The difference between temporary registration and temporary registration

Why do you need registration?

The term “registration” itself was abolished back in 1993. Instead, the concept of the place of registration of a person applies. It attaches a specific person to a specific place of residence. In addition to the fact that the lack of registration itself is punishable by a fine, it also prevents you from obtaining the following opportunities:

• Receive social benefits
• Have access to free medicine at the place of registration,
• Place your children in a kindergarten in your area of ​​residence,
• Enroll children in school in the area where they live,
• Apply for a job,
• Get documents such as SNILS, driver's license and some others.

From here, we can conclude that the institution of registration at the place of residence plays an important role in providing services to citizens in various spheres of life.

How long can you live without registration?

In some cases, a person may be left without registration:

1. As a result of the sale of an apartment to another person.
2. As a result of deprivation of housing by court decision.
3. Moving to a different city,
4. Voluntary refusal of registration as a result of divorce or other actions of the homeowner.

As a result of the loss of registration, a person has an obligation to register at the new place of residence within 7 days. An exception is when moving to another city, since the reporting period begins from the moment the person arrived at the new place of residence, and did not leave the old one.

Otherwise, a citizen who has not received a residence permit will be punished with a fine. But this only happens when a person had a need for permanent registration.

There is an option when it is easier to obtain a residence permit in the sense that a longer period is given for it. We are talking about obtaining temporary registration. And this is a reasonable action, since the legislation of the Russian Federation strictly links registration to a specific address and place of residence. Temporary registration is given to a person for a certain fixed time for which he arrived in another city.

Let us formulate it again: if a citizen has to be discharged from one place of registration, then he must register in a new place within seven days. Registration in Russia is mandatory for all citizens. Otherwise, you will have to pay a considerable fine.

Registration of citizens in Belarus. What you need to know to avoid breaking the law

Article on the topic

Is it possible to privatize an apartment without the consent of everyone registered?

These and other questions from AiF readers were answered by licensed lawyer, Master of Law Alexander ZHUK.

Write out “to nowhere”

I am the owner of a one-room apartment. A daughter and son are registered in it. The daughter married a Nigerian citizen and now lives with him in this apartment. She asked to register her husband. He has a residence permit for two years. What rights does my son-in-law have to the apartment? N. Kovaleva, Minsk

— A wife can register her husband in the living space without complying with the requirements for the living space standard. He will not have any rights to the apartment. In the event of divorce, your daughter’s husband can be removed from the registration register and evicted from the premises.

Can the owner of the apartment deregister a spouse who did not participate in the privatization, but does not intend to deregister, although he does not actually live in the premises? Elena, Grodno

— You can write out a spouse only if the apartment was purchased before the marriage and the marriage was dissolved, regardless of whether the second spouse participated in the privatization or not. The second way to get your spouse’s consent to sign out is to convince him to deregister voluntarily. This procedure is carried out in the presence of living quarters, since it is impossible to discharge a person anywhere. By the way, living in Belarus without registration is prohibited. Lack of registration entails administrative liability - a warning or a fine of 2 to 4 basic units.

What rights does a person registered in an apartment have? Olga, Minsk district

— A person registered in a residential premises has the right to use the residential premises themselves. But here it is necessary to distinguish between the right of ownership and the right to residence. Ownership is confirmed by the appropriate document on the ownership of the apartment. Registration has nothing to do with ownership. A person who does not have ownership rights to the apartment may be registered in the residential premises.

Registration or registration?

How is registration different from registration? Nikolay, Minsk

— On January 1, 2008, Presidential Decree No. 413 “On registration” came into force in Belarus, and in essence the term “registration” was excluded from the legislation. The term "registration" is now used. Thus, “permanent registration” was replaced by “registration at the place of residence” (indefinite registration), “temporary registration” was replaced by “registration at the place of stay” (for a period of up to one year).

Explain who is being assigned to whom? E. Vergeichik, Gomel

— It is necessary to distinguish between registration in the presence of family ties without a legal basis and registration under the conditions of a legal basis. Thus, without taking into account the norm of the total area, the spouse will be registered in the spouse’s living space, the children - with their parents, and the owner - in their own apartment. In all other cases, legal grounds are required. For example, a residential lease agreement, a sublease agreement, registration of a minor at the place of residence (placement in special educational or educational institutions).

What is the difference between permanent registration and temporary registration? Tamara Sergeevna

— Permanent registration is carried out at the place of residence, and it does not expire. It requires legal grounds: an apartment in ownership, a lease agreement for a non-privatized apartment. Temporary registration is registration at the place of stay. For example, if a person moves to another city, he can register there temporarily.

I live in Minsk. I have a house in the village. I want to check out of the Minsk apartment and register in the house so as not to pay a large “utility” for it. But I would like to continue to be served at the Minsk clinic. What should I do? N. Sycheva, Minsk

— Based on the documents for the house, you will be registered at its location. At the same time, you will be automatically deregistered in Minsk. But at the same time you remain the owner of the apartment. To continue receiving services at the clinic, you need to write an application. The form should be provided to you at the clinic.

What are the pros and cons in a situation where there are more people registered in an apartment than there are residents? Natalia, Polotsk

— If more people are registered in the apartment than live, you will have to pay for utilities at increased rates. In Belarus, payment for maintenance is made at a set rate within 20 m3 of total area for each person registered at the place of residence and 10 m3 of total area for the whole family. Everything in excess is paid at a rate that ensures full reimbursement of the economically justified costs of providing these services, i.e. at full price.

Now about the positives. For example, if a residential premises is subject to demolition, then each of the registered residents has the right to be provided with a replacement apartment, the total area of ​​which should be determined based on the calculation of at least 15 square meters for the owner and each member of his family registered at the place of residence in the apartment subject to demolition. That is, in this case, you can apply for several premises or a larger area.

Registration for money

I want to move to live and work in Minsk. Now the Internet and various media are full of advertisements offering to register. Is this legal? Evgeniy, Polotsk

— If you do not have family ties in Minsk, any person can register you with them if they have free meters of living space. For Minsk this is 20 m3 of total area, for all other settlements - 15 m3. If “free meters” allow, then you can register absolutely any person, regardless of family ties. But there is a nuance here. To register for a living space for a non-relative, you must enter into a tenancy agreement. And a rental agreement cannot be free of charge.

I am moving to live from Minsk to Vitebsk. Is registration mandatory when moving to a new place of residence? Olga

— If you have moved to a permanent place of residence, you need to come to the settlement and reference center at your new place of residence and submit documents that confirm the right to reside in residential premises, and you will be registered. In this case, within three days from the moment you submit the documents, you will automatically be deregistered at your previous place of residence.

If this is a temporary move to a place of residence for a period of up to one year, then the person registers at the place of stay at will. At the same time, registration at the place of stay does not cancel registration at the place of residence.

I inherited a privatized apartment from my parents. I registered a relative there for permanent registration. What rights does he have to this apartment if I want to sell it? V. Indylo

— Your relative has no rights to the apartment, because registration has nothing to do with ownership. However, you will have to obtain his consent to alienate the residential premises.

I am disabled from childhood, I have II . I live in a hostel. The parents died and left a house in the village as their inheritance. I want to sell the house and buy a room in Minsk to rent out in the future. Tell me, can I stay in the hostel and not register in a new home? Elena Stepanovna

— After inheriting the house, you will be included in the Unified State Register of Real Estate. From now on you will be considered the owner of the house. Housing in the hostel is provided to persons who need improved living conditions and do not have their own housing. Therefore, you must be evicted from the hostel.

Fine for lack of registration

If a citizen does not register at a new place of residence within 7 days, he will be issued a fine. In addition, fines may be imposed on the receiving party if it violates the reception rules.

What documents are required for registration?

To register (registration), you must provide:

1. Passport
2. Copy of the passport
3. Application on form No. 6.
4. A document confirming home ownership for those who live in their own apartment.
5. Written consent of the homeowners, if a person is registered in a living space that does not belong to him.
6. A departure certificate, which indicates that a person has left his previous place of residence.

Download the application for registration at the place of residence in form No. 6 and a sample of its completion.

After all the documents have been collected and submitted, the person is registered at the specified address, the passport office, which is a structure of the Main Department of Migration Affairs of the Ministry of Internal Affairs.

How long can you live at your place of residence?

The period of temporary residence is determined by the owner of the property. It is he who decides how many people will live in his premises. At the same time, time limits have been established during which one can stay at a certain address. The minimum is six months, the maximum is five years. Within the specified period, you can set the length of residence of a person. They are indicated in the rental agreement, if there is one.

How to extend the deadline?

Extension of the temporary registration period is possible by agreement with the owner of the premises. In this case, the maximum limit for temporary residence should be taken into account. That is, it is possible to extend the period of temporary registration, if there is no permanent one, only within a five-year period.

If a person has lived for such a period at a certain address, then it will be necessary to go through the temporary registration procedure again, even with the consent of the owner or tenant of the residential premises. The procedure is carried out on a general basis. The necessary documents are collected, an application is drawn up, and the materials are sent to the registration authority.

The current legislation does not restrict a person’s right to obtain temporary registration in the absence of a permanent one. It is necessary to obtain the consent of the owner or tenant of the residential premises, collect documents and contact the Ministry of Internal Affairs. A temporarily registered person has all the rights and obligations on an equal basis with other residents.

Where can I register?

Only authorities can register. Private organizations do not have such rights. Registration can be obtained in the following places:

• Passport office (for Russian citizens),
• Department of the Main Administration for Migration Affairs (for registration of temporary registration for those who come from another city).

This service can also be provided through MFCs (Multifunctional Centers). And often they make life and collecting documents much easier. They are in all major cities.

When can they refuse?

The most popular reasons for refusal of temporary registration are the following:

1. Insufficient living space when registering for municipal housing.

2. 
   Insufficient package of documents.

3. Violation of migration registration rules by foreigners.

Refusal must be motivated and in writing .

If citizens believe that it is groundless, it is worth filing a lawsuit or a complaint to the regional Federal Migration Service.

You can find out how many people can be registered in one apartment, and how the number of registered people will affect the amount of rent, on our website.

If registration takes place in another city

In cases where a person wants to obtain registration in another city, where he has moved and where he intends to live for a certain time, the following documents are needed:

1. Passport.
2. Copy of the passport.
3. Travel ticket confirming the fact of the move.
4. A document confirming the right to register at the specified address (for example, this could be a personally completed consent form from the property owner).

Once all the necessary documents have been collected, temporary or permanent registration at a new place of residence becomes possible. This will depend on the goals of the citizen arriving in the new city. Will he live here permanently, as a result of purchasing housing here, or will he come here only to work or study for a limited time.

Some exceptions

There are situations that do not fit into certain norms and accepted procedures. In these cases, Russian laws are lenient towards their citizens and make the following assumptions:

1. If a person does not have a specific place of residence, he is allowed to register in one of the social institutions (night shelter, nursing home, etc.)
2. In the case when a citizen lives in a region and moves to another locality in the same region, he does not need temporary registration.
3. Minor children are automatically registered with their parents. If the owner of the property does not refuse registration to the parents, then the children will be automatically registered in the same living space.
4. Newborns are counted according to their place of birth. There cannot be any difficulties or objections here; the main thing is to issue the baby’s birth certificate on time.

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There are some exceptions related to the status of the person himself without registration. Who is he? A homeless person who does not have a fixed place of residence, relatives who are ready to accept him, or is a minor child. In the case of an infant and a minor, it is generally possible to obtain automatic registration at the place of birth and residence of the parents without the consent of the homeowner.

Concepts

So what is the difference between registration and temporary registration? First of all, each of these documents has its own period of residence:

• Temporary registration is usually issued when you plan to stay in the region for a limited period.
• If a foreign (or Russian) resident intends to stay in a locality for a long stay, he needs permanent registration and deregistration at the previous address.

So, let's look at each term separately.

Permanent registration or registration is a stamp in a passport indicating residence in a particular place that is not limited in validity.

Temporary registration is a certificate printed on a special form, provided for a specific period and subject to renewal.

The word “registration” came into use in the last century, when government bodies had just begun the procedure for registering the population; today the concept is considered outdated.

Temporary registration

In the event that a Russian citizen finds himself in another city outside his permanent place of residence for a long period of time (more than 90 days), temporary registration without permanent registration is applicable:

1. In this case, a person can live without registration for up to 90 days; after this period, it is necessary to make temporary registration, regardless of what region of the country he stayed in.
2. It is important to remember that an application for registration is submitted when a person arrives at a new place of residence.
3. Initially, you should decide what kind of registration you will apply for: temporary or permanent. Your further actions and procedures depend on this.

Temporary registration gives the right to reside for a certain period. After the end of which, the registration must be extended, or you must be discharged and registered somewhere else.

Similarities and differences between concepts

Let us tell you in more detail how temporary registration differs from permanent registration. The first is used to officially secure your place of residence. This is required for:

• official employment;
• receiving medical, educational services and assistance from law enforcement agencies;
• applying for a loan in any locality of the Russian Federation.

If a migrant stays in Russia without legalization for more than 90 days, he is subject to administrative liability under Art. 19.15 Code of Administrative Offences.

Unlike temporary registration, registration is mandatory for every individual, because everyone must have a permanent address. A person registered in a certain place has the right to stay there for any period, and no one can remove him from the register without permission.

Persons with temporary registration do not have any rights to own housing.

Each concept has its own characteristics, but there are also similar points:

• registration only with the consent of the owner of the living space;
• the need to pay part of the utilities;
• relevance in case of a foreigner’s stay in Russia for more than 90 days;
• the opportunity to use all legal services in the state.

Registration in Moscow

It is possible for a person who does not have his own home to register in Moscow only through temporary registration. Obtaining a Moscow residence permit is permitted by law in the following cases:

1. During a long business trip.
2. The need to undergo long-term treatment.
3. Long-term work in the capital.
4. Study and education.

In all these cases, it is possible to make temporary registration in Moscow.

Permanent registration in Moscow is done on a general basis. Either you become the owner of a home in the capital, or you obtain consent for your registration from the homeowners who are ready to provide it for you to live in.

Registration procedure

Temporary and permanent registration are two different concepts, the difference of which also concerns the procedure for their registration. For example, you can register temporarily at your place of residence by doing the following:

• Collection and preparation of the necessary documents (personal passport or birth certificate for a minor, a completed application form for registration with signatures of the applicant and the owner of the living space, title papers for a residential property, for example, a social tenancy agreement, a certificate of ownership, a rental agreement, other);
• Transfer of documents to the appropriate authority.

You must contact the Federal Migration Service at the location of your housing, the Main Directorate for Migration Issues under the Ministry of Internal Affairs or the Multifunctional Center. On the day of application, the applicant will be given a special insert, after which, within three to eight days, a form of the corresponding certificate of registration of the person will be received. In this case, there is no need to be discharged from your permanent place of registration.

If there are several owners of residential real estate, you need to obtain consent for registration from each of them. Registration for temporary registration is completely free for citizens of the Russian Federation. In addition, if it is not possible to appear in person at one of the above authorities, you can send an application with documents by mail or through the government services website.

The scheme for permanent registration in a residential area looks like this:

• Contacting the migration service at the location of housing;
• Collect the necessary papers and submit them along with the application form.

If it is not the owner of the living space who is registering, the written consent of the legal owner of the property will be required. In the case of registration of a child together with an applicant who is his parent, guardian or official adoptive parent, minors who have reached the age of over 14 years must be personally present at registration. On average, the registration process takes no more than a week.

Where is it prescribed?

Housing and organizations where you can register at your place of residence:

1. Apartment.
2. A private house.
3. Dormitory.
4. Social rental housing.
5. Nursing home.
6. Boarding schools where people live due to illnesses (for example, neuropsychiatric ones).

That is, all those places of residence where a citizen intends to live for a long time, including situations of residence for the rest of his life. Under the conditions of temporary registration, you can register:

1. In sanatoriums,
2. In boarding houses,
3. In boarding houses at hospitals.

In such situations, the form of residence itself requires a periodic change of place of residence.

Duration and cost of the procedure

FMS employees check the submitted documents within 3 working days. After this, a Temporary Registration Certificate .

This period is established by the Rules of Procedure of 1995. If documents are submitted remotely (via mail or the State Services portal), the processing time may increase to 10 days.

FMS employees may require additional certificates from the last place of residence.

The procedure for citizens of the Russian Federation is absolutely free and does not require payment of state duty.

You can learn about the consequences of temporary registration for the owner of the premises in our article.

How much does registration cost?

There is no state fee for temporary and permanent registration. This procedure is absolutely free, but it is not easy to complete it in large cities such as Moscow and St. Petersburg. In this case, you can contact specialized organizations that will quickly arrange registration, according to the price list.

These are typical prices for legal centers and legal films that provide registration services at the place of residence. Let us remind you that the registration procedure itself is absolutely free for citizens.

What's the result?

Temporary registration does not entail any consequences.
It cannot save money on housing and communal services, but it can help when a child enrolls in kindergarten and school, and will also come in handy during elections. Permanent registration , even if problems arise with tenants, does not give them any property rights. They can be discharged through the court, even if they have no place to register again. However, with its help you can rent out an apartment more profitably if no one is registered there. Because otherwise, economically justified tariffs for housing and communal services will force you to greatly reduce the rental price.