Features of the renewal of a labor patent after 12 months in the Russian Federation

Clause 1 of Article 13.3 of the Federal Law (hereinafter referred to as Federal Law No. 115, which entered into force on July 25, 2002) suggests that foreigners must obtain a special permit in order to carry out labor activities. For migrants who entered Russia without a visa, such a document is a work patent (for the rest, permission is required). It has a limited duration and requires periodic renewal. So, a mandatory renewal of a patent is necessary after 12 months of its validity.

Foreign citizens who have received an official, as well as those who have a patent, are protected by local labor laws. They are entitled to vacation, lunch, social package and so on. Also, persons who do not have a patent can stay in Russia for a limited period of time: no more than 90 days in every 6 months. The patent also makes it possible to stay in the country without leaving for 2 years (subject to compliance with the law and timely re-issuance of the document).

If the patent expires

Article 13.3 of the Federal Law distinguishes between 2 concepts:

1. Extension. According to paragraph 5 of the Federal Law, it is possible to extend the period of a document allowing a visa-free migrant to work for hire in the Russian Federation for any period that is a multiple of one month, provided that the total time does not exceed 1 year. What is required to renew a patent? The migrant must pay an advance personal income tax fee calculated in accordance with paragraph 2 of Art. 227.1 of the Tax Code of the Russian Federation. So, as of 2019, the payment amount in the Moscow Region is 4,500 rubles per month.
2. Re-registration. This refers to obtaining a second patent after the expiration of the first one (after 12 months). You can only reissue a document once. Thus, the total period of non-permanent stay in Russia cannot exceed 24 months. When re-issuing, the migrant receives a document allowing him to work for hire in the Russian Federation, which is almost identical to the new one.

Petition for renewal of a patent

One of the main documents required to obtain a re-permit. Issued to the hands of a foreigner at his request. If the application for the extension of the patent was not filed, the provision of a second document allowing the visa-free migrant to work for hire in the Russian Federation will be refused.

The document is drawn up from the current place of employment of a citizen. A request from an employer to renew a patent must contain:

1. The name of the organization in accordance with the constituent documents.
2. Profession (position) of the employee.
3. Location region.

It is important that the application be filed by the current employer, as the UWM stores information about each migrant and their place of employment. If the data in the database of the Ministry of Internal Affairs and the application do not match, the permit will not be reissued.

What time frame do you need to meet

Based on paragraph 8 of Article 13.3 of the Federal Law, the applicant must submit the required package of documents at least 10 days (excluding weekends and holidays) before the expiration of the twelve-month period of validity of the previous document allowing a visa-free migrant to work for hire in the Russian Federation. At the same time, it is necessary to include a possible refusal to accept the request due to the absence (incorrect execution) of certificates. A delay of at least one day leads to the need to travel outside the Russian Federation.

Extension at the MFC

In Russia, there are centers that combine everything necessary for interaction with migrants. For example, on the territory of the MFC of Moscow there is a bank for receiving personal income tax payments; a medical institution where you can get a certificate of the absence of HIV; insurance that sells VHI policies; a department licensed to provide language testing and other services.

Such a center allows you to draw up all the necessary documents (except for an application and an employment agreement) on the spot and submit an application here. Before extending a patent for work, a migrant needs to independently collect certificates. It is recommended to apply at least 20 days before the expiration of the twelve-month period of validity of the previous document, since the MFC still needs to send information to the Ministry of Internal Affairs.

Cost of the procedure

The final amount that you have to pay consists of several elements. By points (prices are taken from the official website of the MFC of Moscow, and therefore are relevant only for the capital region):

1. Issuance of a ready-made permit - 3,700 rubles.
2. Medical examination - 2,300 rubles.
3. VHI policy - 4,000 rubles.
4. Translation of a passport and notarization of a copy - 400 rubles.
5. Personal income tax contribution - 4,500 rubles. (one month).

When paying at the bank, it is possible to charge a fixed commission of 100 rubles. Thus, the total amount of how much it costs to renew a patent is 15,400 rubles.

Validity of the new patent

The issue is regulated by paragraph 13 of Art. 13.3 FZ. The general gist is that the new resolution is similar to the primary one. That is, the period of renewal of a patent for a foreign citizen must be a multiple of one month and cannot exceed 1 year. The total period depends on the amount of personal income tax paid by the migrant.

How to check a patent for validity

There is a special service on the official website of the Main Department of Internal Affairs of the Ministry of Internal Affairs. The user needs to know the details of the permit and the passport number. When you enter the specified information in the appropriate line, the .

Refusal to renew a document

The main reason for the refusal is the incorrect execution of the necessary certificates or their complete absence. Also, re-issuance may be blocked due to a delay in submitting a request. If the extension of a patent for work for foreign citizens has become impossible, the migrant will be forced to leave Russia. If you wish to continue working in the Russian Federation, you need to return back and apply for a new permit.

Conclusion

A foreigner may renew a patent no more than once for a period of 12 months or less. If, after 2 years (the total period of validity of the primary and secondary document allowing a visa-free migrant to work for hire in the Russian Federation), he wishes to continue working here, he must cross the border of the country and re-submit documents to the Main Department of Internal Affairs. The same must be done in case of refusal to re-register.