patent?

The medical examination for a work patent for foreign citizens is to pass by migrants to identify diseases dangerous to those surrounding and inspected by doctors: therapist, a phthisiator, a dermatologist, a psychiatrist, narcologist.

In the process of passing a medical examination to a patent, a foreign citizen must be supplied with blood tests for HIV, syphilis, as well as to make a clinical analysis of blood.
In addition, a foreigner will need to pass urine analysis for psychotropic substances and make a general urine analysis.

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

If the patent medical board finds the infectious diseases from a foreign citizen, which are dangerous to others, the foreigner will naturally receive a refusal to issue a patent for work, since these data will be listed in the medical record necessary for a patent to work that a foreigner submits in Composition of the package of documents in the MIUM MIA.

Thus, according to the results of the medical examination, a foreign citizen gets the documents necessary for filing in the MIUM, without which it is impossible to issue a patent:

• reference medical examination foreign citizen;
• Certificate about the absence of HIV infection.

Patent exam: Testing to obtain a patent for work

To get a patent to work in Russia, a foreign citizen must pass the patent examinations and receive a certificate about the passage of the state exam with the results required for patent.

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

1. The test exam for a patent in Russian includes 5 partitions:

• Vocabulary. Grammar (25 tasks for which 15 minutes are given);
• Reading (10 tasks to be given 15 minutes);
• Audition (10 tasks to be given 15 minutes);
• Letter (1 task that is given for 15 minutes);
• A speaking (for which 10 minutes is given).

2. The patent exam for the history of Russia consists of 1 test with 10 questions.

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

For a test exam for a patent on the history of Russia, 15 minutes is given. The same time is assigned to a patent exam on the basis of legislation: this test for migrants must also be passed in 15 minutes.

A patent test (for migrant exam) is considered passed, in case a foreign citizen gives 60% of the correct answers in each section of the block in the Russian language and correctly responds to at least 5 questions out of 10 in the testing unit on the history of Russia and gives minimum 5 correct Replies out of 10 in the testing unit 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 issues for a patent for work that migrants pass.

Block Russian language: 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 a test for a patent, a foreign citizen will require the following documents:

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

Penalty for work without a patent

Responsibility for work without a patent lies like foreign workerand on the employer who has a foreign citizen without a patent to work.
Next, we will look more detailed responsibility for work without a labor patent and punishment for this for both parties.

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 subject of the Russian Federation, to which a patent was issued, a foreign citizen faces an administrative penalty in the amount of from 2 to 5 thousand rubles with possible expulsion outside the Russian Federation.

Important! For work without a patent in the city of federal significance 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 outside the Russian Federation.

Fine employer for work without a patent

In case of establishing the fact of labor activities by a foreign citizen without acting Patent To work, the employer will receive a fine of FMS for the work of a migrant without a patent.

That is, if a foreign citizen has no current 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 penalty:

• To an official - a fine of 35,000 - 70,000 rubles;
• Legal entities are fine 400,000 - 1,000,000 rubles, or suspending activities for a period of 14 to 90 days.

Ended a patent for work, what to do to the employer?

If a foreign citizen has ended with a patent for work, the employer needs to be terminated labor contract And send a notice of dismissal of a foreign employee in the MIUM MIA.

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

Patent: Blanks and Samples

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

In 2017, new patents to work look like this:

Important!A work patent for the work for foreigners contains an indication of the profession and the subject of the Russian Federation to carry out work.

Patent application

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

Download a patent application form a foreign citizen can link.

The petition for the extension of the patent to work from the employer

The petition for the extension of a patent to work a foreign citizen is as follows:

Download a petition for the extension of a patent to work you can link.

Patent: Questions Answers

In this section, we tried to give answers to the most frequent questions about a job patent 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 from work permit: what is the difference between a patent from work permit for foreign citizens?

The only similarity is that both a patent and work permit give a foreign citizen the right to legally work in the territory of the Russian Federation.
Otherwise, these are completely different documents.

The issuance of a patent for work is carried out only by foreign citizens located in the territory of the Russian Federation in a visa-free order. That is, only visa-free foreign citizens can work on it in Russia.

The visa foreigners for work in Russia should issue permission to work.

• Who needs to make a job patent? What foreigners need a patent for work?

It is necessary to issue a patent for a job to every foreigner who came to Russia for earnings in a visa-free order, including a work patent need for CIS citizens, in particular for citizens of Abkhazia, Azerbaijan, Moldova, Tajikistan, Uzbekistan, Ukraine.

The exceptions are citizens of the countries participating in the Customs Union, these foreign citizens do not need a work patent for work activities in Russia.

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

• Does citizens need a Belarusian patent?

The citizens of Belarus are not needed a patent for work, since Belarus is included in the Customs Union and according to the current agreements, for work in Russia, citizens of Belarus are not required.

• Does the Armenian citizen need a patent work?

Citizens of Armenia is not required patent, since Armenia is included in the Customs Union and according to the current agreements, for legal work in Russia, citizens of Armenia do not need a work patent.

• Does Kirgiza need a patent for work?

Citizens of Kyrgyzstan need a patent for work, as Kyrgyzstan is one of the countries of the Customs Union, and, according to current agreements, Kyrgyz can work in Russia without a patent for work.

• Does the Ukrainians need a work patent?

Yes, the citizens of Ukraine need a patent for work in Russia to implement legal work.

• Does the Tajika need a patent for work?

Yes, Tajikistan citizens need a patent to work in Russia for legal implementation of work.

• Does citizens of Moldova need a patent for work?

Yes, for legal implementation of work in Russia, a citizen of Moldova needs to get a job patent.

• Does the experience go for a patent?

Yes, a foreign citizen, legally operating in Russia for labor patent, accrued labor experience.

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

Not! You can not buy a patent for work!

The migration document It is officially executed by state bodies and their representatives and the issuance of patents to foreign citizens is carried out in person personally into the hands of a foreign citizen.

Therefore, even if you need assistance in the design of a patent for work and you contact a legal company specializing in migration services for collecting, preparing and submitting a package of documents for registration of a patent, do not forget that the patent will be in hand to you personally.

Remember, information about the document and its owner is made to the FMS database (MUVM MIA) only with the official registration of a patent for a migrant.

Important! If you are offered to buy ready patent To work without passing testing and medical examination for a patent, then be sure you are trying to deceive, because the migrant patent will not be issued without it.

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

Extend the patent for work after a year is not a completely correct definition.

Under this concept implies a replacement of a patent for work. That is, a foreigner has the opportunity to get a new patent for the next period, without leaving Russia.

In other words, the patent is renewal: a foreign citizen receives a new migration patent to work without leaving the territory of the Russian Federation. The document number in this case remains the same, the same as in the old patent. Also remain unchanged region actions and profession.

Important!A foreign citizen must take care of the extension of the patent in advance, and begin to act in this direction before the deadline for its end, because to collect a package of documents for extension and get a new patent, without leaving the country, will take several weeks.

Detailed procedure for "extension of a patent" without departure from Russia described on this page.

• Lost a patent for work - what to do?

Detailed answer to the question of what to do and how to restore the lost patent you will find on this page.

• Is it possible to work a foreigner without a patent?

Foreign citizens staying in Russia in order not requiring a visa have the right to work in the country only on a patent to work.

Implementation of work without a patent is fraught with administrative fines with possible expulsion outside the Russian Federation and in some cases ban on entering Russia.

The exceptions are citizens of the countries participating in the Customs Union.

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

If the article on the patent for work for foreign citizens was useful, please put +1 or save yourself a step-by-step instruction on the design of a patent to work in the Russian Federation.