Most migrant workers can legally work in Russia only in two cases: if they have a work permit or a work patent has been issued.
What is the difference between a patent and a work permit?
It is easier to get a patent, but you can legally work on it only from a private person. If you have a work permit, you can work for both a company and a private person.
Attention! From January 1, 2015, labor migrants who arrived in Russia from "visa-free" countries will have to obtain a work patent from a legal entity..
How to get a work permit in the Russian Federation? Who gives it out?
To obtain a work permit for the period of temporary stay, a foreign citizen who arrived in the Russian Federation without a visa must apply to the territorial body of the Federal Migration Service of Russia at the place of migration registration in person, or through an organization that employs foreign citizens in the Russian Federation, or through a representative of this foreign citizen, and provide the following documents:
* An application for a work permit for a foreign citizen (front and back) who has arrived in the Russian Federation, in a manner that does not require a visa.
• The application form must be filled in in Russian in block letters or in electronic form, and abbreviated words must not be used. The information provided in the application must be complete. A 30×40 mm color photo should be pasted on the application form in the appropriate field.
• A document certifying the identity of a foreign citizen;
* A document on payment of the state fee for issuing a work permit to a foreign citizen in the amount of 2000 rubles;
• Migration card with a mark of body of boundary control about entrance to the Russian Federation or a mark of territorial body of the FMS of Russia for the extradition of a foreign citizen's migration card.
Attention! The migration card can not be provided to the FMS, in this case, an employee of the FMS of Russia checks the data about a foreign citizen on the basis of the information available in such an authority.
It is allowed to refuse to accept an application for a work permit to a foreigner only if the foreign citizen has not submitted the necessary documents. There are no other grounds for refusal.
The authorized employee of the territorial body of the FMS of Russia registers the application, puts the registration number on it and issues the applicant a copy of the application with a note of acceptance indicating the appropriate date. A work permit is issued to a foreign citizen in person, upon presentation of an identity document.
A work permit is issued by the territorial body of the FMS of Russia within the established quota for issuing work permits no later than 10 working days after the submission of all necessary documents and only if all the information in the documents is true and correct. If a foreign citizen does not have a specific place of work when applying to the FMS of Russia for a work permit, then he can apply for assistance in finding a job in the employment service.
How do I renew my work permit?
In the case of an employment contract or a civil contract, a foreign citizen has the right to extend the period of stay for the duration of the said contracts, but not for more than 1 year. To do this, before the expiration of the period of temporary stay specified in the notification of registration at the place of temporary stay, you need to contact the territorial body of the FMS of Russia and extend the work permit.
To extend this period, a foreign citizen, no later than fifteen working days before the expiration of the specified permit, submits to the territorial body of the federal executive authority in the field of migration:
• an application for the extension of the validity period of the work permit;
* an employment contract or contract for the performance of work (provision of services), concluded and executed in accordance with the legislation of the Russian Federation;
• information on the types of work carried out by a foreign citizen on the basis of a work permit obtained by him, submitted in the form approved by Order of the Federal Migration Service of Russia No. 223 of 20.07.2010;
* documents confirming the absence of a foreign citizen with drug addiction and presenting a danger to the surrounding infectious diseases
* documents confirming the registration of a foreign citizen at the place of residence.
Attention! A foreign citizen may not submit documents confirming registration at the place of residence. Then the information about the registration of this foreign citizen at the place of residence, available in the state information system of migration registration, is used.
My work permit in the Russian Federation ends, what will happen if I do not renew it?
If the period of temporary stay in Russia expires and the foreign citizen has not applied for an extension of the work permit, he is obliged to leave the Russian Federation. Otherwise, a fine in the amount of 2 500 – 5 000 In some cases, together with a fine, he faces administrative expulsion from the Russian Federation. At the same time, a foreign citizen who is subject to administrative expulsion may be barred from entering the Russian Federation for up to five years.
But if the work permit is not renewed for some reason, then you can apply for a patent for work from a private person. Then you can stay in Russia legally.
If, when applying for a work permit, a foreign citizen submitted an employment contract in addition to the documents listed above and was issued a work permit for a period of more than 90 days, he is obliged to submit it to the territorial body of the FMS of Russia within 30 days from the date of receipt of such a permit:
* certificate of absence of drug addiction and dangerous diseases such as leprosy, tuberculosis, syphilis, chlamydial lymphogranuloma, chancroid;
* certificate of absence of AIDS (HIV infection).
If a foreign citizen has not submitted the necessary medical documents within the prescribed period, the work permit issued to him is canceled and the employer is obliged to terminate the employment contract with him.
After the conclusion of an employment contract, the employer or the customer of the work (services) is obliged to notify the territorial employment authority of the relevant subject of the Russian Federation and specify the validity period of such a contract for extending the period of stay of a foreign citizen in the territory of Russia. After that, the foreign citizen can legally stay on the territory of the Russian Federation for the duration of the work permit.
When entering into a new employment contract, the employer must again notify the territorial body of the FMS of Russia about the conclusion of a new employment contract by a foreign employee.
The employer or the customer of works (services) is obliged to transfer the detachable part of the second notification to the foreign citizen.
Is it possible to work in Moscow if a work permit is obtained, for example, in Ivanovo?
If a work permit is obtained in Ivanovo, you will not be able to work legally in Moscow. A foreign citizen can only work legally in the region of the Russian Federation in which he has been granted a permit, except in cases provided for by law. In this case, you need a new work permit.
• Our center does not provide the following services that the "Customer" will need: notarization of documents; obtaining a medical certificate for migrants; a certificate of knowledge of the Russian language.
• In our center, you can apply for a Voluntary Health Insurance Policy for migrants that meets the requirements of the Federal Migration Service of Russia.
• This service is available only when applying for a foreign employee for a position that belongs to the list of Non-Quota positions. In cases where the requested position belongs to the quota list, an application for a quota is submitted for the next calendar year, until April of the current year.
• In case of one-time registration of two or more employees, the price of our services for the first employee is 100%, and for the second and subsequent employees 50% of the cost of the service. State fees are paid for each employee in full.
A LIST OF DOCUMENTS TO BE SUBMITTED TO OUR CENTER FOR A WORK VISA FOR 1 (ONE) OF A FOREIGN CITIZEN.
1. Initial documents to start the process (copy by e-mail):
• Full details of the company in electronic form, which include the following information: Full and abbreviated name of the legal entity, INN/KPP, OGRN, Code the main activity, legal. address and fact. address, bank details.
• FULL name of the General Director and his passport data for accreditation in the Federal Migration Service.
* Certificate of registration of a legal entity — OGRN) - copy by e-mail
* Certificate of registration with the tax authority (TIN/KPP) - copy by e-mail
* A copy of the foreign citizen's passport (the passport must be valid for another 1.5 years after the expiration of the work visa.) copy by e-mail
* A copy of the diploma of higher education-a copy by e-mail
* Draft employment contract for approval under the new requirements of the FMS of Russia. - copy by e-mail
2. The originals of the documents that will be required for their delivery to the FMS of Russia.
* Certificate of registration of a legal entity (OGRN) certified by a notary — 1 copy.
* Certificate of registration with the tax authority (TIN/KPP) certified by a notary — 1 copy.
* A copy of the passport page with data on a foreign citizen (future employee) notarized translation — 1 copy.
* Copy of the diploma — notarized translation — 1 copy.
* Voluntary health insurance policy (required before submitting documents for the 3rd stage) - 1 copy.
* Medical certificate for foreign citizens applying for a work permit (required before submitting documents for the 3rd stage) - 1 copy.
* Certificate of knowledge of the Russian language for migrant workers — 1 copy.
• 2 photos, color matte, on a white background, size 3 cm * 4 cm.
* Paid state duties, if from the company's current account, then the original payment card with the bank's mark. You can pay through the Sberbank terminal. Download receipts
* Sets of documents prepared by our center and certified by the seal and signature of the head of the company "Employer".
Legal Services Provider Co.LTD LLP provides assistance only in the preparation, submission and receipt of documents in state bodies (Employment Center, Federal Migration Service) and performs all actions on behalf of and on behalf of the "Customer".
If the Federal Migration Service or another authority decides to refuse to issue documents at one of the stages, due to the provision of incomplete or unreliable data from the "Customer" (the employer Company), the payment for the services rendered will not be refunded.
some questions about obtaining a work permit in the Russian Federation
Every year, more and more migrants come to Russia who want to work in our country. Conducting labor activity is recognized as illegal without obtaining the appropriate document. For foreigners from the CIS countries, this document is a patent, and for migrants who arrived from far abroad — a work permit in Russia (RNR).
This document is a plastic card that contains a unique number and data of the migrant. Its registration and issuance is handled by the FMS. The card allows you to find a job in organizations registered in Russia. The RPR is issued for a year and is valid only in one specific subject of the country and exclusively in relation to one employer, and a visa migrant can only find a job with a legal entity. For example, if a foreigner has received an RPR to work in a company located in Moscow, he will not be able to work in an organization registered in St. Petersburg.
THE DIFFERENCE BETWEEN PHP AND A PATENT
Citizens of visa-free countries receive an RNR if their plans include work in Russia. Ukrainians and citizens of the CIS countries, for example, Uzbekistan, apply for a patent for this purpose. This is the fundamental difference between the two documents. The RPR is issued by visa — free foreigners, the patent is issued by visa-free migrants from neighboring countries. This innovation has been in effect since the beginning of 2015 (it is also relevant in 2016). But there are two other states whose citizens have the right to work freely in the Russian Federation. These are Belarus and Kazakhstan. The Belarusians and Kazakhs get a job in the same order as that of the Russians.
PROCEDURE FOR THE EMPLOYER'S ACTIONS
The registration of the RPR is fully handled by the employer, the duties of the migrant include only the provision of the necessary documentation. The legislation of the Russian Federation establishes a restriction on the entry of foreign employees. This is done primarily to protect our country's own labor market from the influx of migrants. The number of foreign employees is regulated on the basis of job quotas. The Government of the Russian Federation annually sets quotas for issuing invitations for migrant workers. Quotas are set depending on the profession, specialty and qualifications of migrants.
THE STEPS FOR GETTING PHP
The general procedure for the company's actions involving foreigners from visa-free countries as future employees will be as follows:
1. Applying for a quota in the Ministry of Labor and Social Protection. It is convenient to do this on an automated portal www.migrakvota.gov.ru. The application contains information about the amount of remuneration, the nature of the work, the qualifications and citizenship of the employees. To receive a quota for the next calendar year, the application is submitted in the first half of the current year. When submitting an application, the employer also indicates the required number of foreign employees and the positions for which he would like to receive quotas.
2. Placement of a vacancy in the Employment Service, which is located at the address of the company's registration. Within one month, the center's employees can apply to the organization with offers of employment for a vacant vacancy of a Russian citizen.
3. Registration of the employer in the FMS. Moreover, both the company and the CEO are registered.
4. Submission of an application to the FMS for a permit to attract foreign labor (RPRIS). To do this, you need:
o application (the form can be downloaded and the ward document that you sent is called Zaya_rnr);
o copies of INN and OGRN;
o receipt of payment of state duty. Its amount is 10,000 rubles.
5. Issuing an invitation (required for issuing a work visa). It will take about 20 days to get it. You will need the following documents:
o a copy of your passport, valid for at least 36 months from the date of registration of the PHP;
o a copy of an extract from the Unified State Register of Legal Entities with a limitation period of no more than 1 month;
o legal entity account card;
The documents are submitted to the FMS, which will send an invitation to the consulate of the country of which the future employee is a citizen. In the future, he will personally appear at the consulate to obtain a visa.
1. Registration of a personal work permit for a specific foreign employee. Documents for obtaining a personal PHP:
o application to the Federal Migration Service for the issuance of an RPR for a foreign employee;
o a personal application from the foreign employee for the issuance of the RPR;
o photo 3x4 cm;
o medical certificate on the absence of dangerous infections and confirmation that the foreigner does not suffer from drug addiction;
o copy of the migrant's passport;
o a copy of the education certificate;
o receipt of payment of state duty. Its cost is 3,500 rubles for each foreign employee.
All documents for a work permit must be notarized; if they are written in a foreign language, they must be translated. You can get a work permit from the FMS in 10 days.
More detailed information is available on the FMS website: fms.gov.ru/government_services/poryadok_razresheniya
An important point: after entering the country, a migrant must register with the FMS. This will take 7 working days. The time is counted from the moment of crossing the border (this date is reflected in the migration card, which is filled out by each foreigner).
A work permit for a foreign citizen is issued on the condition that he has a voluntary health insurance policy or a contract for the provision of paid medical services concluded with a health care institution. Medical services mean the provision of emergency and primary health care.
PASSING THE EXAM FOR OBTAINING THE RNR
Since the beginning of 2015, the rules of registration of the Russian People's Republic of Belarus for foreigners who entered the Russian Federation on a visa document have changed. However, these rules also apply to visa-free foreigners. Now every migrant worker is required to pass a comprehensive exam on the knowledge of the Russian language, history and the basics of the legislation of the Russian Federation. Passing the test is confirmed by a certificate of the established sample. You can take the exam in specialized centers that are accredited to conduct such events. The cost of the exam is 4900 rubles.
THE EMPLOYMENT OF VIDEOCONFERENCING
A highly qualified specialist (VKS) is a foreigner with work experience, skills and knowledge in a certain field, subject to special salary requirements (more than 2 million rubles per year). The RNR for such employees is issued for 3 years outside the quotas. Moreover, this category of labor migrants has the right to work in several regions of the Russian Federation at once. It is allowed to extend the RPR an unlimited number of times for the duration of the employment contract, but not more than 3 years each time.
After obtaining a work permit for the VKS, the company is obliged to inform the FMS within 30 days of the employee's tax registration. In the future, the employer periodically confirms the fulfillment of its obligations to pay a salary not lower than the established minimum.
The employment of videoconferencing has special advantages:
1. PHP can be issued for any profession, regardless of the allocated quotas;
2. You do not need to get a PPIRS, you do not need to register the PHP itself. Permission to work of the VSC receives their own.
3. Short deadlines for documentation processing, which are no more than 14 days;
4. Close relatives of the VKS can enter the Russian Federation at the same time without issuing additional entry documents;
5. The VKS can get the RNR to work both in one subject of the Russian Federation, and in several. This category of citizens has the right to work throughout Russia. Such persons are sent on official business trips, they are allowed to stay on the road for an unlimited amount of time, if the work is traveling.
There are a number of positions that foreign employees are not entitled to occupy. Thus, foreigners cannot:
* Hold positions in the state or municipal service;
* To be a member of the crew of a vessel sailing under the State Flag of the Russian Federation;
* Work in organizations engaged in secret activities, access to which foreigners are restricted or prohibited;
• Command of aircraft of civil aviation;
* Be a member of the crew of a warship;
* Apply for positions in companies involved in ensuring the security of the country.
EXTENSION OF THE RNR
The RPR is not a permanent document and is valid only for the period for which the employment contract is concluded, but not more than 1 year from the date of entry of the migrant into the Russian Federation (with the exception of the VKS). Therefore, the extension of the temporary work permit is possible when the employment contract was originally concluded for a period of less than 12 months. Then the PHP can be extended for up to 1 year. If the RPR was issued for 1 year, then the migrant will need to get a new migration card, and then issue a work permit.
A new PHP will be issued only if there are grounds for it. This may be the employer's intention to enter into a new employment contract with the migrant.
To extend the RNR, a package of documentation is submitted to the FMS:
1. Migration card with a stamp on entry to the Russian Federation;
2. Employment contract;
3. Confirmation of temporary registration;
4. Originally issued by the PHP;
5. A copy of the passport with a notarized translation;
6. 3x4 cm color photo;
7. Medical report on the state of health;
The deadline for issuing a second RPR is 10 days, after which the migrant must personally appear for receiving the document. The new work permit will also be valid for exactly one year from the date of issue.
If the validity period of the RPR has expired, the migrant is not entitled to continue working, and the employer is prohibited from allowing such an employee to work.
MAKING A CHANGE IN THE RNR WHEN CHANGING THE EMPLOYER
If a foreigner's employer has changed, then changes are made to the RNR. Moreover, the new employer must make changes to the RNR without fail. First, the employer concludes with a worker a contract of employment, and then notifies this fact to the employment Center, the IRS and FMS, and then delivers the documents:
• Employment contract (original);
• Previously issued PHP;
* Confirmation of migration registration;
* Copies of notifications about the employment of a foreigner from the Employment Service, the Federal Tax Service and the Federal Migration Service.
The procedure for issuing PHP is as follows. At the time of reworking the document, the migrant is issued a receipt stating that his documents are under consideration. With this paper, the foreigner has the right to continue working. The foreigner personally takes the reissued document from the FMS on the specified day.
It is worth noting that the document can not change the region of action of the RNR and the profession specified initially. To make such changes, a new PHP is issued.
There are several ways to verify the authenticity of a document.
1. Check on the FMS website. Click on the link and enter the PHP data that you want to check. Then click on the "Send request" button and the system will display the result, whether such a PHP is registered or not. However, as indicated on the website, the issued result is only for reference purposes, and to obtain legally relevant relevant information, it is recommended to contact the Federal Migration Service in person. This method of verification also has another significant drawback — if the PHP was received not so long ago, the information in the system has not yet been updated, so the information obtained is difficult to consider completely reliable.
2. Personal visit to the Migration Service. The longest method, which, however, will give the most reliable result. To verify the PHP, the employer must submit a written request about the validity of the document.
3. Visual inspection of the document. You can check the authenticity of the PHP with the help of an ultraviolet currency detector. If you put a plastic PHP card under it, then the original document will show oblique green lines up to 0.5 mm thick. In fake permits, they are usually thicker. Using this device, the employer can easily detect another difference between the fake PHP and the original one. On the back of the card, the inscription "FMS of Russia"should be clearly visible. If it is blurry and featureless, then it is very likely that you have a fake PHP.
When hiring foreigners, the employer must be prepared for frequent checks by the Migration Service. If the FMS employees reveal violations, a fine is imposed. An employer who is a legal entity is fined up to 1 million rubles for each illegal employee for employing migrants without the Russian Federation (or those who entered the Russian Federation in violation of the visa regime). If there are several such employees, then a fine is charged for each of them. In case of repeated detection of violations related to the registration of foreigners, such an organization may be deprived of the right to conduct business. The decision of the FMS can always be appealed, but most of these cases are lost by businessmen.
Penalties are also imposed on the foreigner himself, if he works without the RNR. Their size varies from 2000 to 5000 rubles in the subjects of the country and up to 7000 rubles in the capital with
the further expulsion of the migrant.
In a number of cases, a labor migrant is denied the issuance of the RPR, and it is also possible to cancel a previously issued document •
* The migration card is expired, there is no temporary registration;
• The validity period of the passport of a foreign employee ends in less than 6 months;
* A foreigner under the age of 18 or is a pensioner;
* The migrant provided fictitious documents or provided false information;
* The foreigner has repeatedly violated the rules of stay in the Russian Federation;
• Incomplete documentation was provided;
* In the last 5 years, a migrant has been expelled or deported outside the Russian Federation;
• A migrant worker has an outstanding criminal record;
* A foreigner suffers from drug addiction or has dangerous infectious diseases;
* The migrant does not live in Russia for more than 6 months and does not work in the company specified in the Russian Federation.