If the RVP is in the Moscow region, will I be able to work in Moscow., Moscow

What is RVP

A temporary residence permit for a foreign citizen is confirmation of the right to temporarily reside in Russia and is issued for a period of up to 3 years without the right of extension. According to the law, a foreigner is required to register annually with the Federal Migration Service, and 6 months before the expiration of the permit, he can apply for a residence permit.

The issuance of temporary residence permits is carried out within the limits of the annual quota or in the presence of serious grounds. Eg:

Participation in the state program;
Presence of a spouse, disabled parent or child with Russian citizenship.

A temporary residence permit gives the following rights:

Legal employment;
Unimpeded entry and exit;
Obtaining a TIN;
Registration of IP.

Working with RVP is possible only in the region where permission has been obtained. If it is necessary to move, the migrant must submit an application to the FMS.

Pros and cons of RVP

It is impossible to say for sure which document is better to draw up.
Each of them allows you to legally work in the country, and has a number of its own advantages and disadvantages that cannot be ignored. If a foreign citizen plans to live and work in the Russian Federation in the future, then, naturally, he needs a temporary residence permit. A stamp confirming its presence makes it possible to legally work for three years, transfer contributions for a future pension, study, and receive free care in medical institutions. But the most important thing is a real chance to obtain a residence permit and finally gain a foothold in the country.

The legislative framework

The legal status of foreign citizens is regulated by the Constitution, federal legislation and international treaties of the Russian Federation.

Russian legislation provides for a number of acts regulating the status of foreigners, legal protection and obligations of employers:

Federal Law No. 115 determines the legal status and labor relations of foreigners in Russia;
Article 327.1 of the Labor Code of the Russian Federation establishes rules on labor relations between a migrant and an employer;
Articles 327.2 and 327.3 of the Labor Code contain complete information on the procedure for concluding an employment agreement and the list of documents for employment.

In accordance with the legislation of the Russian Federation, the issuance of a temporary residence permit may be rejected. In this case, the foreign citizen can reapply only 1 year after the refusal.

Peculiarities of hiring migrants in the Russian Federation

Before concluding an employment contract with a foreign citizen, it is necessary to determine his status and nationality. If the latter has a residence permit or temporary residence permit, the procedure for concluding a contract, by and large, will not differ from building labor relations with a Russian citizen.

In situations in which a person arrived in our country with a migrant card, he will need to initially purchase a work permit. More complex are the cases of concluding employment contracts with employees who arrived from abroad to Russia on a visa.

Package of documents for work

For persons arriving in Russia from different countries, the list of documents required to begin legal work in Russia is different. Citizens arriving on a visa-free basis must obtain a patent. In case of subsequent crossing of the Russian border, after one month the migrant must collect the following package of papers:

Written appeal;
Citizen's passport with a translation certified by a notary;
A migrant's card and a document confirming the citizen's registration with the Central Internal Affairs Directorate;
Health insurance policy;
A doctor’s conclusion after an examination for the possible presence of dangerous infectious diseases, as well as alcohol and drug addiction;
Results of the exam on knowledge of the Russian language, history and legal principles;
Receipt for payment of state duty;
Photos size 3x4 cm.

The employer is responsible for arranging the employment of persons arriving from “visa” countries.

Features of employment

Employment of a foreigner with a temporary residence permit is carried out under the same conditions as for citizens with a residence permit, but subject to the restrictions provided for by federal law.

Certificate of registration of temporary residence permit

It is possible to work with a temporary residence permit in Russia under a civil law or employment contract. The document allows:

Engage in business activities;
Serve under a contract in the Armed Forces of the Russian Federation;
Work for individuals and legal entities.

The employer is not required to obtain additional special permits to hire the labor of foreign citizens. The Russian organization is obliged to conclude an agreement, and after registration, report it to the territorial department of the Main Directorate for Migration of the Ministry of Internal Affairs of Russia.

The period for sending notice is 3 working days from the date of hire. The Ministry of Internal Affairs will provide all the necessary information to the tax service and employment service independently.

When hiring, the organization must verify that the applicant has a valid temporary residence permit. And upon expiration of its validity period, terminate the contract in a timely manner.

The employer is obliged to pay the following contributions for each foreign employee:

Foundation for Medical Education (FFOMS) – 5,1%;
Social Insurance Fund (SIF) – 2,9%;
Pension Fund (PFR) – 22%;

A foreigner can be considered a tax resident after staying in the Russian Federation for at least 183 days over a 12-month period. This status allows you to receive a standard personal income tax rate, as well as property and social tax deductions.

Tax card for accounting income and personal income tax

The need to purchase a patent if you have a temporary residence permit

The legislator has established a rule according to which foreign citizens who have a temporary residence permit do not need to obtain a work patent. However, it should be noted that there are situations in which it is more advisable to purchase a work permit or temporary residence permit.

For persons from neighboring countries who want to work in Russia without permanent residence, it is most advantageous to give preference to a patent. If a foreigner wants to live and work in the country on a permanent basis, while enjoying all the benefits, including pensions and free medical care, a temporary residence permit will be the most acceptable option. The simultaneous execution of these documents does not make sense, since it should be remembered that in addition to additional costs, a temporary residence permit eliminates the need to obtain a patent.

Attention! An employment patent is granted for a period of 12 months, its cost depends on the region of receipt. The costs of its acquisition are significantly lower than living in the Russian Federation.

Registration procedure

Hiring nuances

Temporary residence of a foreign citizen in the country, even legally, does not give him one hundred percent guarantees of providing him with a decent and well-paid job. The employer has the right to select employees at his own discretion, while defining his own legal evaluation criteria (qualifications, experience, skills, fluency in language).

Important! An employer's refusal to hire a citizen on flimsy grounds is not permitted. The fact of lack of Russian citizenship cannot be considered one of the reasons for refusal. If such a situation arises, you should file a complaint with the prosecutor's office about the employer's illegal actions.

An employment contract concluded with a person for a certain period will be legal only if there is no objective opportunity to sign an open-ended document. Legal grounds include cases of signing such employment contracts when it is necessary to perform seasonal or temporary work.

Upon initial employment, the employer is required to issue a work book and pension certificate to his employee.

Watch a video about how long it takes to obtain a patent for a work

Employment errors on both sides

For violation of the deadlines for submitting a notice of hiring a foreign worker or his dismissal, penalties are provided for the employer. Therefore, submitting information is a mandatory condition for the enterprise, not the migrant. In addition, in order to avoid penalties and administrative liability, the employer must monitor the expiration date of the temporary residence permit.

The hiring organization must carefully check the authenticity of all documents provided by the applicant.

Due to incompetence, as well as some changes in legislation, many do not know that a patent is not required in the presence of a temporary residence permit.

Is a patent necessary if you have a temporary residence permit?

A work patent gives a foreign citizen the right to find employment and work legally. It is an official document issued for a period of 12 months. The patent can be extended if necessary when extending the employment contract concluded with the employer. However, this requires the desire of the foreigner himself.

This document gives its owner the right to perform labor duties only in the region in which it was actually issued. Any specialist of the relevant specialization who is highly qualified in his field has a chance to receive a patent.

Important! For carrying out work not covered by a patent, a foreigner risks being held administratively liable in the form of a fine.

In what areas can RWP work?

Employment depends on the education, qualifications and experience of the applicant. An important factor for finding a job and getting paid is a good level of Russian.

You can get a job with a temporary residence permit in Russia in almost any field, except:

Organizations ensuring the country's security;
State authorities.

Currently, most migrant workers have low qualifications, so foreigners occupy jobs that are not attractive to the local population.

In any region there is a shortage of specialists in blue-collar professions, for example, drivers and builders.

Some of the most popular areas in the labor market for foreigners with temporary residence permits are:

Transport;
Construction;
Utilities;
Retail and wholesale trade;
Agriculture.

A temporary residence permit allows a person to register with the employment center to look for work. Using the labor exchange, you can select vacancies taking into account the education, experience and professional qualifications of a foreign citizen.

Please note that unemployment benefits are not provided for foreign citizens.

Finding a job is a very difficult process, even if you have Russian citizenship. A migrant should collect complete information in advance about the region where he is going to receive a temporary residence permit. It is worth carefully studying what job offers are offered on employment sites.

Where to work with a temporary residence permit

A person with temporary resident status can find a job in almost any field that meets his qualifications and skills. But there are a number of prohibitions that apply to all foreign citizens. Migrants will not be able to get a job:

for municipal service;
in organizations whose activities are related to ensuring the security of Russia;
in organizations related to the protection of state secrets;
as servants on warships.

To get a job with a temporary residence permit, no additional documents are required. That is, you will not have to obtain either permits or a patent.

The temporary residence permit status itself gives the right to employment. Therefore, having received it, you can immediately begin studying vacancies.

Can they not get hired: reasons and solution to the problem

According to the labor legislation of the Russian Federation, restrictions on the employment of migrants constitute discrimination. Despite this, due to checks and high penalties, many organizations do not want to hire foreigners with a temporary residence permit.

If the employer does not want to accept an applicant with a work permit, it is necessary to find out why the request was rejected. If the employer’s actions are illegal and are not related to the candidate’s professional qualities, then you should ask for a written refusal and appeal it in court.

Temporary residence status makes it possible to open your own business as an individual entrepreneur or get a job in your specialty. In addition, annual confirmation of temporary residence permit is impossible without official employment.

What documents to obtain before employment

If you have a temporary residence permit, you will need to do several papers for official work.

TIN

TIN is a document needed by any temporary resident of the Russian Federation. Necessary both for work and for subsequent application for a residence permit.

It is done at the Federal Tax Service at the place of registration. Read more.

SNILS

SNILS is necessary for the employer to make contributions to the Pension Fund.

They are made either through the MFC or at the Pension Fund at the place of residence.

Medical policy

Compulsory medical insurance policy is another necessary document. If you have a policy, you can receive free medical care, seek consultations and treatment at government medical institutions.

We wrote in detail about applying for a policy in the article at the link.

It is advisable to complete all these papers before applying for a job. In accordance with the Labor Code of the Russian Federation, in addition to the above papers, when joining the staff you will need to provide a passport, work book (if you have one), diploma or other document on education.