Foreign citizens arriving in Russia in a visa-free manner are obliged to obtain a patent for work for the legitimate implementation of job activities. This document allows you to get a job in legal entities and individual entrepreneurs registered in the Federal Tax Service in the manner prescribed by law. Exempt from obtaining a patent for employment only citizens of those countries that make up the Customs Union with Russia: Belarus, Kazakhstan, Kyrgyzstan and Armenia.

The patent for work has a territorial force - the region where it is valid is indicated in the document itself. If a foreign citizen plans to work in several regions of the Russian Federation at the same time, for example, in Moscow and the Moscow Region, he is entitled to issue two patents.

For work in a region not specified in the patent, it is necessary to pay a fine, or you may bear a possible expulsion from the country and a ban on entry and labor activities in the Russian Federation for a period of 3 to 10 years.

Obtaining a patent involves filing all the necessary documents, passing a medical commission and the exam in Russian language, Russian history and the basics of the Russian legislation.

Article 13.3 of the Law of the Russian Federation No. 115-FZ clearly prescribes employers to enter into employment contracts only with those foreign nationals who have a legally issued patent.

The Law of the Russian Federation No. 115-ФЗ clearly defines the period during which the territorial body of the migration service must decide on the possibility of issuing a patent for a job. The countdown is made from the date of recieving of the entire set of documents, the term for issuing a patent for work for foreign citizens is 10 working days, the applicant should be informed about the results. After the patent is handed over, the two-month period begins, during which the employee must submit a copy of the employment contract to the registering authority.

The time of applying for a patent  for work is limited. According to Article 13.3 of Law No. 115-FZ, 30 calendar days are allocated to the foreign citezen from the moment a he/she enters Russia. For a set time, a foreigner must collect all papers, undergo a medical examination, receive a certificate of knowledge of the language, etc.

Article 18.20 of the RF Code of Administrative Violations for failure to comply with the stipulated time limit and filing an application after its expiration is punishable by a fine of 10,000–15,000 rubles (depending on the degree of respectful reasons that did not allow to meet the deadlines). The receipt of payment of the fine is automatically added to the package of papers that are necessary for the patent. 

Foreign citizens who are going to find a job in Russia need to specify “work” as the purpose of the visit when crossing the state border of the Russian Federation when filling out the migration card. The absence of this record will make it impossible to further issue of a patent for a job. 

Within 7 calendar days (for citizens of Tajikistan - 15 days), foreign citizens must register for migration, it is also advisable to take out insurance.

From the date of entry into the territory of the Russian Federation begins the countdown of 30 calendar days, during which you must go through all the necessary procedures, collect a package of documents, appear in the territorial office of the Main Department of Internal Affairs (in the region where employment is planned) and apply for a patent. After you submit the documents, you should receive the relevant certificate and wait for the SMS-message on the results of the review. If a positive decision it is necessary to make an advance payment, that is, the tax on personal income, and with a receipt and a passport to appear for a patent.

An exhaustive list of required papers for patent registration is presented in Art. 13.3 of Law No. 115 FZ, Administrative Regulations and Order of the Ministry of Internal Affairs of August 14, 2017 No. 635.

1. The application of the established form, the applicant fills it with his own hand in block letters in Russian.
2. Original and copy of passport, as well as its translation, certified by a notary. A passport must be valid for at least six months from the date of application.
3. Original and copy of the migration card (indicating the purpose of the visit “work”).
4. The original and a copy of the notification of the arrival and registration of the foreign citizen.
5. Medical certificate on the state of health and the absence of diseases listed as prohibited (HIV, drug addiction, tuberculosis).
6. Certificate of Voluntary Medical Insurance.
7. Photograph in color (30 × 40 mm).
8. Confirmation of sufficient knowledge of the Russian language, history and fundamentals of the legislation of the Russian Federation (certificate, certificate or diploma obtained in the USSR, etc.).
9. Receipt of payment of an advance fixed payment (can be presented upon receipt of the patent).

Foreign applicants for employment, among other things, must confirm a sufficient level of proficiency in Russian, as well as knowledge of the history and fundamentals of the legislation of the Russian Federation.

Such supporting documents can be:

• certificate or diploma of secondary special or higher education, issued in the USSR;
• a certificate of graduation from a secondary general education or higher education institution in Russia (after September 1, 1991);

or

• special certificate issued on the basis of testing.

Testing consists of three modules: the Russian language, history and the foundations of the legislation of the Russian Federation. The main one is the first (consists of five blocks, 70 minutes are allotted for its passage), and the remaining two tests are 15 minutes each.

To successfully pass the test, the applicant must:

• score at least 60% of correct answers in each language test block;
• on the history of Russia and knowledge of the laws of the Russian Federation correctly answer at least 5 questions (out of 10).

Article 13.3 of the Law No. 115-ФЗ establishes the obligation of a foreign citizen to confirm the absence of drug addiction diseases, infectious diseases (tuberculosis, syphilis, leprosy, etc.), as well as HIV infection. National health certificates are not recognized.

Medical certificates and a certificate of absence of HIV infection, that is, supporting documents must be issued after passing a commission in a authorized medical institution in the Russian Federation.

Russian authorities want to be sure that foreign citizens working under a patent in Russia do not pose a danger to the epidemiological environment and the health of Russians.

A medical examination is carried out by a special commission (general practitioner, phthisiologist, psychiatrist-narcologist, dermatovenereologist), also chest x-rays are done and tests are done:

• general blood analysis;
• HIV test;
• blood test for syphilis;
• general urine analysis;
• psychotropic substances analysis.

When an infectious disease is detected, the corresponding records are made in medical certificates, and the foreigner is sent to a specialized medical facility for treatment. In the presence of HIV infection certificate is not issued.

Foreign workers who have a patent for a job are equal in salary tax terms to residents, therefore the personal income tax rate for them is 13%. Taxpayers from this category must pay personal income tax on a monthly basis in the form of a fixed advance payment (in case of late payment, the patent will be canceled from the next day after the deadline for payment).

The patent tax to a foreign citizen is calculated taking into account the requirements of Article 227.1 of the Tax Code of the Russian Federation, for which a fixed advance payment is equal to 1,200 rubles. This amount, in turn, is subject to indexation for the deflator coefficient and the regional coefficient (different for different constituent entities of the Russian Federation) established for the current calendar year. If the amount of fixed payments exceeded the amount of taxes calculated over the past period on the employee's real income, the difference is not returned in this case. In 2019, at the federal level for individuals, the deflator coefficient was set at 1.623, for Moscow, the regional ratio was at 2.550.

Tax registration of a foreign person who has applied for a work patent is automatically processed. TIN is assigned on the basis of data that came to the Federal Tax Service from the Ministry of Internal Affairs. In the issued document in the column "special marks" indicate the TIN.

Law No. 115-FZ establishes the term of validity of a patent from one to twelve months. Payment must be made at least for one month before receiving the issued document. It is wise to pay for several months at once, ideally for as much as a patent is issued (but not more than 12 months). With such a payment, a foreign worker gets the opportunity to legally work in Russia for the entire designated period without thinking about taxes. 

With a monthly payment, you should pay attention to the date of its issuance on each patent, and you need to be guided by this date when making payments. This date will also help to find out the validity period of a patent, because late payment will terminate the patent.

According to the FMS Administrative Regulations, the maximum period for processing this document is 10 business days. After the allotted time has elapsed, the applicant must recieve a patent or a written reasoned refusal. After the document is issued and registered, a message will be sent to the applicant (to a phone number or email) inviting him to receive it.

Legislation limits the time during which he patent is valid - 12 months.

At the end of the year, the procedure for extending the patent changes, in which case it is necessary:

• In advance, before the deadline, proceed to the preparation of a new set of documents for the patent for the next 12 months.
• Preferably, at least one month prior to the expiration of the patent, file an application and collected papers (to the initial list, add receipts for the payment of personal income tax on the old patent, a copy of the employment agreement, the employer's request).

Advance preparation for a new patent will allow a foreign citizen not to leave Russia.

But, if the term of the patent has already expired, and the new one has not yet been issued, then you have to leave Russia and after that start issue a new patent.

Among the grounds for the revocation of a patent are the cases in which a foreign citizen:

• officially refused to further work in the Russian Federation;
• registered as an individual entrepreneur;
• carries out its activities with the involvement of third parties;
• creates a threat to the state system, the life and health of Russian citizens;
• finances (assists) the activities of terrorist organizations;
• provided knowingly false information when processing documents;
• convicted of a crime;
• repeatedly brought to administrative responsibility for 12 months;
• left the Russian Federation for permanent residence;
• did not pay a fixed advance payment in a timely manner (in order not to be in a similar situation, it is enough to check the deadline for payment of a patent to a foreign citizen by TIN);
• did not provide within 2 months of the receipt of the patent copies of the employment contract, etc.

In the case of patent revocation, within 3 working days, the corresponding notification is sent directly to the employee, as well as to his employer. A foreign citizen is obliged to leave the country within 15 days (starting from the moment of the revocation of the patent), except in cases where judicial proceedings are open against him/her.

The highly qualified specialist can be recognized a foreign citizen who has experience, skills and achievements in a particular field. At the same time, his or her salary plays a big role - for different workers the requirements are different:

• Research activity or teaching at accredited institutions of higher education, state academies of science and their regional branches, national research centers or state research centers - 1 000 000 Rubles (about 14000 Euro) minimum annual salary.
• Labor activity in special economic zones - 1 000 000 Rubles (about 14000 Euro) minimum annual salary.
• Labor activity of a technology-innovative special economic zone - 700 000 Rubles (about 9600 Euro) minimum annual salary.
• Other foreign citizens - 2000 000 Rubles (about 28000 Euro) minimum annual salary.

The employer assumes responsibility for assessing the competence and skill level of the highly qualified foreign specialist. For this purpose, documents and information confirming that the specialist has professional knowledge and skills, information on the results of his work, information provided by organizations that professionally evaluate and select personnel, information on the results of intellectual activity, of which a foreign citizen is the author, may be used. information about professional awards and other forms of recognition of professional accomplishments, information about the results held by the employer or by customer if works (services).

Thus, when attracting a highly qualified foreign specialist, only a personal work permit is issued. This permit is issued for the term of the labor contract, but not more than three years. Permission can be renewed an unlimited number of times (documents for renewal are submitted no later than 30 days before the expiry of the permit), but also for no more than three years.

• on municipal service;
• on positions in the crew of a vessel sailing under the State flag of the Russian Federation, in accordance with the restrictions provided for by the Merchant Shipping Code of the Russian Federation;
• as a crew member of a warship of the Russian Federation or other vessel operated for non-commercial purposes, as well as an aircraft of state or experimental aviation;
• as a commander of a civil aircraft, unless otherwise provided by law;
• to work on objects and organizations whose activities are related to ensuring the security of the Russian Federation;
• to the position of chief accountant or other official responsible for accounting (with the exception of ones temporarily or permanently residing in the Russian Federation).

In order to hire a highly qualified specialist from a foreign country, it is first necessary to take care of his invitation to enter the Russian Federation. Such a document is issued by the Federal Migration Service at the request of the welcoming organization. Along with the statement, the receiving party provides the following documents:

• identity document of the inviting party;
• a copy of the identity document of the invited foreign citizen;
• letters of guarantee of the inviting party about assuming the obligations of material, medical and housing support of a citizen for the period of his stay in the Russian Federation;
• information about income (cash), allowing the inviting party to ensure the fulfillment of these obligations;
• after receiving the package of documents and application within 14 working days an invitation is issued. At this point (from the date of the application) within 10 days, the inviting party must notify the territorial body of the Federal Tax Service of Russia at the place of its registration.

Important! Failure to comply with this duty may entail the imposition of an administrative fine in the amount of 35,000 to 50,000 rubles on officials and 400,000 to 800,000 rubles on legal entities, as well as punishment may consist in administrative suspension of activities for up to 90 days.

The employer must also notify the Federal Tax Service on time about the arrival of the employee - within 7 working days after the expiration of 90 days from the date of his entry into the Russian Federation.

Important! Non-fulfillment of this obligation can entail for an employer a fine of 40,000 to 50,000 rubles for officials, and for legal entities the amount is much larger — from 400,000 to 500,000 rubles.

1. Application (it is better to take the form in the territorial Department of the Federal Migration Service of your region).
2. Certificate OGRN (notarial copy) of the Russian company.
3. Certificate of INN (notarial copy) of the Russian company.
4. Certificate of Incorporation (not older than 1 month) of the Russian company.
5. Powers of attorney for authorized persons indicated in the application.
6. Copies of passports of persons indicated in the application.
7. If the head of the company is a foreign citizen:

• notarized translation of the passport;
• a copy of the visa, certified by the seal of the company and the signature of the authorized person;
• a copy of the detachable part to the form of notification of the arrival of a foreign citizen (registration), certified by the seal of the company and the signature of the authorized person;
• a copy of the migration card, certified by the seal of the company and the signature of the authorized person;
• a copy of the work permit certified by the seal of the company and the signature of the authorized person.

Also, an organization attracting a highly qualified specialist should report to the Tax Inspectorate about violations by such an employee of the conditions of the employment contract and about its early termination. Also, the employer must inform the Federal Migration Service and the Federal Security Service in the event of the unauthorized abandonment of the place of work or residence by the employee. The employer must quarterly notify the authorized body of the Federal Migration Service about the fulfillment of obligations to pay wages to a foreign worker, as well as about the cases of granting him leave without saving wages for more than 1 calendar month during the year and about termination of his employment contract.

Important! The employer has the right to attract and use foreign highly qualified specialists without prior invitation, however, in this case he must issue a work permit for them. This document is issued for the period of validity of the concluded labor contract, with no more than three years with the possibility of repeated renewal.

As with the employment of Russian citizens, the employment of a foreign specialist also involves the calculation and payment of contributions to budget and extra-budgetary funds. But there is a certain difference.

The employer is not required to charge and pay premium health insurance premiums to highly qualified specialists, since they must have a Russian voluntary health insurance policy or a health care contract;

Contributions for insurance against temporary disability and in connection with maternity for foreign employees must be paid in accordance with the established procedure.

The accrual of insurance premiums for compulsory retirement pension for a highly qualified foreign specialist depends on the status of an individual:

• a specialist resides in the Russian Federation, then he needs to pay insurance payments in accordance with the general procedure;
• regarding specialist temporarily living in the Russian Federation, you also need to charge insurance premiums;
• regarding specialist which is temporarily staying on the territory of the Russian Federation you do not need to pay premiums for compulsory pension insurance.

Foreign workers as well as citizens of the Russian Federation must pay taxes. In accordance with paragraph 1 of Art. 207 and p. 3 of Art. 224 of the Tax Code of the Russian Federation, individuals who are not Russian tax residents must pay taxes personal income tax at a rate of 30% from profits derived from Russian sourse. 

But, employees hired as a highly qualified specialists have special tax status and a obliged to pay income salary tax at the rate of 13% as applied to Russian tax citezens. 

A specialist from abroad has the right to reside in the Russian Federation with his family. Russian legislation recognizes family members as:

• spouse or spouse;
• children born in marriage or adopted;
• close relatives (blood/adoptive parents, their spouses, grandfathers and grandchildren).

Family members of a highly qualified foreign specialist from abroad have several privileges. They can count on:

• obtaining a residence permit in Russia;
• employment in the Russian Federation outside of quotas;
• opportunity to get an education in the Russian Federation;
• the opportunity to engage in any activity that is not prohibited by the legislation of the Russian Federation.

A foreign speciality has the right to invite his family and issue a residence permit in the Russian Federation. The duration of stay of family members in the country is similar to the period of validity of the work permit of the invited specialist. Extension of a residence permit after the expiry of a work permit is only possible if the specialist’s contract is extended or a new one is entered into.

1. It is possible to employ the highly qualified foreign specialist if his/her salary is at least 167 000 rubles per one calendar month.
2. The highly qualified foreign specialist  in the retail trade are attracted strictly according to the positions indicated in the list approved by the Order of the Ministry of Labor and Social Protection of the Russian Federation dated September 23, 2013 No. 475n.
3. When applying for a work permit, the position should be selected from the All-Russian Classifier of Workers 'Professions, Employees' Positions and Tariff Scores. It happens that there is no planned position in the classifier initially - you have to adjust and choose the most similar one.
4. The employer must quarterly, no later than the last working day of the month following the reporting quarter, notify the Federal Migration Service of the fulfillment of obligations to pay wages (remuneration) of the highly qualified foreign specialist.
5. The employer is obliged to provide the highly qualified foreign specialist with compulsory medical and social insurance and the right to receive primary health care and specialized medical care by concluding an agreement with the medical organization and processing insurance medical polis. This applies to the family members who arrived with the highly qualified foreign specialist. This condition must necessarily be spelled out in the employment contract with the highly qualified foreign specialist.
6. The employer is obliged to notify the Federal Migration Service of the conclusion or termination of the employment contract with he highly qualified foreign specialist  within 3 working days from the date of conclusion / termination of such an agreement. Entry into force of an employment contract  must be conditional on obtaining a work permit. This condition must necessarily be spelled out in the employment contract with the highly qualified foreign specialist.
7. In case of changes of the full name, or details of the identity document of the highly qualified foreign specialist, the employer is obliged within 7 working days from the date of entry into the Russian Federation (for changes done abroad) or from the date of change of the full name or identity details of foreign citizen (in case of changes done in the Russian Federation), contact the Federal Migration Service to make the appropriate changes to the work permit.
8. In the event of early termination of an employment contract with the highly qualified foreign specialist, his work permit, as well as a visa and residence permit issued for family members are valid another 30 working days after the date of termination of the employment contract (paragraph 11 of article 13.2 FZ on the legal status of foreign citizens).

The standard procedure for obtaining a work permit for a foreign worker in Russia in 2019 includes several steps:

• a foreign citizen provides the employer with the documents necessary for obtaining a permit;
• the employer submits the application and the above documents to the authorized state bodies;
• waiting for a decision;
• obtaining a work permit or getting a refusal.

Consideration of applications for the issuance of migration documents is dealt by the Directorate General for Migration Affairs of the Ministry of the Interior of the Russian Federation.

The following documents are required: 

• application for issuing a work permit:
• photo in color 30 × 40 mm.;
• a copy of the passport or a document replacing it;
• certificate that a person is not sick with HIV;
• agreement of voluntary medical insurance;
• certificate that a person does not suffer from drug addiction and dangerous infectious diseases (syphilis, tuberculosis, leprosy);
• certificate confirming the knowledge of the Russian language. fundamentals of legislation and the history of Russia.

In the standard case, the application must be considered within 10 days from the date of its registration, however, for certain categories of foreign citizens other terms may be established:

• highly qualified specialists - 14 days;
• students in Russia - 10 days;
• citizens working in branches / representative offices of foreign companies - 30 days.

The period of validity of a work permit is one year (exception: highly qualified specialists and employees of representative offices and branches of foreign companies can apply for 3 years period).

In order to extend the work permit, you need to contact the territorial department of the Main Department of Internal Affairs, providing the following documents:

• application;
• employment contract;
• certificate of the absence of dangerous infectious diseases (leprosy, syphilis, tuberculosis), as well as drug addiction and HIV.

A work permit for a foreign citizen will not be issued if he/she:

• supports terrorism;
• represents a security threat or advocates a violent change in the constitutional system of the Russian Federation;
• within 5 years prior to the day of filing the application, he/she was expelled, deported or transferred by the Russian services to other states under the readmission agreement;
• within 10 years prior to the day of filing the application, he/she was repeatedly expelled, deported or transferred by the Russian Federation services to other states under the readmission agreement;
• has outstanding conviction for a serious crime;
• provided knowingly incorrect information or forged documents;
• convicted by a court sentence for committing a crime;
• left for permanent residence in another state;
• within one year, repeatedly (two or more times) brought to administrative responsibility for violation of immigration laws;
• is outside of Russia for more than 6 months;
• ill with drug addiction, HIV or other dangerous infections (leprosy, tuberculosis, syphilis);
• younger than 18 years old;
• recognized by a person whose stay in the territory of the Russian Federation is undesirable.

Foreign applicants for employment, among other things, must confirm a sufficient level of proficiency in Russian, as well as knowledge of the history and fundamentals of the legislation of the Russian Federation.

Such supporting documents can be:

• certificate or diploma of secondary special or higher education, issued in the USSR;
• a certificate of graduation from a secondary general education or higher education institution in Russia (after September 1, 1991);

or

• special certificate issued on the basis of testing.

Testing consists of three modules: the Russian language, history and the foundations of the legislation of the Russian Federation. The main one is the first (consists of five blocks, 70 minutes are allotted for its passage), and the remaining two tests are 15 minutes each.

To successfully pass the test, the applicant must:

• score at least 60% of correct answers in each language test block;
• on the history of Russia and knowledge of the laws of the Russian Federation correctly answer at least 5 questions (out of 10).