Temporarily and without owner
There is no clear answer here. It all depends on the specific circumstances. Is it possible to register a person without the presence of the property owner?
Yes, the legislation provides for a similar scenario. The owner may not consent to registration and not participate in the process. However, in this case, registration is issued only for a time.
All notifications arrive either through the State Services information portal or by mail. At any time, the owner can expel a citizen from his home.
Registration through the State Services portal
To save time, it is worth submitting an application for registration through the State Services portal. Algorithm of actions:
- Select the type of service received: electronically or through a personal visit to the department.
- Log in to the portal.
- Fill out the electronic application with the required information.
- Submit your application and wait for the results of its verification. Interaction with the client is carried out through a personal account. The notification comes to the mobile application or email
At the specified time, you need to bring the documents to the department of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs, where they will put a mark in your passport about registration at your place of residence.
Find out in more detail how registration is carried out through State Services.
Permanent registration and owner
Some problems may arise if a person needs to register a new tenant without his personal participation on an ongoing basis. Such an operation takes place in practice. But how legal is it?
Fully. How to register in an apartment with the owner without his presence? The legislation of the Russian Federation does not provide any special instructions in this regard. According to the law, registration of the population must be carried out with the consent of the owner of the property and in his presence. But there are exceptions.
The only real way to bring your idea to life is to issue a power of attorney from a notary to carry out the operation. An authorized representative will represent the interests of the homeowner and assist in registering a new tenant.
Common Questions
When registering for housing, citizens often have the question of whether it is possible to register a person in an apartment using a general power of attorney. The document allows you to perform registration operations in relation to the principal, but its text must contain a clear indication of the right to represent the interests of the owners:
- draw up and sign an application on behalf of the owner;
- provide and receive documents for an apartment and identity cards.
Some people are interested in how to register a disabled person of group 1 without his presence. It must be emphasized that deregistration in such a situation is not necessary. When registering at a new place of residence, deregistration is carried out automatically. Registration of a disabled person is also carried out on the basis of a power of attorney certified by a notary. The personal presence of the person is not necessary; only his passport data is required.
We will also mention whether the child’s presence is necessary when registering him. To register a minor, only the presence of parents or the notarized consent of the absent person for registration is required. The child's visit is not required.
Guarantees and risks
But it is impossible to say with certainty that such a situation will be realized. Is it possible to register a person without his presence? When it comes to the absence of the homeowner during the procedure, the risk of refusal is high. Even with a power of attorney drawn up by a notary.
This means that it is problematic to obtain permanent registration without a direct participant - the owner of the property. Some FMSs allow you to act by proxy, while in others such an operation is considered impossible. To clarify the situation, it is recommended to contact your FMS department or passport office. Only there they will be able to give an accurate answer to the question being studied. This ambiguity is caused by the absence of direct prohibitions at the legislative level on the registration of citizens without the participation of home owners.
The process of issuing a power of attorney
The main document in the process of registration of registration without the presence of a person is a power of attorney on his behalf. Often, a notary draws up a power of attorney, which is intended for the regulatory authorities of the passport office. To issue a power of attorney, you need a one-time special form, which the notary has. Certification of a document, as a rule, is carried out in the place where the citizen resides - be it a home or a hospital.
In special cases, the help of a signer is required - a person who signs a document for a person who is deprived of such an opportunity due to illness. His task is to sign or write a statement if the patient is unable to perform these actions.
Take note : to select a hand striker, be guided by certain selection criteria:
- speaks Russian;
- has a passport of a citizen of the Russian Federation;
- adequate in his actions;
- not interested in the registration process.
An exception
Not at all. Life is unpredictable. And this fact must be taken into account. Is it possible to register a person without his presence?
Based on established practice, it should be concluded that the implementation of the idea is taking place. In exceptional cases, the law allows registration of citizens without their personal presence. But there must be good reasons for this. For example, a person is seriously ill or, due to circumstances beyond his control, cannot be present at registration.
But everything is not as simple as it seems. How is a person registered without his presence? Possible ways to achieve this task include carrying out the process only after the registered person has issued a power of attorney. Without this document, you will not be able to register in this or that housing.
Reasons
If we talk about forced eviction from an apartment, we can highlight the following grounds for this:
- Divorce.
- Public order disturbance.
- Inappropriate use of housing.
- Non-payment of utilities and so on.
In all of the above and some other cases, people can be discharged without their presence, by court decision, forcibly. Bailiffs will also forcibly evict them from the apartment, if necessary.
Where to go for help
Where do you register for registration in Russia? Several authorities are dealing with this issue.
Today, population registration (temporary or permanent) is carried out:
- in the housing department;
- in passport offices;
- through management companies;
- to the Federal Migration Service;
- in the migration departments of the Ministry of Internal Affairs;
- through multifunctional centers;
- by accessing the State Services portal.
More and more often, citizens turn to the MFC to implement the task. It is clear whether it is possible to register a person without his presence. But how exactly to do this?
Procedure
All you need to do is follow some simple instructions. They will help you easily register for housing without personal presence.
How to register in an apartment with the owner? Step-by-step instructions in the situation under study will look like this:
- Collect documents for issuing a power of attorney for a particular person.
- Contact a notary to issue a power of attorney to carry out registration actions.
- Prepare a package of documents for registration.
- Contact one of the previously listed authorities with an application and papers.
- Wait until the authorized body registers at a particular address. Pick up your registration certificate or passport at the appointed time.
As a rule, the procedure is almost no different from the usual registration of a citizen. The difference is that before contacting the Federal Migration Service, the registered person is required to issue a power of attorney, which will state the right to carry out registration actions.
Legislation
Registration is also possible without a personal application, although it is not directly established. A person may experience difficult life circumstances or illnesses. Registration is carried out on the basis of the following regulations:
- Government Decrees No. 194 of 03/05/2015 and No. 713 of 07/17/1995.
- Housing Code of the Russian Federation.
Clause 31 of PP No. 713 contains a list of cases when registration is allowed without one’s own presence. The website of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of the Russian Federation contains information about the possibility of applying through a legal representative, who can act on the basis of a notarized power of attorney.
Documentation
Many people are interested in what documents will be useful for the implementation of the task. It all depends on the specific situation. Let's start with the most common option - registration of an adult citizen of the Russian Federation.
Is it possible to register a person by power of attorney? The law does not prohibit such actions, but does not openly allow them either. Therefore, the possibility of successfully solving this problem cannot be excluded. But there is also a risk of failure.
The following documents are required for registration:
- power of attorney;
- passport of the authorized person;
- identity card of the person being registered;
- homeowner's passport;
- consent from all owners to the registration of a new tenant;
- statement;
- military ID;
- arrival and departure sheets;
- certificate of ownership of housing.
If we are talking about minor children, then citizens are additionally required to:
- consent to registration from the second parent (if the spouses have registration in different places);
- child's birth certificate.
Foreigners must provide:
- migration card;
- a translated copy of the passport in Russian.
There is nothing difficult or special about it. The main thing is that the Federal Migration Service does not refuse registration by proxy.
Automatic checkout
The most common is automatic checkout. There are two options - auto-registration for temporary registration and for simultaneous registration at a different address.
Temporary registration
If a person plans to live in a certain place for only a limited time, he applies for temporary registration. This is relevant for long business trips, studying at universities in other cities, and so on. A person can have two registrations at the same time: permanent and temporary. The latter, as the name suggests, is valid for a strictly defined period. Once this period expires, registration is canceled automatically.
Example: A student went to another city to study at a university. He was moved into a dormitory and given temporary registration for the entire duration of his studies (or until expulsion from the university). After completing the training, this type of registration automatically disappears. If a young specialist has a permanent registration, then it remains; the presence or absence of temporary registration does not affect it in any way.
Extract with simultaneous registration
The most common option for an extract is an extract with simultaneous registration at another address. Everything is very simple here. People are not checked out of the apartment where they previously lived, but are immediately registered in another housing. The previous registration automatically disappears; there is no need to deregister.
Checking out of an apartment can be quite simple, but this is not true in all situations. In many cases, you simply cannot do without the advice of an experienced lawyer. During a free consultation, qualified specialists will draw clients’ attention to the main controversial issues that must be taken into account when discharged. They can also act as client representatives, thereby significantly increasing the chance of a successful discharge and the speed of processing all documents.
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Author of the article
Natalya Fomicheva
Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.
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