When a foreign national does not need a work licence

Когда не нужен патент на работу иностранному гражданину

As an entrepreneur, you may already have encountered difficulties in formalizing an alien, and you may have even christened the process with a headache, but finding a way to "simple" in this respect, such as hiring illegals, is not a way out of the situation, because such steps may result in heavy fines for your company and damage for business. This article will examine the legal situation of foreign workers and the rules for hiring them in the year.

VIDEO ON THEME: Employment of foreign nationals

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Contents:

Migration patent

To discuss a work patent in a migration forum, what is a work patent in Russia? A work patent for foreign nationals is a work permit for non-visa-free foreign nationals in Russia; in other words, a work patent for migrants is a document required by every foreign citizen who has come to Russia in a visa-free manner and plans to legally carry out work in the territory of the Russian Federation.

The work on the labour patent can be performed by a migrant both in the legal persons' state and in the employment of a natural person. Who needs a Russian job patent in the year? The labour patent is needed by all visaless foreigners who want to legally work in Russia, except for nationals of countries on the list of countries of the Customs Union.

A work patent is required for citizens of Abkhazia, Azerbaijan, Uzbekistan and Ukraine. What gives a work patent? The work patent allows non-visa-free foreign nationals to legally work for legal persons and individuals on the territory of the Russian Federation.

The territory of the patent on work C. The Russian labour patent on work in the Russian Federation for foreign nationals has a territorial reference, i.e. the work patent specifies the territory of its operation; accordingly, a foreign national may legally work under the patent only in the territory listed in the document; a foreign national cannot work in Moscow and Moscow on a single patent, since the patent is granted either in Moscow or in the region.

Like a foreign citizen who has a patent for work in the Moscow region, he or she cannot work in Moscow, but a foreign national can obtain two patents for work, one patent for work in Moscow, a second patent for work in the Moscow region, and a similar situation for work in St. Petersburg and the Leningrad region.

In order to work legally in Petersburg, a foreign national must have a patent for work in St. Petersburg, for work in Lenoblati, a patent for work in the Leningrad region, or have two patents; if a foreign national is caught working under a patent in a region that is not listed in his document, he will be fined up to 7,000 rubles with possible expulsion from Russia and a ban on entry for a period of 3 to 10 years.

Accordingly, a foreign national may legally work under a patent only in a profession corresponding to that specified in the document; if a foreign national is employed in a profession not specified in his or her work licence, he or she will receive a fine of up to 7,000 roubles with the possibility of expulsion from the Russian Federation and a ban on entering Russia for a period of between 3 and 10 years.

The period of validity of a work patent for a foreign national is from 1 to 12 months, so a foreign citizen under one work patent may legally work in Russia for up to 1 year.

How to extend a work patent: the procedure for extending a work patent for foreign nationals requires a monthly extension of the patent — the timely advance payment of the NPFL for work under the patent, as the patent is considered to be extended solely for the period for which the advance payment was made.

Thus, by making an advance payment, a foreign national can immediately extend the patent for several months in advance, but not for more than 12 months; for example, a foreign national obtained a patent and paid the NPFL for three months in advance.

Accordingly, the patent will be considered as extended for three months and the foreign national can work peacefully for three months. 3 months later, the foreign national must again pay the NPFL to extend the patent for the following period; thus, the foreign national may extend the patent for any period of up to 12 months, by 1.2,3,4,5, 6.7,8.9,10.11 months in advance if the financial condition allows the advance payment for that period.

The amount of the advance patent payment depends on the region in which the foreign national will work under the patent. A detailed table with the amount of the advance payments across the regions can be found on this page. In order to extend the patent to 12 months, it is very important to pay the advance payment in a timely manner, in the event of non-payment or delay of the advance payment for the patent even for one day, the employment patent will be automatically cancelled and rendered null and void.

On how to make an advance payment to NPFL and pay a patent for work a few months in advance, you will find out on this page. Can you extend a foreign citizens' employment patent after a years' work in Russia without leaving the country? If a foreign citizen has reached the end of the first year of work on a labour patent, he can obtain a new work patent without leaving Russia. Further details on how to extend the work patent after 12 months without leaving Russia is written in this article: How to reform the patent for the next year.

How to verify the authenticity of a work patent? Where to obtain a work patent, who issues a work patent, and where to obtain a work patent? The FMC, as well as in multifunctional public service centres. Also in order to issue a work patent in Russia, a foreign citizen can apply to intermediaries — firms that provide such migration services. Even when a work patent is issued through an intermediary, remember that the State can have a work patent. You are the only one who can obtain it!

And you can always check the validity of your patent. Beware of fraudsters.

However, before the process of collecting and submitting documents to the migration authorities, it is important for a foreign citizen to comply with all the features of the migration legislation at the time of entry into the Russian Federation. For your convenience, we will try step by step to write down the entire procedure before obtaining a patent for work.

On the day of your entry into the Russian Federation, you are required to file an insurance policy; after crossing the border, you must register a migration register within seven days at your place of residence or at your place of work if you already have an employer. If you are a citizen of Tajikistan, you can register a migration register within 15 days. Next, you will have 30 days to issue a work licence.

What is required for a work patent: to undergo a patent medical commission; to pass a test on Russian language, Russian history and legislation; to issue a DMS policy for the entire period of employment in the Russian Federation; to pay the NPFL patent tax for one month; to make a notary translation of the passport; to fill out a patent application for work; to take photographs.

A list of the required documents will be provided below: 10 days from now, you come to get the patent for work and you get it in person or you get a notice of refusal to issue the patent. When you get the patent for work, you get a document that confirms payment of the advance payment by NPFL. You get a patent for work, what do you do next?

After receiving a migration patent, a foreign national has two months to find an employer and formally engage in employment by entering into an employment contract; if not, the patent will be cancelled; the employer is obliged to notify the authorities of the foreign nationals' employment; after that, the foreign national must carefully monitor the timely payment of the patent for work and make an advance payment to the NPFL on time, since in the event of a one-day delay, the patent will automatically be cancelled.

Also, a foreign national should not forget his or her other migration documents and carefully monitor the duration of their validity and extend them in a timely manner as necessary; the documents for a work patent upon submission to a foreign national will need to prepare the following documents for a work patent: application for a foreign national to download a form; Overseasport; Migration card for entry - work; DMS policy insurance; Medical certificates of absence of illness issued after a patent medical commission; Results of the Russian language, history and fundamentals tests of Russian legislation; Documentation of the foreign nationals' placement on migration registration; NPFL tax tax on a patent; Photo 3x4; INN; Document for payment of a fine in the event that the alien has failed to provide the necessary documents for the issuance of a work patent.

Patent to work: The time limit for the issuance of a migration patent is 30 days from the date of entry of a migrant into the Russian Federation, for which a foreign citizen is required to undergo a medical examination, to test and to collect the necessary documentation to obtain the patent and to submit it to the Migration Department of the Ministry of Internal Affairs.

In the 10 working days following the submission of a package of work patent documents to the State, and a foreign citizen is granted a work licence or notice of refusal; a medical examination for a work patent for a work licence is a compulsory procedure for all foreign nationals who wish to work legally on Russian territory.

Every migrant worker needs to go through a medical commission to obtain a patent because the medical certificate for the patent is issued only after the examination and without it you cannot file a package of patent documents because it will not be complete.

Thus, for a foreign citizen, a medical commission on a work licence is a mandatory and necessary condition for obtaining the right to work in Russia. What is the composition of the medical commission and what checks it for obtaining a patent? A medical examination for a work licence for foreign nationals consists of the examination of migrants for the identification of diseases that are dangerous to others and for examination by doctors: a therapist, a fitiatrist, a dermathenerologist and a drug psychiatrist.

In the course of the patent procedure, a foreign national will have to take a blood test for HIV, syphilis and a clinical blood test, in addition to which the foreign national will have to take a urine test for psychotropic substances and a general urine test, and a fluorographic examination of the thorax will have to be carried out. In the event that the foreign nationals' medical commission for the patent detects infectious diseases that pose a danger to others, the alien will naturally be denied a work patent because these data will be included in the medical certificate required for the work that the foreigner submits in the package of documents of the Ministry of Internal Affairs Department of Internal Affairs.

Thus, on the basis of the results of the patent medical commission, a foreign national obtains the documents necessary to file a patent with the Ministrys' Department of Internal Affairs, without which it is not possible to issue a patent: certificate of medical examination of a foreign national; certificate of non-HIV infection.

Patent examination: Testing for a work patent to obtain a work patent in Russia requires a foreign citizen to pass a patent examination and obtain a State examination certificate with the results necessary to apply for a patent.

The tests for foreign nationals to obtain a patent are examinations in Russian, Russian history and basic Russian legislation. In other words, the patent examination for migrants consists of three modules: Russian, history, basic Russian legislation. The Russian language patent test consists of five sections: Lexica.

Grammatical 25 assignments with 15 minutes; reading 10 assignments with 15 minutes; auditing 10 assignments with 15 minutes; letter 1 with 15 minutes; speaking with 10 minutes.

The Russian history patent examination consists of 1 test with 10 questions; the basic legislative examination of the Russian Federation is also 1 test with 10 questions; the Russian history patent test is 15 minutes; the same time is allocated to the basic legislation patent examination: this migrant test also needs to be passed in 15 minutes; the patent test and examples: the migrant patent test questions are below; you can look at examples of work patent testing issues that migrants are taking.

Russian Unit: Examples of Russian-language test questions for migrants.

Patent to work of a foreign national

To discuss a work patent in a migration forum, what is a work patent in Russia? A work patent for foreign nationals is a work permit for non-visa-free foreign nationals in Russia. In other words, a work patent for migrants is a document required by every foreign citizen who comes to Russia in a non-vise manner, who plans legally to work in the territory of the Russian Federation.

If a Ukrainian citizen is in the territory of the Russian Federation with refugee status, he or she does not require any permit documents, including a patent, for work in the Russian Federation; if the purpose of entry into the country and completion of the migration card has been specified, then a Ukrainian citizen must obtain a patent for work in the Russian Federation on a mandatory basis.

Now, the main document for a foreign worker is a patent, which requires a medical examination, fingerprints and an examination, not just a Russian language test, but a one-stop call to the Moscow Regional Migration Centre, and hundreds of people have come here to get permission to work.

New rules for migrant workers have been introduced in Russia

The Labour Patent for Foreign Citizens 7 May-Kom needs a work patent in Russia? The Labour Patent for Work is a work permit for non-visa-free foreign citizens in Russia. This document is required for everyone who comes to the Russian Federation without a visa, who plans to work legally in the territory of the Russian Federation. The Labour Patent can be employed both in the staff of a legal person and in the employment of a natural person. The Labour Patent is required for all non-vise foreigners, with the exception of nationals of the countries of the Eurasian Economic Union: Belarus, Kazakhstan, Armenia and Kyrgyzstan. The territory of the Labour Patent for Work from the year on employment in the Russian Federation has a territorial link for foreign nationals, i.e. the work patent specifies its territory. This means that it is legally possible to work under a patent exclusively in the territory listed in the document. A foreign citizen cannot work in Moscow and the Moscow region on a single patent, as the patent grants you the right to work only in the territory of the constituent entity of the Russian Federation in which it was issued. However, according to the legislation in force, the foreign citizen has the right to obtain two patents for the labour activity of each Moscow region of the Russian Federation.

How to obtain a patent for work in Russia

According to our article, we have tried to elaborate as much as possible on the work patent for foreign nationals and how to officially obtain it for legal work in Russia. From our article, you will learn how and where to issue a work patent, what work patent documents are needed, who issues work patents for migrants, the rules for obtaining a work patent in Russia, how to pay NPFLs' labour patent tax, the duration of its validity, as well as find patent application forms and patent models of the year, and a step-by-step instruction to obtain a work patent. For a more convenient movement under the section, you can use the navigation:. What is a job patent in Russia, who needs a work patent in Russia in the year, which gives a work patent to foreign nationals in the Territory.

The work patent for foreigners is a special permit for a foreign citizen to work for legal persons or to employ a private person, and our company will help the migrant to obtain a work patent for both work for a legal person in a company and work for a natural person in an employment.

The choice of the type of contract depends on the length of the period of employment of a foreign worker; if a foreign worker is required to work from May to September, or to build a garden house, the contract is preferable; the employment contract implies much more obligations for the employer because the labour relationship is regulated by the Labour Code; under the current legislation, foreign nationals temporarily staying in the Russian Federation are not covered by health insurance [3] but are entitled to social insurance under the compulsory social insurance scheme of the Federal Republic of Yugoslavia.

Patent to work - questions and answers

This document is necessary for everyone who has arrived in the Russian Federation without a visa, who plans to work legally on the territory of the Russian Federation, and who can work on the staff of a legal person and on the basis of a natural person. Who needs a patent on work in Russia? All non-vise aliens need a labour patent except nationals of the countries of the Customs Union: Belarus, Kazakhstan, Armenia and Kyrgyzstan.

A patent to work - questions and answers why issue a patent to a foreign national? A patent is required by a foreign national if he/she is going to work with a natural or legal person. A patent also allows a foreign citizen to remain in the territory of the Russian Federation for more than 90 days for each person if the foreign citizen is without a patent or work permit for more than 90 days, he/she may subsequently be prohibited from entering the Russian Federation for up to 10 years. Is it possible in Russia to work without a patent? Yes, if you have a temporary residence permit in the territory of the Russian Federation, then you may be employed in the same manner as Russian citizens.

When a foreign national does not need a work licence

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Do you need a patent for a foreign citizen to work in Russia? A citizen can apply for a new patent for a job without leaving.

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Citizens of which countries need a work patent

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