Since January 1, 2015, permits for conducting labor practices for citizens from visa-free states were canceled. From now on, it is enough for foreigners to get a patent for work in Russia - a document that allows you to work with state of emergency, with individuals and legal entities (in organizations).
Basic conditions for the legal stay of a foreign citizen
Migrant worker who entered Russia, must visit the territorial branch of the MS at a certain time.
The following papers will help stay in the Russian Federation on a legal basis for a visa-free citizen of another state:
- migration card, which must be filled in a special way;
- RVP;
- residence;
- Permit document for labor activity - patent.
Additionally: it is legal to stay in the Russian state for foreigners who have been officially invited or who have requested temporary asylum, or those who have been granted refugee status or who already have citizenship.
Entry and legal residence of a foreigner in Russia with a labor purpose
If a foreign citizen has entered Russian territory to work, he is required to apply for a patent.
From 01.01.2015, these innovations are determined by Federal Law No. 357-FZ of 11.24.14
In accordance with Art. 133 of the specified act, a citizen of the state arriving on Russian territory with visa-free regime and a foreign citizen over the same age over 18 years of age is entitled to carry out labor activity if he has a patent.
All this means that a citizen of another state who has received a patent for a job has every right to do the following:
- labor activity at legal entities and state of emergency;
- labor activity at notaries of private practice;
- work with lawyers who practice privately;
- labor activity of other persons having licensed activities or registered in accordance with legislative acts of federal significance.
Document Preparation Algorithm
The FMS must fill out the form approved by Order No. 638 of the FMS dated 08.12.14.
Within 30 days from the day of crossing the border of the Russian Federation, a labor migrant is obliged, personally or through authorized bodies, to bring to the territorial MS the following set of documents in order to obtain a work patent:
- statement on the model;
- an identity document recognized by legislative acts of the Russian Federation;
- a migration card, which contains a mark of the border service, confirming the crossing of the border of the Russian territory, or a mark of the territorial branch of the MS confirming the issuance of the submitted migration card indicating the labor purpose of visiting the Russian Federation;
- SMEs (on a voluntary basis) or an agreement on paid medical services concluded by a foreigner in a territorial medical institution, on the site of which he intends to carry out a labor process;
- a medical document confirming the absence of diseases included in the list approved by the authorities. The main feature - the submitted medical certificates and certificates of physical condition are issued exclusively by Russian medical institutions. Each administrative region has a specific list of medical institutions approved for the provision of medical services of this kind.
- certificate of knowledge of the Russian language, history and legal foundations of the Russian Federation;
- registration documents;
- 2 photos (3 by 4 cm);
- migration card (copy) marked with a labor visit;
- document confirming payment of state duty.
Penalties
If the time for collecting the required documents (previously described) and, accordingly, the stay of a foreign citizen in Russia until the date of filing an application with the territorial FMS exceeds the thirty-day period, then a financial sanction will be imposed in the form of a fine on the basis of Art. 18.20 of the Code of Administrative Offenses. The size of the sanction is 10,000-15,000 rubles.
Dates of permit
A patent for work in Russia is issued by a labor migrant within ten days from the date of application.
Such permit paper is drawn up at the territorial FMS. Its validity varies from a month to a year. It can be extended many times over a month, however, the total validity period should not be more than one year. Extension of the term is carried out after payment of the advance payment. An appeal to MS again is not required.
In case of non-payment of the state fee, the obtained patent for work is automatically canceled.
It should be noted that each regional FMS has the right to make a mark in the authorization document indicating the profession, specialty or type of work of a foreigner.
Thus, a labor migrant can only work under the conditions of the professional framework that are noted in the permit.
How much is a patent for a job?
A patent is obtained by a foreign citizen solely upon presentation of a document proving his identity - passports, and upon provision of financial certificates for payment of state duty.
A labor migrant can, on his own, prepare the entire set of necessary papers for applying to the Federal Migration Service for a patent.
If he wants to prepare a package of documents and apply for a patent for a job, he has the opportunity to contact certain law firms that are involved in providing assistance in this type of service. This is certainly very convenient, but at the same time quite expensive.
The cost of a patent for work differs depending on the region and law firm and varies in total in the following areas:
- medical examination - about two to three thousand rubles .;
- notarized copy of the passport, from 1500 to 2000 rubles .;
- the price of the insurance company depends on the insurance company - about 2000 rubles .;
- a test in the Russian language - about 12000-13000 rubles, including listening to preparatory courses;
- preliminary and monthly payment of state duty - 1568 rubles. 40 kopecks It should be noted that each region of the Russian Federation has the right to additionally determine a special coefficient by which the payment amount is indexed.
Conditions for issuing permits
A work patent gives a migrant the full right to engage in labor activity exclusively in the territory of the region of the Russian Federation where he was obtained. If he claims to work in another territory of Russia, then how to get a patent for work in another region? In this case, it is necessary to contact the MC of the territorial district in which he will work, and there is no need to observe the thirty-day deadline for writing the application.
In this case, the foreigner is obliged to submit to the FMS:
- relevant statement;
- passport with notarized Russian translation;
- 2 pcs. 3 by 4 cm photographs;
- a document confirming payment of the state fee for the previous patent;
- ICP;
- physical health certificates (absence of diseases).
The validity of a subsequent patent shall not exceed the validity of the previous one.
Labor migrant working with physical. or legal entity, must within 2 months from the date of receipt of the document notify the territorial body of the FMS by sending a copy of the drawn up employment contract.
In the event that a foreigner wishes to work in Russia for more than 12 months, he is entitled to reissue a patent for work. Then he is obliged to do this no later than ten days before the end of the validity period of an existing patent by submitting to the MS the main package of papers, as well as an additional application from the employer and an employment contract. A subsequent patent for work has a similar validity period. Automatic prolongation is carried out on the basis of payment of state payment without subsequent appeal to the FMS.
In case of loss, damage or loss of a patent, a labor migrant has the right to receive a duplicate document in the territorial body of the Ministry of Social Affairs.
If a citizen of another state is denied re-issuance or receipt of a permit, or the existing document is canceled, then he has the right to apply a second time, not earlier than 12 months. from the moment of refusal or cancellation.
Step-by-step instructions for obtaining a patent
So how to get a patent for a job? The algorithm of actions is described below:
- when crossing the border of the Russian Federation, it is necessary to indicate precisely the working purpose in the migration card;
- carry out registration at the place of stay within seven days;
- pass the test control of knowledge of the Russian language, legal foundations and history of the Russian Federation, preparatory courses - if desired;
- be examined and get the necessary medical certificates and medical certificates;
- get an ICP;
apply to the territorial FMS, presenting a full package of documents (previously described).
