Recently, all foreigners who come to Russia for legal employment are required to apply for and obtain a labor patent. Without it, it is prohibited to legally work on the territory of the state.
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The procedure for obtaining a certificate itself is not so simple; it requires experience, knowledge, and also money. But many situations can happen in life, as a result of which such a document will be lost. And what to do then. Is it possible to restore it? This is exactly what will be discussed further.
What to do
Before we talk about the actions that a person should take when losing a labor patent (hereinafter referred to as TP), let us consider in general terms what a TP is.
TP is an official permit for a foreigner, which he receives for the purpose of official work in Russia. Such a certificate provides the opportunity to find employment in any enterprise in the country, that is, both a legal entity and an individual.
There are no restrictions on the form of ownership. But there are strict regulations on where you can work and in what specialty.
The area of action is so limited. You cannot get such a TP and then work in all districts. The certificate is provided only for a specific place - city, region, etc.
For example, you cannot work on the same document in Moscow itself and in the Moscow region. To work simultaneously in two territories, two permits of this type are required.
TP also limits the scope of work; it is necessary to conduct activities only in the specified specialty and qualification. Otherwise, in case of violation, a person will bear administrative responsibility.
They receive it from the Migration Service, where they submit all the necessary documents.
By the way, it is necessary to note the fact that such a permit is not necessary for all foreigners, but only for those who come from countries that have a visa-free regime with Russia. For visitors on a work visa, such a certificate is not required.
Thus, we briefly figured out what TP is and found out that it is impossible to work without it. But what to do if you have lost your work patent? There is nothing to worry about if you quickly respond to loss or damage.
According to the current Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation”, if a foreigner loses a document, he must contact the Migration Service department at the place of registration, now its functions are performed by the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation and write a corresponding application for the issuance of a duplicate.
But the main rule in this process is meeting deadlines. In case of loss, it is necessary to apply strictly until it is valid or until the last day for payment has arrived.
If a citizen of another state does not have time to apply for help at the appointed time, it will not be possible to obtain a duplicate, since its validity period will have expired.
Restoration of a patent due to loss or damage
In the event that foreign citizens have lost their work patent or it has been damaged and is invalid, they must contact the territorial representative office of the migration service, which previously handled the preparation of this document with a corresponding application.
Basic package of necessary documentation
To be able to obtain a duplicate, you must personally contact the territorial migration authority and provide the main package of documents, which includes;
- application for making a duplicate;
- a document confirming the identity of the applicant and which is recognized throughout the territory of the Russian Federation at the legislative level;
- a migration card with a check mark in the field indicating the purpose of the visit “work”. There must additionally be a seal from representatives of the border authority about the crossing of the border by a foreign person;
- any documentation that can confirm the fact of payment in full of income tax in the form of a fixed advance payment. In other words, we are talking about monthly payment of tax on a patent.
It is worth noting that the list of required documentation can be expanded as necessary by representatives of the migration service, who decide to provide a duplicate.
Do I need to pay?
The issue of the need to pay a state fee for providing a duplicate is regulated by the Tax Code of the Russian Federation.
In 2021, foreign citizens who need to obtain a duplicate of a labor patent must pay a fee of 2 thousand rubles.
A receipt must be provided as proof of payment.
You can pay;
- using self-service terminals installed in the migration service;
- with the help of banking institutions that provide the possibility of payment (for example, Sberbank of Russia);
- at any post office.
Self-service terminals are considered the best option, since they provide minimal commission fees.
Find out what to do if you lost your passport. Can a foreigner work part-time? Read in the article.
Statement
In the process of drawing up an application, you must remember that it must contain information such as:
- full initials of the owner of the lost patent;
- place of residence;
- contact phone number;
- passport information;
- information about the lost patent (series, number, etc.);
- what citizenship?
- is there a need to change the existing information in the document;
- request for a duplicate;
- date of application;
- applicant's signature.
It is prohibited to make any mistakes or typos, as in this case there is a high probability of refusal.
-The application can be found here:
Application for a duplicate patent
For citizens of Ukraine
Is there a special procedure if a citizen of Ukraine needs a duplicate? According to the legislation of the Russian Federation, it does not matter which state the foreigner is from - the rule is the same for everyone.
Based on this, a foreign citizen from Ukraine must:
- Pay a state fee of 2 thousand rubles.
- Contact the territorial representative office of the migration service.
- To write an application.
- Get a duplicate.
Based on the submitted application, representatives of the migration service will provide a duplicate of the labor patent on the day of application. Based on this, we can say that to the question of how to restore a patent to a Ukrainian, there is only one answer - you need to write an application and pay the state fee.
Re-registration or restoration
As for what to do if a certificate of this type is lost: re-issue or restore, then everything is simple. If it is possible to contact the Migration Service before the last day for payment of the TP and its extension, then accordingly it becomes possible to obtain a duplicate, that is, to restore it.
If all deadlines are violated, or even one day is overdue, there is no point in applying for reinstatement, and then you will have to re-register.
I would like to remind you how the procedure for extending the TP occurs in order to understand why such a certificate can be canceled and, accordingly, not renewed. Before the expiration of the permit, everyone must apply for an extension of such a certificate and pay its cost.
Otherwise it will be cancelled. Thus, if the TP is lost and its validity has not been extended, then issuing a duplicate is out of the question.
How to recover if you have lost your work patent
As mentioned earlier, to restore, that is, obtain a duplicate, you must contact only the Migration Service office, where such services will be provided. Other authorities are not competent to help a foreigner in such a situation.
To receive qualified assistance, you will need to provide the necessary package of documents and follow the application procedure itself. More details below.
Required documents
To receive a duplicate you must provide:
- Application in the prescribed form;
- International passport (it is necessary to present the one used to issue the original TP);
- Migration card;
- Checks that confirm the fact of payment of the cost of the certificate before the end of its term.
No other additional certificates, photocopies, etc. no need. The main package of all certificates, permits, and medical certificates is available at the Migration Service, which is why the list presented is sufficient. Application processing time is no more than 3 working days.
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Do I need to pay
Many foreigners are concerned about the question of whether they need to pay for the restoration service. No, this service is free. And this must be taken into account.
Statement
One of the main documents when issuing a duplicate is an application. You need to download it yourself on the Internet or pick it up at the branch.
The form can be downloaded here.
The application must be submitted in person.
For citizens of Ukraine
The procedure for obtaining, restoring and re-registering for Ukrainians is no different from the general process of issuing such certificates, since Ukraine is included in the list of countries with which a visa-free regime operates and, accordingly, a TP is needed.
Re-registration procedure
Regarding re-registration, this procedure is not at all the same as the renewal procedure. A different set of documents is required here. The re-registration service is similar to the procedure for obtaining a TP; you must contact the Migration Service office for it.
You can only apply for this option once. The duration of the renewal cannot exceed 1 year. Minimum duration – 1 month. After the renewal is valid, it can be extended once for a period of 1 to 12 months.
For such an option, it is mandatory to submit a petition from the employer, that is, a kind of petition, to the competent authorities. Here, the enterprise representative must ask the authorities to extend the work permit for a specific person and justify the value of the employee himself.
An example of filling out and a sample of such a petition can be downloaded here.
Additionally, an employment contract or contract confirming official employment is also required.
All documents must be submitted to the service before the expiration date of the previous one. Some experts advise doing this within 10 days, but this is a very short period of time. It is best to take care of this in advance and submit your application earlier, about a month in advance.
The procedure for re-registration of a patent by foreign citizens
The algorithm of actions is as follows:
- Collection of the necessary list of documentation.
- Drawing up a corresponding application.
- Contact the territorial representative office of the migration service.
- Submission of documents.
- Obtaining a patent for work.
Each stage is mandatory, otherwise there is a high probability of refusal.
What documents need to be provided
To be able to renew a work patent, foreign citizens must prepare a basic package of documents, which includes:
- a completed application containing a request for re-registration;
- a document that confirms the identity of a foreign person and is recognized in all regions of the Russian Federation;
- a migration card showing work as the main purpose of a visa to the territory of the Russian Federation and a special note from representatives of the FSB border agency about the entry of a specific foreigner into Russia;
- documents that can confirm the full payment of income taxes for individuals in the form of a fixed payment (meaning advance payment) according to the rules that were adopted by the Federal Law of the Russian Federation “On the Calculation of Taxes” for the entire period of validity of the labor patent;
- certificates from a medical institution;
- certificates that confirm that foreign citizens have basic knowledge of the Russian language, the history of the Russian Federation, as well as basic legislation;
- a completed application from the direct employer. This document must necessarily contain a request for the need to reissue a work permit;
- an employment agreement or a civil contract (if it was signed), which was drawn up between a person of a foreign state and the direct employer. It is necessary to present such a document when carrying out labor activities with legal entities (companies) or private entrepreneurs;
- Some photos. The photo size is 3x4, it is strictly forbidden to provide photographs that were taken before the moment of registration (the period for producing the photo should not be more than 1 month);
- original agreement regarding voluntary health insurance. It must be compiled in accordance with the requirements of the legislation of the Russian Federation.
It is possible to provide an agreement on the receipt of all necessary services on a paid basis, which was signed with a private medical institution located in a particular region of the Russian Federation, on the territory of which a person of a foreign state conducts his labor activity.
It must be remembered that any of these agreements must fully guarantee the receipt of primary health care and other care in the appropriate form.
Documents of this kind must confirm the fact that a person from a foreign state does not have serious diseases. Moreover, they must include the results of a medical examination confirming the passage of a chemical-toxicological analysis for the presence or absence in the body of narcotic components, psychotropic drugs, including their metabolites, as well as infectious diseases that pose a direct danger to the health of surrounding citizens.
A complete list of diseases can be found on the official website of the migration service or the Ministry of Health.
This list is not exhaustive, and if necessary, representatives of the migration service may require other additional documentation to make a decision on re-issuing a work patent.
Find out how to apply for a multiple-entry exit visa for foreigners. Where can a foreigner get a compulsory medical insurance policy? See here.
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Receipt
A reissued patent can be granted to persons of foreign countries after providing a document capable of confirming identity. This document must be recognized at the legislative level throughout the entire territory of the Russian Federation.
Additionally, it is necessary to present a document confirming the payment of personal income tax in the form of an advance payment in full according to the rules established by the Tax Code.
It is worth noting that a work patent cannot be reissued to foreign citizens by the territorial representative office of the migration service if they did not have information regarding the fact of carrying out official labor activity at the time of validity of this permit.
In a situation where foreign citizens were denied the grant or re-registration of a patent, then, according to the legislation of the Russian Federation, it is permitted to re-register it exclusively after 1 calendar year from the date of acceptance of the refusal or cancellation of the previously received one.