Applying for a work patent—a Russian document required for certain foreign nationals to work—requires the foreign national’s personal involvement. An employer may take this rule into account when planning hiring and HR support, but may not replace a future or current employee when submitting the application or collecting the completed document.
The clarification does not introduce a new procedure but confirms the existing one
The Moscow Migration Center (Миграционный центр Москвы) reminded employers that a foreign national must apply in person when obtaining a work patent. The clarification addresses situations in which an employer would like to take over all interaction with the migration center—for example, by sending a company representative with the employee’s application.
The center states that this method does not comply with the established procedure. The stated legal basis is Clause 2 of Article 13.3 of Federal Law No. 115-FZ (Федерального закона № 115-ФЗ). No new requirements were announced in the message: it confirms the existing rule that the foreign national must apply in person.
The application cannot be delegated to HR
A company cannot apply for a work patent on behalf of a foreign worker. Therefore, an HR employee, manager, lawyer, or other employer representative should not be included in the process as a substitute for the applicant.
For an employer, this means that roles must be clearly separated as early as the hiring stage. A company may organize its own HR process taking the work patent application into account, but the foreign national must submit the application personally. Transferring this action to the employer will not make the employer the applicant in place of the worker.
The employer cannot collect the completed work patent either
Personal involvement is required not only when submitting the application. The foreign national must also appear in person to collect the completed work patent. An employer cannot collect the document on the worker’s behalf, even if the company is interested in the worker starting quickly or is assisting with their HR formalities.
This should be taken into account when planning the sequence of actions. Collecting the work patent cannot be listed in the HR plan as a task to be completed by an employer representative. The worker still has a separate obligation: to appear in person to collect the completed document.
How to reduce organizational errors during hiring
The employer’s practical task is to inform the foreign national in advance about the two actions that must be completed personally: submitting the application and collecting the completed work patent. This approach helps prevent the process from being based on the mistaken assumption that the company can replace the individual during a visit to the migration center.
The clarification does not specify any deadlines. Therefore, it cannot be used to infer a specific application date, processing time, or document-issuance period. When preparing internal guidance, employers should record only the confirmed rule requiring personal involvement and, where necessary, verify the procedure against the cited provision of the law.
What to check in the HR policy
It is useful to review internal instructions for wording concerning support for foreign workers. If they provide for the employer to submit the application or for a company employee to collect the work patent, those actions do not comply with the clarified procedure and should be removed from the process.
Control in this situation does not mean substituting for the foreign national. For the company, it means taking the worker’s mandatory personal appearance into account, not sending a representative in their place, and not promising that the employer will collect the work patent.
FAQ
Can an employer submit a patent application on behalf of a foreign worker?
No. The foreign national must submit the patent application in person, and an employer’s representative cannot act as the applicant in their place.
Can a company collect an issued patent on behalf of an employee?
No. The foreign national must appear in person to collect the issued patent.
Have any new requirements for obtaining a patent been introduced?
No. The clarification confirms the existing requirement for personal appearance, based on paragraph 2 of Article 13.3 of Federal Law No. 115-FZ.
A patent is a Russian work authorization document for certain foreign nationals.
What deadlines for filing an application and issuing a patent are stated in the clarification?
The clarification does not specify separate deadlines. It does not establish a specific application date, processing period, or document issuance deadline.
What to check
- Tell the foreign worker that they must personally submit the application for a work patent.
- Do not send an HR employee, manager, or another company representative to submit the application on the worker’s behalf.
- Take into account in the HR process that the worker must also personally collect the completed work patent.
- Check the internal instructions against Clause 2 of Article 13.3 of Federal Law No. 115-FZ (Федерального закона № 115-ФЗ).
- Do not plan for the employer to collect the work patent as a stage that can be delegated to the company.