New laws and regulations force many people to decide on deregistration from an apartment without personal presence.
We have to face the problem of how to check out of housing while living in another city. This can be done in two ways, described below. Because of this procedure, you will not have to come to your hometown. The first method is chosen because it is more practical. It will be much faster to check out of the apartment. Difficulties often arise with the second option. Although, many people used a different method and carried out the procedure.
How to check out of an apartment in the first way
It’s not difficult to check out of an apartment in another city and register in a new one. The main thing is to adhere to certain rules. The presence of certain documents is also mandatory .
How to properly check out of an old apartment and register in a new one?
The first thing to do is visit the passport office located in the city where the person subsequently wishes to register. You must have with you:
- passport of a citizen of the Russian Federation;
- a document that confirms ownership of an apartment, a social tenancy agreement or a warrant.
If registration is carried out at the living space of relatives or friends, they will also have to come to the district office.
Due to registration in a municipal apartment, all tenants must be present. An application is filled out on site, the form of which can be downloaded on the Internet resource . A sample is also available at the passport office.
The application should indicate:
- registration authority;
- applicant details;
- the exact address of the place from which the applicant arrived;
- data of the person who wishes to register, family relationship;
- address of future registration;
- passport details and birth certificates of children under 14 years of age.
After this, the signature is placed by the applicant and the one who registers. He will be required to provide a written statement of consent to give the applicant registration in his apartment.
The owner or tenant of the property must provide:
- passport of a citizen of the Russian Federation;
- documents that will show that the owner has ownership rights to a share of the apartment;
- For registration in municipal housing, it is important to have consent for registration, which should be obtained from the Property Management Department.
After this, a document is drawn up indicating that the applicant wishes to deregister at his previous place of registration. The statement states:
- body of the previous place of registration;
- applicant details;
- information about the document of an adult and children;
- reason for withdrawal and registration address;
- please write out the old registration address with its indication;
- applicant's signature and date.
An employee of the institution will take the passport and issue a temporary document . It is valid for a month.
Important! If the passport office staff does not issue a temporary document, the applicant must ask for it himself. Because of this, disagreements often arise.
After this, the organization at another place of registration sends a request to the old place of registration so that the person is deregistered. This will take two months. The timing depends on the distance between cities. Holidays should also be taken into account. Because of this, the processing time may be delayed.
During this time, the person is discharged from the old apartment and registered in a new place. A letter will be sent to the applicant stating that the person has been deregistered. Then you can go to the passport office at your new place of residence, register and pick up your passport.
Important! If a person is refused to accept documents in order to check out remotely, but is forced to go on his own to deregister in his old apartment, he must contact his boss or request a written refusal.
Results
- The legislation of the Russian Federation provides for the possibility of being discharged to nowhere. This right belongs to the citizen himself, the homeowner and the court.
- Lack of registration limits a citizen's access to a number of opportunities.
- You can submit documents at the Main Department of Migration Department of the Ministry of Internal Affairs, at the MFC or on the State Services website.
- A minor can be discharged to nowhere only if there are grounds specified by law.
- The absence of both permanent and temporary registration is a violation of the norms of the Code of Administrative Offenses of the Russian Federation.
All issues discussed in the article are strictly regulated by current legislation.
The second way to check out of an apartment while in another city
You can de-register if a person does not register in a new place. To do this, you need to find a person who will act as a trustee . To do this, you will need to draw up a written power of attorney, which will subsequently be certified by a notary. You need to adhere to the following algorithm:
First, you should call the passport office where the resident is registered. There you need to find out whether they can write it out with the participation of a trusted person. When obtaining consent, you need to contact a notary . He has an application for deregistration, which is filled out on the spot, signed and certified.
It is recommended to issue a power of attorney when visiting a notary. You must indicate the validity period of the document. You must have a copy of the passport of the person who will act as a proxy with you. It can be received by email.
After this, the documents are sent by registered or certified mail:
- Russian Federation passport of the registered person;
- certified application for deregistration;
- a certified power of attorney indicating the validity period of the document.
After receiving the letter, the authorized representative can go to the passport office and register the resident.
It is important to remember that
you can get a negative answer , even if the person previously learned about the possibility of signing out through a proxy.
In addition, the person who is discharged sends his passport to another city, which means he will be without documents for some time. If in the first case a temporary document was given in the passport, then in this situation no one will issue it. It will not be possible to check out earlier than a month later. It will also take time to receive the letter. Delivery times may be delayed if shipping falls on holidays. Weekends also need to be taken into account. The distance between cities also matters.
Responsibility for lack of registration
Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation states that staying on the territory of the Russian Federation without officially registered registration is an administrative offense. Responsibility for failure to register is expressed in the form of a fine. The specific amount depends on the city in which the offender lives:
- 2-3 thousand rubles in small towns;
- 3-5 thousand rubles for large cities.
In addition to fines, the court may impose a number of restrictions, which were mentioned earlier.
How to check out of an apartment while living in another country
In this case, the process of deregistration will be more difficult. And it’s not a fact that it will be successful. You will have to check out without registration, which means you will also have to involve a trusted person .
When deregistering while living in another country, it is important to adhere to the following action plan:
First you should go to the Russian embassy in the country where the person lives. There is a notary there who will certify the power of attorney to conduct the business. You will need a passport of a citizen of the Russian Federation, a copy of the document of the person who will handle the extract. It can be easily sent via email.
The notary immediately fills out an application requesting deregistration. The form is with the notary. The document is signed and certified.
The following is sent to the authorized person:
- original power of attorney document certified by a notary;
- the original application for removal from the place of registration, which is also certified;
- the passport must remain with the owner;
- you should make a photocopy of the passport of a citizen of the Russian Federation;
- A visa, if available, is also sent.
It is better to send documents by valuable letter . It is worth using international mail.
After the documents are received, the authorized representative goes to the passport office where the applicant was registered. The principal must also provide his passport. If filled out correctly, the passport office employee will accept them.
It is important to remember that this option of deregistration is not always positive. Sometimes services refuse to carry out such a procedure. If everything went well, then after deregistration you must register, taking into account the rules of your place of residence. At the Russian Embassy I provide information on how to correctly carry out the registration process in a given country.
If a person is not registered anywhere: terms and fines
As mentioned above, for the lack of registration for citizens, administrative punishment is possible in the form of a fine from 2 to 5 thousand rubles. In cities of federal significance (Moscow and St. Petersburg) the fine is higher, in others it is lower.
The law provides for a certain period during which it is completely legal to live without registering at the place of residence.
It is equal to seven days from the moment of arrival at a new permanent place of residence or ninety days if it concerns a temporary stay (that is, the person did not check out, but simply moved to another city for a period longer than three months).
Is it possible to avoid liability for lack of permanent registration?
Yes, if a person without registration lives in premises owned by his close relative who is related to him through a generation or in a direct line (for example, brothers and sisters, grandchildren and grandparents, brothers and sisters). Foster/adopted children and parents, like blood relatives, are classified as close relatives.
A valid reason for missing the seven-day deadline can also be:
- business trip;
- disease;
- protracted paperwork for new housing, when, for example, processing the purchase of a new home took longer than you expected. In such cases, evidence of the absence of your guilt will be the purchase and sale agreement and a document confirming your rights to the purchased housing, issued on a certain day.
In other cases, a fine cannot be avoided.
How to register remotely in another city
After deregistration, a person wishes to register at a new address. How to get a residence permit in another city? Registration takes place at the regional passport office. For this you will need:
- fill out the application form;
- provide a passport;
- certificate of ownership of real estate,
- house register if registration takes place in a private house;
- statement with the consent of the property owner.
to discharge minor children without subsequent registration. First, you need to register the child at the old address and immediately register at the new place. The entire procedure follows the same procedure as for adults.
The deregistration procedure is not that complicated. The main thing is to adhere to a certain algorithm . The question of discharge often arises when a person cannot be present. The passport office may refuse in some cases. Checking out and registering for an apartment are serious transactions. Therefore, employees often refuse to do this without the presence of a person, being wary of scammers.
You can find out why temporary registration of a citizen in an apartment is dangerous for an apartment owner here
The legislative framework
Issues regarding change of registration and eviction from housing are regulated by the following regulations.
- Resolution No. 713 of July 17, 1995 is a key law that describes the conditions for the movement of citizens within the country.
- Law of the Russian Federation dated June 25, 1993 No. 5242-1 states that the lack of registration does not become a basis for restricting the legal rights of citizens.
- Article 20 of the Civil Code of the Russian Federation defines the concept of “place of residence”.
Any deregistration and registration actions must be carried out in compliance with the norms established by law.
Advantages and disadvantages
The advantages of remote discharge are:
- visits to the Department of Internal Affairs of the Ministry of Internal Affairs are either not required at all or are reduced to a minimum;
- significant time savings when preparing an extract;
- low probability of error when filling out the application;
- no additional money required.
And now about the cons:
- the service is not provided in all regions;
- when registering remotely through the MFC, you can lose a lot of time;
- the need to provide the original passport for deregistration through the MFC.
Comments
Taisya
Good afternoon The daughter works in Moscow, permanent residence in St. Petersburg. The apartment in St. Petersburg is for sale, you need to leave there and register in Voronezh, where your daughter has a 1/4 share of ownership in the apartment. What should you do to avoid traveling to St. Petersburg and Voronezh? There is no way to take time off from work. What documents, besides a passport and power of attorney, should be sent to a trusted person, for example, a father? Which power of attorney is best to issue? Is registration in St. Petersburg automatically cancelled?
Answer