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How does registration work? Information on where to make temporary registration for citizens of the Russian Federation at their place of stay. Receiving free legal advice |
Currently, the law defines the right and obligation of citizens to register at their place of residence. There are temporary and permanent registration (registration). You can register permanently only in your own housing, while temporary registration is carried out in any residential premises, with the consent of its owner. The main difference between temporary registration and permanent registration is the fact that it does not give any rights to the occupied living space. The owner who issued the consent has the right to revoke it at any time at his own discretion by notifying the FMS, after which the temporary registration will be immediately canceled and the previously issued certificate will lose its validity. Currently, the procedure, terms, rules, administrative regulations for the implementation of temporary registration of citizens are regulated by the following regulations:
What is temporary registration in an apartment?Temporary registration in an apartment is an opportunity to legally stay in a given apartment with the consent of its owner for an agreed period of time. This is confirmed by a special document - a certificate of temporary registration, and a mark in the apartment's house register. It is impossible to obtain such a document without the knowledge and consent of the owner, since the registration authority accepts the application only in the presence of both parties, or his authorized representative can act on behalf of the owner, confirming his authority with a notarized power of attorney. Temporary registration differs from permanent registration in that it has a limited validity period.. You cannot be permanently registered in several places, while nothing prevents you from moving from place to place as often as you like, each time receiving temporary registration at a new address, since your permanent registration remains unchanged. Citizens may not have permanent registration at all, which often happens due to the lack of their own real estate, but the lack of any registration is an offense. Some citizens neglect temporary registration when living for a long time outside their permanent place of residence, but meanwhile it brings with it several positive aspects:
Pros and cons - to register or not?On the one hand, each of us is not assigned a FMS employee who carefully monitors compliance with the registration law. But on the other hand, the obligation to register means administrative liability for violating the requirements of the law. If it is discovered that a citizen is living without permanent or temporary registration, he will be fined, the amount of which depends on the region - in Moscow and St. Petersburg 3-5 thousand rubles, in other regions - 2-3 thousand rubles. (Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation). The owner of the apartment where the unregistered citizens lived will also be fined: 3-5 thousand rubles. for regions, 5-7 thousand rubles. for Moscow and St. Petersburg. However, if the owner of the apartment is not an individual, but a legal entity, then the amount of the fine will be significantly higher - 50-757 thousand rubles. (300-800 thousand rubles for Moscow and St. Petersburg). Periods of temporary registration - minimum and maximumThe law stipulates the maximum period of residence at any address without registration is 90 days, after which the citizen is obliged to register properly. Most often there are two options:
The duration of temporary registration is determined by the owner, for how long he is ready to provide his living space to the specified citizen. This can be an arbitrarily determined period, the duration of the rental agreement, but not longer than 5 years. The law does not stipulate a minimum period for temporary registration. The owner who agrees to the temporary registration of new residents in his living space should know: from this moment on, these citizens, like all previous residents, will be required to bear their share of the burden in paying for utilities. If this point is not specifically stipulated in the oral agreement (relatives are registered), or in the rental agreement, then the owner of the property will have to pay the increased payment receipts at his own expense. Anyone who moves in and applies for temporary registration should also be aware of this, because at the place of permanent registration, he can present to the management company a certificate of temporary registration at a different address and paid receipts for utility services, thereby receiving a discount on payment for housing and communal services at the place of permanent registration. How to make a temporary registration?To obtain temporary registration, you must obtain the most important thing - the consent of the owner, if we are talking about privatized housing. The registration procedure for municipal housing is somewhat different. Let's consider all possible options:
With these restrictions, the registration procedure as a whole looks simple: you need to go to the Federal Migration Service and submit documents in the presence of the home owner, and then receive a certificate of temporary registration, which must be included in your passport and presented upon request. How much does temporary registration cost?It is immediately worth noting that regardless of the basis and place of registration, it is free of charge. Neither the registered citizen nor the one who provides housing for registration pays any fees. However, in some cases, real estate agencies help to obtain temporary registration. They are looking for housing whose owners agree to register residents under a rental agreement. For this service you will have to pay the agency the specified amount according to the price list. Documents for temporary registrationThe list of documents depends on the method of registration. Today, applicants do not have to come to the FMS office in person. You can submit an application by mail, as well as on the government services website. In the case when registration is carried out in the traditional way - at the FMS office, then the package of documents will be as follows:
Documents can be submitted by mail, then the list will be expanded:
To temporarily register a minor, you will need to submit the following documents to the Federal Migration Service:
Within 3 days from the date of receipt of the package of documents, the FMS checks all received information for accuracy and completeness, after which it issues a certificate of temporary registration. Temporary registration has ended, in how many days do I need to register? The answer to this question does not depend on where exactly the citizen intends to register at the end of the validity period of his temporary registration, as well as what type of registration he intends to issue - temporary again, or permanent. If temporary registration has been issued, its period has expired, and the citizen does not intend to change his place of residence, then within up to 7 days he is obliged to submit documents in the same manner and issue a new certificate of temporary registration. If the next registration is no longer temporary, but permanent, then the period for its implementation remains unchanged - 7 days. Failure to take timely steps to re-register will result in a fine. There is no separate fine for late re-registration; it will be issued under the same article. 19.15.1 Code of Administrative Offenses of the Russian Federation. It is worth making a reservation here that the fine is not issued for each day of delay, but upon the fact that a law enforcement officer draws up a protocol on an administrative offense. If a repeated check for this offense again confirms the lack of registration, then a fine in the same amount will be issued again, since a new protocol on the offense will be drawn up. Before 2012, the owner-tenant had to collect and fill out a number of documents and spend a lot of time so that the tenant could legally stay at the place of residence. As a result of the liberalization of Russian registration legislation, changes have occurred that have significantly simplified the entire registration procedure. To exercise control within the country, authorities trying to streamline the internal migration process. That is why registration was introduced for a limited period. That is, when a citizen of the Russian Federation lives more than 90 days not where his place of permanent residence is located, he is forced to this address. This requirement is specified in paragraph 55 of the Administrative Regulations. Necessary algorithm of actions to obtain temporary registration:
It is important to know the main condition for the implementation of short-term registration: during temporary registration in residential premises, citizens are not deregistered at their place of permanent residence. Rights and obligations of a temporarily registeredOnly the owner can register a tenant on his property. Therefore, temporary registration allows citizens only to reside and does not give any more rights. It should be remembered that expensive repairs carried out on the initiative of a temporarily registered person do not even give the right to lay claim to the property or part of it. In this case, you can demand compensation through the court for the resources spent. However, most likely, the decision will not be made in favor of what is prescribed due to the fact that the owner did not give consent to carry out any work. Responsibility for timely, proper maintenance and repairs in accordance with the Housing Code of the Russian Federation falls on the owner of the premises. Thus, providers of residential complex services will have no claims against temporarily registered citizens. In view of this, the owner agrees in advance with the user who is obliged to pay for the residential complex service and in what amount. The volume of services used is recorded with special devices or based on. Rights and obligations of the owner of the provided premisesThe owner may provide his residential premises for use to other persons on the legal grounds provided for Art. 288 of the Civil Code of the Russian Federation and Part 1 of Art. 30 Residential Complex of the Russian Federation. The relevant articles state that a citizen can live in an apartment on the basis of a contract of free use, or as a result of the existence of other legal reasons. The owner will break the law if it prevents the tenant from registering who lives in residential premises for more than 90 days. Liability is inevitable if an apartment rental agreement has been concluded and properly registered with the tenant. The owner of the apartment may be punished with administrative fines, forced labor, and even imprisonment if the inspection reveals unregistered citizens. If citizens living without registration have permanent registration in the same locality or are relatives of the owner, the owner of the living space is not held accountable. What risks might a temporary registration of a tenant pose for the owner?Many owners are worried about whether a registered citizen will be able to claim part of the residential premises. The law states that property cannot pass to a citizen only because of his property. The main risk for the owner when registering tenants for his living space is the increase if the apartment does not have appropriate meters. Still, the apartment owner must be aware of the latest additions to the law. You can now complete the temporary registration procedure remotely using the Internet. All that remains is to enter the address of the property owner and his full name. After this, the owner receives notification of newly arrived residents. If the owner is against registration, then he simply contacts the relevant authorities with a request for annulment— temporary registration will be canceled immediately. Frequent reasons for going to court regarding temporary registration:
Risks when registering childrenTemporary registered residents may do so without the consent of the owner. Temporary registration of minor children of residents is not dangerous for the owner, since they cannot lay claim to the owner’s living space. However, in a number of cases Difficulties may arise when evicting children from the apartment. Sometimes children are registered for a longer period than the parent. Then the adult has the right to appeal to the court again with a demand for his registration at the child’s address. Typically, the decision to deregister is made by the court after examining the evidence provided. To avoid getting into such a situation, before moving in, a citizen must find out if he has children. The owner must also be present in person and double-check the dates of temporary registration of both the parent and the child. The owner, at his own discretion, even has the right to forcibly deregister temporarily residing citizens even before the expiration of the registration period, but only through the court. Claims to the property of a temporarily registeredTemporarily registered persons do not have the right to independently dispose of residential premises, but only to use them. Even in the case of living space, such citizens do not claim a share of housing. But a tenant can legally extend the period of short-term registration:
When a tenant does not want to voluntarily move out and be discharged, they need to go to court. The statement of claim must indicate the reasons for eviction and deregistration:
In addition, the court is presented documents confirming violations of a temporary resident. However, if there are insufficient reasons, you will have to wait until the registration deadline. With a temporarily registered minor, who is subject to all parental rights for hire, things are different. Only consent from the guardianship authority gives the right to be discharged from the living quarters. Alimony obligations between the apartment owner and the temporary resident will complicate the procedure for deregistering them. You cannot evict a family member or former spouse of the owner from a privatized apartment, who lived with him during the period of privatization, but did not take part in it. In addition, housing disputes between spouses have a number of features (time and grounds for purchasing housing, etc.). Grounds for forced eviction of a tenantAnd deregistration from temporary registration rarely happens voluntarily— people do not have housing or they are simply engaged in fraud. By law, the tenant must leave the premises in the following cases:
Often, owners want to pre-register a temporary tenant without his presence. The administrative regulations of the FMS allow such a procedure to be carried out without going to court, only in case of early departure. Video: Registration as a national ideaThe story tells how the institution of registration arose in Russia. It explains the essence of this procedure, how registration is carried out, what difficulties were and are present now when registering at the place of residence or stay.
Temporary registration may be needed in a variety of cases, both for foreigners and citizens of the Russian Federation. Without such a document, it will be difficult to rent housing, get a job, get medical care, etc. However, is this procedure - temporary registration - so simple? How to do it, and what difficulties may arise - read on. The legislative frameworkCitizens who decide to change their place of residence or leave for a long time to another region should know 3 main regulations: the Law “On the right to freedom of movement, residence and place of stay”, “Rules for registration and deregistration at the place of residence or stay” and, of course, the Constitution of the Russian Federation. It should also be taken into account that the legislation separates two concepts: place of stay and place of residence. The first is the place where a person lives temporarily, and the second is his permanent place of residence. In addition, temporary registration is done without deregistration at the place of residence. Legal restrictionsCitizens of the Russian Federation must be required to register at their place of temporary residence. However, the right to movement may be restricted by law in the following areas: Temporary registration: documentsTo register at the place of stay in a specific residential premises, you need to submit the following documents to the local migration service: 1. Identity document:
2. Application for registration at the place of residence (form No. 1). It should be noted that such an application must be signed not only by the applicant, but also by the owner of the property where the citizen will live. Thus, his signature will confirm consent to move a certain person into the apartment (house). 3. A document that is the basis for the use of a specific residential premises. In particular, temporary registration is possible if the owner has a certificate of registration of authority for (sublease), a social tenancy agreement, etc. At the same time, if the owner has a certificate of ownership or a lease agreement, then the application is quite simple indicate their details. 4. If the applicant provides a contract for rental or free use of housing, then the signature of the owner of the apartment (house) in the application for registration is not required. Some nuances regarding registrationIf a rental or free use agreement has not been concluded between the owner or tenant of the property, then registration (temporary registration) for a non-resident will be possible only in the personal presence of the owner of the property. He must have with him an internal passport (or other identification document) and a document confirming his right to this housing. If the premises are owned by several persons, then the above requirement will apply to all persons. If available, it is also provided to the Federal Migration Service. If the registration of the place of residence will be carried out in municipal or state housing stock, then in addition to the application of the tenant, it will be necessary to obtain permission from all residents who live with him. It should also be emphasized that those responsible for registration cannot refuse to accept an application for temporary registration. In addition, you can submit your application by mail or online. Inaction or actions of FMS employees can be appealed to higher organizations. Duration of the procedureIt is also important to take into account the timing of temporary registration. Firstly, it should be noted that a citizen must undergo a temporary registration procedure within 90 days from the date of arrival in another region. The deadline for registration itself is determined by agreement with:
It is advisable for anyone who needs temporary registration to clarify all these questions in advance. How to make it for the period you need? Everything is very simple: its period is determined only on the basis of a voluntary agreement between the applicant and the owner (owner, user). Sometimes in practice, officials of FMS departments illegally limit the period of temporary registration, for example, to a 5-year period. In such cases, you need to refer to the Administrative Regulations (namely clause 56) and insist on temporary registration for a longer period (if this, of course, is necessary). After submitting documents, temporary registration (without permanent registration) is issued by the passport department of the Federal Migration Service within up to 6 days. This period increases to 8 days if the applicant did not provide a certificate of title to housing or a social tenancy agreement, but only indicated their details in the application. Temporary place of stay for childrenTemporary is made only at the place of residence of the parents and must be issued regardless of the consent of persons who live in residential premises of a municipal or state fund. If you need temporary registration for a child, then you should submit to the FMS division:
Data about citizens who are under 14 years of age are entered into parental alphabetical cards or into apartment (house) books. Persons from 14 to 16 years old are issued a certificate of registration at the place of temporary residence. Temporary registration in other premisesFor those who temporarily move into other premises, a simplified temporary registration is provided. How to do it, for example, in a hotel, hospital, boarding house? To do this, it is enough to provide a passport and fill out a special form upon arrival at the administration of these institutions. Further, all actions for registering a citizen will be carried out by officials of the hotel, rest home, boarding house, etc. Registration of military personnelMilitary personnel are registered at a temporary place of stay on a general basis. However, there are exceptions to these rules. There is no need to go through this procedure:
Officers, contract soldiers, and members of their families are registered at the location of military units even before receiving housing. Registration of migrantsIt is possible to obtain a temporary registration for temporary settlement only after citizens have sent to the Federal Migration Service or to the migration departments of the Ministry of Internal Affairs a request to be recognized as forced migrants. After granting them such status, registration of residence in the new place is carried out on a general basis. Registration in the capitalTemporary registration in Moscow and the Moscow region has its own nuances. The advantages of obtaining temporary housing in the capital are obvious: citizens and foreigners will have the opportunity to find a driver’s license, draw up documents to open their own business, get on the waiting list for housing, and receive medical care. Temporary registration in Moscow also allows you to obtain a foreign passport. However, it should be remembered that its validity will end after deregistration at the place of stay. If you have registration for a certain period, you can order a foreign passport yourself. If you have registration, you can even take out a loan from a bank. Many financial institutions allow you to issue a loan if the payer is registered in the region where the bank is located. To obtain a Moscow temporary residence permit, you need to contact the Federal Migration Service or passport offices. The certificate, which provides temporary registration in Moscow, is also issued at the same institutions. The list of documents remains the same as for obtaining registration in other regions. Result of registrationIf a foreigner or citizen of the Russian Federation has correctly provided all the necessary papers, then he must be issued a certificate of registration at the place of residence at a specific address. It must be issued no later than the next day after registration. The applicant, if desired, can also request that FMS employees send this certificate to his place of residence by mail. We emphasize that temporary registration in Moscow and other regions is done without deregistration at the place of permanent residence. However, persons who do not have permanent registration can also obtain a place of temporary residence. In this case, they will receive temporary registration in the same manner as those who have it. Price issueThe law guarantees that temporary registration is issued free of charge. This will not require paying a fee or covering any other costs. According to the law, the owner (tenant) also cannot demand any payment from the settler for the procedure of registering him in the apartment (house). All documents that need to be completed to issue a certificate of temporary registration are completed by officials free of charge. It turns out that you don’t need to spend any money on registration. Unfortunately, not all citizens know that they do not need to pay for such a procedure as temporary registration. How much this service costs from different companies is a complex question; on average, the price for such a procedure for many companies ranges from 6,000 thousand for registration for six months and from 12 thousand rubles for registration for a year. Remember that many companies often offer supposedly legal registration. But in fact, their activities usually boil down to mediation between corrupt officials and gullible citizens. In such cases, temporary registration is fraught with negative consequences in the near future. Loss of certificateIf a person has lost his temporary registration certificate, there is no need to think that this is fatal. A way out of such an unpleasant situation is provided for in the Administrative Regulations. To obtain registration at your place of residence again, you must contact the same FMS department that originally issued the certificate for you. Service officials will give you a duplicate and put the old one on it. Moreover, there are no sanctions or fines for the loss of this document. conclusionsWe hope that in this article you have found comprehensive information on such a procedure as temporary registration. How to do it, what documents are needed, the procedure for obtaining the owner’s consent, the specifics of providing registration for certain categories of persons, the deadlines for obtaining a certificate of temporary residence, exceptions and restrictions, we have clarified in full. In general, if you strictly adhere to the legislation, no special problems should arise when registering it. And remember: administrative liability is provided for the lack of temporary registration. And in general, without temporary registration it will be very difficult in a new place. You will lose a number of benefits such as getting a job, international passport, driver's license, loans and other privileges. Without registration at the place of temporary residence, it will be impossible to go to a clinic, register a car, enroll a child in a kindergarten, school, etc. As you understand, temporary registration is needed primarily in your interests, so you should not ignore this legal requirement. Having a place of registration is mandatory for all persons on the territory of the Russian Federation, and there are two types of it: permanent and temporary. Registration at the place of residence is carried out at the initiative of citizens, which they are obliged to do within a certain time frame, so as not to incur administrative liability or more serious consequences if the person is not a resident. The choice of place of residence in Russia is free, however, in order to register with the migration service at a specific address, you must either have the rights to this living space or the consent of its owner. We will consider these and other features of the procedure further. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form on the right → Or call us by phone (24/7): What is registration at the place of stayConsidering what temporary registration is at any place of stay, it is worth noting that this is the registration of a person for migration at an address where the person does not live permanently, but for more than three months. The place of residence and temporary registration can be not only an apartment or a private house, but also hotels, sanatoriums, boarding houses, holiday homes, tourist centers, campsites, medical and correctional institutions. At the same time, responsibility for the long-term residence of a person without mandatory registration rests not only with this person himself, but also with the owner of the property. Registration of any citizen at his actual place of stay is also possible in official residential premises, a dormitory (especially important for students and people on a long business trip), housing under a rental agreement. Administrative regulations and the procedure for registering the so-called temporary registration of a person at his place of residence provide for more responsibility and some difficulties than with temporary registration. First of all, this is due to the fact that this registration procedure at the place of residence for citizens of the Russian Federation and foreigners is carried out, as a rule, not in their personal living space. How to make temporary registration at your place of stayThe procedure for temporary registration at the place of stay should be treated responsibly, despite the fact that the process itself is quite simple. It includes:
The registration procedure, as can be seen from the above, does not contain any pitfalls, however, in practice, it can be difficult to register at the place of residence due to problems with the owner of private housing or municipal apartments. If your place of stay is an institution owned by a legal entity (hotel, boarding house, etc.), problems do not arise, since the registration rules oblige the owner to deal with such issues independently in a timely manner. Required documentsBefore submitting an application for direct registration at your place of residence, you need to collect certain documents, without which the procedure is impossible. The standard package includes: Upon acceptance of the application, having figured out how to obtain legal temporary registration at your place of residence, you receive a receipt for the documents you submitted, and upon completion of the procedure, you are given a certificate of registration. Sample applicationThere is no need to worry in advance about how to fill out the text of an application for temporary registration at your address and actual place of residence, since a unified form is issued at the place of application to be filled out. However, to be ready to fill out the document, consider a sample of it: Application for registration at the place of temporary stay Name of the body carrying out registration accounting Last name, first name, patronymic, date of birth of the applicant Please complete my registration with (indicate all family members who are registering with you), total _____ people at the place of stay at _____________________ from “____” _________20____ to “____” _________20___. Arrived (and, a) from ________________________________________________. Housing is provided by (last name, first name, patronymic of the owner) on the basis of (details of his title document).
Where to contactYou can register at your place of residence today by submitting the appropriate application with documents in one of the ways convenient for you:
In the first two cases, this is only a personal visit; in the third, you will still have to go in person to get the finished certificate, otherwise the temporary and actual registration at the place of residence will be immediately canceled, despite the registration. Registration via the InternetSince citizens have recently begun to more actively use online resources to obtain temporary registration at their place of stay, which is convenient and significantly saves time, we should consider in more detail the question of how online registration at the place of your stay is done. The sequence is simple, go to the official website of government services, register, go to your personal account, find the section with registration of citizens in the menu, select the “stay” section, fill out the electronic form and, following the instructions on the site itself, send the request. However, before obtaining temporary registration, it is necessary to prepare in advance all the documents that will be required for registration at the specified place of stay, since their scans are attached to the electronic form. If everything is done correctly, a notification will be sent to your email address with the date and place where you will need to come to sign and pick up your registration certificate. Deadlines and finesEvery citizen is required to obtain so-called temporary registration if he remains at his place of residence for more than ninety days in a row. If after this time a person has not reported to the migration service and continues to live at the same address without registration, he is subject to a fine of two to three thousand rubles. For residents of federal cities, the fine is higher and ranges from three to five thousand rubles. There is also a system of fines for homeowners. For example, an individual is liable from three to five thousand rubles, and a legal entity is liable from 250 to 700 thousand rubles. The deadlines for registration at the actual place of residence, if documents are submitted, are as follows:
In fact, how quickly the certificate can be issued depends on which method of submitting documents you have chosen. For example, if it is a postal shipment, you need to take into account the time it takes to deliver the letter. PriceIn accordance with the current provisions of Russian legislation, the cost of registration at the place of residence in the country is not provided - such a service is absolutely free for both Russians and foreigners. That is, when filling out a request online or during a personal visit to the territorial office of the Federal Migration Service, you cannot be required to pay any state fee. Nevertheless, today there are many private offers on the market related to temporary registration of citizens, including a maximum registration period of five years. These services are not government-owned and are provided by private individuals, as well as entrepreneurs who want to earn money in this way. You should be careful, because there are quite a lot of scammers in this area. What to do if you lose your certificateIn different situations, citizens need to confirm their registration in order to enjoy all social benefits, get a job, apply for benefits, and so on. Since the temporary registration of citizens at the place of residence is not marked with a stamp in the passport, a separate document is issued - a certificate, which must remain with you until you are discharged or the period specified in the document expires. Therefore, in the event of damage to the certificate, if it is lost, it is possible to restore it - to obtain a duplicate. To do this, you need to contact the same agency of the Federal Migration Service where you registered and submit the appropriate application. You will only need your personal passport, since FMS employees already have all other information. You can contact another territorial office, but you must be prepared for the fact that in this case the waiting time increases significantly, which is often not justified at all, given that usually the document is needed almost urgently. They may refuseIt is also important to take into account in advance the fact that temporary registration at your place of residence cannot always be issued; sometimes it is refused. Despite the fact that there are no official grounds for such a refusal in the law, this happens in practice. Possible grounds for refusal: Features for childrenA question of particular interest to many is how to register at a place of long-term stay for minors. Here are several answer options depending on age and certain circumstances:
For foreignersIf, in the absence of registration of citizens of the Russian Federation at the place of stay, only an administrative fine is provided, foreign persons face a more severe punishment for failure to comply with the law. Temporary registration is issued in the same way when submitting an application with documents to the Federal Migration Service, and foreigners need to do this within seven days from the date of their arrival on the territory of Russia. If the requirements are not met, the violator will be subject to an administrative fine in the amount of two to five thousand rubles, and may also be subject to a ban on entry into the country for five years with deportation. When it comes to tourists or persons staying in a hotel or similar establishment, the responsibility to register the foreigner rests with the owner and employees of the establishment.
Dear readers! If you want to find out how to solve your particular problem, please contact the online consultant form on the right → Or call us by phone (24/7). |
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