One of the most common questions asked by foreigners who plan to obtain the right to temporary residence in Russia is whether it is possible to work with a RVP. According to the amendments that came into force in 2013, a foreign person who has a TRP stamp can get a job without issuing a permit.
History of the development of the law
To a greater extent, the status of foreigners on Russian territory, their rights are regulated by the Federal Law "On the Legal Status of Foreign Citizens". At the time of its entry into force, in 2002, the act noted: RWP gives the right to work freely in Russia, while an official work permit or patent is not required. Thus, after registration of the RWP, you do not need to deal with obtaining any other papers for employment.
In just five years, the situation in regulating this issue has changed dramatically. According to the 2007 changes, any foreigner, including those with a TRP, needed to obtain a work permit (patent).
The TRP is not considered as a document that makes it possible to permanently reside in Russia. As a result, a foreigner does not receive a complete list of rights inherent in citizens. Such ease in the process of applying for a job was considered an undeniable privilege. That is why the corresponding amendments were made.
Already in 2013, another project was adopted, which provided for the opportunity to work, having, without documentary permission for legal work in Russia.
General rules
According to the generally accepted provisions of Russian legislation, in order to work, a foreign citizen or stateless person must have a patent. But there are exceptions to this right.
Today, a temporary residence permit is a sufficient basis for legally working and living in Russia without issuing a patent.
What does the TRP stamp affixed in a foreign passport give? It automatically excludes a person from the list of those categories of citizens who need to obtain a work permit in Russia and a patent.
The only, and at the same time, a rather serious limitation that the RVP imposes is binding to a specific subject of the federation. A temporary residence permit is issued based on the national quota, proportionally distributed among the regions. And if, for example, RVP was obtained in the Tver region, the document does not give the right to live and / or work in St. Petersburg. The implementation of labor activity is possible only at the place of registration.
By itself, the stamp is affixed only if you live in a particular territory and after passing the fingerprinting procedure. And it is not possible to change the region after that without a good reason. The transfer process must be coordinated with the migration authorities. It can be difficult to do this, so you should take a more responsible approach to the process of choosing a region for further life.
Special categories of citizens
Residents of Kazakhstan and the Republic of Belarus have some privileges when working in the Russian Federation. Their Russian side completely exempts them from the need to issue a temporary residence permit or a patent. However, in other cases, when entering the country, a migration card is filled out, which indicates the true purpose of the visit - work. Any other wording entails administrative responsibility.
Pros and cons of RVP
Which document is better to issue, it is definitely impossible to say. Each of them allows you to legally work in the country, while it has a number of advantages and disadvantages that cannot be ignored.
If a foreign citizen plans to live and work in the Russian Federation in the future, then, of course, he needs a temporary residence permit. A stamp confirming its presence makes it possible to legally work for three years, transfer contributions for a future pension, study, and receive free assistance in medical institutions. But the most important thing is a real chance to get a residence permit and finally gain a foothold in the country.
Among the disadvantages of obtaining a temporary residence permit are the relatively high price, mandatory residence in the specified region and the obligation of the employer to provide data to the Main Department of Internal Affairs of the Ministry of Internal Affairs of Russia on the employment of a foreign citizen.
What does a patent provide?
Legal labor activity in the Russian Federation is also possible upon obtaining a patent. It is issued for 12 months, with the possibility of its extension. The maximum number of extensions is not specified in the law.
Main advantages:
- low cost;
- the minimum amount of required papers;
- processing time - no more than 10 days.
The disadvantages include all the same binding to a specific subject and the annual filing of an application for a patent extension.
In general, the choice of one of the permits depends largely on the purpose of the foreigner. If his arrival is associated with periodic (seasonal) work, then it is much easier to obtain a patent. Permanent residence and labor activity of a migrant are connected, first of all, with a temporary residence permit.
Features of hiring
Of course, the institution of temporary residence does not provide for the consideration of a person with a temporary residence permit as a citizen of the Russian Federation. No one says that in 100% of cases foreigners are immediately hired. The employer is always assigned the right by which he can select employees on the basis of specific knowledge, skills and abilities. An important role is played by the characteristics of labor activity. So, he will not take a foreigner with insufficient knowledge of the language for a position that involves active communication with customers and visitors.
However, refusal without any serious justification on the part of the employer is not allowed. The absence of Russian citizenship is not considered as such. For example, he may not conclude a contract in the absence of certain professional skills or personal qualities.
