United Migration Center of Moscow Region in Krasnogorsk. Peculiarities of obtaining patents

As soon as a foreign citizen enters UMC he/she submits the following documents:

1. passport;
2. migration card (original, with the purpose of visit as “work”;
3. notification on migration registration;
4. copy of personal tax number of a foreign citizen

After the all the documents are submitted a foreign citizen informs UMC about the place of labor activity: individual or a legal entity. After that a foreign citizen shall pay UMC services fees, pass medical examination and testing on knowledge of Russian language, history and laws of Russia if necessary.

The UMC service fees

The following services are offered by the UMC while applying for a patent:

№	Service	Price (RUR)
1	Preparation of electronic and paper-based documents for further applying for state services on registration and issuance of patent	4,500
2	Voluntary health insurance policy valid up to 1 year (Rosgosstrakh)	3,200
3	Testing on knowledge of Russian language, history and law	4,900
4	Translation and notary registration of a passport	from 1,000
5	Medical examination	3,300
6	Personal income tax payment for the first month of work	4,000

Thus, the cost of full service is 21,300 RUR (though the sum of all services is 20,900, the cost of complex service is finally 21,300, exactly this sum of money you will have to pay)

The minimum cost of the UMC services is 20,900 RUR, not including bank fees.

The full list of UMC services is available here. A foreign citizen can pay for these services at bank terminals which are located at the UMC territory. Please note that there is a commission for any payment in the terminal.

The complex service is available by previous appointment. The telephone number to make such an appointment is 8-495-755-90-00.

After making payments a foreign citizen is offered to pass medical examination and testing on knowledge of Russian language, history and law.

Medical examination and dactyloscopy (fingerprinting) procedure 

The medical examination is carried out in the building 5, entrance 2, “Medical center”.

 

 

After all the documents are collected a foreign citizen is offered to stay again in a common queue to enter UMC that starts from a bus stop, along the underground garage, directly to the entrance to the UMC. Certain groups of foreign citizens are separated from the common line by security officers who lead them directly to the UMC.

Standard time spent in a line may reach few hours.

A foreign citizen is offered to visit the UMC in 10 working days for collecting a patent but not earlier he/ she receives the SMS confirmation.

Obtaining a patent

A foreign citizen can apply the UMC for a ready patent after receiving SMS confirmation.

Obtaining a patent is carried out at the UMC building, entrance №3. It is necessary to stay in a common queue to enter UMC that starts from a bus stop, along the underground garage, directly to the entrance to the UMC. It can take several hours to enter UMC.

The second variant of applying for patent

The second variant of applying for patent assumes submission of documents at some stages by a representative of a legal entity (e.g., an employer).

For this a legal entity must conclude once a contract with the UMC for providing the following services:

1. notary registered translation of the first page of a passport of a foreign citizen;
2. medical examination on the absence of drug addiction and certain infectious diseases and HIV certificate;
3. voluntary health insurance policy;
4. certificate of knowledge of Russian language, history and law;
5. filling documents for applying and obtaining a patent;
6. filling receipt for payment of fixed advance payment.

After concluding a contract and paying for the UMC services a representative of legal entity can submit documents and receive the coupons for medical examination, dactyloscopy (fingerprinting) procedure and testing on the knowledge of the Russian language, history and laws of Russia.

Representative of legal entity may submit documents for several foreign citizens by attorney.

Foreign citizens who suppose to apply for a patent with the help of the legal entity must personally visit Medical and testing centers in UMC.

The procedures of medical examination and testing on knowledge of Russian language, history and law don’t differ from the same procedures described in the first variant of obtaining a patent.

A representative of a legal entity visits the UMC once again in 5-6 working days after successfully passing of medical examination and testing by a foreign citizen and receives the following documents:

1. medical examination on the absence of drug addiction and certain infectious diseases;
2. HIV certificate;
3. certificate of knowledge of Russian language, history and law;
4. notary registered translation of the first page of a passport of a foreign citizen;
5. voluntary health insurance policy;
6. filled application for a patent. 

In order to obtain the corresponding set of documents representative of legal entity needs to pass on the second floor of the UMC and stay in line, which is much less than the one where foreign citizens receive the documents in person. On October 19, 2015 the issue of the medical certificates, translation of passports and certificates on passed exams to representatives of accredited organizations is carried out  in the window 251 on the 2nd floor of the UMC.

As soon as the full set of documents is collected a representative of an employee applies for a patent in window 202.

A foreign citizen is offered to visit in person the UMC in 10 working days for collecting a patent but not earlier he/ she receives SMS confirmation.

The cost of a patent obtained with the help of a representative of a legal entity is 20,800 RUR, including the following services (the cost individually, the full payment will be exactly 20,800 RUR in case of full complex of services) :

№	Service	Price (RUR)
1	Preparation of electronic and paper-based documents for further applying for state services on registration and issuance of patent	4,500
2	Voluntary health insurance policy valid up to 1 year (Rosgosstrakh)	3,200
3	Testing on knowledge of Russian language, history and Russian laws	4,900
4	Translation and notary registration of a passport	from 1,000
5	Medical examination	3,300
6	Personal income tax payment for the first month of work	4,000

Thus, obtaining a patent with the help of a legal entity reduces the number of visits of foreign citizens to the UMC, but does not exempt them from passing medical examination and testing on knowledge of the Russian language, history and laws, as well as from personal obtaining a patent in UMC.

Obtaining a patent

A foreign citizen can apply the UMC for a ready patent after receiving SMS confirmation.

Obtaining a patent is carried out at the UMC building. Certain groups of foreign citizens are separated from the common line by security officers who lead them directly to the UMC. Standard time spent in a line may reach several hours.

The order of personal income tax counting and payment

Foreign citizens from visa-free countries supposing to work in Russia are obliged to pay fixed advance payments on personal income tax at the rate of 13%.

In Moscow Region the amount of fixed advance payment per month is equal to 4,000 RUR

The name of payment must be - fixed advance payment on personal income tax.

Fixed advance payments on personal income tax can be paid in the UMC. Please note that there is a commission for any payment in the terminal.

The total amount of the estimated tax payment may be reduced by the amount of fixed advance payment made for the period of validity of the patent. The decrease of the estimated tax payment is made in a tax period by one tax agent at the choice of the taxpayer. An employer as a tax agent should receive a notification on confirmation of the right to decrease tax payment from the tax authority. An employee should make an application for receiving this notification.

Full information about personal income tax is available here.

Form of a patent

In accordance with the FMS Order as of December 8, 2014 N 638 a patent for work for an individual (Russian citizen) is issued on the red blank, a patent for work for a legal entity or individual entrepreneur is issued on the blue blank.

The period of validity of a patent

The period of validity of a patent is from 1 to 12 months.

It can be renewed once for the period from 1 to 12 months. But the total period of validity including its extension can’t exceed 12 month from the date of issuing a patent.

The period of validity of a patent is considered to be continued for the period for which fixed advance payment on personal income tax is paid. In this case there is no need to apply to UMC or FMS.

Otherwise, the period of validity of a patent is terminated from the day following the last day of the period for which fixed advance payment on personal income tax was paid.

The procedure for extending the period of temporary stay of foreign citizens

In accordance with the Order of the Federal Migration Service of Russia as of 15.12.2014 N 655 a foreign citizen must extend the period of its temporary stay in Russia.

In order to extend the period of  temporary stay in Russia, a foreign citizen should apply to the territorial FMSD at the place of migration registration. This application must be submitted not later than 7 working days before the expiry of the current allowed term of temporary stay. The extension of temporary stay should be done together with migration registration extension.

The extension of temporary stay is carried out for the period of validity of paid receipts on personal income tax. The period of temporary stay can be extended up to one year.

Please note that the extension of temporary stay of family members on the basis of a patent obtained directly by a working foreign citizen is not carried out. For the legal stay in Russia adult family members are offered to go through procedure of obtaining a patent.

Patent’s renewal

The law provides the possibility of renewal of a patent. In that case a foreign citizen shall apply to the UMC not earlier then 2 months and not later than 15 working days before the expiry of 12 months from the date of the patent issuance. A foreign citizen shall provide the following documents:

1. application form for the renewal of a patent (the form is available here);
2. an identity document of a foreign citizen;
3. migration card with the purpose of visit as “Work”;
4. document confirming the payment of fixed advance payments for the period of the patent;
5. contract (policy) of voluntary medical insurance;
6. medical examination on absence of drug addiction and certain infectious diseases;
7. HIV certificate;
8. certificate of knowledge of Russian language, history and law;
9. employer’s application on reissuing of a patent;
10. copy of labor or civil contract.

The period of renewal of a patent is 13-15 working days from the date of receiving the corresponding application. Renewed patent is issued to a foreign citizen personally while providing the following documents:

• identity document;
• document confirming the payment of fixed advance payments for the period of validity of reissued patent.

Please note it is recommended to specify the information in MMC on documents required for obtaining a patent.

The period of validity of renewed patent is from 1 to 12 months. But the total period of validity including its extension can’t exceed 12 month from the date of renewal of a patent.

The period of validity of renewed patent is considered to be continued for the period for which fixed advance payment on personal income tax was paid. In that case a foreign citizen shouldn’t contact FMS.

Otherwise, the period of validity of renewed patent is terminated from the day following the last day of the period for which fixed advance payment on personal income tax was paid.

FMS notifications

A foreign citizen  is also obliged to send to the territorial FMS a copy of labor contract within 2 months of the date of receiving a patent via post with notification of delivery or provide it personally.

An employer is obliged to notify territorial FMS on conclusion and termination of labor contracts or civil contracts. The term of notification is 3 working days from the date of conclusion/ termination of a contract.

• Notification form for a conclusion of a labor contract with a foreign citizen is available here;
• Notification form for a termination of the labor contract with a foreign citizen is available here.

Foreign citizen’s duties

If a foreign citizen changes surname, name, patronymic name or passport number, a foreign citizen must apply to the territorial FMS to correct the patent. The corresponding application must be submitted within 7 working days:

• from the date of entry (in case of changes in surname, name, patronymic name or passport number outside Russia);
• from the date of changes in surname, name, patronymic name or passport number on the Russian territory.

A foreign citizen has the right to work only on the territorial entity of Russia where a patent was issued.

If the patent contains information about profession, a foreign citizen will have the right to work only on this position.

Foreign citizen’s work on the territory of two or more Russian territorial entities

A foreign citizen has no right to work out of the territory where a patent was issued.

For working on the territory of two or more Russian territorial entities a foreign citizen should contact territorial FMS or Migration Center where he is planning to work. There is no 30-day term of doing this after entering on the Russian territory. A foreign citizen should personally provide the following documents:

1. application for a patent (the form is available here);
2. document confirming the payment of fixed advance payment on personal income tax
3. an identity document of a foreign citizen;
4. contract (policy) of voluntary medical insurance or contract for the provision of paid medical services;
5. documents confirming the absence of drug addiction and certain infectious diseases;
6. HIV certificate.

The period of issuing such a patent is no more than 10 working days from the date of receiving the corresponding application. The period of validity of such a patent can’t exceed the period of validity of previously issued patent.

Re-applying for a patent in case of refusal to issue a patent or its cancellation

In case a foreign citizen was denied to issue or to renew a patent or previously issued patent was cancelled, a foreign citizen has the right to apply for a patent once again not earlier than 1 year from the date of refusal to issue or renew the patent or the cancellation of the previous patent.

The loss of a patent or its damage. Duplicate of a patent

In case of loss or damage of a patent a foreign citizen may apply to the territorial FMS which issued a patent for its duplicate.

A foreign citizen shall personally provide the following documents for obtaining a duplicate of a patent:

1. application for a duplicate (the form is available here);
2. an identity document of a foreign citizen;
3. migration card with the purpose of visit as “Work”;
4. documents confirming the payment of fixed advance payments for the period of validity of lost or damaged patent.

The period of issuing such a duplicate is no more than 3 working days from the date of receiving the corresponding application.

Peculiarities of regulation of the labor market of foreign citizens working on the basis of a patent

The Federal Law as of December 01, 2014 №409-FZ amended regulation of the labor market of foreign citizens. The new law stipulates that the rules established by the labor legislation and other acts containing norms of labor law subject to foreign citizens in case of their employment.

Foreign citizens have the right to work after they reach the age of 18 years. A labor contract for an indefinite period must be concluded between a foreign citizen and an employer. The conclusion of a fixed-term contract is permitted only on general grounds stipulated in the Labor Code of Russia.

A labor contract with a foreign citizen must contain information about a patent. A patent should also be presented with general set of documents while hiring. Expiration of period of validity of a patent is the basis for termination of a labor contract (after 1 month from the date of expiration of the patent).

Detailed information on  the latest changes related to work implementation of foreign citizens in the Labor Code is available here.

The responsibility of a foreign citizen and an employer

The Administrative Code of Russia regulates administrative responsibility for the following violations of migration legislation:

1) work out of the territorial entity of Russia where work permit/patent/temporary residence permit was issued

• fines for a foreign citizen from 5,000 RUR to 7,000 RUR;

2) violation of the terms of applying for making changes in information contained in work permit/patent by a foreign citizen from visa-free country:

• fines for a foreign citizen from 4,000 RUR to 5,000 RUR;

We would like to remind you that if a foreign citizen changes surname, name, patronymic name or passport number, a foreign citizen must contact the territorial FMS to change the information contained in a patent.

The corresponding application (the form is available here) must be submitted within 7 working days:

• from the date of entry (in case of changes in surname, name, patronymic name or passport number out of Russia);
• from the date of changes in surname, name, patronymic name or passport number on territory of Russia.

3) the hire of a foreign citizen out of the territorial entity of Russia where work permit/patent/temporary residence permit was received by a foreign citizen:

• fines for a foreign citizen from 5,000 RUR to 7,000 RUR;
• fines for officials from 35,000 RUR to 70,000 RUR;
• fines for legal entities from 400,000 RUR to 1,000,000 RUR.

4) failure or violation of the standard procedure and (or) notification form of the territorial FMS on the conclusion or termination of labor contract with a foreign citizen within 3 working days from the date of conclusion/termination:

• fines for officials from 35,000 RUR to 70,000 RUR;
• fines for legal entities from 400,000 RUR to 1,000,000 RUR.

5) violation of the terms of applying for a patent:

• fines for a foreign citizen from 10,000 RUR to 15,000 RUR.

For additional information please contact consultants of Confidence Group.

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