Registration of temporary registration of a minor child

With the adoption of the new Constitution in Russia in 1993, the term “propiska” formally ceased to exist, since it does not correspond to the principle of the right to freedom of movement (Article 27). However, in accordance with the norms of Federal Law No. 5242-1 (Article 3), every person located in the country is obliged to notify the state of his location. Notification occurs through the registration procedure. As a result, registration as a legal phenomenon still exists, but under a different name.

Temporary registration of children: objectives and regulations

In the Russian Federation, all people must be registered where they live or stay. The first option is called permanent registration, and the second is temporary. There are no exceptions to these rules. All people, including newborn babies and insane citizens, must undergo state registration with the authorities that control the migration process.

Sample application for temporary registration of a child

Parents or guardians are responsible for registering minor family members.

The obligation to register the stay of children is determined by the following laws:

1. On the right to freedom of movement (Federal Law No. 5242-1). This law applies only to Russian citizens. Its standards are unified, that is, they apply to all persons. The rights of minors are not considered separately;
2. Code of Administrative Offences. Article 19.15.1 provides for the responsibility of homeowners for the fact that someone lives in a given living space without registration;
3. On the registration of foreigners and people without citizenship (Federal Law No. 109). Article 20 of the law is devoted to the registration of non-Russian citizens at their temporary location. Foreigners must declare their location at the place of residence on the basis of documents confirming ownership of real estate. In addition, the basis is the written consent of the owners of the living space. They are required to do this within the same time frame as Russian citizens, that is, within seven days. The law does not provide for exceptions for children.

A minor living in a country without registration is outside the attention of the state.

This means that such a child cannot:

• Receive benefits;
• Have a medical insurance policy;
• Go to kindergarten and school;
• Get a passport.

These are just some examples of restrictions that are unwittingly imposed on a little person and his parents. In fact, if children are not registered temporarily (and it is better to register permanently), then there will be many problems.

Registration using the MFC and the State Services portal

Many citizens use the opportunities provided by multifunctional centers and the online portal of State Services. With their help, it is much easier to obtain a certificate of registration of a child at the place of residence. The algorithm of actions for registration using the MFC will be similar.

The State Services portal allows you to register a minor with minimal time investment. This is due to the fact that the application in the prescribed form is submitted electronically, and the Main Directorate for Migration Affairs invites the citizen to submit it at a specific time. Due to such features, it is possible to avoid long waits in queues, which is the main problem in these institutions.

The registration procedure through State Services is as follows:

1. The citizen registers on the portal and logs in using his username and password.
2. Opens the “Electronic Services” category, where in the “GUVM Ministry of Internal Affairs” section you should select the service of registration at the place of residence.
3. Clicks the “Get service” button and fills in all the fields related to information about the applicant and his child in the pop-up window.
4. Waiting for an invitation to the GUVM in electronic form for a specific date and time.
5. Visits the GUVM department, taking with him the documents necessary to complete the procedure.

How to register a child at the place of residence through State Services - more details in the video

A week after submitting the application and providing the relevant documents, the child will be registered at the place of residence.

What you need to have to register temporarily

If the parents live apart, then the children are registered at the place of residence of only the mother or father. Children can be registered without the consent of the property owner and everyone who lives in this living space. Violation of sanitary standards in this case is not a valid reason for refusing registration.

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Registration of children has procedural differences depending on the situation. From this point of view, we can talk about only two options:

1. Registration of children who already had registration;
2. Babies discharged from the hospital

A newly born person does not have identification documents, so he can be registered after the birth certificate is issued.

In order to temporarily register a child discharged from the maternity hospital, based on a certificate from a medical institution, you must first issue a document identifying the person’s identity and citizenship.

After this, the following are submitted to the relevant authorities:

• Application (form No. 6);
• Parents' passports (usually one is enough);
• Birth certificate;
• Marriage or divorce certificates;
• Certificate of absence of other registration.

The last two documents in the list are provided depending on the situation. Certificates of divorce or marriage are needed so that migration service workers can track the registration of a minor at the address of the other parent. If there is information only about the mother or father, then these documents are not provided.

The law does not define special deadlines for submitting documents for registration of newborn children, therefore standard time is allotted for this procedure, that is, 7 days. However, such a deadline often turns out to be unrealistic, since parents are busy with many urgent and necessary matters. For this reason, it is common practice to register children 30 days in advance. It is during this period that the certificate from the maternity hospital is valid.

If children go through the registration procedure not for the first time, then the package of documents may contain a so-called departure sheet or form No. 7. A document confirming the ownership of the housing by a person or organization is also required.

Departure sheet or form No. 7

Rules for registering a father, mother or other legal representative in the apartment

Registration rules are established by Government Decree No. 713 dated July 17, 1995 and Order No. 984 of the Ministry of Internal Affairs of Russia dated December 31, 2017.

Primary

Since the exact period for the initial registration of a minor is not regulated, it is recommended to adhere to the established seven-day period (clause 16 of PP No. 713).

It is important to take into account practical nuances that are not enshrined in law, but are used:

1. Parents are not married or have different registered addresses. In the case when the child is registered with the father, the personal presence and written consent of the mother will be required, and in her absence, notarization of the consent. If the child is registered at the mother’s place of residence, the consent and presence of the father is not required, only a certificate stating that the child is not registered with him.
2. Having a large debt on utility bills. Registration authorities often refuse to register a child in a house or apartment that has many unpaid bills.
   If both parents are registered in such a living space, the employee’s decision is not correct, because The state strives to prevent minors from not being registered. The refusal must be appealed. In critical situations, the court may decide to register the child at the place of residence of the grandmother, grandfather or other relative, but with a simultaneous change of registration of one of the parents (read about whether it is possible to register the father or mother at the place of registration of the child and how to register here).

Change

Changing registration is much more complicated than the initial procedure (read here what is the procedure for registering a newborn child). The difficulty in registering a change of registration lies in the need to register from the previous place of residence, since if during initial registration it is possible to register a child even in rented housing, then re-registration to a place of residence that is not the property of the father or mother may be refused, especially if is about children under 14 years of age.

An important point is the permission of the guardianship and trusteeship authority to discharge the child if the discharge is made to nowhere. Before proceeding with this procedure, parents must purchase home ownership, which, in turn, must have the following requirements:

• the living space should not be worse than the one in which the minor previously lived;
• it has been renovated;
• All communications are provided (electricity, hot and cold water, gas).

Only after being convinced that the new place of residence is suitable for the child, the guardianship authorities issue permission to change the registration. After permission is received, you must contact the Main Department of Migration Affairs of the Ministry of Internal Affairs or another authority. Simultaneously with the discharge, it is necessary to re-register the parents and child at the new place of residence.

Differences before and after 14 years

Where to contact

Documents for temporary registration of a child can be submitted to:

• FMS;
• MFC of a given administrative-territorial unit;
• Passport office of the management company or organization that owns the property.

The application can also be submitted online using the State Services portal. Since original documents are required for registration, only an application is completed on the Internet, and everything else is submitted at the appointed time to the territorial body of the Federal Migration Service or to the MFC.

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Children under 14 years old are included in their parents' documents. People over this age have a passport, so they fill out the application themselves.

Features of filling out forms

When the baby is just born, he has no real legal registration. If the mother or father (the parent with whom he will be registered) has a temporary registration, the newborn will receive the same registration. It is imperative to take into account the fact that registration on the territory of a living space does not give a citizen the right to claim ownership of it.

According to Article 65 of the Family Code, if a child is not yet 14 years old, that is, he is incompetent due to his young age, he must be registered with his mother, father, or, in their absence, with guardians.

Form No. 6 must be filled out in a certain way: for this, only a ballpoint pen with blue ink is used; blots and corrections are strictly prohibited. If there are any, this application will have to be drawn up again. Everything should be written as legibly as possible so that the information can be easily read.

How long to wait and how much to pay

If a person brings all the documents to the passport office or to the territorial division of the FMS, then registration takes no more than three days. If, for example, there is no certificate of ownership or use of residential real estate, then decision-making authorities will have to spend time verifying ownership. This usually takes another 3 days.

If parents already have registration, then formally their children should be registered free of charge. Problems arise when parents want to register their children at a different address. This is usually necessary in order to assign children to the right kindergarten or good school. In this case, the services of intermediaries and homeowners who consent to registration are paid.

Where to start preparing?

The first step is to obtain a Birth Certificate from the Civil Registry Office.
It is a legal confirmation of the birth of a new person.

Without it, it will not be possible to issue any other document.

After passing this stage, you can begin preparing other documents necessary for registering a newborn child in an apartment . No special or special preparation is required.

Sample application for registration of a newborn child.

What is temporary registration?

For children, temporary registration exists in two options. She may be:

1. The only one;
2. Additional.

The last option is represented by a situation where children have a place of permanent residence, but temporarily they are forced to stay at other addresses for a long time.

This could be a stay in:

• Medical institutions;
• In localities where their parents temporarily work;
• Boarding schools;
• Places for displaced persons.

Registration, issued for a limited period, may be the only way to register children. This is typical for foreigners and stateless people.

Without parents

A minor is forced to stay away from his parents and his permanent place of residence for a long time while in a boarding school or medical institution. In such a situation, the management of the institution is responsible for registering a minor.

To get into the right school

Recently, the practice of temporary registration of children with permanent residence in a given locality has become widespread. Parents choose the right area for their children to go to the right school. This action is not entirely legal.

In order to combat the artificial overload of schools, the Federal Migration Service carries out inspections and transfers children to schools at their place of permanent registration. Sometimes parents are fined because their actions are classified as organizing a fictitious registration.

For children who do not have a permanent residence permit, this is the only way to receive a public education. In this case, they go to school at their place of residence legally.

Without the consent of property owners

If, for example, an adult rented housing and received temporary registration there, then he can bring an unlimited number of his children and register them at the place of stay. However, the children of such a person will live with him legally only until the end of his registration period.

With a mortgage

A person who has entered into an agreement with the bank may be registered in an apartment purchased with a mortgage. Formally, the person who bought an apartment with a mortgage is not the owner of the property. However, within the framework of the concluded agreement, he can decide who exactly to register in his apartment.

The only restriction is the transfer of housing into the ownership of the bank due to non-payment of the loan debt. In this case, any registration at this address is canceled.

Compilation options

The FMS website provides several sample application forms; you should choose the appropriate one in accordance with the specifics of such a procedure. In this regard, one should take into account a number of secondary life circumstances that will one way or another influence the very fact of registration. If you lose sight of these points, certain difficulties may arise with the registration process, which will require a lot of time to resolve.

As an example: if the baby will be registered at the place of residence of the father or mother, then the paper is drawn up by the one who is registered in the house or apartment, and the owner’s passport data must also be included.
An application for the official registration of a child in a certain living space from a father or mother must include a number of basic information.

• The series and number of the passport of the citizen who compiles it.
• The exact address where the baby is planned to be registered.
• Is the person making the application, as well as the owner of the property, a relative of the child, if so, then the degree of relationship is indicated.
• Owner's title papers.
• Date and signature.
• In addition, the application is signed by the owner of the premises, regardless of whether he is a relative of the child or rents out the living space.

In order to spend as little time as possible on the registration procedure, you will have to find out in advance exactly what papers should be collected to solve this problem and where they will have to be submitted. According to the law, a child cannot be registered even in the apartment next to his mother or father - only together with them, this rule applies until the child reaches the age of 14. In this case, the second parent must give his written consent to carry out this operation.
Otherwise, migration service employees will not accept documents. They will refuse this until an application from the second parent is received. In this regard, it will be much easier for single mothers - if they have already registered this status, that is, in the child’s main document there is a dash in the “father” column, then they will not have to receive such paper, especially since this is often associated with certain difficulties.

If the child is not yet 14 years old, then all questions regarding registration will be dealt with by his parents, then the mother, father or guardians of the child will not have questions from state and regulatory authorities. When a citizen between the ages of 14 and 18 plans to register for housing, he has the right to draw up, sign and submit the appropriate documentation.

Sanctions for failure to register children

As follows from the provisions of Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation, responsibility for living without registration lies equally with the tenant and the owner. The consequences for both parties come in the form of a fine.

Its dimensions are for:

• Non-owners - 2000-3000 rubles;
• Owners – individuals – 2000-5000 rubles;
• Legal entities - 250,000-750,000 rubles.

Only people registered in the same locality, but in a different area, are exempt from punishment. Property owners are not held accountable if they have children, spouses, parents, grandchildren, or grandparents living without registration.

Do I need to register a newborn?

A newborn cannot take an active part in his own life.
He can't take care of himself either. Therefore, parents have a completely logical question: is registration of registration so important for a newborn? Is it worth documenting the baby’s place of residence immediately after discharge from the hospital? The law on this topic is clear: it is necessary. In practice, there is no need to rush, which is what many parents do. They wait until the baby grows a little and his mother gets stronger. Still, do not delay the issue of registering the heir and find out what is needed to register the newborn - in the interests of the happy parents of the baby themselves. If you doubt that there will be time to resolve all the bureaucratic issues, look at why you need to register your baby as quickly as possible:

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1. Thanks to registration, the norms of the legislation of the Russian Federation are observed. If a child is not registered, this is a direct violation of the law, and is punished accordingly. So parents register the child at their place of residence. And if a couple lives separately, then only one of the parents applies for registration at their address.
2. Without registration, it is impossible to obtain citizenship for a child. The baby will not be a full-fledged citizen of the Russian Federation, which means he will not receive many services that are an integral part of the life of ordinary children.
3. Without registration, a child will not be accepted into any kindergarten or school (if the parents are too late in completing the necessary documentation). In addition, registration is required to obtain a medical insurance policy. Medical care is perhaps the most important reason to find out how a newborn baby is registered. It's no secret that children often get sick, which means that the opportunity to receive quality treatment will not hurt.
4. If parents like to travel, then they will not be able to take the child with them, because without registration it is impossible to issue a foreign passport for the child.

In general, you need to decide on the baby’s place of residence as quickly as possible, otherwise both the parents and the child themselves lose many opportunities. However, the legislation does not specify the exact deadlines for the mandatory registration of the baby. Of course, this does not negate the fact that it must be registered as quickly as possible.

In addition, young parents without an officially registered child will not be issued maternity capital. Registration of various material benefits and assistance to young families will also be very difficult. And the owners of housing where an unregistered citizen lives (even if he wears diapers and cannot speak) will have to pay a fine, since they allowed the unregistered citizen to live in their living space. The fact is that sometimes they don’t want to register a baby for the sake of small savings on utility bills, but this only matters if the house does not have a meter.

In general, it is better not to delay, but to wait until the child is issued a birth certificate. It is completed by the registry office within a month after the birth of the child. This is approximately the time it takes to start registering. Without a birth certificate, nothing will work anyway. So you will have to tinker with getting the first documents.

Rights and obligations of the registered and owner

The owner of the property is responsible for everything that happens in it, so he can allow or prohibit anyone from being assigned to his space. The exception is children who are registered regardless of the wishes of the owner or responsible tenant.

However, having allowed a person to register in the living space, the owner cannot arbitrarily discharge the tenant. If the registration is temporary, you will have to wait until it expires. A person can be deregistered ahead of schedule only through the court if the tenant violates the rules of residence.

A person who does not own real estate, but is registered in it, is obliged to comply with all rules of residence. Temporary registration in terms of rights and obligations is no different from permanent registration.

Responsibility for fictitious registration

A fictitious registration may look like a real one. However, the fictitious nature is that the person does not live at the specified address. Three parties are responsible for this act - the fictitious tenant, the owner of the property, and the FMS employee.

This offense is considered a criminal offense. Article 322.2 of the Criminal Code of the Russian Federation provides for punishment in the form of:

• A fine in the amount of 100,000 to 150,000 rubles;
• Forced labor for up to 3 years;
• Imprisonment for up to 3 years;
• Prohibition on a type of activity (up to 3 years).

The seriousness of sanctions is related to the importance of the institution of registering people. Children must be registered so that the state can control their movement and protect the rights of minors in the country. So having a residence permit is not only necessary, but also beneficial.

How is consent for registration given?

There is no specialized form for obtaining the consent of the father, mother or owner of the property in the laws in force today. However, a number of requirements are still present. The header of the application for registration contains information from the registration authority where it is planned to submit the entire package of required papers, regardless of whether this is an initial registration or its renewal, permanent registration or temporary registration. In addition, all key data relating to the person who compiled this paper is indicated here.

In the body of the application, the owner must indicate that he does not object to all registration procedures. If the registration is temporary, then the period during which the citizen will be registered in this living space is given. At the bottom, the applicant must sign this document and indicate the date of its preparation. Despite the fact that there are no exact deadlines for registering a child, this should be done as quickly as possible, otherwise it may cause certain difficulties in the future, which will primarily affect the parents or guardians of the minor citizen.

How long does it take to process

In general, a permissible period of 3 months is allotted for the preparation of relevant documents. If registration is not completed during this time, then when submitting an application later, you may need an explanatory note indicating the reason for the delay.

During the registration period, which lasts up to several days, the parents’ passports are kept in the Main Migration Department of the Ministry of Internal Affairs. It is better to clarify the exact time frame when submitting your application.

The following video is about the timing of registration of newborns.

Features and nuances

• To register a newborn, the area, type of housing and type of ownership do not matter. You cannot register a baby in non-residential premises.
• According to the provisions of the Family Code, a newborn can be registered where one of his parents was registered, even if there is no permission from the owners of the housing property. This also applies to municipal housing, where they live under a rental agreement.
• A newborn can only be registered at the place of registration of the parents or official guardians; a baby cannot be registered with other relatives.

The following video will help you understand the nuances of registering a child. We recommend watching it.

• If the parents are not married, then the baby’s father can be registered only if he has confirmed paternity by contacting the registry office.
• When parents divorce, the decision to register a child must be mutual. If the father and mother could not reach a compromise on this issue, it will not be possible to register the newborn before a court decision is made.

When a child is born, it is better to prepare in advance and think through all aspects of the registration procedure for him. A timely registration will not only make life easier for the baby and parents in the future, but will also protect you from administrative sanctions and unwanted problems.

To avoid refusal to register a newborn, it is better to check the correctness and completeness of the package of papers.

In addition, it would be illegal to require the submission of

owner's consent

residential premises or the landlord, if the premises are municipal.

This consent is not required if a minor is registered. The main rule is that at least one of the child’s parents must be registered in this place.

Thus, your child definitely needs to get registered. You should not delay this process, as this is not only punishable by a fine, but also creates a lot of inconvenience. This procedure does not take much time and does not require special preparation.