Is it possible to register a person without his personal presence?

Subject to the rules and fulfillment of prerequisites, every citizen will be able to register at the place of stay or actual residence. It would seem that collect documents and submit an application for registration - everything is extremely simple and clear, but it is not always possible to deal with this issue.

This raises a completely logical question: is it possible to register a person without his presence? This opportunity will be convenient for people who are on a business trip or who are unable to arrive at their actual address.

The law allows you to use this way out, but a number of features must be taken into account. You can find out more details from the presented article.

General scheme for obtaining registration in an apartment

Registration issues are quite strictly regulated by certain provisions of legislative acts. In fact, registration is a certificate of a citizen’s rights to live in a home.

Obtaining a residence permit requires step-by-step actions on the part of the citizen:

1. Collecting mandatory documentation and contacting the passport office at your place of residence or stay.
2. Submission of a standard application, together with a package of documentation.
3. Handing over the application and passport for stamping.

This option is considered standard and is used by the majority of Russian citizens. There is another option for registering a residence permit - submitting an application through State Services.

Laws regulating the procedure

The rights and responsibilities of citizens who can be registered in a residential area that is owned by someone else can be found in Article 31 of the Housing Code of the Russian Federation, with the rights of family members of the owner of the premises in Article 292 of the Civil Code of the Russian Federation (we also talked about what rights registration in an apartment gives a citizen in this material).

The procedure for registering persons is regulated by Government Decree No. 713 of July 17, 1995 , as well as internal order No. 288 of September 11, 2012 adopted within the Federal Migration Service, which regulates the actions of the federal body and determines the capabilities of citizens.

Federal Law No. 5242-I determines the persons responsible for registration records and establishes the rules governing the submission of applications.

The right of a child to live without obtaining the consent of the apartment owner is indicated in Article 20 of the Civil Code of the Russian Federation. Thanks to the document, the child can obtain registration without any problems.

Can registration be completed without the personal participation of the homeowner?

This issue is very relevant, since permission to register in this manner would solve many problems. The difficulty is that such issues are not regulated in any way by law. According to the current procedure, the owner's permission is absolutely required, but there are exceptions.

To register a person without the participation of the owner of the property, it is enough to submit a power of attorney on behalf of the owner. However, employees of the registration authority may refuse due to the unfoundedness of providing a trust document.

Consent of the person being prescribed

If present, it is drawn up in the form of a statement indicating personal data and signing. Otherwise, a power of attorney is submitted, which specifies that the representative undertakes to submit and pick up the completed documents. Without this, further actions are not allowed.

Owner's consent

Employees of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs often refuse registration if only a power of attorney from the owner of the property is provided, as this may lead to claims on his part. To prevent this situation from happening, the owner’s consent to registration and an application in Form 6 is additionally provided. Registration is carried out through a notary.

Is it necessary for the registered person to be present during registration?

According to the law, the person being prescribed must be present during the procedure and express his consent. In practice, other situations may arise - when it is necessary to register a tenant without his presence.

The basis for this is a valid reason why the person is not physically able to appear at the migration authority or at the passport office. The following circumstances may be valid reasons:

• the occurrence of a serious illness;
• disaster of a natural nature;
• other circumstances beyond a person's control.

If it is not clear whether the owner has the right to register a specific citizen in his apartment without his personal presence, then it is worth focusing on the circumstances of the case. Of course, the reason for the absence of the registered person must be documented.

The applicant is required to appear for an appointment at the government department with a trust document.

Registration without the presence of the registered person

The main requirement is compliance with the deadlines established by law. With permanent registration – 7 days, with temporary – 90. Is it possible to register without personal presence? The fiduciary must provide consent, which allows for representation.

In order for the procedure to pass the first time, it is better to contact the Main Migration Department of the Ministry of Internal Affairs at the place where the application was submitted in advance. This allows you to accurately determine whether personal presence is required during registration. Here we will tell you exactly what is needed.

As a rule, in addition to consent, a power of attorney is required to submit and receive documents by a notary. In such a situation, registration without the presence of the person being registered becomes possible, and government bodies have no reason to refuse.

At the place of residence

To do this, the principal provides documents from both parties. It is important to take into account that the passport of the registered person is taken from the Main Directorate for Migration of the Ministry of Internal Affairs. This is necessary to affix a stamp with the registration address.

By place of stay

The procedure does not change, but the registration period is indicated in the application. It ranges from 3 months to 5 years and is chosen at the discretion of the owner. It is suitable in the following cases:

• moving to a city where there is no real estate;
• long-term treatment;
• being on a business trip for a period of more than 90 days.

Temporary registration without the presence of the person being registered is simpler, since there is no need to register from the place of residence. After expiration, you can re-issue it if necessary, and the person does not plan to leave the region.

What documents are needed and where should they be submitted?

Documentation for registration is accepted in several organizations at once. To submit your application for consideration, you will have to prepare all the necessary papers in advance. I will present important information in the form of a table.

It is allowed to register without the personal presence of the citizen, but with his passport. You will need to fill out an application and contact the authority during office hours. The owner of the living space must certainly be present, and if there are several of them, then all owners. They are required to have written permission for another person to register.

Registration of minors

The law provides that parents have the right and obligation to represent the interests of their children in various government bodies. Therefore, the responsibility for timely registration of the child rests with the parents.

The placement of the child in a clinic, kindergarten, or school also depends on it. Therefore, registration of children is mandatory from their birth.

In addition, a child cannot be registered separately from his parents. Therefore, if they are not deprived of parental rights, then registration can only be issued at the address of one of the parents.

And here the question arises: can the father register the child without the presence of the mother? It is important to know that in order to register a common child, the consent of the second spouse will be required.

This rule will not apply only to the mother of the baby if the father is not included in his birth certificate. In this case, the consent of the unofficial father will not be required.

Therefore, in order to register a child with his father, the consent of the child’s mother is required . And at the same time, the baby himself cannot be deprived of the right to live with his mother. Therefore, the mother also has the right to live in the father’s territory with her child.

But it is important to remember that the right of residence does not give the children and mother the opportunity to dispose of this property . They can have such a right only if the title to housing is registered in their name.

Documentation

To register a minor, a certain list of documents will be required . It is important to know that after a teenager reaches 14 years of age, he receives partial legal capacity; accordingly, he can live separately from his parents with other relatives.

But for this he will need the written consent of his parents. However, any registration will require the presence of the child himself and his signature on the application.

But until the age of 14, only the signature of one of the child’s parents is sufficient. This also applies to guardians and foster parents.

The following documents are needed:

• the application for registration itself, the form, can be obtained from the registration authority;
• baby's birth certificate;
• passport of a parent or other representative;
• consent of the second parent;
• consent of the owner of the property, if this parent is not the owner and is not registered at the specified address, as well as his passport;
• Marriage certificate;
• an extract from the house register, or the book itself (for a private house).

If a child is registered with his parent, who is the owner of the property, then the consent of the other shared owners is not required.

If a parent and a child are registered in an apartment but do not have ownership rights to this housing, the consent of all home owners is required.

At the same time, they must write it personally in the presence of employees of the registration authorities, or have it certified by a notary.

Can a grandmother register a child without the presence of parents? This is allowed if:

1. The child will reach 14 years of age and agree to this registration, and the parents will additionally give written consent to this.
2. If the grandmother gets custody of the child.

But until she is 14 years old, she will not be able to complete this procedure without meeting one of these conditions.

Why can they refuse registration by proxy?

Russian legislation does not specifically indicate a ban on registration in an apartment by proxy, but there are situations when registration will definitely be denied:

1. The trust document was not notarized.
2. The document does not contain the authority of another person to carry out registration.
3. The application was completed incorrectly, or the title document for the home is missing.
4. The submitted documentation contains technical errors.

If official representatives do not have such questions, then registration may well be carried out. To save time, the application can be submitted through State Services, but documents will still need to be submitted in person or through a power of attorney.

Where to contact

First of all, you need to prepare a complete package of documents. Then you need to find out where registration is done. You can contact one of the following organizations:

• management company;
• through the State Services portal;
• MFC;
• territorial department of the Main Department of Migration Affairs of the Ministry of Internal Affairs.

Most often, citizens turn to Multifunctional Centers. Here they will accept documents and give you a form to fill out. But the period increases, since registration takes place directly at the migration department of the Ministry of Internal Affairs.

Grounds for registration

All the subtleties of the registration procedure, as well as its termination, are provided for in Government Decree No. 713.

FMS employees will not be able to register a citizen if he does not provide sufficient grounds for this. For example, if a person rents residential premises, he must provide a rental agreement. If it is not there, then the owner of the property must draw up a written consent that this citizen temporarily resides in his apartment.

In cases where there is more than one owner of the property, the consent of each of them is required. One of the owners may be a minor - this is a reason to contact the guardianship authorities to obtain their consent.

Housing that is not privatized is the property of the municipality. Therefore, to register at this address, it is necessary to obtain the consent of the administration of the locality.

Kinds

As stated above: there is permanent and temporary registration. A large number of citizens confuse these two concepts. However, if you look at their definitions and differences, everything falls into place.

Temporary registration is a certificate indicating a person’s current residential address. You must acquire it when placing a city located in another region

. If a person arrives in a new place and the trip lasts more than 90 days, he needs to register.

Need to know! Staying in another subject of the Russian Federation without registration for 91 days is a violation of the law. This applies to both citizens and guests of the country. Considering that it takes more than one day to process it, you should take care of the issue in advance so as not to miss the deadline.

Permanent registration is a stamp confirming the address where the citizen lives most of the time. In most cases, you receive it in your apartment or parents’ property.

It’s easy to distinguish the two terms: they have different purposes and 3 significant differences. Therefore, you should not worry that people are confused and do not see the difference between them.

For clarity, below are their main differences:

1. Temporary registration is issued for a certain period, which cannot exceed 5 years, permanent registration is issued indefinitely.
2. Temporary is not valid without an identity document. The passport office employees enter the permanent information into the passport when it is changed or reissued.
3. To obtain a temporary one, the consent of the owner of the property where you plan to register is required. When obtaining permanent registration, this is not required, because in most cases people register their property.

It is worth noting that permanent registration is a certificate, and permanent registration is a stamp in the passport.

Need to know! Any citizen who has permanent registration can visit another city in the Russian Federation, and if his stay is longer than three months, he will receive temporary registration at the place of stay.

Thus, it is possible to have both types of registration at once.

Permanent registration

In some cases, it becomes necessary to register a third party who, due to some circumstances, cannot personally come to the registration authorities. For example, such a need arises if the person being registered is a seriously ill person.

But is it possible to register a person by proxy without his presence? The law does not prohibit carrying out a procedure based on such a document.

The power of attorney must be drawn up and certified by a notary . It must indicate the powers of the principal and the type of operation for which the document is being drawn up.

If necessary, a notary is invited to your home (if the person being registered cannot move). The help of a signer may also be needed if the person is unable to sign on their own.

But the power of attorney may not satisfy the registration authority, since there are no precise laws allowing registration using such a certificate . In this case, government officials may require additional confirmation of the legality of the operation.

To prevent misunderstandings and refusal to carry out the procedure, it is recommended to first consult with FMS employees about the form of the power of attorney and its powers. You can also take a sample of writing this document.

Is it possible to register a person without his presence?

Most real estate transactions conducted through government agencies require the mandatory presence of all participants.
This condition also applies to registration at the place of residence. Since the law limits the duration of this procedure, the owners of residential properties are beginning to think about the possibility of carrying out the operation without the participation of all parties.

But is it possible to register a person without his presence? What conditions must be met? We will look at the answers to these questions in the article.

Why is this necessary?

There are 2 reasons why citizens want to obtain registration:

1. This is mandatory and punishable by law.
2. It has a lot of benefits and opens many doors.

Indeed, there are many situations in which having a certificate of your current residential address is an advantage. A large number of problems cannot be resolved without confirmation of registration.

Main benefits of registration:

1. Helps with registering children for kindergarten at their place of actual residence. Without submitting a certificate, this process will become much more complicated;
2. Delivering the child to school. In this case, the registration requirements are even stronger
   . The parent or guardian registering the child is required to provide his/her residential address.
3. Increases your chances of getting a good job. The fact is that most employers require the candidate to provide a certificate of residence
   . The absence of this document is the reason for refusal in many companies.

According to the law of the Russian Federation, companies do not have the right to refuse because of registration, however, as practice shows, they do not call back after the interview.

1. Obtaining a loan from banking organizations. In financial institutions, special attention is paid to registration, because when payments are stopped, banks want to know where the debtor lives
   . Therefore, if there is no proof of address, the application will not be considered.
2. Qualified medical care, and free of charge! All district and city clinics are required to serve a citizen registered in this area. This only applies to public hospitals
   . When visiting, you must take your certificate and passport with you.
3. Receiving benefits from the state and social assistance is carried out according to the address indicated on the registration.
4. If your passport is lost or stolen, it is possible to replace it by contacting the local migration center.
5. Some colleges, universities and institutes require a residence permit upon admission.

What it is

Registration has been one of the main documents for many years. It was introduced to register citizens of the country and track their movements.

This was the main document establishing the rights of a citizen at the address of residence. With her help, they got jobs and bought cars.

After the collapse of the Soviet Union, it was abolished in democratic Russia and was replaced by a new term - “registration”. They acquired a new concept because “registration” was associated with a totalitarian regime and reminded free people of the past.

According to the legislation of the Russian Federation, registration is a system for controlling population migration.

There are 2 types:

1. Registration at temporary residence address.
2. Permanent registration.

It is required. Failure to have the appropriate stamp on your passport is subject to a fine.