Confidence Group is pleased to offer you the overview of the peculiarities of obtaining patents at Multifunctional Migration Center (Sakharovo).
Download the full document clikc here.
In accordance with the Federal Law as of November 24, 2014 N 357-FZ "On Amendments to the Federal Law" On Legal Status of Foreign Citizens in the Russian Federation "and some legislative acts of the Russian Federation" the procedure of foreign labor hireof foreign citizens from visa-free countries was cordially changed since 2015.
Thus, foreign citizens from visa-free countries are obliged to receive a patent for work.
Now foreign labor hire quota in Russia doesn’t cover citizens from visa-free countries applying for patents as well as their employers.
Where to apply for a patent
In order to obtain a patent a foreign citizen shall apply to the Multifunctional Migration Center (MMC) which is situated in New Moscow near Sakharovo (50 km from MKAD).
The official website of the MMC http://mc.mos.ru/
Working hours
- the documents for a patent are accepted 24 hours a day.
- to pick up a patent one can from 8:00 till 20:00.
- medical examination is carried out from 8:00 till 24:00.
- testing is carried out 24 hours a day.
Multifunctional Migration Center works without days off and holidays.
Telephone of call-center +7 (495) 539 5533
According to the Order of FMS as of January 15, 2015 N 5 “On approval of the FMS Administrative Regulation of the state service of issuing patents to foreign citizens" which came into force on January 15, 2015, FMS departments received the right to accept documents and issue patents for foreign citizens from visa-free countries.
But, unfortunately, at the moment, none of these departments accept documents for patents. Applicants are sent to the MMC in Sakharovo.
The list of FMS departments responsible for issuing patents for foreign citizens was published on the official website of the Federal Migration Service of Russia in Moscow. The full list of FMS departments is available here.
A foreign citizen can also apply for a patent to the territorial department of FMS at the place of migration registration.
A foreign citizen shall apply to MMC or territorial department of FMS for obtaining a patent in person.
In Moscow there is also United migration center in Perovo which renders intermediary services. Foreign citizens can pass exam of the Russian language, history and Russian legislation and attend medical examination in United migration center. However, documents for receiving a patent are presented to MMC.
Peculiarities of obtaining patents at the United Migration Center (Perovo) were recorded by one applicant. This video is available here.
How to get the MMC (Sakharovo)
You can get the MMC (Sakharovo) by bus from Lesoparkovaya metro station.
Bus timetable:
From 6.30 a.m. (from Lesoparkovaya metro station) to 8.23 p.m. (from MMC)
Buses depart every 20 minutes.
Bus fare is 150 RUR to one side.
Buses go directly to the MMC.
There is a small parking (for several hundred cars) for those applicants who get the MMC by car. Unfortunately, this parking is always full.
Those applicants who get the MMC by car must pass through a checkpoint with a metal detector, as well as to present a passport of a foreign citizen. Please note that Russian citizen may not be permitted to enter to the territory of the MMC, excepting cases of support to foreign citizens while applying or obtaining a patent.
Arrival area
After entering to the MMC territory foreign citizens are invited to go to the arrival area where the way of applicants is specified.
At the arrival area the MMC representative meets foreign citizens and sends them to different departments depending on the presence or absence of a complete set of documents for applying for a patent.
Foreign citizens with a complete set of documents are proposed to stay in general line (300-1.000 applicants). Spending several hours in a line a foreign citizen goes to one of four tables where MMC employees sit and give primary consultation as well as a coupon for submitting documents for a patent.
As of February 13, 2015, coupons are given for submitting of documents not earlier than 2 weeks after the first visit to the MMC.
According to the MMC employees this center can process no more than 600-800 sets of documents. So it is the reason of increased waiting time before the submission of documents.
Foreign citizens with an incomplete set of documents (in case of absence of a medical examination list and HIV certificate, certificate confirming the knowledge of the Russian language, knowledge of the history of Russia and Russian laws) are proposed to go to the areas of medical examination or testing. Foreign citizens shall also prepay the cost of the service.
When a foreign citizen receives all the necessary documents including a medical examination list and HIV certificate, certificate confirming the knowledge of the Russian language, knowledge of the history of Russia and Russian laws, he/she will be proposed to go to the general line for receiving a coupon for submitting the documents.
Medical examination
The medical examination is carried out in the building "D". It is a quite small building and a car with the cabinet for passing fluorography.
As a rule the results of the examination are ready within 3 days. But the number of applicants of the medical department is limited that’s why MMC officials ask foreign citizens to go through medical examination somewhere else.
Full information about medical organizations responsible for medical examination of foreign citizens is available here.
Obtaining certificates confirming knowledge of the Russian language, history and Russian legislation
In accordance with the Federal Law of the Russian Federation as of April 20, 2014 N 74-FZ "On Amending the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" starting from January, 1, 2015, foreign citizens must confirm their knowledge of the Russian language, history and laws of Russia.
A foreign citizen is not obliged to confirm the knowledge of the Russian language, history and laws of Russia in case he/she got document on education of state-approved format (secondary, higher), issued before September 01, 1991 by an educational institution, situated in a one of the former USSR republics or after September 01, 1991 on the territory of Russia.
It is necessary to provide an original of the above mentioned document while applying for a patent.
In all other cases it is necessary to pass testing and get the appropriate certificate.
Testing is carried out in the building "G" by Moscow Centre for Quality Assurance in Education. The cost of the testing is 500 RUR.
It is necessary to provide the following documents for testing;
- passport;
- migration cars;
- receipt of payment.
Timetable of testing and rules of behavior during testing are available here:
A foreign citizen is offered to answer 20 questions on knowledge of the Russian language, history and laws. Test results are known immediately after passing. It is enough to answer on 50% of questions for the successful completion of the test. After this a standard certificate valid within 5 years on the territory of Moscow only is issued to a foreign citizen.
Demo-test of Moscow Centre for Quality Assurance in Education is available here: http://demo.mcko.ru/test/
In case of failing to pass testing a foreign citizen is offered to go through testing procedure again.
Foreign citizens from visa countries may also go through testing procedure in Moscow Centre for Quality Assurance in Education, located on the territory of MMC in Sakharovo.
Testing in the afternoon will prevent a foreign citizen from staying in the long queues.
A foreign citizen may also go through testing procedure and receive a certificate in any other educational institution which has the right to conduct testing on the territory of Moscow or Russia.
Full information about peculiarities of obtaining certificates confirming knowledge of the Russian language, history and law is available here.
We also offer you a funny video from the Testing Center of foreign citizens at Kantemirovskaya.
Submission of documents for a patent
A foreign citizen must apply to the MMC with a complete set of documents on the appointed day specified in previously got coupon.
Receipt of documents is carried out in the building "B". Men and women stand in a common line.
After submitting of the documents a foreign citizen is offered to go to the payment area and pay for MMC services and personal income tax.
Documents necessary for obtaining a patent
- application for a patent;
- an identity document of a foreign citizen;
- migration card with the purpose of visit as “Work”;
- contract (policy) of voluntary medical insurance;
- medical examination on the absence of drug addiction and certain infectious diseases;
- HIV certificate;
- certificate of knowledge of Russian language, history and law;
- migration registration at the place of stay.
A foreign citizen should submit the above documents within 30 calendar days from the date of entry to Russia.
If a foreign citizen failed to submit the following documents within 30 calendar days from the date of entry to Russia, he/she shall also submit a receipt confirming payment of the penalty for violation of the terms of applying for a patent.
In accordance with the Code of Administrative Offences of Russia there are administrative fines from 10,000 RUR to 15,000 RUR for violation of the terms of applying for a patent.
One can pay this fine after the corresponding decision of the territorial department of the FMS at the place of migration registration of foreign citizen is issued.
Confidence Group recommends not to apply to FMSD for issuing such a decision, because repeated violation of any provision of migration legislation can automatically lead to administrative exclusion from Russia.
Voluntary health insurance policy
A foreign citizen should provide a contract (policy) of voluntary health insurance policy.
Contract (policy) of voluntary health insurance shall ensure the provision of a foreign citizen with primary health care and specialized medical care in emergency form.
This policy can be issued by any insurance company of Moscow provided such service or can be bought at the MMC. At the moment MMC provides foreign citizens with policies issued by the following insurance companies:
- Rosgosstrakh-the cost of the annual policy is 3,500 RUR;
- Uralsib- offers two insurance programs 3,376 RUR and 5,610 RUR per year each.
The list of available budget variants of some insurance companies proposing voluntary health insurance policies in Moscow as well as the pecularities of of obtaining voluntary health insurance policies are available here.
Dactyloscopy (fingerprinting) procedure
After the submission of documents for a patent a foreign citizen is offered to pass dactyloscopy (fingerprinting) procedure. If a foreign citizen has an electronic version of fingerprint card there is no need to make it once again. If a foreign citizen has fingerprint card (mechanically received) it is necessary to make it once again.
The procedure of payment for MMC services
Payment for MMC services is carried out in the building "D" immediately after the submission of documents for a patent, excepting cases when a foreign citizen needs a medical examination and certificate confirming knowledge of Russian language, history and law. Payment for these services is carried out before these procedures.
The costs of MMC services are specified below:
N | Service | Price (RUR) |
1 | Filling documents, submitting them to the state authorities and obtaining a patent | 3500 |
2 | Voluntary health insurance policy | from 3500 |
3 | Testing on knowledge of Russian language, history and Russian laws | 500 |
4 | Translation and notary registration of a passport | 400 |
5 | Medical examination | from 2300 |
6 | Bank services | from 200 |
7 | Personal income tax payment for the first month of work | 4000 |
Personal income tax payment is also possible via any branch of Sberbank of Russia. Receipt is available at the Federal Tax Service of Russia, where it can be printed after filling in the appropriate fields https://service.nalog.ru/prepay.do
Personal income tax
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%.
Amount of fixed advance payment per month is 4,000 RUR in Moscow.
Nomination of payment must be - fixed advance payment on personal income tax.
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.
Obtaining a patent
A foreign citizen is offered to come to the MMC for obtaining a patent within 10 working days after submitting documents. Issuing patents is carried out in the building “B”. Due to the great number of foreign citizens wishing to obtain a patent, the term of their issuing has been increased to 14-15 working days.
Patents are issued to foreign citizen personally while providing the following documents:
- identity document;
- document confirming the payment of fixed advance payments.
Form of a patent
In accordance with the FMS Order as of December 8, 2015 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.
Please note that as of February 13, 2015 patents are issued on old pink blanks with information-valid only for work for individuals.
According to MMC employees a foreign citizen may work on the basis of a newly issued patent also for legal entities.
Issuing of patents will be carried out in accordance with the Order as soon as the new blanks appear.
Profession in a patent
In accordance with FZ “On Legal Status of foreign citizens in Russia” regional authorities have the right to specify/not specify profession (specialty, position, type of employment) of a foreign citizen in a patent. If the patent contains information about profession, a foreign citizen will have the right to work only on this position.
As of February 13, 2015 in Moscow and Moscow Oblast there are no decisions on specifying/ not specifying profession in a patent. Patents don’t contain information about profession.
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.
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.
Patent’s renewal
The law provides the possibility of renewal of a patent. In that case a foreign citizen shall apply to the MMC or local FMS which issued a patent not later than 10 working days before the expiry date of the patent.A foreign citizen shall provide the following documents:
- application form for renewal of a patent;
- an identity document of a foreign citizen;
- migration card with the purpose of visit as “Work”;
- document confirming the payment of fixed advance payments;
- contract (policy) of voluntary medical insurance;
- medical examination on absence of drug addiction and certain infectious diseases;
- HIV certificate;
- certificate of knowledge of Russian language, history and law;
- employer’s application on reissuing of a patent;
- copy of labor or civil contract (for foreign citizens working in legal entities or sole proprietors or private notary, attorney and other persons engaged in private practice)
The period of renewal of a patent is not more than 10 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.
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 or civil contract with a foreign citizen is available here;
- Notification form for a termination of the labor or civil contract with a foreign citizen is available here.
Foreign citizen’s duties
1. If a foreign citizen changes surname, name, patronymic name or passport number, a foreign citizen must apply to the territorial FMS for making changes to information contained in a patent. The corresponding application must be submitted within 7 working days:
- from the date of entry into Russia, in case changes have been made out of the territory of Russia;
- from the date of changes, in case changes have been made on the territory of Russia.
2. A foreign citizen has the right to work only on the territory where a patent was issued.
3. 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 subjects
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 subjects 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:
- application for a patent;
- document confirming the payment of fixed advance payments
- an identity document of a foreign citizen;
- contract (policy) of voluntary medical insurance or contract for the provision of paid medical services;
- documents confirming the absence of drug addiction and certain infectious diseases;
- 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 of a 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:
- application for a duplicate;
- an identity document of a foreign citizen;
- migration card with the purpose of visit as “Work”;
- document confirming the payment of fixed advance payments for the period of validity of lost or damaged patent.
The period of issuing such a patent is no more than 3 working days from the date of receiving the corresponding application.
Work permits issued before January 01, 2015
Work permits issued before January 01, 2015 confirm the right of a foreign citizen to work and are valid for the period for which they were issued or until their cancellation.
Period of validity of previously issued patents
In accordance with the acting law patents issued before 01 January, 2015 are valid for the period for which they were issued (from one to three months) or until their cancellation. Please note, that the period of validity of previously issued patents can’t be extended. Extension of the patent is made by paying fixed advance payment on personal income tax.
Thus, those patents which were issued and paid last year are still valid, but their extension for a new year is not possible. So previously issued patents are valid maximum up to March 2015.
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 about the latest changes related to work implementation of foreign citizens in the Labor Code is available here.
Detailed information about peculiarities of hire and labor activity of Ukrainian citizens in Russia is available here.
The responsibility of a foreign citizen and an employer
In 2015, amendments to the Administrative Code of Russia came into force. These amendments regulate administrative responsibility for the following violations of migration legislation:
1) work out of the subject of the Russian Federation where a foreign citizen receives work permit/patent/temporary residence permit – 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 for making changes to the information contained in a 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);
- from the date of changes in surname, name, patronymic name or passport number.
3) foreign labor hire of a foreign citizen out o fthe subject of the Russian Federation where a foreign citizen receive work permit/patent/temporary residence permit:
- fines for a foreign citizen from 5,000 RUR to 7,000 RUR;
- fines for officials from 35,000 RUR to 50,000 RUR;
- fines for legal entities from 400,000 RUR to 1,000,000 RUR.
4) failure or violation of the 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 a foreign citizen from 5,000 RUR to 7,000 RUR;
- fines for officials from 35,000 RUR to 50,000 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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