Who can work in Russia without a labor patent?
Residents of the EAEU do not need to obtain a patent to work in the Russian Federation.
First of all, these are people from states that are members of the Eurasian Economic Union, namely Belarus, Kazakhstan, Armenia and Kyrgyzstan. That is, contrary to the existing fairly widespread opinion, work for CIS citizens without a patent does not apply to representatives of all members of this international entity. For example, migrants from Azerbaijan or Uzbekistan will not be able to find employment without a work permit.
In addition, foreign nationals have this right;
- taking part in the State Program for the Voluntary Resettlement of Compatriots;
- working in consulates, embassies, diplomatic missions of other states in Russia, as well as in international funds and companies. The household staff of such persons (drivers, governesses, gardeners and similar workers) falls under the same clause;
- performing installation, repair and maintenance work on equipment supplied to the Russian Federation as full-time employees of supplier companies and contractors;
- accredited in Russia as foreign journalists;
- who are students of Russian universities and secondary specialized educational institutions and work part-time during the holidays or in their free time from study;
- invited as teachers or researchers engaged in their professional activities in Russia;
- invited to tour, give lectures, conduct seminars and other similar events - but only if the duration of such activities does not exceed 30 days;
- recognized as forced refugees or displaced persons.
Clarification: you can learn in more detail about which categories of immigrants from other countries and under what conditions have the right to get a job and legally perform labor duties without a permit, by studying the contents of Art. 13 of Law No. 115-FZ “On the legal status of foreign citizens in the Russian Federation”.
Who needs and who doesn't need a patent to work in the Russian Federation?
A patent is required for visa-free foreigners arriving, for example, from Ukraine, Uzbekistan, Tajikistan, Azerbaijan, Abkhazia and Moldova .
Foreigners from visa-free countries need a work patent. Photos from free sources
A patent or work permit is not required for employment for citizens of the EAEU: Kazakhstan, Kyrgyzstan, Belarus and Armenia .
Citizens of visa countries (i.e. everyone else) who intend to work in the Russian Federation must obtain a work visa and work permit. In one of our articles we wrote about how to get a work visa to the Russian Federation.
After receiving the status of a temporary or permanent resident of the Russian Federation (TRP or residence permit), any foreigner is freed from the need to obtain a patent or work permit.
In addition, work in Russia without a patent is available to the following categories of persons:
- employees and representatives of diplomatic missions and consular offices;
- employees of foreign legal entities carrying out installation, maintenance work, and warranty service of technical equipment in Russia;
- accredited journalists;
- full-time students of Russian universities who work in their free time from studying;
- scientific and teaching staff of higher education programs invited to the Russian Federation.
Detailed conditions for each of these groups are described in Article 13 No. 115-FZ.
What is the penalty for working without a patent for foreigners?
Carrying out labor activity by a non-Russian without a patent in cases not provided for in Art. 13 of Law N 115-FZ, entails penalties both for the employee himself and for the employer who allowed this.
A newcomer who finds employment in circumvention of the law will be forced to pay a fine to the state for working without a patent. Its size in the regions can range from 2 to 5 thousand rubles. In Moscow, St. Petersburg, Moscow or Leningrad regions, the amount is more impressive - from 5 to 7 thousand rubles.
Please note: if a foreigner breaks the law again, he will not only be fined, but also deported from Russia with a re-entry ban for 5 years. If such a citizen decides to obtain Russian citizenship in the future, this incident may cause a refusal to grant citizenship and issue a passport by the competent authorities.
What is the penalty for employers for working without a patent?
An employer receives even more serious penalties for hiring an illegal alien. For officials from the regions, the fine ranges from 25 to 50 thousand rubles; for violators of a similar category in Moscow, St. Petersburg and the regions, the amount increases to 35-70 thousand rubles.
Legal entity companies will be forced to pay the state from 250 to 800 thousand rubles. These are the amounts established by law for the regions. And firms and enterprises registered in the capital, St. Petersburg or regions of these cities may be fined up to 1 million rubles.
In addition, as a punishment for working without a patent, a ban on conducting business activities for 3 months may be imposed on legal entities as a last resort.
You should be aware that the following work is equivalent to carrying out illegal labor activities without a permit:
- with an expired patent;
- on a falsified document;
- in an area located outside the region in which the patent was issued;
- in a specialty that is not included in the range of professional activities specified in the document.
Sanctions for these violations are similar to those described above.
Why are the penalties for working without a patent so severe?
Thus, the work of foreign citizens without a patent is fraught with troubles both for themselves and for their employers. The rather harsh legislation in this area is due not only to the fact that the state seeks to receive payment from a foreigner and his employer. It is also aimed at legal and social protection of workers who come to Russia from abroad.
Often, illegal immigrants who decide to save money on purchasing a patent find themselves completely powerless before those who hired them. Such migrants are typically paid less than official employees, may delay the payment of earnings, or otherwise unilaterally violate the terms of employment. They are deprived of vacations, days off and sick leave, and in the event of an unjustified dismissal, an illegal employee has no reason to appeal to the labor inspectorate for justice. Registration of a labor patent will allow you to avoid such troubles and build labor relations with the employer as is customary in a civilized society.
- How to check the readiness of a work patent?
- How to check a work patent for foreign citizens?
- Patent renewal for foreign citizens
- How can a foreign citizen obtain a work permit in the Russian Federation?
Work without a patent for foreign students. New scheme for obtaining citizenship.
Cancellation of patent payments: what will the new Decree of the Government of the Russian Federation give to migrants
The Russian Federation of Migrants has managed to achieve positive changes for migrants. The “No money for a patent” campaign launched by the FMR received several thousand responses from migrants. Foreign citizens told what a difficult situation they are in now, how they are surviving in Russia on their last means, and how they are waiting for easing and understanding from the Russian government.
President of the Federation of Migrants of Russia Vadim Kozhenov appealed to the Chairman of the Government of the Russian Federation Mikhail Mishustin with a request to cancel payment for a labor patent during quarantine measures and consider the possibility of introducing a special decree regulating the rights of migrants during non-working hours. The public figure noted that foreign citizens have become hostages of circumstances and, due to the inability to fly home, are forced to remain on the territory of the Russian Federation without the possibility of regular income.
Vadim Kozhenov’s appeal was heard by the Government of the Russian Federation and on April 18, 2021, the corresponding Decree No. 274 “On temporary measures to regulate the legal status of foreign citizens and stateless persons in the Russian Federation in connection with the threat of further spread of the new coronavirus infection (COVID-19)” was signed. . In his video message to foreign citizens, the President of the Russian Federation of Migrants spoke about the provisions of the new document.
According to the Decree, the validity of all documents from March 15 to June 15 is considered suspended. All this time, foreign citizens do not need to take any actions, including no need to contact government authorities to extend their temporary stay, visas, registration, temporary residence permit, residence permit, work permits, patents and other documents.
“If on March 15 you had a valid registration, patent, temporary residence permit, residence permit and any other documents, you were in Russia legally, then the next day after March 15 is June 16. These three months will not be counted in future accounting,” explained Vadim Kozhenov.
There are no relaxations for migrants who were in Russia illegally on March 15. After June 15, appropriate measures will be taken against these foreign nationals in accordance with the level of their violations.
Vadim Kozhenov added that these measures should not be perceived as a migration amnesty: “Many illegal migrants were expecting some kind of amnesty in connection with the crisis situation. No, there will be no amnesty."
The new Decree of the Government of the Russian Federation provides more opportunities for employment of migrants. Foreign citizens who arrived on the territory of the Russian Federation not for the purpose of work and who do not have permits or patents can legally work in Russia without any special documents.
“Employers and customers can attract such foreign citizens on the following conditions: compliance with legal requirements, including compliance with established restrictions and other measures aimed at ensuring the sanitary and epidemiological well-being of the country,” the document explains.
In order to hire a foreign citizen from a visa country, the employer needs permission to attract and use foreign workers. Vadim Kozhenov added that employers must ensure proper working conditions and ensure that there is no outbreak of coronavirus.
From March 15 to June 15, 2021, decisions will not be made establishing the obligation of citizens to leave the Russian Federation, namely: undesirable stay, refusal to enter, administrative expulsion, deportation or readmission. There will also be no cancellation of visas, temporary residence permits, residence permits, work permits, patents, certificates of the State Program to Assist the Voluntary Resettlement of Compatriots in the Russian Federation, reduction of the period of temporary stay or deprivation of refugee status or temporary asylum.
For citizens with a temporary residence permit, residence permit or State Program certificate living abroad, who are now in the territory of another state and cannot return to Russia, the period of stay will also be suspended.
“Thus, these documents issued to foreign citizens who now, for objective reasons, cannot return to Russia and will be abroad for more than 180 days, will not be canceled,” explained Vadim Kozhenov.
