Receipt procedure
- At the border, the migration card is filled out; in the “Purpose of entry” column, write “Work”. After which the citizen is given a month to apply and obtain a patent.
- You must register at your place of stay seven days in advance.
- Next, collect a package of documents necessary to obtain a patent:
- Conclusion of the medical commission about the absence of diseases.
- Passing a test on knowledge of the Russian language, Russian history and the basics of legislation.
- Obtaining an additional medical insurance policy for the duration of employment in the Russian Federation.
- Receipt for payment of personal income tax on a patent for 1 month (can personal income tax be returned and what other taxes and insurance premiums will have to be paid?).
- International passport and its translation certified by a notary.
- Document confirming the registration of a foreigner for migration registration.
- Passing a fingerprint examination.
- Filling out an application for a work patent.
- Photos 3x4.
- Next, you need to contact the Main Department of Migration Affairs of the Ministry of Internal Affairs or the MFC (multifunctional center). The document itself or a refusal to receive it is issued after 10 days. You can contact a specialized company, but you should read the reviews in advance so as not to run into scammers.
Citizens of the DPR and LPR will have their patent to work in Russia revoked
In addition, you will need to issue a receipt for the patent and avoid making any mistakes. Receipt is carried out on a general basis. If you do not have time to do everything within the deadline, which is established by law as 30 days from arrival, you will be required to pay a fine of up to fifteen thousand Russian rubles.
The FMS requires you to submit copies and originals of your passport, a Russian language certificate, Taxpayer Identification Number (INN), data on registration with the tax service, a health insurance policy for a temporary residence permit, a medical examination passed, take several standard passport color photographs and have all documents certified by a notary. Personal income tax must be paid. A work patent for refugees from Donbass and Ukraine can be obtained no later than ten working days from submitting all documentation and writing the appropriate application.
What to do in case of refusal?
They may refuse in the following cases:
- Providing incomplete or false information by the applicant.
- Temporary suspension of the issuance of patents in a given region or throughout Russia.
- Facts of involvement in extremism or a threat to the security of the Russian Federation.
- Expulsion of a person from the Russian Federation less than 5 years ago before applying for a patent, ban on entry.
- Have an active criminal record.
- 2 or more administrative offenses for violating the rules of stay and residence in the Russian Federation per year.
- Dangerous diseases, which include drug use, HIV infection, tuberculosis.
Grounds for revocation of a patent:
- If a foreigner has written an application to renounce a patent.
- Late submission of notice of conclusion of an employment contract.
- Failure to pay an advance payment by the expiration date of the previous paid period. A delay of one day will invalidate the patent (find out about the validity and renewal periods of the patent here).
- The employer provided false information.
If a patent was refused, you can apply for a new one only after a year has passed . The refusal is provided to the applicant in writing, indicating the reason.
If a person is sure that the decision to cancel or refuse to issue a patent was made illegally, he needs to appeal this decision. It is better to consult a good lawyer. An appeal can be made out of court or in court. Here are the reasons for this:
- The deadline for registering an application or providing a service was violated (within 10 working days).
- The employees demanded to provide documents not required by law.
- Unproven assumptions about a citizen’s involvement in extremist activities.
- Inaction of the registration authority.
The pre-trial complaint is submitted to the Main Directorate for Migration of the Ministry of Internal Affairs in 2 copies . Reviewed within 15 days. If the complaint does not help, you need to go to court at your place of residence and provide evidence. For example, if you were refused due to illness, you can do an independent examination. The period for filing an application with the court is 3 months.
Important! If a person’s documents were not accepted by the Main Department of Migration Affairs of the Ministry of Internal Affairs for some reason, you must request a written refusal indicating the reason.
Rules for the employment of residents of the LPR and DPR in Russia
Dismissal procedure The legislation regulating the legal status of foreigners in the Russian Federation, like the Labor Code, does not contain any special conditions or grounds for terminating an employment relationship with a foreigner. In the context of this, it is logical to assume that the dismissal of a foreigner, including a citizen of the LDPR, is possible only on the general grounds provided for by the Labor Code. In particular, termination of the contract is possible:
- at the mutual desire of the parties in the cases provided for in Art. 78 TK;
- at the end of the period during which it was in effect;
- at the initiative of the employee - in cases provided for in Art. 80 TK;
- at the initiative of the employer - in cases provided for in Art.
Nuances and pitfalls
Documents issued by the authorities of the DPR or LPR have a special status, therefore employees of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation, when they take applications for a patent, put a mark on it . According to Decree of the President of the Russian Federation dated February 18, 2017 N 74, the above documents are recognized as valid, but temporarily, until a political settlement of the situation, i.e. in the future, these passports may lose their validity as identity documents.
Cases have been recorded when border guards did not issue migration cards to citizens of the DPR and LPR. This is due to the Agreement between the Government of the Russian Federation and the Cabinet of Ministers of Ukraine “On the procedure for crossing the Russian-Ukrainian border by residents of the border regions of the Russian Federation and Ukraine.” Residents of border areas do not have to fill out a migration card. Usually border guards ask if you need a card, so just ask for it.
Decree of the Government of the Russian Federation dated August 16, 2004 N 413 “On the migration card” states that it is issued only upon entry into the country. You can contact the Main Department of Migration Affairs of the Ministry of Internal Affairs and find out if they can help, but it is best to re-enter and exit.
The migration card is issued only at the border checkpoint in the presence of the applicant. To receive a new migration card, you just need to go to the border checkpoint. Border control marks must be present on the map.
also necessary to be careful about the length of stay , especially if the card was issued printed (this is done in cases where a person does not speak Russian).
According to Art. 25 Federal Law No. 114 of August 15, 1996 “On the procedure for leaving the Russian Federation and entering the Russian Federation” foreigners who do not have documents confirming the right to stay in the Russian Federation are in the country illegally and can be brought to administrative responsibility (Administrative Code of the Russian Federation , Article 18.8).
You must write in the “Purpose of visit” column – “Work” . There is no way to change this goal. You will have to leave and re-enter, filling out a new migration card.
Do citizens of Donbass need a patent?
Dismissal procedure The legislation regulating the legal status of foreigners in the Russian Federation, like the Labor Code, does not contain any special conditions or grounds for terminating an employment relationship with a foreigner. In the context of this, it is logical to assume that the dismissal of a foreigner, including a citizen of the LDPR, is possible only on the general grounds provided for by the Labor Code. In particular, termination of the contract is possible: This fact will be taken into account when issuing you a work permit. If you write another purpose, for example, “tourism,” they will return the document to you and refuse to issue a patent.
Sample of a completed migration card If you incorrectly indicate your goals, you may be subject to sanctions, including expulsion from the country, if controlled by migration services. If you lose your card, you must immediately contact the appropriate authorities, since staying on the territory of the Russian Federation without a migration document is illegal. The fine for such an offense can reach up to 5,000 rubles. Do residents of Donbass need a patent for work? Citizens are registered and issued documents for legal stay in the territory of the Russian Federation and subsequent receipt of temporary residence permit, residence permit, citizenship and labor patent.
After preparing documents for obtaining a permit for a EP, you can already prepare documents for a working patent. For employees carrying out labor activities on the basis of a work permit, the personal income tax taxation procedure has not changed. Despite the fact that temporarily staying IGs working on the basis of a patent pay personal income tax at a rate of 13 percent, they are not provided with deductions. To receive, for example, the standard child deduction, you must acquire resident status. Temporarily staying foreign workers working on the basis of a work permit still pay personal income tax, depending on whether they are residents or non-residents.
Thus, an individual working on the basis of a patent had to pay personal income tax at a rate of 13 percent (paragraph 3 of paragraph 3 of Article 224 of the Tax Code of the Russian Federation), a foreigner working on the basis of a work permit - depending on their status. The Federal Law “On Refugees” is provided to persons who have a well-founded fear of becoming a victim on racial, ethnic, linguistic, national, religious and other grounds in the territory of their country and who cannot benefit from the protection of their state. Read more about how refugee status is obtained.
Work without a patent will be possible for citizens of the DPR if they receive temporary asylum in the Russian Federation. In addition, you will need to issue a receipt for the patent and avoid making any mistakes. Receipt is carried out on a general basis.
If you do not have time to do everything within the deadline, which is established by law as 30 days from arrival, you will be required to pay a fine of up to fifteen thousand Russian rubles. The FMS requires you to submit copies and originals of your passport, a Russian language certificate, Taxpayer Identification Number (INN), data on registration with the tax service, a health insurance policy for a temporary residence permit, a medical examination passed, take several standard passport color photographs and have all documents certified by a notary. Personal income tax must be paid. A work patent for refugees from Donbass and Ukraine can be obtained no later than ten working days from submitting all documentation and writing the appropriate application. Android Select language Current version v. 198 The abolition of labor patents for residents of Donbass “raises a lot of questions.” Also, according to the expert, this initiative raises a number of questions, the answers to which Russia has not yet decided on at the state level. He came to the conclusion that it is possible to pass a bill abolishing labor patents for residents of Donbass, but there is no need to rush into this until all the mechanisms for the operation of this law have been worked out.
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Alternative Paths
This area is located in the southeast of Ukraine, and all visitors from there can apply to Russia for temporary asylum status. Such persons have the right to work without obtaining permits.
At the same time, the quota for issuing work permits to foreigners does not apply to refugees, according to the Decree of the Government of the Russian Federation dated September 2, 2014 N 886 “On amendments to the Decree of the Government of the Russian Federation dated October 31, 2013 N 977.
You can also get:
- Residence permit or temporary residence permit. Find out in a separate article about whether it is possible not to apply for a patent if you have a temporary residence permit or residence permit and who still needs this document.
- Temporary migrant or refugee status.
To do this, a person needs to contact the Main Department of Migration of the Ministry of Internal Affairs or the Russian representative office. Citizens with these statuses may not receive a work patent.
Unlike the owner of a patent, a refugee cannot leave the Russian Federation in accordance with Article 12 of the Federal Law of February 19, 1993 No. 4528-I “On Refugees”, otherwise he will lose this status.
In connection with Presidential Decree No. 183 of April 24, 2019, residents of Donbass can also obtain Russian citizenship in a simplified manner.
We invite you to read other materials about the specifics of employing foreigners with a patent and how to check the validity of this permit. Also find out all the details about paying for a patent and responsibility for working in the Russian Federation without it.
Changes for residents of the LPR and DPR Patent for residents of Donbass
For employees carrying out labor activities on the basis of a work permit, the personal income tax taxation procedure has not changed. Despite the fact that temporarily staying IGs working on the basis of a patent pay personal income tax at a rate of 13 percent, they are not provided with deductions. To receive, for example, the standard child deduction, you must acquire resident status. Temporarily staying foreign workers working on the basis of a work permit still pay personal income tax, depending on whether they are residents or non-residents.
Thus, an individual working on the basis of a patent had to pay personal income tax at a rate of 13 percent (paragraph 3 of paragraph 3 of Article 224 of the Tax Code of the Russian Federation), a foreigner working on the basis of a work permit - depending on their status.
Possible changes in legislation
Although it will be submitted to the State Duma for consideration in 2021. Bill No. 434992-7 was introduced to cancel the patent for the above persons, however, changes to Art. 13 Federal Law-115 have not yet been adopted.
It is worth knowing that you cannot purchase migration cards and registration in person, so as not to become a victim of scammers. Otherwise, it is not so difficult for citizens of unrecognized republics to obtain a patent.
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Work patent for citizens from Donbass
In a small document you need to correctly enter information about yourself. The abolition of labor patents for residents of Donbass “raises a lot of questions. All columns must be filled in exclusively with reliable information about you. Return to contents Watch the video: how to correctly fill out an application for a temporary residence permit. The party receiving you is legally obligated to contact the FMS within a week after your arrival.
You either need to recognize them and give them a special status, or not,” Kasimov said. He came to the conclusion that it is possible to pass a bill abolishing labor patents for residents of Donbass, but there is no need to rush into this until all the mechanisms for the operation of this law have been worked out. “Of course, for humanitarian reasons, we need to help these people. But a question arises, because not all residents of Donbass are included in the ATO zone where military operations are taking place. Some are located in continental Ukraine. And how then, give everyone [special status]?
A lot of questions arise to which, I think, the author of this bill has no answers. Work patent for residents of the DPR and LPR Attention PHOTO: LPR passports // politobzor. net The expert told NSN what difficulties may arise if a law abolishing labor patents for residents of Donbass is adopted. The temporary rules approved by this resolution do not apply to persons who have applied for temporary asylum in the territory of the Moscow region and Moscow, with the exception of persons living in residential premises on the territory of the specified constituent entities of the Russian Federation with relatives (parents, children, grandfathers, grandmothers, grandchildren, brothers, sisters) - citizens of the Russian Federation, foreign citizens and stateless persons who have the right to reside in the Russian Federation. “It follows from this that if you come to Moscow or the Moscow region, where you do not have relatives who have their own housing, then you will not be given temporary asylum in Moscow. You need to apply for it if you live in any other subject of the Russian Federation (from Kaliningrad to Magadan), but not in Moscow or the Moscow region.
Donetsk, September 14 – DA Info Pro. One of the frequently asked questions by immigrants is questions about obtaining a patent to work in Russia, as well as what benefits will be provided to immigrants from the DPR and LPR. Practice has shown that there are no special concessions and one has to obtain a patent on a general basis.
You need to know: without a patent, you cannot work officially in Russia. How to obtain a patent for citizens of Ukraine from Donetsk? A month after entering the country, Ukrainians are required to apply for a patent. They are given a month; if longer, a fine of 10 to 15 thousand rubles is imposed. Work patent for residents of the DPR and LPR Important To the migration service to obtain a patent for residents of Donbass, you must provide: a document confirming normal knowledge of the Russian language and the basics of law, Taxpayer Identification Number, tax registration certificate, health insurance policy, certificates of passing a medical examination, certifying the absence of drug addiction, HIV, and infectious diseases.
Return to contents Information included in a patent A patent is a carrier of information about you as a citizen working on Russian territory.
Procedure for Registration of a Patent for Residents of Donbass
Donetsk and Lugansk people's republics, quoting the same Peskov: “This is not the official recognition of passports, we are talking about individual decisions that could be made by municipal, local authorities, as well as various companies, based solely on humanitarian considerations, guided by the need for truly humanitarian assistance by this people who live in the regions of Donbass,” the Decree will allow us to stop discrepancies between regions, because it often happened that a person, tired of war, and having listened to the advice of his friends and acquaintances that “with a Donetsk passport, everything was issued for us without problems, come on too,” when arriving in another city in Russia, I was faced with the negativity of officials and the refusal to register on “your piece of paper - I didn’t understand how this could happen? After all, in the neighboring region the documents were well accepted...Do you need a patent for work in the Donbass? It also happens that a patent is rejected, but these are rare exceptions related to previously committed offenses in the Russian Federation. How much do you need to pay?
Residents of Donbass must pay the cost of obtaining a patent in full. This includes 2000 - 3000 rubles for a medical examination, 1500 - 3000 rubles for notarizations, from two thousand to pay for a medical policy and from 12,000 for courses and testing on language and legislation. If a person is employed under a patent, then he will be able to leave the country only with a foreign passport, since residents of Ukraine are not included in the list of citizens of those states that are members of the Customs Union, then they are obliged to act according to the general rules. How to obtain a patent for citizens of Ukraine from Donetsk? A month after entering the country, Ukrainians are required to apply for a patent. The price of a patent to work in Russia for residents of Donbass varies from region to region and remains quite high, as a result of which migrants from Ukraine have to choose higher-paying positions.
Usually these are installers, builders, milling operators, turners, welders, auxiliary workers, loaders, drivers, finishing craftsmen. back to contentTaxation of Donbass residents working in the Russian Federation Visa-free foreigners, which are residents of the LDPR if they work under a patent, according to Art. 227. 1 of the Tax Code, they must make monthly advance payments, which is a kind of analogue of personal income tax payment, which must be made in advance - a month in advance. The size of the advance payment varies from region to region and depends on the regional deflator coefficient. Procedure for Registration of a Patent for Residents of Donbass
Read on the Russia-Ukraine website:
- Procedure for obtaining a Work Permit Sakharovo
- Procedure for Sale of Collateral Property by the Bank
- Village of Zyuzino Rent a Housing Near the Military Unit
- Benefit for caring for a disabled child for a non-working parent in the Arkhangelsk Region
- Cadastral Registration of an Apartment Building and Premises Therein by an Individual
Attention!
Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below.