A refusal to issue and a revocation of a working permit

A refusal to issue and a revocation of a working permit

For employment in Russia, foreign citizens from Azerbaijan, Moldova, Tajikistan, Uzbekistan and Ukraine must apply for a patent.

A patent is an “intermediate” document between a work permit (issued for citizens from visa countries) and a simplified admission (applies to citizens of the EurAsEC).

A patent is issued for a period of 1 month to one year and can be repeatedly extended by a foreign citizen by self-payment of advance tax payments.

The procedure of registration and obtaining a patent for work  is described here.

But within the framework of the state administrative regulation of labor migration, in order to provide the Russian population with a priority right to jobs and maintaining an optimal migration situation in society, there is such a legal tool as a refusal to grant a patent and annul a patent.

Reasons and grounds a revocation of a working permit:

The reasons for the refusal to grant a patent and the annul of a patent are identical. The only difference is that when a patent is annul, the decision of an official is made after the actual issuance of a patent for work, even if this patent is extended by paying payments one year in advance, due to the appearance of circumstances in the law.

The reason for refusal to grant a patent or its revocation may be more than 25 reasons.The reasons for this decisions in fact quite similar to the revocation of a  Work permits and listed in paragraph 9 of Article 18 of the Federal Law on Legal Status:

• extremism or a threat to the security of Russia (Section 18, Article 18);
• participation and support of terrorism (paragraph 2 of article 18, paragraph 9);
• expulsion from less than 5 years ago before applying for a patent (paragraph 3, paragraph 9 of Article 18);
• provision of knowingly false data (fake migration cards, fake migration registration, etc.) (paragraph 4 of article 18, paragraph 9);
• a conviction for committing a crime (paragraph 5 part 9 of article 18);
• the presence of outstanding criminal record (paragraph 6 of paragraph 9 of Article 18);
• 2 or more administrative legal acts on violation of the rules of stay and residence in Russia for 1 year (paragraph 7, paragraph 18, article 18);
• travel outside of Russia for a period of more than 183 days (paragraph 8.9 of paragraph 9 of Article 18);
• the presence of a dangerous disease - drug addiction, HIV, tuberculosis, etc. (Clause 10 Part 9 of Article 18);
• a decision on the prohibition of entry was made (Part.1.1 of Article 18).

But for refusal or revocation of a patent, there are private reasons. And their range is wider:

• the involvement of a foreign citizen in the labor activity of a third party (paragraph 13.3 of article 13.3). Moreover, it is impossible to involve in labor activity both other foreign citizens and citizens of Russia;
• if the foreign citizen himself has written an application for the refusal of the patent (clause 3 of article 13.3 para. 22);
• Failure to notify about the conclusion of an employment contract (clause 4 of article 13.3 para. 22);
• provision of false information by the employer (paragraph 5 of article 13.3, paragraph 22);
• Refusal to issue or revoke a patent prohibits applying for a new patent within one year from the moment of receipt of the refusal (Part 13.3 of Article 13.3);

The most common reason for the revocation of a patent is the failure to pay the advance payment before the expiration date of the previous paid period. Unfortunately, explanations like “I forgot,” “there was no money to pay,” “I mixed up the dates,” etc. do not constitute grounds for a lawful extension of the period of stay and in the event of the identification of such a foreign citizen is subjected to expulsion.

Advice for foreign citizens:

• do not violate the laws of Russia, do not collect administrative fines, even if you pay them;
• do not participate in organizations whose activities may be recognized as extremist or terrorist;
• Do not buy migration cards and registrations. Even from "good friends";
• pay the received patent for work in advance in order to avoid delays in payment;
• find a job officially, with the conclusion of an employment contract with a legitimate employer. In case of questions, such an employer will always help to bring your status to the legal field, since in case of violations, the employer himself would risk huge fines of up to 1 million rubles.

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