Multifunctional Migration Center (Sakharovo). Peculiarities of obtaining patents

Multifunctional Migration Center (Sakharovo). Peculiarities of obtaining patents

Confidence Group is pleased to offer you the overview of the peculiarities of obtaining patents at Multifunctional Migration Center (Sakharovo).

Download the full document here.

Foreign citizens fr om visa-free countries are obliged to receive a patent for work.

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 fr om MKAD).

The official website of the MMC http://mc.mos.ru/

Working hours:

Reception of documents for patent – 24 hours.

Knowledge of the Russian language, knowledge of the history of Russia and Russian laws testing - 24 hours.

Medical examination - 8.00 – 24.00 without days off and holidays

Telephone +7 (495) 777-77-77 (point of contact of Moscow Government)

A foreign citizen shall apply for a patent to the territorial department of FMS at the place of migration registration. But, unfortunately, at the moment, none of these departments accept documents for patents. Applicants are sent to the MMC in Sakharovo.

A foreign citizen shall apply to MMC or territorial department of FMS for obtaining a patent in person.

A foreign citizen shall visit MMC twice:

• first time – documents submission and all the necessary procedures passing;
• second time – payment for the first month of the patent  (income tax advance payment) in the amount of 4000 RUS and receiving the patent.

How to get the MMC (Sakharovo)

You can get the MMC (Sakharovo) by bus fr om Lesoparkovaya metro station. Bus timetable: from 6.35 a.m. to 3.25 a.m. (from Lesoparkovaya metro station) and from 4.00 a.m. to 0.55 a.m. (from Monday to Saturday) or to 0.49 a.m. (Sundays) from MMC. Buses run directly to the MMC territory. Bus fare is 55 RUR to one side.

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 wh ere the way of applicants moving is specified.

It is necessary to provide the following documents for testing:

• passport;
• migration card;
• receipt of payment.

A foreign citizen is offered to answer 20 questions via computer 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 that a standard certificate may be printed. This standard certificate is valid within 5 years on the territory of Moscow only.

Demo-test of Moscow Centre for Quality Assurance in Education is available here: http://demo.mcko.ru/test/

If the testing is failed a foreign citizen is offered to go through testing procedure once again. The number of repeated tests is unlimited in case of additional payments for those tests.

Foreign citizens from visa countries wishing to obtain work permit in Moscow may also go through testing procedure in Moscow Centre for Quality Assurance in Education, located on the territory of MMC in Sakharovo.

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. The list of such institutions is approved by Moscow Government:

1. People's Friendship University of Russia (PFUR). Address: Moscow, Mikluho Maklaya St., 6. Telephone: +7 (495) 434-66-41
2. Pushkin State Russian Language Institute. Address: Moscow, Akademika Volgina St.,6. Telephone: +7 (916) 908-41-51
3. Moscow Open Education University. Address: Moscow, Aviatsionny lane, 6. Telephone: +7 (499) 151-44-11

Full information about peculiarities of obtaining certificates confirming knowledge of the Russian language, history and law is available here.

Submission of documents for a patent

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.

Documents necessary for obtaining a patent

The following documents are required to present to MMC in order to obtain a patent:

1. application for a patent (available here);
2. an identity document of a foreign citizen;
3. migration card with the purpose of visit as “Work”;
4. contract (policy) of voluntary medical insurance;
5. medical examination on the absence of drug addiction and certain infectious diseases;
6. HIV certificate;
7. certificate of knowledge of Russian language, history and law;
8. a tear-off coupon of migration registration at the place of stay.

A foreign citizen should submit the complete set of 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, the price is 2500 RUR

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:

Terms of obtaining a patent

The total period of obtaining a patent from the date of first visit to MMC can be more than 10 working days, but not more than 20 calendar days.

The notification on ready patent will be sent you by SMS message to the phone number you specified.

The issuance of a patent is carried out in in the building "B" in general line. 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.

One may check the status of the application remotely using special online service on the MMC website “Check the status of the application of the patent”.

The order of personal income tax counting and payment

After one got an SMS, its is required to pay fixed advance payment on personal income tax for the first month of work – 4000 RUR, that also can be paid in MMC. Personal income tax payment is also possible via any branch of Sberbank of Russia. Receipt is available at the Federal Tax Service of Russia, wh ere it can be printed after filling in the appropriate fields https://service.nalog.ru/prepay.do

Foreign citizens fr om 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.

The name 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.

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.

Profession in a patent

In accordance with FZ “On the 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 on profession, a foreign citizen will have the right to work only on this position.

As of the end of 2015 in Moscow and Moscow region there are no decisions on specifying/ not specifying profession in a patent. Patents are issued without information on profession of a foreign citizen.

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 MMC.

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:

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 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.

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.

Starting from April 30, 2015, the receiving of notifications on the conclusion and termination of the labor contracts of foreign citizens, as well as copies of the labor contracts of foreign citizens is carried out only in the territorial divisions of the Federal Migration Service of Russia.

Addresses of territorial divisions of the Federal Migration Service of Russia in Moscow, which perform the reception of documents on this issue are available here.

Starting from April 30, 2015, the receiving of notifications on the conclusion and termination of the labor contracts of foreign citizens, as well as copies of the labor contracts of foreign citizens is carried out ONLY in the territorial FMS of Russia.

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

1. 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.

2. A foreign citizen has the right to work only on the territorial entity of Russia wh ere 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 territorial entities

A foreign citizen has no right to work out of the territory wh ere 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 wh ere 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 fr om 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 patent is no more than 10 working days from the date of receiving the corresponding application.

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 wh ere work permit/patent/temporary residence permit was issued

• fines for a foreign citizen fr om 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 wh ere 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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