Deadlines for making a fixed advance payment for a patent
One of the common problems that can arise when renewing a patent involves paying a fixed upfront fee, in other words, tax. The foreign citizen must pay the patent tax monthly or several months in advance. Payment must be made several days before the date indicated on the patent. Since a delay of even one day will invalidate the patent. An invalid patent cannot be renewed and you are not allowed to work under such a patent. This is evidenced by clause 5, art. 13.3. Federal Law “On the legal status of foreign citizens in the Russian Federation” dated July 25, 2002 No. 115-FZ.
Requirements for payment documents under a patent
When renewing a patent, a foreign citizen must present all receipts for previously paid taxes. And here, too, difficulties may arise, since FMS employees accept payment documents in which the data is clearly readable. If the checks are faded, stained, the information on the checks is circled with a pen, or the check is not entered into the database at all, the foreigner may be refused to renew the patent. According to paragraphs. 4, paragraph 9, art. 18 FZ-115 dated July 25, 2002, this decision cannot be challenged. Then the foreign citizen falls under the 90/180 rule and will need to leave the Russian Federation without the possibility of obtaining a patent.
To prevent such a situation, a foreign citizen should carefully store all payment documents for the patent.
If it happens that some checks are unreadable, then:
1) a foreign citizen can contact the bank and request a duplicate of the check;
2) if a foreigner paid the patent tax with a bank card, independently print out a duplicate of the receipt at an ATM;
3) you can request a certificate in form 395 from the bank, which will indicate all transactions performed to pay for a valid patent of a foreign citizen.
All this must be done before filing documents for patent renewal.
Patent refusal
6) November 25, 2019. year I submitted documents for a patent, a month later they told me that I don’t have a tax identification number, I spent a month running around the tax authorities to get a tax identification number, I received it, I arrived at the Sakharov Federal Migration Service today after the holidays and they told me there is no registration in the database, I went to the police department, Tina today they entered the registration into the database , came back to the Sakharov FMS and were told to arrive on 01/31/2020. and gave a paper REFUSAL based on clause 2, clause 22, article 13.3 and clause 4.9, article 18 Federal Law √ 115 Federal Law. But he said to come on January 31, 2021.
6.2.
— Hello, appeal the refusal in court within 3 months. The law is on your side (if the refusal is received after you have clarified your registration). Article 218 CASS of the Russian Federation. Submission of an administrative claim to challenge decisions, actions (inaction) of a state authority, local government body, other body, organization vested with certain state or other public powers, an official, state or municipal employee and consideration of an administrative case based on the filed administrative claim. And Article 46 (Part 1) of the Constitution of the Russian Federation guarantees everyone the right to judicial protection of their rights and freedoms. Sincerely, lawyer Ligostaeva A.V.
6.3.
Hello Sharifakhon In your case, upon arrival at the migration department of the Ministry of Internal Affairs on the appointed day, January 31, 2021, you should cancel the decision to refuse to grant a patent, because the grounds for refusal have disappeared, upon your provision of the TIN document, or you will have to go to court to appeal the refusal to grant a patent with reference to the illegality of the refusal under Article 218 of the CASS of the Russian Federation. You were refused to issue a patent on the basis of clause 2 of paragraphs. 2 of Article 13.3 of the Federal Law of July 25, 2002 N 115-FZ (as amended on December 27, 2019) Features of the labor activity of foreign citizens who arrived in the Russian Federation in a manner that does not require a visa, on the basis of a patent and clause 9 pp. 4 Article 18 of this Law 2. To obtain a patent, a foreign citizen, within thirty calendar days from the date of entry into the Russian Federation, represents personally or through an organization authorized by a subject of the Russian Federation, specified in paragraph 9 of Article 13 of this Federal Law, to the territorial body of the federal executive body authorities in the field of internal affairs: 1) application for a patent; 2) a document proving the identity of the foreign citizen and recognized by the Russian Federation in this capacity
Federal Law of July 25, 2002 N 115-FZ (as amended on December 27, 2019) “On the legal status of foreign citizens in the Russian Federation” Article 18. Invitation to enter the Russian Federation for a foreign citizen for the purpose of carrying out work activities 2. Invitation to enter The Russian Federation of a foreign worker, with the exception of a foreign citizen who arrived in the Russian Federation in a manner that does not require a visa, for the purpose of carrying out work activities, is issued by the federal executive body in the sphere of internal affairs or its territorial body upon a request for an invitation submitted by the employer or customer works (services) to the relevant authority.
Simultaneously with the application for issuing an invitation for the purpose of carrying out work activities, the employer or customer of work (services) submits to the territorial body of the federal executive body in the field of internal affairs or directly to the federal executive body in the field of internal affairs, if the invitation is issued by the specified federal body: 2) documents required for issuing a work permit for each foreign worker. Simultaneously with the invitation for the purpose of carrying out work activities, the employer or customer of work (services) is issued a work permit for each foreign worker. When considering an application for issuing an invitation for the purpose of carrying out work activities, the territorial body of the federal executive body in the field of internal affairs
2.1.
An application for issuing an invitation, and in cases and in the manner established by the federal executive body in the field of internal affairs, and the documents specified in this paragraph, may be submitted in the form of electronic documents using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services. 4. Permission to attract and use foreign workers is issued for a period of one year. The procedure for registration, issuance, suspension or cancellation of a permit to attract and use foreign workers, making changes to the information contained therein, issuing duplicates of the said permit, as well as a list of documents submitted simultaneously with the application for issuing a permit to attract and use foreign workers, and Forms of permit forms for the attraction and use of foreign workers and applications submitted in connection with the execution and issuance of the said permit or amendments to the information contained therein are established by the federal executive body in the field of internal affairs. 6. The procedure for issuing a work permit, the procedure for issuing a duplicate work permit, the procedure for making changes to the information contained in the work permit, and the list of documents submitted simultaneously with the application for issuing a work permit, issuing a duplicate work permit, making changes to the information contained in the work permit is approved by the federal executive body in the field of internal affairs. 9. A work permit is not issued to a foreign citizen, and the issued work permit is canceled by the territorial body of the federal executive body in the field of internal affairs if the foreign citizen:
1) advocates a violent change in the foundations of the constitutional system of the Russian Federation, or otherwise creates a threat security of the Russian Federation or citizens of the Russian Federation; 2) finances, plans terrorist (extremist) acts, assists in the commission of such acts or commits them, as well as through other actions supports terrorist (extremist) activities; 3) during the five years preceding the date of submission of the application for a work permit, was subject to administrative expulsion 4) submitted forged or forged documents or provided knowingly false information about himself.
Deadlines for filing documents for patent renewal
Under no circumstances should you delay filing documents for patent renewal. It is recommended to start collecting documents no later than 30 days before the expiration of the current patent, since various difficulties may arise. For example, an incomplete package of documents has been collected or the application has been filled out incorrectly. It is also not uncommon for foreign citizens to undergo additional examinations at a medical commission, the results of which may take several weeks to prepare. And, as you know, documents for patent renewal will not be accepted without a certificate of passing a medical examination.
In order not to encounter the above difficulties when renewing a patent, a foreign citizen can entrust the registration to professionals. Our specialists will help you collect the necessary documents on time and arrange a patent renewal in accordance with the legislation of the Russian Federation. Contact us in any way convenient for you and get answers to all your questions.
Grounds for refusal to issue a patent
Good afternoon. A couple of days ago I filed documents for a patent. On New Year's Eve, in an unfamiliar place, I used marijuana, was drunk and smoked a questionable hookah. Will they refuse to issue me?
By virtue of paragraph 22 of Art.
13.3. Federal Law of July 25, 2002 N 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation”, a patent to a foreign citizen is not issued or reissued, and the issued patent is canceled by the territorial body of the federal executive body in the field of migration: 1) in case of implementation labor activity involving the labor of third parties; 2) in the presence of circumstances provided for in the following subparagraphs of Art. 18: 1 – 10: 1) advocates a violent change in the foundations of the constitutional system of the Russian Federation, and by other actions creates a threat to the security of the Russian Federation or citizens of the Russian Federation; 2) finances, plans terrorist (extremist) acts, assists in the commission of such acts or commits them, as well as through other actions supports terrorist (extremist) activities; 3) during the five years preceding the day of filing the application for a work permit, was subject to administrative expulsion from the Russian Federation, deportation, or was transferred by the Russian Federation to a foreign state in accordance with the international treaty of the Russian Federation on readmission, or during the ten years preceding the day of filing applications for a work permit, have been repeatedly (two or more times) subjected to administrative expulsion from the Russian Federation, deportation, or transferred by the Russian Federation to a foreign state in accordance with the international treaty of the Russian Federation on readmission; 4) submitted forged or forged documents or provided knowingly false information about himself; 5) convicted by a court verdict that has entered into legal force for committing a crime; 6) has an outstanding or unexpunged conviction for committing a crime on the territory of the Russian Federation or abroad, recognized as such in accordance with federal law; 7) repeatedly (two or more times) within one year was brought to administrative responsibility for violating the legislation of the Russian Federation in terms of ensuring the regime of stay (residence) of foreign citizens in the Russian Federation; left the Russian Federation for a foreign country for permanent residence; 9) has been outside the Russian Federation for more than six months; 10) is a drug addict, or does not have a certificate of absence of a disease caused by the human immunodeficiency virus (HIV infection), or suffers from one of the infectious diseases that pose a danger to others. The list of such diseases and the procedure for confirming their presence or absence are approved by the federal executive body authorized by the Government of the Russian Federation; 15 paragraph 9: 15) has not reached the age of eighteen years. clauses 9.1, 9.2: 9.1. In addition to the cases provided for in paragraph 9 of this article, a work permit is not issued to a foreign citizen, and a previously issued work permit is canceled if a decision is made in accordance with the established procedure on the undesirability of staying (residence) in the Russian Federation or a decision on not allowing entry into the Russian Federation of this foreign citizen citizen. Information about changes: Federal Law No. 74-FZ of April 20, 2014 supplemented Article 18 with clause 9.1-1, which comes into force on January 1, 2015. 9.1-1. In addition to the cases provided for by this Federal Law, a work permit previously issued to a foreign citizen who arrived in the Russian Federation in a manner requiring a visa is canceled if he fails to submit to the territorial body of the federal executive body in the field of migration within thirty calendar days from the date issuing him a work permit, a document confirming the foreign citizen’s command of the Russian language, his knowledge of the history of Russia and the fundamentals of the legislation of the Russian Federation, in the cases provided for in Article 15.1 of this Federal Law. Information about changes: Federal Law No. 60-FZ of May 6, 2008 supplemented Article 18 with clause 9.2, which comes into force thirty days after the official publication of the said Federal Law 9.2. A work permit may not be issued to a foreign citizen, and a previously issued work permit may be canceled if the foreign citizen was transferred by a foreign state to the Russian Federation in accordance with the international treaty of the Russian Federation on readmission. subclause 1 of clause 9.7: 1) submission by the employer or customer of work (services) to the federal executive body in the field of migration or its territorial body of forged or forged documents or communication by the employer or customer of work (services) of knowingly false information about himself or about this foreign citizen; clause 9.8: 9.8. In addition to the cases provided for in paragraph 9 of this article, a work permit to a foreign citizen who arrived in the Russian Federation in a manner that does not require a visa is not issued if this foreign citizen does not indicate work in the migration card as the purpose of the visit to the Russian Federation. 3) if the territorial body of the federal executive body in the field of migration, which issued a patent to a foreign citizen, receives an application from this foreign citizen to cancel the patent issued to him; 4) in case of failure to provide, in accordance with paragraph 7 of this article, a copy of the employment contract or civil contract for the performance of work (rendering services); 5) in the absence of information about the employer or customer of work (services), who are legal entities or individual entrepreneurs, in the unified state register of legal entities or the unified state register of individual entrepreneurs.
Additionally, we inform you that, by virtue of Art. 6.9. Code of Administrative Offenses of the Russian Federation, consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, except for the cases provided for in Part 2 of Article 20.20, Article 20.22 of the Code, or failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication by a citizen, in relation to who there are sufficient grounds to believe that he has consumed narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances - shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles or administrative arrest for a term of up to fifteen days.
The same action committed by a foreign citizen or a stateless person shall entail the imposition of an administrative fine in the amount of four thousand to five thousand rubles with administrative deportation from the Russian Federation, or administrative arrest for a term of up to fifteen days with administrative deportation from the Russian Federation.
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Staying on the territory of the Russian Federation after the expiration of the registration period
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