Patent to work in the Moscow region for foreign citizens in 2021

Organization or private owners: who can employ a foreigner with a patent?

This point is spelled out in Part 1 of Article 13.3 of Federal Law-115 “On the Legal Status...”. This provision of the law states that working with a patent is possible if the employer is:

• entity;
• individual entrepreneur;
• individual.

That is, a visitor can work both in a company and for a private person, for example, as an au pair. In the second case, a civil contract for the provision of services is concluded.

Statuses of foreign citizens

The rights and obligations of citizens of other states on the territory of the Russian Federation are regulated by Federal Law No. 115-FZ dated July 25, 2002 “On the legal status of foreign citizens in the Russian Federation.” Paragraph 1 of Article 2 of Law No. 115-FZ establishes three statuses of foreigners and stateless persons.

1. Permanent residents. Such persons have a document called “Residence Permit of a Foreign Citizen”.
2. Temporary residents. They have a passport from Fr. Another proof of this status can be a document called a “Temporary Residence Permit” (as a rule, stateless persons have it).
3. Temporarily staying. The right to stay in the Russian Federation can be confirmed by a passport with an open visa or a migration card. In the latter case, we are talking about a foreigner who arrived from a country that does not have a visa regime with Russia.

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IMPORTANT DURING THE CORONAVIRUS EPIDEMIC

If the document confirming the status of a foreigner expires between March 15 and June 15, 2021, then the document will be valid for 93 days from the date following the day of its expiration. The basis is paragraph 1 of Presidential Decree No. 274 dated April 18, 2020, clarification on the website of the Ministry of Internal Affairs.

Restrictions on profession and place of work

If a foreign citizen comes to Russia to work under a patent, then he needs to be aware of two important restrictions:

1. You need to get a job only in the region in which the employment document was made (Part 16 of Article 13.3 of Federal Law-115). If you receive a patent in Krasnodar and go to Moscow to earn money, this will be a violation of the law. What if the patent was made in one region, but you found a place in another? In this case, you need to draw up a new employment document where your work will be located.
2. In some regions, the patent itself states the profession in which the newcomer intends to work in the Russian Federation. If your document also indicates a profession the same specialization must be noted in the employment or civil law contract . If you want to get a job in another profession, then you need to change the data in the patent by submitting a corresponding application to the migration department.

Peculiarities of employment of foreigners with temporary residence permit in Russia

Foreigners with a temporary residence permit have the right to use all available opportunities for their employment that are available in the region of settlement. The standard is:

• free assistance from the labor exchange;
• paid services of recruitment agencies;
• local printed or electronic publications, etc.

The only limiting circumstance may be the established acceptable quota for the employment of foreign citizens.

According to the Ministry of Labor of the Russian Federation, for 2021, a limit on the employment of foreigners has been introduced in certain sectors of the economy. Basis - Decree of the Government of the Russian Federation No. 1467 of December 4, 2017. So, for example, when hiring foreign workers, maximum shares have been established and are in effect in the following areas:

• other land passenger (road freight) transport - up to 28%;
• agriculture in specific economic entities of the Russian Federation, with some exceptions - up to 50%;
• sports - up to 25%;
• construction - up to 65%.

It is prohibited to employ foreigners in excess of the established limit.

Website of the Ministry of Labor of the Russian Federation.

What must a foreign citizen do if employed under a patent?

• To the employee

Six steps to obtain a patent to work in Russia: instructions for foreigners

• Elena Voropaeva
• 06.04.2021

And this relates to the frequent question about whether it is necessary to work officially if you have a patent. The law states that after receiving the document, a foreigner must appear at the migration office and bring a copy of his employment contract. This can be done without personal presence by sending a copy of the document by registered mail (Part 7 of Article 13.3 of Federal Law-115 “On the Legal Status...”). But the migration authorities themselves recommend bringing a copy in person. At the same time, the law rushes foreigners to find work. A copy of the employment or civil law contract must be provided within two months from the date the employment document was issued. If a citizen does not meet this deadline, the patent may be revoked.

What is a patent, and why is it needed to work in the Moscow region?

Foreigners cannot work in Russia without special documents. Exceptions are made only for representatives of a number of states with which the Russian Federation has formed warm partnerships. If during the inspection process it turns out that a migrant is working unofficially, he will have to pay a fine. The offender will then be expelled from the country.

If you want to work in the Moscow region officially, apply for a patent. This is a document that allows you to easily find employment in the territory of a constituent entity of the Russian Federation. A patent is granted to persons arriving from countries with which Russia has a visa regime. Otherwise, a work permit will be required.

Registration of a patent takes place through the Unified Migration Center of the Moscow Region. Its employees will study the applicant’s application, check the documents, and make sure that all requirements are met. Otherwise, the application will be rejected.

What must an employer do if he hires an employee with a patent?

If a person with a patent is hired, the employer does not need to issue any permits . That is, the company/individual is not required to:

• issue a permit allowing the employment of foreigners;
• issue an invitation;
• make any other permits for the employment of foreigners.

But the employer is required to submit a notification to the Ministry of Internal Affairs that he has entered into a contract with a foreigner. And you need to do this procedure correctly so as not to face impressive fines.

Foreigners can work both in companies and individuals. Photo: unsplash.com

The notification procedure is described in Part 8 of Article 13 of Federal Law No. 115 “On the Legal Status...” , as well as Order of the Ministry of Internal Affairs of the Russian Federation No. 363 (Appendix No. 15).

Here are the basic rules for filing patent notice:

1. The notification is submitted to the migration authorities of the Ministry of Internal Affairs - in the region where the foreign worker will work .
2. Notification is given both in case of hiring a patent employee and in case of his dismissal . In this case, you need to go through the procedure regardless of the reason for the employee’s dismissal. A foreigner stopped going to work, left of his own free will, was laid off, or his patent expired - in all these and any other situations, notification is required.
3. The procedure is given only 3 days from the moment the contract is signed . The countdown starts from the date following the conclusion of the contract. Working days are counted. For example, an agreement was drawn up and signed on Monday, June 1. This means that the notification must be provided before June 4 (Thursday) inclusive. Or the migrant was accepted into the state on Thursday, June 4, which means that you need to notify the Ministry of Internal Affairs about this before June 9 (Tuesday), inclusive, if Saturday and Sunday are days off at your Ministry of Internal Affairs department.
4. The notification form must be current at the time of submission. The point is that forms change frequently, so make sure you fill out the correct form. You can pick up the form directly at the Ministry of Internal Affairs office.
5. The form can be filled out by hand or on a computer . There should be no crossing outs or corrections. You can use abbreviations and abbreviations, but only official ones.

Notice of conclusion of an employment contract, 2021

Patent Notification Options

The regulations provide for several methods:

1. A paper form is filled out and presented in person to the regional migration department.
2. An electronic form is filled out and sent electronically by e-mail or through the State Services portal . Please note that only forms with an enhanced qualified electronic signature . Just a scanned document with a handwritten certified signature will not work .
3. A completed paper form can also be sent through the Post Office . In this case, the letter must be sent with a description of the attachment and a notification that the addressee has received it . The date of mailing will be deemed to be the date the notice was given. Keep the receipt and check issued by the post office.

Before the procedure, it is better to clarify which notification options are available in your region. The list of documents that are submitted along with the completed form may also differ. In some places they only require a copy of the contract and the passport of the citizen submitting the notification, while in others they may also request the statutory documents for the company.

What happens if you don’t notify the Ministry of Internal Affairs or do it incorrectly?

The responsibility for providing notice of the hiring of a person with a patent falls entirely on the shoulders of the employer. A foreign worker does not face a fine or other sanctions.

If the employer violated the deadlines, did not submit a notice at all, or used the wrong form to fill out, then all this can lead to fines.

Legal entities are especially at risk:

• punishment for citizens (individuals) - a fine from 2 to 5 thousand rubles;
• officials can be fined in the amount of 35 - 50 thousand rubles;
• Legal entities are fined 400-800 thousand rubles. An alternative to monetary punishment may be suspension of the company's operations for up to 90 days.

Note that a foreigner who will work under a patent can make a notification himself, but only with the power of attorney of the employer.

Other current forms are available.

What documents are needed to obtain a patent in the Moscow region?

You need to prepare for your initial application to the Unified Medical Center of the Moscow Region to obtain a patent. The process begins with collecting documents. You are required to provide:

• identification;
• a correctly completed migration card;
• notification that registration has occurred;
• TIN, if the document was received on the territory of the Russian Federation.

The list is not exhaustive. Additionally, you will have to fill out an application for a patent in the Moscow region. Some of the papers will have to be received in Russia. Documents are required that confirm the absence of diseases that pose a danger to others and are included in the list that was approved by the Federal executive body authorized by the government of the Russian Federation. There are quite a lot of medical papers, a policy that will be valid for the entire period of work, as well as a certificate of absence of HIV. Only people who speak Russian and are familiar with the basic legislation and history can work in Russia. Documentation about this must also be provided.

Do not delay in obtaining a patent in the Moscow region. If you miss the established application deadlines, you will be required to pay a fine of up to RUB 15,000. The document on the provision of funds will also have to be included in the general list.

To avoid difficulties and to avoid mistakes in the process of preparing papers, contact a lawyer. Our migration specialists will advise you on what documents are required in your case and then check them for compliance with the established requirements.

More detailed information about the documents ↵

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Calculation of personal income tax and contributions from a foreigner’s salary

The calculation of insurance premiums and personal income tax from the wages of foreign workers depends on many factors - citizenship, the basis and period of stay in the Russian Federation, the status of a high-qualified specialist, etc.

If we summarize the provisions of the legislation, the situation is as follows.

From the salaries of foreigners who, upon employment, presented a residence permit in the Russian Federation or a passport with a stamp for temporary residence permit, insurance premiums are calculated in the same manner and in the same amounts as from the salaries of Russians. The same applies to insurance contributions from the wages of workers from Belarus, Kazakhstan, Kyrgyzstan and Armenia. Moreover, regardless of what document they presented during employment.

For those foreigners who have presented a patent, migration card or passport with an open visa, insurance premiums are calculated in a “truncated” version. Thus, their salary does not require paying contributions for compulsory health insurance. Premiums for temporary disability and maternity insurance are charged at a rate of 1.8%. Pension contributions are calculated in the same way as for Russian employees.

Separate rules have been established for highly qualified foreign specialists who are not citizens of Belarus, Kazakhstan, Kyrgyzstan or Armenia. If such a HQS temporarily stays on the territory of the Russian Federation, then insurance premiums are not calculated from his salary at all (except for contributions “for injuries”). And in other cases (if the specialist has the right to permanent or temporary residence in Russia), contributions for compulsory medical insurance are not paid. The remaining contributions must be transferred on a general basis.

Fill out, check and submit insurance premium calculations online

When calculating personal income tax, much depends on the citizenship of the employee and the basis of employment, as well as on the length of continuous stay in the Russian Federation. So, if there are documents confirming that a foreigner spent at least 183 days in the Russian Federation over the previous 12 consecutive months, then the personal income tax rate will be 13%, regardless of all other factors (clause 1 of Article 224 of the Tax Code of the Russian Federation).

If the condition regarding the length of stay in Russia is not met, then additional nuances will have to be taken into account to determine the personal income tax rate. Thus, income from labor activities of citizens of Belarus, Kazakhstan, Kyrgyzstan or Armenia is subject to personal income tax at a rate of 13% from the first day of work in the Russian Federation (Article 73 of the Treaty on the EAEU). The same rate applies to the salaries of highly qualified specialists and employees working on the basis of a patent (Clause 3 of Article 224 of the Tax Code of the Russian Federation).

Also, regardless of the period of stay on the territory of the Russian Federation, at a rate of 13%, personal income tax must be withheld from the salaries of refugees and persons who have received temporary asylum in the Russian Federation, participants in the State program to assist the voluntary resettlement to Russia of compatriots living abroad, and members of their families. The income of other foreigners who did not spend 183 days or more in the Russian Federation over the previous 12 months is subject to personal income tax at a rate of 30% (clause 3 of Article 224 of the Tax Code of the Russian Federation).

For more details, see: “Taxes on an employee’s salary in 2021” and “New Form 2-NDFL: how to fill out a certificate for foreigners and non-residents.”

Keep personal income tax records in the web service, generate and submit 6‑personal income tax and 2‑personal income tax via the Internet

Nuances of an employment contract with a foreign citizen

This document confirms the fact that the desire to become an employee in a certain position was independently accepted. In order to correctly draw up a contract, you need to study the details.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

It must include information on the basis on which the foreigner received the right to move around the territory of the state. Medical certificates and an insurance policy must be attached to the drawn up contract.

The paper is filled out in Russian or in two languages ​​that belong to the opponents. This is done with a specific purpose, so that the foreign citizen thoroughly studies the agreement. An important point is that it is impossible to specify terms of cooperation that exceed the time the employee is in the country.