Who should get a labor patent
All foreigners from visa-free countries must purchase a work patent. There is also an exception to the rule. This action does not apply to:
- refugees (persons having such status);
- representatives of Belarus and Kazakhstan;
- journalists sent to our country;
- employees who came to work by invitation.
The patent is not renewed if the foreigner has received a residence permit or temporary residence permit.
The Federal Service of the Federal Migration Service has transferred some organizational issues (especially those related to registration of citizens) to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs. The FMS deals with the registration of employment contracts with foreign persons.
Two types of work permits
From 2021, there is a distinction on registration. To work for individuals (privately or individual entrepreneurs) and legal entities. Migration registration is regulated in our country by Government Decree No. 9 of January 15, 2007. By purchasing and renewing a patent, a foreign citizen automatically extends registration and the right to stay in the Russian Federation for the period for which payment was made. The case is reviewed within 10 days. If the outcome is positive, the document is issued after verification of the payment. Within 2 months, the newly hired employee must submit to the Main Directorate for Migration and Migration a copy of the employment agreement or contract concluded with the employer.
This is interesting: Is it possible to live at a location other than the place of registration? What is registration address and registration address?
How to extend temporary registration without crossing the Russian border?
If necessary, you can apply for registration in Russia while being outside its borders. To do this, a foreigner must:
- submit the necessary papers to the country's embassy;
- transfer a power of attorney to a person who is hosting a foreigner on the territory of Russia.
With it, the authorized person has the right to draw up an application and submit documents for registration on behalf of his principal.
Attention ! The paper must be drawn up in accordance with all the rules and notarized.
Temporary registration must be completed, preferably without violating the law. This is especially true for foreign citizens, since they face not only a fine, but also deportation from the country. Let's watch a current video on the topic:
How can a foreigner extend his stay in the Russian Federation for more than 90 days?
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Documents for obtaining a work permit
If the application is submitted for the first time, you must submit:
- passport of your country;
- migration card;
- medical certificate and voluntary health insurance policy;
- certificate of passing the Russian language exam;
- certificate of temporary registration at the place of residence.
To renew a patent registration, a photocopy of this document and copies of all payment receipts for the specified period are required. Additionally, you need a migration card, a passport, and an employment contract with the employer.
Rules for the temporary stay of foreigners in the Russian Federation
The rules for staying an IG in Russia are regulated by the current Federal Law No. 115-FZ of July 25, 2002, as well as the Federal Law “On Migration Registration...” No. 109-FZ of July 18, 2006.
They spell out all the fundamental points related to the entry of a foreign citizen, his temporary registration at his location, the possibility of its extension and premature deregistration. This makes it possible to control the migration flows constantly arriving in the country.
For certain categories of ISIS, visa-free entry into the Russian Federation is possible. Others must first obtain a visa.
They can be of various types:
The issue of registration can be dealt with by both the receiving (inviting) party and the person himself, by contacting the FMS authorities within seven days, having a certain package of documents in hand.
Based on the results of completing the IG procedure, a notification and permission for temporary stay in the country, or a residence permit, are issued, depending on the specific situation. A refusal to register, if any, can be appealed in court or at the prosecutor's office.
This is interesting: Storage of weapons at the place of temporary registration 2021
The rights and responsibilities of the Islamic State are practically no different from the rights of citizens of the Russian Federation, with the exception of the opportunity to take part in the electoral process or be called up for military service.
People who have fled their country to save their lives during wars, coups and other threatening situations can claim refugee status, which provides additional privileges.
How long is temporary registration valid?
The time spent on Russian territory for foreigners is limited by the duration of the visa . If there is none, then this period should not be more than 90 days. If a person does not leave the country within the required period, then his presence on Russian territory will be considered illegal and may entail certain legal consequences: from a fine to forced deportation from the country.
But, if necessary, it is possible to extend the temporary registration period. The procedure for this procedure is regulated by FMS Order No. 655 dated December 15, 2014. To renew registration, the IG himself or the receiving party must submit an application to the local FMS department a week before the expiration of the period of stay.
It should be immediately noted that it will be more difficult to extend the period that it will be necessary to complete the initial registration, since the extension is permitted by law only in a number of certain cases.
Good reasons could be:
- serious illness;
- late pregnancy;
- acceptance of inheritance;
- obtaining a patent for labor activity;
- admission to a higher educational institution;
- work contract;
- obtaining a residence permit, etc.
The extension is made for 90 days. You should know that such procedures cannot continue indefinitely.
Registration renewal registration
What will you need to complete the procedure for extending the deadline, besides an application? In fact, the procedure will be identical to the initial receipt of documents.
The IG will need to submit the following documents to the FMS office:
- original and photocopy of all pages of the identity document, translated into Russian and notarized;
- temporary registration coupon;
- migration card (original and copy);
- employment contract or contract with an educational institution;
- a document confirming the solvency of the IG to pay for their own accommodation and return journey;
- medical certificate confirming the absence of serious infectious and other contagious diseases;
- a letter from the employer (if we are talking about an employment contract) confirming that the contract will be extended;
- 4 photos of a foreign citizen.
Since, by law, the receiving party is responsible for a person with foreign citizenship, his data will also be required.
Then an application form or petition is filled out in free form, at the person’s choice. The document is written by hand, in legible handwriting.
It will need to indicate:
- your personal data;
- the country from which he came;
- the document on the basis of which the IS entered the country;
- information about the time of arrival and place of temporary stay;
- reasons for extending your stay;
- information about the receiving party (full name, passport details and insurance certificate).
At the end there is a date and signature of the receiving party.
Registration is renewed free of charge and no fees are charged. When all submitted documents have been verified, a decision is made within 7 days. Then the person is invited to a government agency to receive a written response.
If a positive decision is made, the FMS specialist puts the required stamp on the migration card, and the foreigner fills out the arrival notification again.
How to renew a patent registration
To renew a patent, you must pay tax for the entire period of validity of the document, that is, you can extend registration under a patent for a period of 1 month to a year, if desired. The monthly tax deduction is a fixed amount, but the regional coefficient is taken into account. If this is Moscow, St. Petersburg and other large cities of Russia, this coefficient is significantly higher than in the provinces. Again this depends on labor requirements. Regions that lack workers significantly reduce the coefficient on migrant tax.
The employer renews the permit
In this case, registration under a patent is provided at the place of work, that is, at the address of a legal entity or individual entrepreneur. The employer handles the paperwork; the migrant only has to pay the personal income tax on time. You must contact the GUVM department no later than 3 working days before the expiration date of the document. The employer confirms that he has an employment contract with a foreigner by providing information to the migration service. If a migrant uses this option for renewing a patent, he must understand that only the employer has the right to renew it. If the manager did not do this or the document was cancelled, you will have to leave the country at the specified time and submit the documents again.
Extension at the place of registration of the migrant
Extension of migration registration under a patent is carried out at the place of temporary registration. Before the procedure, taxes on personal income are paid. Within 3 days after this, contact the GUVM (formerly the FMS). If the application for a patent was completed at the place of registration, then the initiator of filing documents is the owner of the apartment or house with whom the foreigner is registered.
This is interesting: I received a tax identification number at my place of registration, but do I need to change it when I change my place of residence?
Grounds for extension
The foreigner has received a temporary residence permit for a period of 3 years or a residence permit, which is issued for 5 years. To confirm your right to live and work in Russia, you must obtain a work permit and enter into an employment contract with your employer.
Documents for renewal of registration of a foreign citizen under a patent 2021
The legal topic is very complex, but in this article we will try to answer the question “Documents for renewing the registration of a foreign citizen under a patent 2020.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.
- addresses where it is submitted and from whom (detailed identifying data, including TIN, OGRN);
- a request for unified content for extension indicating all the foreigner’s data;
- details of the passport, certificate, employment contract, as well as time of entry and whether the person is registered with the Federal Migration Service;
- list of attached confirmations with numbers, dates of issue, deadlines.
The application is submitted by the employer on behalf of his employee or by the owner of the housing where the guest worker is staying. That is, this responsibility falls on the receiving party.
In addition, this is considered an administrative violation, which is punishable by a fine of 2,500 rubles. If 2 such fines accumulate, the person may be prohibited from entering Russia. Even if the ban is lifted, you will still have to apply again.
Sample and requirements for drawing up an application
- Personal information of a foreign citizen (his full name (patronymic name is indicated only if available);
- In the case where the full name was changed during the period of stay, the reasons for such change must be indicated;
- Information about the citizenship of a foreign person;
- Information about the place and date of his birth;
- Information about the permanent residence address of a foreign person;
- Passport information;
- Information about the migration registration card issued to a foreigner;
- Data on the registration address and the period of such registration in the country;
- TIN data;
- Information about the document that confirms knowledge of the Russian language;
- Information about a previously issued patent to a foreign citizen;
- Information about the person’s employer and his work activity in the Russian Federation.
The period of stay of a foreign citizen in Russia without registration is determined by the validity of his visa. Thus, the maximum period for which a visa to the Russian Federation is issued is 90 days. After the expiration of the period established by the visa, the foreigner must either leave Russia or apply for temporary registration.
A foreign citizen has the right to renew registration under a patent immediately after making the next tax payment, which acts as an advance payment.
In order to carry out his plans in a timely manner, he must contact the GUMVD or the nearest Migration Point no later than 3 days before the end of the period of validity of the permit.
The given time period is calculated in working days, excluding weekends and holidays.
Procedure for extending registration deadlines for foreign citizens
There are situations when a foreign citizen or stateless person, out of necessity or of his own free will, remains on the territory of Russia longer than the period allowed by a visa or migration card.
In this case, he must necessarily and strictly within a certain period formalize the extension of his stay.
Renewing the registration of a foreign citizen may cause more difficulties when preparing documents than the initial registration with migration authorities.
In what cases can migration registration be extended?
submission of papers is carried out directly by the applicant. Sending data to government agencies by mail is not permitted. The educational institution where the foreigner is studying can submit documents if there is a training agreement. For this purpose, a representative of the organization submits a corresponding resolution.
If you miss all conceivable deadlines and do not have time to renew and re-register your patent without leaving Russia, count again how many days the document remains valid.
10 or more days? Excellent, urgently submit documents for re-registration, you still have time to “meet” the deadline without leaving the Russian Federation and not receive an administrative fine.
and perhaps your work patent has expired, then get ready to leave Russia and, upon re-entering, go through the entire path of obtaining a work patent.
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renewal of patent registration for foreign citizens
The Moscow Migration Center is ready to offer you its services in providing assistance in drawing up an employment contract and notification of employment for employers.
The service is provided within 5-7 days; you must also apply for an employment contract in advance 5-7 days before the end of your registration, otherwise you will have to pay a fine of 2000-5000 rubles, depending on the delay in registration.
Features of extending temporary registration under a patent
- In case of obtaining a TRP (temporary residence permit), the period of stay is three years, and cannot be extended upon completion;
- Upon receipt of a residence permit (residence permit), the period of stay is at least 5 years, and in case of extension until the end of its validity;
- Upon receipt of a visa, during its validity period;
- Upon receipt of a residence permit during its validity period.
To a foreign person
Penalties may be applied simultaneously or combined. That is, before deportation, the offender may bear administrative and criminal liability. The use of fines and sanctions is aimed at minimizing cases of unofficial employment and tax evasion.
It usually doesn't take long to process applications. After just 7 days, the migration authority sends an official response. The department will extend the deadline or refuse it. The deadline for renewing a foreign citizen's registration depends on when the foreigner submits the application. Registration that is known to be overdue (even by one day) cannot be extended.
Extension of temporary migration registration is free. An exception is a patent - its validity period is paid according to tariffs. In all cases, the Department of Internal Affairs of the Ministry of Internal Affairs sends a notice of renewal of registration of a foreign citizen.
Submitting an application
- waiting for the issuance of temporary residence permit/residence permit;
- applying for a work visa;
- invitation as a specialist in a sought-after field of activity (HQS);
- concluding an employment contract with a local employer;
- enrollment in a university for full-time study.
- A copy of the document confirming the next payment;
- A copy of the received patent;
- Copies of payment documents confirming payment of taxes for previous periods;
- Documents that were presented upon initial application: notification form for the arrival of a foreigner;
- Passport or other identity document;
- An employment contract concluded with an employer.
How to renew registration of a foreign citizen under a patent
In this regard, I would like to draw attention to the fact that if the requirements imposed by the state regarding the procedure for increasing the duration of registration at the place of stay are ignored, the foreign citizen will be required to re-issue a migration card.
Patent registration renewal
- Personal information of a foreign citizen (his full name (patronymic name is indicated only if available);
- In the case where the full name was changed during the period of stay, the reasons for such change must be indicated;
- Information about the citizenship of a foreign person;
- Information about the place and date of his birth;
- Information about the permanent residence address of a foreign person;
- Passport information;
- Information about the migration registration card issued to a foreigner;
- Data on the registration address and the period of such registration in the country;
- TIN data;
- Information about the document that confirms knowledge of the Russian language;
- Information about a previously issued patent to a foreign citizen;
- Information about the person’s employer and his work activity in the Russian Federation.
Accordingly, if this document is missing, then in this situation a foreign person will in no case be able to obtain a new patent, or renew an old one, until such time as this document appears in his hands.
Most employers still understand that they bear a certain responsibility for their foreign employees, who do not have as much knowledge about the nuances of Russian legislation related to work activities.
How to renew a labor patent for a citizen of another state after 12 months
Until recently, foreign citizens were not required to regularly renew their registration for the period of validity of their labor patent. This is largely due to the fact that paying monthly income tax for the opportunity to officially work was an extension of migration registration.
- Criminal proceedings. This action will follow if the visitor has not fulfilled his obligations in connection with a violation of the Criminal Code of the Russian Federation;
- Expulsion from the Russian Federation, accompanied by a ban on entry for up to 10 years;
- Administrative fine in the amount of 2000 to 5000 rubles.
So, for example, if, in accordance with the payment document, the next payment for a patent was made on Thursday, then registration of foreign citizens must occur no later than Monday of the next week. If the payment was made on Wednesday, then this procedure must be completed before the end of the current working week.
The employer checks the authenticity of the patent
This is due to the fact that various organizations provide assistance in obtaining a patent for work. And they do not always behave honestly, taking advantage of the fact that foreigners do not know the Russian language thoroughly. For hiring a migrant using a fake patent, the employer will face a fine. Managers and owners of enterprises and organizations use the resource services.guvm.mvd.rf to obtain information. All documents are digitized. On the website, a number is inserted into the verification application form and a response is received in a matter of seconds.
Work in several regions of the country
If a migrant’s work is seasonal and requires moving around the country, then a separate package of documents is submitted to each region. Obtaining a work permit is required in each region separately. Accordingly, registration at the place of residence of the foreign person is also required. Such actions are carried out within 30 days from the date of entry into the country.