Registration under a patent of foreign citizens

Hiring a citizen of Uzbekistan is an ideal way for a Russian employer to obtain cheap labor. As a rule, such employees agree to work that is not in great demand among Russians themselves.

To avoid an overabundance of foreigners, appropriate legal norms are in place in Russia. The employment of non-residents is regulated by Federal Law No. 115 of 2002.

Text of Federal Law No. 115 of 2002.

Uzbekistan is part of the CIS countries, therefore it has a visa-free regime with Russia in 2021. Residents of the state can take advantage of a simplified method of getting a job. The employer does not need any permission to employ foreigners, but a certain procedure will have to be followed, including by the migrant.

Algorithm for employing a foreigner

So, you have arrived in the Russian Federation. What should be your next steps? First of all, you need to register for migration. You have seven days to do this from the date of entry into the country. Such deadlines are clearly regulated by Federal Law No. 109-FZ “On migration registration of foreign citizens and stateless persons in the Russian Federation.”

Your migration card must reflect the purpose of entry - work. This is a mandatory requirement for employment.

After registering for migration, you must submit documents for a patent. The migrant needs to do this personally; the employer’s participation is not required. Remember that you also need to meet deadlines here. To do this, you have 30 calendar days from the date of entry into the territory of the Russian Federation.

After 10 working days from the date of filing your application, you will receive either a patent or a refusal to issue it. When obtaining a patent, you will need to pay personal income tax in the form of a fixed advance payment. This is a mandatory condition for the validity of the patent.

Recruitment scheme

Employment of a citizen of Uzbekistan in Russia may be as follows:

• With a temporary residence permit.
• According to the patent.
• By residence permit.
• According to the privileges of certain categories of citizens.

Employers are required to draw up a document on the hiring of foreign citizens, as well as, in appropriate cases, on dismissal.

Notifications must be sent to the territorial bodies of the Main Directorate of the Ministry of Internal Affairs for Migration Issues (formerly to the FMS). The employment document must be filled out strictly according to the template and submitted to the unit of the authorized body closest to the place of work within three calendar days from the date of registration of the foreign employee. Here's what you need to write down:

• Information about the company where the newcomer has found employment. As a rule, the legal address, information about the type of activity and founders, and TIN are entered.
• Position and responsibilities of a migrant. The data is checked for compliance with those specified in the patent. If the information does not match, then the reason is given.
• Data of an Uzbek citizen submitted to the organization.

Find out more about hiring foreign citizens in the video.

Employment under a patent

Employment of citizens of Uzbekistan most often occurs on the basis of a patent.

In other words, a citizen of Uzbekistan must acquire a patent if he has a valid temporary registration in Russia. The paper must indicate the foreigner’s intentions to work in the regions of the country.

Violation by a foreign citizen of the deadline for applying for a patent is punishable under Art. 18.20 of the Administrative Code and provides for the imposition of an administrative fine in the amount of 10,000 to 15,000 rubles.

When enrolling, the employer must adhere to the following scheme in 2021:

1. Check that the foreigner has the following documents:

• Civil passport.
• Patent (with a registered position and region for work).
• Migration card (find out about the rules for entry into the Russian Federation for citizens of Uzbekistan).
• Confirmed medical support.
• Diploma or certificate (checked at the discretion of the employer).
• Health certificates.

1. Draw up an employment contract. The rules for hiring a citizen of Uzbekistan are similar to those in force when hiring a Russian specialist. The contract can be fixed-term or long-term, and the work can be remote, with any working day. The labor code also applies to foreigners. The only difference is the prescribed clause on concluding a patent agreement.

If there is a patent with a short validity period, the employer does not have the right to refuse to conclude a long-term employment contract. It is issued in full, even if the patent is already running out.

How to get a patent

This document, important for employment, is drawn up in the territorial body of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation of the region of the Russian Federation where the migrant plans to work.

In what cases is a patent needed?

A foreigner must contact the authorized body within 30 days after crossing the Russian border and submit the following documents:

• A completed patent application as required. Therefore, the form should be filled out directly on site or on the government services portal.
• Uzbek passport.
• Migration card with a note about the work purposes of coming to Russia. Issue date - no later than 30 days.
• VHI policy or medical care agreement. This is important for all applicants.
• A medical certificate confirming the absence of HIV and other dangerous diseases that pose a danger to others.
• Tear-off part of the arrival notification form (temporary registration).
• Information about taking an exam in the Russian language, history and legislative foundations at a special institution.

patent applications.

filling out a patent application.

You do not have to submit a receipt for payment of the state duty to the territorial body of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of the Russian Federation, but it is required to be paid when obtaining a patent.

The period for granting a patent is 10 days. During this time, police officers check the documents and the fact of payment of the fee if a receipt was not presented.

The patent is valid from one to 12 months.

Employment under temporary residence permit or residence permit

If a foreigner has a residence permit or a residence permit, it is possible to formalize an employment relationship with him faster and easier than under a patent. A citizen does not need to receive the latter.

RVP and residence permit are a complete package of documents that confirms the legality of his presence in Russia and the possibility of official employment with some bonuses. For example, there is no need to provide health insurance, since it is recognized automatically.

The difference between admission under RPV and residence permit

• A residence permit equalizes the rights of a foreigner and a Russian (read more about the rights of citizens who have received a residence permit in the Russian Federation). The only difference is the absence of a military ID and the inability to work in elected and government positions.
• A residence permit allows you to look for work in different regions of Russia. The exception is military camps and similar areas. The RVP allows you to work only in the region where such a document was issued (more information about what the RVP provides on the territory of Russia). In other territories you can work for a maximum of 90 days, if the need to travel is provided for by the nature of the activity. If there is an appropriate entry in the contract with a citizen, business trips around Russia are possible for a maximum of 40 days during the year.

Employment of certain categories of citizens

A native of Uzbekistan has the right to work without a patent. However, the specifics of the work must be related to the following circumstances:

• Personnel for servicing equipment that was sent to Russia and created in Uzbekistan.
• There is no need to obtain a patent for diplomats and employees of embassies and consulates.
• Highly qualified specialists that Russian enterprises need.
• When hiring, citizens of Uzbekistan with pedagogical or medical specialties will not be asked for additional permission if they were invited to work by an accredited institution.
• Touring musicians, artists and other representatives of the arts. They have the opportunity to travel freely throughout Russia for one month and work in their main specialty.
• Uzbek students. However, they can only work in their free time from school.

Ethnic Russians and Russian speakers can count on preferential receipt of temporary residence permits. If necessary, a patent will have to be issued according to the rules common to all. The legislation states that refugees can be equal in rights to those who have received a residence permit (more information about obtaining temporary asylum in Russia).

Terms of employment

When the patent is in hand, you can start looking for a job. According to clause 7 of Article 13.3 of Federal Law No. 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation,” a period of 2 months is established. During this time, it is necessary to conclude an employment contract with the employer and provide the Migration Service with a copy of it. This can be done in person, or by registered mail with acknowledgment of delivery to the territorial authority that issued the patent.

The employment contract must indicate the patent data. Having received a copy of the contract, the migration authority checks the registration of employers.

Migration Department of OP No. 12 Regional Ministry of Internal Affairs of Russia for Yekaterinburg

Where to get it

Temporary citizen identity card in Yekaterinburg in 2021

Sanctions

If copies of the employment contract were not provided to the Migration Service within the specified period, the patent may be revoked. This is stated in paragraph 4, paragraph 22, article 133 of the Federal Law “On the legal status of foreign citizens in the Russian Federation.” Cancellation of a patent means deprivation of the right to employment in the Russian Federation and is grounds for termination of the employment contract.

Upon expiration of the period of stay in Russia, a foreigner whose patent has been revoked is obliged to leave the country. It is possible to file a new patent application only one year after the date of revocation of the previous patent.

Lawyers will be able to competently and professionally help in complex issues regarding the employment of foreigners. Fill out the form and we will promptly advise you:

What is IP registration under a patent?

Registration refers to the acquisition of a patent. Let us recall that a patent for individual entrepreneurs is one of the forms of taxation in the Russian Federation.

Everyone knows that for official employment and residence in Russia, foreign residents are required to obtain a patent. This document resembles a work permit, but there are still some differences between them.

A work permit gives the right exclusively to employment, and a patent combines the rights to employment and residence of a foreign resident in Russia for one calendar year.

People who want to get hired in the Russian Federation are required to apply for a patent, and people who decide to work for themselves, that is, become private entrepreneurs, must apply for an individual entrepreneur patent. The latest document allows you to run your own business in Russian cities and reside. According to the innovations, only citizens of CIS countries can obtain an individual entrepreneur patent.

In order to obtain a patent, a citizen of a foreign country should contact the tax service at the place of temporary or permanent registration. Let us remind you that temporary registration for residents of other countries is a mandatory condition. It is done within 7 days after entering the territory of the Russian Federation.

If temporary registration is not completed, then a fine of up to 2,500 rubles is imposed on the foreign citizen.

Website of the Main Directorate of Migration Affairs of the Ministry of Internal Affairs of the Russian Federation

In some cases, his stay in the country may be interpreted as illegal. Registration is carried out at the Main Directorate for Migration of the Ministry of Internal Affairs of Russia (the Main Directorate for Migration Issues of the Ministry of Internal Affairs of Russia). Previously, this organization was called the FMS (Federal Migration Service).

At the tax service department, a foreign resident will need to write an application in form F No. 26.5-1 . Within five days, the document is issued to the individual entrepreneur. If the declared type of activity falls into the list of available ones, then the person is issued a patent for a period of 1 year.

Sample patent application, page 1

Sample patent application, page 2

Sample patent application, page 3

It is worth remembering that a patent is issued strictly for the specified type of activity. It also has territorial boundaries of its action. Therefore, if a person moves, the document loses its validity.

Buy a work patent for CIS citizens

The document can only be issued officially, by government agencies, and received personally by the applicant.

So, even if you need help with obtaining a patent, remember that intermediary law firms can only collect and file papers. Only inspectors of the Main Department of Migration Affairs of the Ministry of Internal Affairs can issue a certificate.

Information about each foreign worker is entered into the migration service database, so the validity of any patent is easy to check.

Beware of companies offering to issue you a document without visiting the migration service, in just 2-3 days. These are scammers, cooperation with whom leads to criminal liability.

Department for Migration Issues, OP No. 9, Regional Ministry of Internal Affairs of Russia for Yekaterinburg

Organization

How to get a foreign passport in Yekaterinburg in 2021

Department for Migration Issues, OP No. 3 of the Russian Ministry of Internal Affairs for Yekaterinburg

Where is it issued?

TRP (temporary residence permit) - how to apply for it in Yekaterinburg in 2021