The clarification from the Moscow Migration Center (Миграционный центр Москвы), the source of this clarification, concerns a situation in which a company hires a foreign national who is already working for another employer under a patent issued for Moscow. Having a first job does not in itself mean that a second Moscow patent will be required for a new employment or civil-law contract.
For the HR process, the location of the work and the correct action after signing the contract are crucial. If both workplaces are located in Moscow, a foreign national may work under one Moscow patent. At the same time, the new employer is required to notify the Ministry of Internal Affairs of Russia (Министерство внутренних дел Российской Федерации, МВД), the federal authority responsible for migration matters, within three days after the contract is concluded.
One Patent Is Not Tied to One Employer
A company should not require a candidate to obtain a second patent merely because the candidate already has another employer. The clarification expressly states that a foreign national holding a Moscow patent has the right to work for two employers in Moscow. For businesses, this means they can assess the candidate under standard HR criteria rather than treating an existing contract as an obstacle to a new hire.
This is not a statement about new rules or a separate regime for secondary employment: the source explains the current procedure for applying the patent. Therefore, when checking a candidate, what matters is the fact that the candidate holds a patent issued for work in Moscow, not the number of current employers. The conditions of the specific contract and the work arrangement are not disclosed in the original material.
The Work Location Determines Whether the Patent Applies
One patent may be used only if both workplaces are located in Moscow. The HR department should compare the workplace under the contract being prepared with the territory for which the patent was issued. It is not enough to rely on the address of the head office or on where the candidate already works: the clarification refers specifically to the workplaces.
If the work is expected to take place in Kaluga Region, a Moscow patent is not suitable for it. A patent issued for that region will be required. The material does not explain the procedure for obtaining a regional patent and does not describe situations involving work in multiple regions, so these issues cannot be resolved based on this clarification.
What Changes in the New-Hire Process
The practical consequence for the employer is to separate two checks. First: confirm that the work will be performed in Moscow and that the candidate holds a Moscow patent. Second: confirm that the action linked to the contract already being concluded has been completed — notification to the Ministry of Internal Affairs by the new employer.
This approach reduces the risk of imposing unnecessary requirements on the candidate. The fact that a second Moscow patent is not required does not eliminate the need for internal control over migration documents and the contracting process. The company can add a separate control point to its hiring workflow: once the contract is signed, preparation of the notification to the Ministry of Internal Affairs begins.
Notification to the Ministry of Internal Affairs: There Is a Deadline, but the Procedure Must Be Clarified
After the contract is concluded, the new employer must notify the Ministry of Internal Affairs within three days. The period starts specifically from the conclusion of the contract, so this event date should be recorded in the HR process and promptly communicated to the responsible employee.
The source does not clarify whether these three days are business or calendar days. It also does not provide the notification form, the submission method, or the rules for confirming that it was sent. These details should be checked against the current official requirements of the Ministry of Internal Affairs, rather than replaced with an assumption about how the deadline is calculated.
How to Set Up Controls Without Drawing Unwarranted Conclusions
It is useful for the head of the HR function to determine in advance who checks the patent region and the workplace, and who is responsible for notifying the Ministry of Internal Affairs. This ensures that a candidate’s work for another employer does not lead to a manual search for a nonexistent second patent or delay the hiring process.
The source material does not report the consequences of late notification. Therefore, specific sanctions, fines, or other consequences cannot be asserted based on this clarification. However, the obligation and the three-day deadline should be included in the new-hire checklist rather than left to the discretion of individual participants in the process.
What to Check
- Check that the workplace under the new contract is located in Moscow.
- Make sure that the foreign national’s patent was issued for work in Moscow.
- Do not request a second Moscow patent solely because the candidate has another employer.
- Record the date on which the new contract is concluded.
- Arrange for notification to the Ministry of Internal Affairs within three days after the contract is concluded.
- Before submitting the notification, clarify with official Ministry of Internal Affairs sources the form, submission method, and procedure for calculating the three-day deadline.