10.03.2016

The Alliance-Labor Migration company has developed a memo for you in which you can find all the information about the renewal of a patent in 2016 for a foreign citizen.

Since 2015, adult foreign citizens who arrived in Russia on a visa-free basis have been working on the basis of a labor patent. It is very convenient that from this year everyone who received a patent in 2015 has the opportunity to renew it for the same region and profession without leaving the country. To do this, they must have an official employer, because... Without his participation, renewal of the patent is impossible.

It is beneficial for an employer to renew an employee’s patent for two reasons:

1. a foreigner will not have to interrupt work and go out to get a new migration card;
2. no need to conclude additional agreements or dismiss a foreigner due to the termination of his patent.

PATENT RENEWAL TIMES

This year, the deadlines for submitting documents to the Unified Migration Center for patent renewal have changed. According to the new EMC rules, it is necessary to obtain a new patent before the old one expires.

The patent renewal procedure must be started in advance - no less than 4-5 weeks before the expiration of the old patent! This is necessary so that the foreign citizen has time to undergo a medical examination, collect the necessary package of documents and not only submit it to the EMC, but also receive the patent plastic itself.

DOCUMENTS FOR PATENT RENEWAL

The list of documents for patent renewal is non-standard:

• application for re-registration of a patent to a foreign citizen;
• a valid patent and timely paid checks for it;
• foreign passport (exception - citizens of Ukraine, who can provide an internal passport);
• notarized translation of a passport;
• migration card, which indicates the purpose of entry - work in the Russian Federation;
• VHI policy for the next year;
• medical certificate confirming the absence of certain diseases (drug addiction and infectious diseases from the established list) and HIV infection;
• certificate of passing testing for knowledge of the Russian language, history of Russia and legislation of the Russian Federation or educational documents (confirmed) and issued by:
• tax payment receipt for the new patent;
• agreement on the basis of which the work activity, certified by the seal of a legal entity;
• notification of the conclusion of an employment contract, certified by the seal of a legal entity and with a mark from the Federal Migration Service;
• employer's petition to re-register a patent to a foreign citizen

Petition- this is the main document from the employer, on the basis of which a foreign citizen can renew his patent. You can view a sample petition at the link. There are a number of requirements for the application form:

1. The name of the organization from which the application is submitted must necessarily coincide with that specified in the employment (civil law) contract and notice of hiring a foreign employee. You cannot fill out an application form from the Antoshka company if the employee is listed in the FMS database as working for the Kartoshka company.
2. The profession must also correspond to that indicated in employment contract, a valid patent and the actual activity of the foreigner.
3. The application shall indicate the territory of validity of the foreigner's patent. A foreign citizen can only work in the constituent entity of the Russian Federation in whose territory he was issued a patent. St. Petersburg and the Leningrad region are different subjects of the Russian Federation. If a foreigner needs to work in a city and region at the same time, he receives two different patents.

FEATURES OF PATENT RENEWAL

Firstly, in 2016, the division of patents into work for individuals and legal entities was abolished. In 2016, new patents, including extended ones, are issued universally.

Secondly, you cannot submit a complete package of documents to the EMC less than 12 working days before the expiration of the current patent. It is necessary to obtain a patent while the previous patent has not expired.

Third, from March 28, 2016, new rules of the Federal Migration Service come into force, according to which the Taxpayer Identification Number will also be included in the list of mandatory documents that must be provided for registration and renewal of a patent. The TIN can be confirmed by a notice (certificate) of registration with the tax authority, a copy of the previous patent in which the TIN is indicated, or a screenshot from the tax service website.

Fourth, you must always re-check receipts for legibility and timeliness of payment. It is checks that often lead to the EMC refusing to renew a patent at the last moment. This occurs because the EMC only requests checks at the final stage of the patent renewal process. Often at this point it turns out that patent renewal is impossible because:

1. checks are lost or are in improper form (data erased, circled, etc.), and duplicates were not ordered in advance;
2. the checks were dishonored, meaning the previous patent had expired.

In 2016, in St. Petersburg and the Leningrad region, the tax amount remained the same and amounted to 3,000 rubles/month. We would like to remind you of the basic rules for maintaining the validity of a patent related to its payment:

1. Remember the date! A foreign citizen must remember the date of issue of the patent, which is indicated on the plastic of the valid patent. If it is February 8th, then all payments must be made no later than the 7th of each subsequent month. Late payment even by one day terminates the validity of the patent.
2. Pay in advance! Because payments go through the bank, it can take up to 3 business days from the moment of payment to the receipt of the payment in the tax account. It is best to make payment 3-5 days before the required date, especially before holidays and weekends.
3. Check your details! When making a payment, the same details must be indicated as in the first payment check for the valid patent. And also only the personal TIN of a foreign citizen.
4. Don't forget to pay when you check out! During a long-term departure or vacation, a foreigner must pay for a patent in advance for the full period of his absence if he intends to continue working. After returning, the foreigner receives a new migration card, according to which the company must re-register him for migration at its legal address.
5. Don't throw away your receipts! A foreign citizen is obliged to keep all tax receipts, and even better, make copies, because Over time, the checks will wear out and will need to be restored. Checks are the main evidence of the legal presence of a foreign citizen and are equivalent to the extension of migration registration (registration), if he did not leave Russia.

If the receipts are faded, dirty, have information circled in pen, or for some other reason the photocopies are bad, then you can:

• request duplicate checks from the bank;
• independently print duplicate checks at a bank terminal if the patent was paid for using a bank card;
• request a certificate from the bank in form 395 - this is an extract of all completed payment transactions for a patent for the entire period of validity of the document.

ACTIONS WHEN RENEWAL IS NOT POSSIBLE

If during the process it turns out that for some reason (there is no employment contract, checks have not been paid or not restored, deadlines have expired, etc.) the EMC and the Federal Migration Service do not accept documents, and the renewal service is impossible, then the order is changed to the registration of a new patent and as follows:

1. a foreign citizen goes to the border to get a new migration card;
2. upon arrival, the employer registers the employee for migration at the legal address of his company;
3. patent registration is resumed. If the patent renewal procedure has already been launched, then the lawyer changes the order from renewal to obtaining a new patent. Changing an order at the UMC is subject to a fee.

An employer's assistance is necessary for a foreigner to apply for and renew a work patent in the Russian Federation. Without this document, it is impossible to legalize your stay in the country for employment reasons. How to correctly draft a petition from an employer? Where should it be submitted? Where can I get the form?

To work in Russia for a long time, it is necessary to obtain a patent. Employment of a foreign citizen is absolutely legal. Not all foreign residents must apply for a patent to the migration service. The following categories of people are exempt from this obligation:

• persons who received shelter in the Russian Federation;
• refugees;
• high-level specialists;
• migrants with a residence permit or temporary residence permit;
• citizens of Kazakhstan, Belarus, Armenia.

Other foreigners are required to take care of obtaining or renewing a work patent. This must be done within the first month after crossing the Russian border. You should contact the employees of the migration division of the Ministry of Internal Affairs.

The document will be issued 10 days after submitting the documents. Its validity period is 30 days. After this period, care should be taken to renew the patent. It can only be renewed for one year. Its validity period after renewal depends on the amount of tax paid. Payments are made as an advance. You cannot use your work permit if you fail to pay. The document is cancelled.

Within two months, foreigners must draw up an employment contract with the employer. A copy of it is submitted to the migration department. Another method of transmitting a copy is by letter of notification. Re-issuance of the document must be done after a year. This can only be done once.

Submission of documents

Within 30 days from the date of entry into the Russian Federation, a migrant is required to enter information into a form received from an employee of the migration department. When re-issuing a permit, you must come to the Ministry of Internal Affairs within 10 days before the paper expires. There is no need to travel outside the Russian Federation. You must bring the following documentation with you:

• one of the documents identifying a foreign citizen, usually a passport;
• application for extension or re-issuance of a permit;
• migration card, which states the purpose of arrival, in this case, Job;
• financial documentation on payment for the continuation of the patent term;
• original certificate of passing the Russian language exam;
• documents on registration at the place of stay;
• documents confirming payment of the state fee;
• insurance and medical examination certificate;
• petition from the employer;
• a copy of the employment contract.

A medical insurance policy must be issued for the duration of employment. In addition, it is important to provide a document confirming the absence of certain diseases, for example, HIV, AIDS or dangerous intestinal diseases. It is possible to obtain such certificates only from institutions that are on the approved list.

Re-registration is carried out for a period from 30 days to 12 months. It is important to remember that you cannot do this more than once. If a foreigner is denied a permit when applying for renewal, he can apply again only after a year.

A petition from the head of the organization where the foreign resident is employed is a required document when submitting an application for re-issuance of a labor permit. In the absence of a request, extension of the permit period is not possible.

An application form from the employer can be requested from the territorial division of the Ministry of Internal Affairs. You can get a sample of entering data into the form from a lawyer or find it online. The sample must comply with the standards established by law.

To submit an application from the administration, you should take the letterhead of the institution where the foreign citizen works. The correct sample from the Internet should have information about this nuance. The supervisor's request form contains the following information:

• FULL NAME. and the position of an employee of the migration department of the Ministry of Internal Affairs;
• name of paper;
• the full name of the organization in which the migrant is employed;
• request to reissue a work permit;
• details of the issued patent;
• document form (details);
• validity period of the existing document;
• information about who issued it and when;
• name of the territory where the permit is valid;
• position and specialty of the migrant;
• Full name, citizenship and date of birth of the citizen;
• civil passport details;
• time of arrival in the Russian Federation;
• details of the employment contract;
• information about migration registration;
• position, signature and transcript of the signature of the authorized person;
• date of application.

It must be remembered that the name of the organization in the application and the employment contract must match. The main thing is to have time to re-register a patent before its expiration date. If this does not happen, you should leave the Russian Federation, then start all over again.

A sample document from the boss can be viewed online or found from a lawyer. Lawyers on the site can also provide assistance.

For many citizens of neighboring countries, working in Russia is the only possibility fully provide for your family. Therefore, many migrant workers annually face the need to renew their work patent. This process has many nuances that affect both the renewal procedure and the very possibility of continuing to work in Russia.

Is it possible to extend a patent after 12 months?

Current Russian legislation provides for the possibility of a foreign citizen renewing a patent without leaving home. To do this, it is necessary to submit documents for a new one in a timely manner (no later than 30 days before the expiration of the existing work permit). If the patent has expired or has been cancelled, then to obtain a new document you must travel outside the Russian Federation, then return and submit documents as for the initial receipt.

Where to go to renew a patent?

Renewal of a work patent is carried out by the divisions of the migration service of the Ministry of Internal Affairs of Russia. In addition, there are many companies that provide paperwork services for migrant workers. Their assistance may be required when completing various applications, checking the completeness of collection necessary documents, employees of these companies can independently submit documents for renewal. But each foreigner receives a completed patent only personally.

How to renew a patent for a second year?

The procedure for renewing a patent after 12 months is practically no different from obtaining a patent for a work for the first time. When renewing, it is necessary to take into account that a new document can only be issued in the region where the previous one was, indicating the same profession. If a newcomer has a desire to change region or profession, then in this case an extension is impossible; he will have to leave Russia for any period of time, after which he will re-enter and go through the entire procedure for registering labor migration. If such changes are not required, the migrant must collect a package of documents and submit them on time so that he receives a new document no later than the expiration of the current patent.

List of required documents

To renew a patent, you must provide the following package of documents:

• Original passport and its notarized translation;
• Application in the prescribed form for patent renewal;
• Migration card;
• Knowledge Test Certificate;
• Conclusion of the medical commission;
• VHI policy for a new term;
• Receipts for payment of tax on a valid patent for the entire period of its validity;
• Employer's petition;
• A copy of the employment contract.

This list is exhaustive; provision of other documents is not required.

How long does it take to make an extension?

The period for issuing an extended patent does not exceed ten working days, however, documents for renewal must be filed no later than thirty days before the expiration of the patent. Please note that the thirty-day period is the recommendation of experts in the field of labor migration. You can submit documents later, the main thing is to have time to receive a new document before the old one expires. Otherwise, the foreign citizen will have to leave the country.

For how long can a patent be extended?

Current legislation provides that the renewal of a patent is carried out for one calendar year. Thus, if documents are submitted on time, a foreign citizen can continue to work for Russian employers for another whole year. It is important to comply with the deadlines for paying the advance tax, since a delay of one day will lead to the cancellation of the document.

How much does a work patent cost?

The cost of renewing a patent is similar to the cost of initial registration, which depends on the region of work of the migrant. Currently, the size of the monthly payment ranges from two thousand (for example, in the Republic of Khakassia) to more than eight thousand rubles (in the Republic of Yakutia).

Fine for late patent renewal

If for some reason a newcomer does not renew his work patent, but continues to work, then he and his employer may be held administratively liable. Working under an expired patent is a violation of the requirements of migration legislation and is equivalent to working without a foreign person obtaining the necessary permits. For this offense a fine of 2,000 to 5,000 rubles is provided. If a foreign citizen has been brought to administrative responsibility twice for the same offense, then the authorized body may petition the court to make a decision to expel the foreign citizen from the Russian Federation and impose an entry ban on him for a certain time.

Employer's petition for re-registration of a patent - sample

The employer's petition is a mandatory document for the renewal of a work patent after 12 months. It is issued directly by the employer for whom the foreign citizen works. Currently, there is no unified application form, so each employer writes it at his own discretion. But there are a number of mandatory requirements that must be taken into account when drawing up of this document:

• The full name of the employer must be indicated, which coincides with its name in the employment contract and notice of employment. If the employer has changed its name, it is necessary to provide a document confirming this change;
• The application must indicate the profession of the foreign citizen, which must also be similar to the old patent and employment contract;
• The region of validity of the patent is required.

The application is drawn up on company letterhead, certified by the employer’s seal and the signature of the manager.

Advice: To renew a patent, it is necessary to use applications only from real employers for whom the migrant directly works, since the migration service carefully checks the submitted documents. If it is established that false documents have been provided, for example, during an inspection it will be revealed that this employer does not involve foreign labor in its activities, the applicant will be refused to renew the work patent. In addition, there is a high probability that he will be subject to administrative deportation for violating the requirements of migration legislation.

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The procedure for renewing a patent is no more difficult than obtaining this document for the first time, so it will not be difficult for a foreign citizen to obtain the document necessary for work. The most important thing is to remember the deadlines in order to avoid having to leave Russia or work under the threat of penalties.

For every foreign citizen temporarily arriving on the territory of the Russian Federation, the state has come up with a patent. A patent is a kind of work permit. As a rule, a work patent is issued to a citizen for no more than three months. Then, if necessary, you should extend it, otherwise you simply will not be able to work.

How is renewal carried out? patent for work

To renew a work patent, a person must pay the total amount of tax for the entire period of validity of the patent in the form of an advance payment. It will need to be entered two weeks before the patent expires. The procedure is allowed to be repeated until the total term of all authorized patents for the work reaches one year. Upon expiration of the general validity period of the patent, a person has the opportunity to re-register it at the nearest district Federal Migration Service.
It is worth noting that in order to pay for the renewal of a work patent, you just need to pay for the procedure on time. If payment is not made on time, the permit will be revoked.

What documents are needed to re-register a work patent?

At the end of the total validity period of the patent, it will be necessary to carry out the re-registration procedure. To do this, you should have a number of documents with you:

• write an application for re-registration of a work patent;
• migration passport valid in all subjects of the Russian Federation;
• migration card, which must contain information about the place of work in the Russian Federation;
• VHI policy;
• medical certificate confirming the absence of sexually transmitted and infectious diseases;
• a certificate stating that the migrant is familiar with the history of the structure of Russia, its laws and rules of speech and grammar;
• official registration order of the migrant;
• photo, size 3*4;
• confirmation of payment for patent renewal;
• a statement from the place of work that the employer really expects the migrant to draw up an employment contract.

Within two weeks, a person will receive a positive or negative result for the renewal of a work patent. A person also has the opportunity to carry out career activities for one year, then he will have to leave the territory of the Russian Federation.

Every foreigner who arrived in the Russian Federation on a visa-free basis must have a work permit in order to legally find employment. The exception is citizens of those countries that are members of the Customs Union (currently Belarus, Kazakhstan, Armenia and Kyrgyzstan).

Its maximum validity period is one year from the date of issue. The date of issue is indicated on the document itself. Foreigners can renew a work patent for a second year on the basis of Art. 13.3, clause 8, . This law allows them to re-register it without leaving our country.

Renewal rules

To renew a permit, a foreigner needs to come to the department of the Ministry of Internal Affairs at least 10 days before its expiration and write a corresponding application, attaching a package of documents, which includes:

passport of a foreign citizen;

migration card (item “Purpose of visit” - “Work”);

payment receipts for patent renewal;

VHI policy;

medical certificate confirming passing a medical examination;

certificate of passing the Russian language exam;

a petition from the employer with a request to re-issue a patent to a foreign citizen;

valid employment contract

After submitting the documents, the work permit will be reissued within ten working days. If the documents were not submitted in a timely manner, the foreigner will have to leave the Russian Federation before the expiration date and re-enter the country. This will allow him to receive a new migration card. You must begin processing a new work permit within 30 days after the foreign citizen entered the Russian Federation.

Sample application for re-registration of a patent for a foreign citizen

The list of documents to be submitted includes a petition from the employer. A sample application for renewal of a patent by a foreign citizen may look like this:

There is no legally approved form of this document. Therefore, the petition must be submitted in writing, in any form.

How to renew a patent for a second year?

The renewed permit can be extended for another year. To do this, the migrant will again have to contact the department of the Ministry of Internal Affairs. But after the document expires, it cannot be renewed a second time. Therefore, the foreigner will have to leave the country.

Registration renewal

We will explain how to renew the registration of a foreign citizen under a patent. Its receipt is closely related to the temporary registration of foreigners in our country. Its issuance is considered sufficient grounds for renewal of registration.