Registration of a patent in 2015

Primary set of documents for applying to Sakharovo for a work patent

It is enough to have a few documents with you:

Passport.
The migration card that you filled out at the border (your documents will only be accepted if “Work” is underlined on the card for the purpose of the visit ).
Migration registration (after entering the country you need to complete the registration procedure within 7 working days).

In general, the list of documents for a patent is more extensive. But when applying for a patent to work in Moscow through Sakharovo, the remaining papers can be obtained on the spot.

Remember about the deadlines for submitting papers for a labor document. You need to have time to apply for a patent within 30 days from the moment you cross the border with the Russian Federation.

In 2015, migration legislation underwent significant changes; the President signed Federal Law No. 357-FZ “On Amendments to the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” and certain legislative acts of the Russian Federation.”

These amendments to the law, from January 1, 2015, cancel the quota system for labor migrants coming to Russia from “visa-free” countries and allow migrant workers to work under patents for both individuals and legal entities; the above amendments will affect all foreign citizens. Obtaining a patent to carry out labor activities in the Russian Federation will become more difficult and expensive.

Many have heard about the new rules for registering a patent, as well as about the advantages that this document provides, but no one went through the jungle of this process in 2015.

ATTENTION! At the same time, the old patent issued to a foreign citizen in 2014 is valid for the period of its renewal. Those. If you paid for the patent issued to you for the month of January 2014, it will be valid until 01/31/2015, after which you need to cross customs control. Also, if you paid for a patent issued to you for three months in December 2014, it will be valid until March 31, 2015.

Patents issued in 2014 are not subject to renewal.

Due to the fact that labor licenses issued in 2014, for the most part, cease to have legal force in January 2015, most citizens find themselves in a situation where they may be fined or even subject to administrative expulsion for violation of the migration regime.

This happens, firstly, because the above information is not distributed to foreign citizens. The system is not streamlined; even the migration service itself does not know a clear answer. This fact plays into the hands of the Office of the Federal Migration Service; misinformation leads to more people being subject to administrative fines or administrative expulsion from the territories of the Russian Federation.

Secondly, even if a foreign citizen has recently crossed the customs border and in some way received complete information about the steps necessary for him to obtain a patent, he will not be able to provide all the necessary documents within the deadline. This is due to the fact that at the moment (as of January 2015) in the territory of Moscow and the Moscow region, documents for registration / obtaining a patent are not accepted by any regional Multifunctional Centers (MFC); nor by the branches of the Federal Migration Service of Moscow districts.

One of the FMS inspectors explained the following: “Documents for registration of patents will be accepted by special commissions for districts; to date, commissions have not been formed, at the moment no one is accepting documents until further notice.”

Thus, a foreign citizen/migrant worker, when applying to the district offices of the FMS or the MFC, is put in the situation “Go there - I don’t know where, bring that - I don’t know what.”

However, let's say the process has been established. So where to go? What documents should I submit? What are the deadlines?

Let's look at these questions in order:

Step 1. Entry into the Russian Federation

The only document that you are given after passing customs control at the border is a “migration card”, which indicates the purpose of the visit, in this case the purpose of the visit is “work”, but remember that there may be several purposes for the visit.

Step 2. Registration at the place of stay

Every foreign citizen arriving on the territory of the Russian Federation is required to register at the place of stay / register for migration within 7 (seven) days.

ATTENTION! In accordance with the new rules, documents for registration of a patent will not be accepted if the citizen has registered by post. Registration should be carried out only through the regional branch of the Federal Migration Service or the MFC.

Step 3. Find out where exactly in your area/district documents are being submitted

This can be done at the time of registration with the MFC or the FMS branch in the region. This information is also provided via hotlines. The contact number can be found on the website of the Federal Migration Service for the city of Moscow.

Step 4. Collection of necessary documents

The most important step in obtaining a patent for labor activities. At this stage you need to put maximum effort and minimum time.

When applying for a patent, the following package of documents is provided:

1. Notarized translation of the passport.

(make sure that when translating all data is correct, an extra letter or inaccurate number and documents WILL NOT BE ACCEPTED; on the first sheet it should be written that “translated from English, French, Georgian, Chinese, etc. into Russian” B MANDATORY)

2. Original passport for presentation to the inspector or employee accepting the documents.

3. Original and copy of Taxpayer Identification Number (TIN).

4. Copy of the migration card.

5. A copy of the registration of a foreign citizen at the place of stay / document on migration registration.

6. Voluntary medical insurance policy.

7. Certificate of absence of dangerous diseases.

8. Document on knowledge of the Russian language, history and law.

Step 5. Fingerprinting

After all your documents are accepted, you will be given a certificate to undergo fingerprinting, which will indicate the date and time of the procedure. The staff will tell you the address on the spot.

Step 6. Payment and obtaining a patent

If your documents were accepted and a date and time for fingerprinting were set, you need to pay an ADVANCE PAYMENT. Payment is made within 3 to 10 days from the date of submission of documents. The advance payment rate for Moscow and the Moscow region is 4,000 (four thousand) rubles. Performed at a Bank branch. The patent term is automatically extended.

When making an advance payment for personal income tax, in order to correctly identify it and extend the validity of the patent, an INN (foreign citizen) is required.

Step 7. Notification of the FMS about the conclusion of an employment contract

After successfully passing all the tests, you have a patent in your hands and now you only need to notify the authorized body that you have concluded an employment contract. The notification is submitted in person or sent by a foreign citizen by mail within 2 (two) months from the date of receipt of the patent.

Notification is required only for foreign citizens working/concluding an agreement with a law firm.

Foreign citizens who have entered into an agreement with an individual do not have the obligation to notify the Federal Migration Service.

Plamadyala Irina

Step-by-step procedure for obtaining a work patent for foreign citizens in Moscow

To get a work document, you will need to visit Sakharovo twice . On your first visit, you will submit documents and go through the necessary procedures: medical examination, testing, fingerprinting. On your second visit, you will pick up the finished patent. We tell you step by step how everything happens.

Submitting an application

Having entered the MMC, you need to take a coupon for submitting documents, photo from the MMC video.
Upon arrival at the MMC, you will need to take a coupon for submitting primary documents for a patent. Wait for your turn (the numbers of those waiting are displayed on electronic boards above the windows where reception is carried out). Go to the window above which your ticket number is displayed and submit the above papers to the inspector.

After checking your documents, you will be given a bracelet. With its help, you will be able to enter different areas of the migration center (the bracelet is applied to the scanner at the turnstiles).

The bracelet is applied to the turnstile scanners, photo from the MMC video

Medical examination, exam, fingerprinting

To obtain a patent to work in Moscow, a foreign citizen must undergo a medical examination, a Russian language test, fingerprinting, be photographed and issue a VHI policy. All this can be done directly at the MMC on the day of application. Therefore, after submitting the primary documents, the foreigner pays for additional services and undergoes mandatory procedures.

When passing a medical examination, you will need to take an X-ray of your lungs, talk to a TB doctor, narcologist, therapist, and donate blood.

During the medical examination you need to donate blood and take an x-ray, photo from the MMC video

Testing for a patent to work in Moscow can also be taken at the migration center. The exam checks whether a foreigner is able to understand Russian speech at an elementary level, read, speak Russian, and whether he is familiar with the history of Russia and basic laws. In another article, we talked in detail about the patent exam and gave examples of questions that are encountered during it.

Next, you will need to take fingerprints, take a photograph and obtain a VHI policy. Please note that a foreign citizen has the right to apply for a policy at any insurance organization, and not just through MMC.

All procedures take about two to three hours.

Waiting for the patent to be ready

You don’t have to wait long for the document - according to the law, the migrant must be informed of the decision within 10 days . In Moscow, a foreign citizen can find out whether a work patent is ready in several ways:

via SMS - Sakharovo employees send the applicant an SMS message stating that the document is ready;
through the MMC website - in the header of the site there is a section “Services”, with which you will find out at what stage the consideration of your application is. It is enough to enter the application number for the labor document and the system will tell you whether the patent is ready or not yet;
when applying in person to the IMC - to do this you need to go to the area where documents are issued. It is called sector "Y1" .

Obtaining a finished patent in Sakharovo and making the first payment

The second time you will need to come to the MMC to pick up the completed document. You must pay for the patent immediately. The contribution can be made at least a month in advance, and a maximum of 12 months in advance.

Grounds for the legal stay of a foreigner in Russia

Foreign citizens who arrive from visa-free countries in the Russian Federation have different purposes for their stay in the country.

A foreigner arriving in Russia is obliged to contact the local migration service office within the prescribed period.

The following documents will help a visa-free foreigner stay legally in the country: a correctly completed migration card, a temporary residence permit (TRP) in the Russian Federation, a residence permit or a work patent.

Foreigners who have received an invitation, asked for temporary asylum or have received refugee status, as well as persons who have received citizenship, can also legally stay on the territory of the Russian Federation.

How much does a patent cost to work in Moscow in 2021?

In 2021, in the capital, migrants need to pay 5,341 rubles . This is the amount per month of patent validity. In another article, we talked in detail about how the price of a patent is formed and in what time frame payments must be made so that it is not cancelled.

Having received a patent in Moscow, a foreign citizen must remember the need to notify the migration authorities about his employment. To do this, you need to provide a copy of the contract concluded with the employer. The procedure is given two months. If you do not submit a copy of the contract to the Ministry of Internal Affairs during this period, the employment document will be cancelled.

Duration of validity, issue and renewal of a patent

A work patent is issued to foreign citizens within ten days from the date of filing an application for it.

This document is issued at the local branch of the Migration Service of the Russian Federation for a period of 1 month to a year.

The validity period of this patent can be repeatedly extended for a period of 1 month, but the total validity period of this document cannot exceed more than one year from the date of its issue.

You can extend the expiring validity period of an issued work patent by paying a fixed advance payment.

In this case, you no longer need to contact the migration service.

In case of non-payment of the state fee, the validity period of the issued patent is terminated.

It should be noted that each subject of the Russian Federation has the right to indicate in the patent the profession, specialty or type of work activity of a specific foreign citizen.

In this case, the foreigner has the right to work only within the profession or specialty and position that are indicated in the patent.

A patent is issued to foreign citizens in person upon presentation of a passport, as well as upon availability of a document confirming payment of the state fee for the period of validity of the patent.

The amount of this payment in 2015 is 1,568.40 rubles. per month.

It must also be said that each subject of the Russian Federation has the right to establish an additional coefficient on which the amount of the above payment is indexed.

A patent provides an opportunity for a foreigner to work only in the territory of the constituent entity of Russia in which it was issued.

If a foreign citizen intends to work in the territory of another subject of the Russian Federation, then he will need to apply for a patent to the territorial district of the migration service of the subject in which he intends to work.

In this case, the 30-day deadline for submitting documents is no longer required.

In this case, the foreign citizen will be required to provide to the Federal Migration Service of Russia:

patent application;
passport and its notarized translation into Russian, certified by a notary;
two photographs measuring 3 x 4 cm;
a receipt for payment of the state duty that he paid for the previous patent;
medical insurance;
certificates confirming the absence of dangerous infections and illnesses.

The validity period of a new patent cannot exceed the validity period of the previous one.

A foreign citizen who works for an individual or legal entity is obliged to provide a notification to the local migration service of the Russian Federation with a copy of the employment contract within two months from the date of issue of the patent.

If a foreign citizen expresses a desire to work in the Russian Federation for more than 12 months, he can re-issue a patent.

He must do this no later than 10 days before the expiration of the original patent.

When re-registering a patent, a foreigner must, in addition to the main package of documents, also provide a petition from the employer, as well as the employment contract that he concluded with him.

The number of applications to the migration service cannot exceed once, as during the initial registration of a patent.

A new patent can also be renewed for a period of 1 month to a year.

The total period of its validity, including all extensions, cannot exceed more than 1 year from the date of renewal.

The validity period of this patent, as before, is considered automatically extended if the foreign citizen has paid the state fee.

In this case, you no longer need to contact the migration service.

In case of damage or loss of a patent by a foreign citizen, he is given the right to apply to the local migration service authority for a duplicate.

If a foreigner was refused to re-register or issue a patent, or the issued patent was cancelled, then such a citizen has the right to apply for a patent again, no earlier than 12 months from the date of cancellation or refusal of the patent.

How to sell an idea?

Having figured out how to patent a business idea in Russia, you need to think about increasing its commercial value. It will not be possible to make money on a new product without making efforts: it is unlikely that potential buyers will notice the new patent themselves and contact the author with an offer. Therefore, it is necessary to find them and convince them that the idea can be useful for business. How to do it:

Create a website with a presentation of your idea. Links to this resource should be left on specialized forums, in thematic communities and on message boards;
Create your own channel on YouTube. Here you need to publish a series of videos describing the essence of the idea, its advantages, methods of application of the invention;
Submit a public application. This is done by Rospatent, which posts information on the author’s readiness for sale on its resources and in newsletters;
Register on specialized foreign services that place offers for the sale of patents;
Contact patent brokers. There are few of them in Russia yet, so the author will probably have to work with European or American intermediaries.

Where can you patent an idea?

There is only one instance where you can patent an idea in Russia - the Federal Institute of Industrial Property under Rospatent of the Russian Federation. To apply for a patent, you need to send here a complete set of documents for the invention in any convenient way:

Take it personally, send it by mail or courier service to the address Berezhkovskaya embankment, building 30 building 1, Moscow, 125993, Russian Federation;
Send by fax to FIPS +7 (495) 531-6318, and then deliver the original documents within a month in any convenient way;
Go to the website www.fips.ru, where you can patent an idea if you have a personal digital signature;
Use the State Services portal (www.gosuslugi.ru), where the necessary operation is available in the “Obtaining a patent for an invention” section.