What you need to get a patent
In order for a foreigner to obtain a patent, he will need to undergo a medical examination, pass a test for knowledge of the Russian language, as well as the history and understanding of the legislation of the Russian Federation, prepare certain documents and undergo fingerprint registration, take photos within 30 days after entry.
The patent is valid on the territory of a certain subject of the Russian Federation.
Clause 16 of Article 13.3 of Law 115-FZ.
If a patent is obtained in a certain city, it means that a foreigner will be able to work only in that city. To work in another region, a foreigner will need to obtain a new patent.
How much will a patent become more expensive for foreigners in Moscow in 2023
For 2023, a regional coefficient has been established, thanks to which the cost of a work patent for foreigners is determined. The coefficient is 2.4229.
A fixed advance on personal income tax for foreigners is calculated according to the formula:
1,200 rubles x deflator coefficient x regional coefficient.
The deflator coefficient for 2022 was 1,980, 2,270 were approved for 2023.
The regional coefficient in Moscow in 2022 is 2.4832.
For 2023, the coefficient in Moscow is 2.4229.
The cost of a patent for 1 month in 2022 = 1 200×1,980×2,4832 = 5 900 rub .
The cost of a patent for 1 month in 2023 = 1 200×2,270×2,4229 = 6 600 rub .
In view of the increase in official wages in Moscow, it was decided to increase the regional coefficient for migrant workers.
It is worth noting that from 2024 a register of foreign workers will be created for foreigners, which will replace patents. Article 227.1 of the Tax Code of the Russian Federation regulating personal income tax from foreign workers will be canceled. Instead, Article 227.3 of the Tax Code of the Russian Federation will apply.
Features of a labor patent
With foreigners with a patent, it is possible to conclude a contract and resolve disputes that arise, without violating the law. An employer may be fined 250,000-800,000 rubles if he hires a foreigner without a patent. If such a situation occurs in Moscow, St. Petersburg, Moscow and Leningrad regions, the fines will be even more serious – from 400,000 to 1,000,000 rubles.
An important comment on obtaining a patent will be the fact that before obtaining a patent, a foreign employee will be required to pay NFDL for the entire term of the patent. Of course, if a foreigner fails to find a job, then the money will be lost.
It is also worth mentioning that a patent cannot be issued once and work on it. The patent is issued for a period of 1 to 12 months. After the expiration date, it will need to be reissued.