Rules for registering foreign citizens on the territory of the Russian Federation: how to register a migrant in your apartment through the Federal Migration Service?

As we wrote earlier in the article, on July 8, 2021, Federal Law No. 163 came into force, which made significant changes to the issue of establishing and extending migration registration of foreign citizens, so now foreign citizens are required to be registered with migration authorities at the address of their actual place of residence. Due to the fact that many foreign citizens rent apartments for living, we decided to prepare instructions for registering a foreigner in an apartment, which can be useful both for foreign citizens renting apartments and for their landlords, who are now required to register their foreign tenants with migration registration , since registration of a foreign guest in an apartment is now a mandatory procedure.

In other words, if you are a foreign citizen who rents an apartment for living, then your landlord is obliged to do migration registration for you in the apartment, since this is now his responsibility in accordance with the current Federal Law No. 163.

If you are a landlord and rent out an apartment to foreign citizens, then now registering a foreign guest in the apartment is your responsibility, since foreigners can now register only at the place of actual residence.

To move around the page more conveniently, you can use the navigation:

A foreigner without registration in an apartment: consequences for the guest and the apartment owner
Do not confuse the concepts: permanent and temporary registration of citizens of the Russian Federation and foreign citizens
Permanent registration of citizens of the Russian Federation at the place of residence (registration)
Temporary registration of citizens of the Russian Federation at the place of stay (registration)
Temporary registration of a foreign citizen at the place of residence
Temporary registration of a foreign citizen at the place of stay
Why you shouldn’t be afraid to register foreigners in your apartment
How can a foreigner register in an apartment: step-by-step instructions
Sample of filling out the registration form for a foreign citizen in an apartment

Reasons

Unlike temporary registration, registration of an IG at the place of residence is possible only after the foreigner receives a temporary residence permit or residence permit .
These documents give the migrant the right to reside in Russia for three to five years, move freely within its borders, travel abroad and enter without a visa, and also find employment without a patent or work permit .

However, these documents are not enough for a legal position in the country. How many days are given to register a foreign citizen?

A prerequisite after receiving them is registration at the place of residence within 7 days (Federal Law “On Migration Registration...” No. 109 of July 18, 2006).

Violation of this condition is a violation of the law and is punishable by a fine in the amount of 2 to 7 thousand rubles, depending on the region (COAP Art. 18.8).

In some cases, a violator may lose a temporary residence permit and be expelled from the territory of the Russian Federation without the right to enter for 3 years.

How to register a foreign citizen?

Legislation on the issue of permanent and temporary registration of foreigners in 2021

In recent years, significant changes have been made to migration legislation. Currently, the procedure and conditions for registration of visitors are regulated by the following documents:

Federal Law No. 109 “On migration registration of foreigners and stateless persons”, adopted on July 18, 2006.
Federal Law No. 163 of June 27, 2018, which amended Law No. 109.

Also in this area there is the Decree of the Government of the Russian Federation No. 9 of January 15, 2007 and a number of regulatory assets adopted by the Main Directorate for Migration of the Ministry of Internal Affairs.

Where can I register?

Before submitting an application for registration, you must decide on the place of future registration. By law, you can register in the following premises:

residential premises belonging to IS;
housing of relatives and friends;
municipal apartment;
rented housing.

Registration in each of the premises has its own characteristics:

The simplest option is registration in an apartment owned by the migrant himself or members of his family . The basis for its registration is the presence of a Certificate of Ownership.
To register relatives or friends in an apartment, you will need the consent of the owners, their presence and confirmation of relationship.
Registration in a rented apartment is possible without the presence of the owner and his consent if a notarized lease agreement is drawn up. With a simple form of contract registration, registration is carried out in the usual manner.
Registration in a municipal apartment is the most difficult option. To implement it, you will need to obtain the consent of the municipal authorities, who are actually the owners of the residential premises. A migrant will be denied registration if, after his arrival, the number of square meters per resident becomes less than regional standards.

The registration address may differ from the one indicated in the application for a temporary residence permit or temporary residence permit.

When registering under a temporary residence permit, a mandatory condition is registration in the same region where the document is issued.

For example, with a temporary residence permit in Moscow you cannot register in the Moscow region. There is no such restriction for registration under a residence permit.

What is the procedure for registering foreign citizens in the Russian Federation?

Rules for registration of foreign citizens

How to register a foreign citizen in an apartment? An application for registration at the place of residence by a migrant is submitted in person when applying to the FMS or MFC.

Specific addresses in each region may vary, so information must be clarified when receiving a temporary residence permit from the employee issuing the document. As a rule, registration is completed in the department of the Federal Migration Service where the temporary residence permit was received.

What is needed to register a foreign citizen? The application for registration is submitted with a package of documents:

passport with its official translation;
RVP or residence permit;
certificate of fingerprinting;
consent of the property owner. If the premises are in shared ownership, each owner must give consent;
rental agreement (if any);
passport and Certificate of ownership of the owner of the premises;
documents on relationship with the owner or a rental agreement for premises;
migration card;
arrival slip;
extract from the house register;
receipt for state duty.

When registering in premises owned by another person, or all owners is required

The employee accepts the application and creates a migrant registration card. After checking all the documents, a registration mark (stamp) is placed in the migrant’s passport. These actions are prescribed in the administrative regulations of the Federal Migration Service for registration at the place of residence.

Registration after receiving a temporary residence permit

A person who has his own personal or rented home has the right to register or register after receiving a temporary residence permit.
The subject has the right to register where he intends to live, in one of the local offices of the following government agencies :

MFC;
migration service;
police;
online through the State Services service.

Registration is carried out on the date of submission of documentation. For the procedure you must pay a state fee of 350 rubles . This amount is not paid by a person living under the state resettlement program.

What documents are needed for registration

The registering organization is provided with:

RVP form of the established form . Filled out manually or on a computer, signed by the subject;
passport with notarized and translated copies;
documentation for the object and the rights of the subject (house register, purchase and sale transaction, certificate from the register);
ID card of the person providing the premises . He must come to the government body himself, and if there are co-owners, they can provide their opinion certified by a notary;
documentary grounds giving authority to a foreigner to live in the premises ( written lease agreement ).

A registered person has the right to register his minor children without the consent of the property owner. Their temporary registration will end at the same time as their parent's.

It is important to comply with additional requirements:

If housing is rented from unauthorized persons, the consent of all owners is required .
If a foreigner is registered with relatives, then the relationship must be documented .
The owner (with the consent of the others) is obliged to be present when the subject submits papers to the registration authority.
If a foreigner owns several residential premises, then registration is recorded at the address of one of them , and the rest of the housing is reported.
The foreigner confirms (fingerprint) procedure

The registration authority may impose additional requirements (for example, a photograph).

Additional Documentation

The above list is minimal and can be expanded. If a migrant is registered at the place of stay with relatives, notarized consent of all owners will be required. If you have this document, the presence of all homeowners will not be required.

The consent may not be notarized if it is drawn up directly at the place of registration, but then all owners must provide identification documents. You must also have documents confirming the ownership of your home with you.

Download owner's consent

If a newborn child is temporarily registered, then the child’s birth certificate will be required, and the consent of the owners is no longer necessary.

The possibility of such registration of minors raises concerns among homeowners; however, it ceases along with the registration of parents.

How to fill out an application?

The application for registration has a form approved by regulations (Form 9). The document must be filled out in Russian, in legible handwriting, without abbreviations or erasures. Corrections and crossing outs in the form are not allowed.

The application contains the following information:

Name of company.
Migrant data – full name, passport details.
Registration address.
Details of RVP or residence permit.
Information about the residential premises (full name of the owner, details of the Certificate).

Timing and cost

What are the registration deadlines for foreign citizens?
Unlike the registration of a Russian citizen, which is indefinite, the registration of an IG is issued for a maximum of three years, in accordance with the validity of the temporary residence permit or residence permit.

At the request of the owner, the period can be reduced to 1 year , then it can be extended.

The passport is stamped on the day of application. The only problem is getting an appointment with a specialist, since there are always quite long queues at the Federal Migration Service.

What is the state fee for registering foreign citizens? When registering for foreign citizens, you must pay a state fee of 350 rubles.

You can complete registration quickly and without errors in filling out documents with the help of an intermediary organization. The cost of services of such companies is from 1500 to 3000 rubles .

Hiring highly qualified specialists

In order to conclude an employment contract with a highly qualified specialist (HQS) who arrived from a country that has a visa regime with Russia, the employer may not apply for a permit to hire foreign workers. But the HQS himself is required to obtain a work permit in the Russian Federation. In this case, the employer will be required to submit a number of documents necessary for issuing such a permit (Clause 6, Article 13.2 of Law No. 115-FZ).

When drawing up an employment contract, you need to take into account that the salary of a highly qualified foreign worker cannot be below the threshold value. In general, this value is equal to 167,000 rubles. per month (subclause 3, clause 1, article 13.2 of Law No. 115-FZ). But for some jobs a reduced size is set. For example, the salary of a HQS hired to work as a resident of a technology-innovative special economic zone cannot be lower than 58,500 rubles. per month. And foreign specialists - residents of industrial-production, tourist-recreational or port special economic zones must receive more than 83,500 rubles. per month.

When employed, a highly qualified specialist is required to present a VHI policy. Or the employer himself must enter into an agreement to provide paid medical services to such an employee (Clause 14, Article 13.2 of Law No. 115-FZ).

Refusal of registration

the reason for refusal to register at the place of residence:

errors in completing the application;
incomplete package of documents;
lack of consent of the owner (including permission from local authorities when registering for municipal housing);
the employee doubts the authenticity of the documents provided;
the premises in which registration is carried out are seized or are in pledge.

Change of residence

While living in the Russian Federation, a migrant may need to change his place of registration . Such actions are possible subject to certain conditions:

The new residential premises must be located in the same region as the place of initial registration. In this case, the migrant writes an application to change his place of registration and attaches to it the documents that serve as the basis for this action. The application review period is about two months. If the decision is positive, the migrant is deregistered and undertakes to register at a new address within 7 days.
To move to another region, you will need to apply for a temporary residence permit transfer . The application is submitted to the FMS office where the temporary residence permit was issued. There must be compelling reasons for a transfer. After coordinating actions with the territorial branch of the FMS at the new address, the migrant receives permission to transfer or refuse. After receiving a new temporary residence permit, registration is carried out at the new address.

Hiring a foreigner from a “visa” country

An employment contract with a foreigner who is in the Russian Federation on the basis of an open visa will be valid only if the candidate obtains a work permit. At the same time, as already mentioned, such an agreement can be drawn up and signed even before the potential employee receives permission. But the employment contract will begin to operate only after this permit is issued.

In addition, a foreign worker temporarily staying in Russia must present a VHI policy when applying for employment. (The employer may release the foreigner from this obligation if he assumes the obligation to pay for medical care provided to such an employee). To conclude an employment contract with a “visa” migrant, in most cases the employer himself will need to obtain a permit to accept foreign labor. The procedure for obtaining such permission was approved by order of the Ministry of Internal Affairs dated 01.08.20 No. 541.

Consequences for the owner

Registration of a foreign citizen in his apartment does not entail the emergence of rights to it , however, the citizen who provided the migrant with an apartment for registration should take into account the following points:

Moving into the apartment of a new tenant will entail an increase in utility bills in the absence of individual meters. Responsibilities for payment rest with the owner of the premises.
The owner is fully responsible for all actions of the tenant . The right step would be to take out property and civil liability insurance for your neighbors.
According to the law, a citizen registered in an apartment, including a migrant, has the right to register his own minor child in this territory . The owner's consent is not required for this action.

Therefore, by registering a migrant in his apartment, the owner of the property can become the owners of additional tenants in his property.

Having moved a migrant into an apartment, the owner must also remember that it is necessary to notify the FMS authorities in a timely manner if he moves out prematurely. It is also necessary to monitor the lodger’s guests, since often one migrant is registered, but in fact a whole family or group of friends lives with him . Living in an apartment of an IG without registration is punishable by a fine of 3 to 7 thousand rubles.