Since 2015, dramatically changing the system of delivery, receipt of patents. In this regard, foreign citizens, and also for local employers there is a lot of issues related to patents. In this article we will answer the questions of foreign nationals, in one of the following articles, we will present the answers to the most popular questions from Russian employers.
Who can be granted a patent
Patent may be issued:
- a foreign citizen who has attained 18 years of age;
- a foreign citizen who arrived to Russia in order not requiring a visa.
The procedure for obtaining a patent
Step 1. First of all, you must personally or through the authorized organization to contact the Department on labour migration issues with the documents.
Step 2. The deadline for application is 30 days from the date of entry into Russia. If a foreign citizen violates the deadline, it is assigned a fine in the amount from 10 000 to 15 000 rubles.
Step 3. The patent is exclusively made in person, within 10 working days from the date of filing.
Step 4. Within 2 months after receiving the patent, the foreign national must submit to the Department of labor migration of a copy of the contract under which he is working (if working for an individual entrepreneur or a legal entity).
Step 5. When applying for a patent, the migrant will be required to undergo fingerprinting examination.
The documents that you must provide to obtain a patent
To obtain a patent from 2015 to the Department on labour migration should provide the following set of documents:
- the application for a patent a foreign citizen;
- the document proving the identity and recognized by the Russian Federation in this quality (copy);
- migration card, which indicates the purpose of visit "work in Russia";
- policy of voluntary medical insurance, providing the migrant emergency medical care; copies of contracts on granting of paid medical services, valid on the territory of the Russian Federation for the period of employment;
- medical certificate about the absence of the migrant specific diseases (leprosy, syphilis, drug addiction and other diseases from the established Government of the Russian Federation of the list), and HIV-infection issued by medical organizations located on the territory of the Russian Federation;
- a document confirming knowledge of Russian language, knowledge of Russian history and fundamentals of legislation;
- document on payment of a fine in case the migrant failed to provide the necessary documents;
- documents on statement on the migratory account;
- photo 3x4 (2 PCs).
To work the foreign national is only in the area specified in the patent. The patent also indicates the specific position and the type of economic activity of the employer company.
How to re-register patents granted in another region
This should apply to the territorial body of the FMS of the region in which the foreign citizen intends to work, within a period not later than 10 working days prior to the expiration of temporary stay.
What is the term of issued patent in 2015
The term of a patent is from 1 to 12 months depending on payment of tax, not more than 12 months.
What to do after obtaining the patent
If a foreign national employed by a legal entity or natural person, he must within two months from the date of receipt of the patent to submit to the Department on labour migration, the copy of the employment contract or a copy of a civil law contract on performance of works or rendering of services.
What do You need to confirm the patent
To confirm (extend) of a patent, a foreign citizen need to pay tax on the income of individuals regularly and on time. A foreign citizen will be able to pay tax upfront for any period from 1 month to 12 months at a time.
What are the consequences of non-payment of tax
If a foreign citizen will not pay tax, its patent invalidated, and he will have to leave Russia.
You can obtain a second patent, without leaving the territory of the Russian Federation
To obtain the second patent, it is necessary not later than 10 working days before the expiration date of the patent to submit the necessary documents to the FMS of Russia. The number of applications for reissue of a patent may not exceed 1 times.
The documents required for reissue of a patent
In order to renew a patent must provide:
- application for renewal of a patent a foreign citizen;
- the documents confirming the payment of income tax;
- migration card, which indicates the purpose of visit "work in Russia";
- policy of voluntary medical insurance, providing the migrant emergency medical care; copies of contracts on granting of paid medical services;
- medical certificate about the absence of the migrant specific diseases (leprosy, syphilis, drug addiction and other diseases from the installed list), and HIV infection;
- receipt for tax payment;
- results of testing on Russian history, Russian language and the basics of legislation;
- petition of employer for renewal of a patent a foreign citizen;
- the contract on the basis of which foreign citizens are employed;
- photo 3x4.
Professions and specialties, which can work with a patent
In the patent profession and is the profession by which a foreign citizen operates. A foreign national not entitled to work in the profession (positions, specialties) is not specified in the patent.
How to amend a patent
If during the term of a patent a foreign citizen has changed the name, surname, patronymic name or passport details, then within 7 days you must contact the territorial FMS for making changes.
Patent shall be granted, canceled and not reissued
- if a foreign national wished to terminate the patent;
- if the foreigner has not submitted the necessary documents;
- if no information about the employer in the Unified State register;
- if the foreigner has not provided the contract for the work;
- if during the year preceding the application for a patent, a foreign citizen was refused to grant a patent or a patent has been revoked;
- there are grounds envisaged by the PP. 1 – 10, 15 claim 9, clause 9.1, 9.2 and PP. 1 paragraph 9.7, item 9.8 of article 18 of Federal law No. 115-FZ dated 25.07.2002.
What to do if a patent is lost or damaged
In this case, in the FMS include:
- application for issuance of duplicate;
- migration card with a mark in the column "purpose of visit" is "work";
- the documents confirming the payment of tax on the income (receipt from Bank).
When you can re-apply for a patent, if there was a denial of issuance of a patent or a patent has been revoked
Re-submit the documents after a year from the date of refusal to issue, reissue, or the revocation of a patent.
The amount of the tax for the patent in the Khabarovsk territory
From 01.01.2015 the tax on the patent for work at physical persons is 2 744,5 rubles.
The validity of the patents and permits that are issued in 2014
Patents and work permits, furnished by foreign citizens in 2014, which expire before 1 January 2015 extended (which in 2014 paid the tax to incomes of physical persons in the form of fixed advance payment) continue to have effect during the period for which they were extended (during the period for which tax was paid) or until terminated, without any possibility of a further extension after 1 January 2015.
Patents issued before 01.01.2015
Patents issued prior to 01.01.2015 year, allow foreign citizens to work ONLY for individuals. Foreign nationals who received a patent to 01.01.2015 and does not leave the territory of the Russian Federation, have the right to issue a new patent without observance of the 30-day period from the date of entry in Russia, BUT! submit your documents NO LATER than 10 working days prior to the expiration of the period of temporary stay.