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
A foreigner without registration in an apartment: consequences for the guest and the apartment owner
If a foreign citizen who rents an apartment does not have registration there or it has expired, there is a high risk of receiving an administrative fine in the amount of 2,000 to 5,000 rubles for violating the regime of stay in the Russian Federation.
This can be revealed either when checking the documents of a foreign citizen on the street or, for example, if a local police officer or a migration service officer comes to the apartment. Moreover, if this is not the first administrative offense, the foreign citizen’s patent will be revoked, and the foreign citizen himself will be subject to deportation with a subsequent ban on entry into the Russian Federation.
As for the owners of apartments that are rented by foreign citizens, they are required to register foreigners in the apartment in which they live. According to the Code of Administrative Offenses of the Russian Federation, in case of evasion of registration of foreigners for migration registration in an apartment, the owners are liable in the form of a fine in the amount of 2,000 to 4,000 rubles.
Foreigners who are not registered in an apartment can also be easily identified during an inspection based on a complaint from neighbors, during a police inspection, and other circumstances.
Important!
Temporary registration of a foreigner in an apartment is a mandatory procedure, both for the owner of the property, who is the receiving party and is obliged to notify the Ministry of Internal Affairs about the arrival of a foreign citizen at the place of residence (apartment), and for the foreign citizen, who must always have a valid registration in his hands in the apartment in which he actually lives.
Migration registration of foreign citizens in the Russian Federation or temporary registration of foreigners, as many call it, is a mandatory procedure for every foreign citizen staying in the territory of Russia, regardless of whether he arrived with a visa or a visa-free procedure.
That is, every foreigner who enters Russia must register with the migration service (FMS/GUVM MIA) for legal stay on the territory of the Russian Federation.
Migration registration itself is a procedure for notifying the migration service (GUVM MIA/FMS) about the arrival of a foreigner on Russian territory.
Thus, the basis for registering a foreigner at the place of stay is the receipt by the Main Directorate of Migration Affairs of the Ministry of Internal Affairs of the Ministry of Internal Affairs of notification of the arrival of a foreign citizen or stateless person at the place of stay. Confirmation of the migrant's registration for migration is the tear-off part of the Notification form with a mark indicating acceptance of the notification.
Basically, all foreigners must be registered with migration authorities at their place of stay no later than 7 days after arrival, but there are exceptions for citizens of countries from the EAEU and citizens of Tajikistan. Migration registration for citizens of Belarus, Armenia, Kazakhstan and Kyrgyzstan is given 30 days, for citizens of Tajikistan - 15 days.
Primary migration registration of foreign citizens (initial registration) is done for a period of stay of up to 90 days, regardless of the citizenship of the foreigner. This gives a foreigner the right to stay in Russia for up to 90 days. That is, having registered for migration, a foreign citizen can stay in Russia without leaving for more than 3 months from the date of entry into the Russian Federation.
After the expiration of 90 days, a foreign citizen is obliged to either leave the Russian Federation for 3 months or renew registration. At the same time, renewal of registration of foreign citizens is possible only if there are grounds. Citizens of Belarus, Armenia, Kazakhstan and Kyrgyzstan (EAEU countries) can apply for initial registration under an employment contract for a period of up to 1 year. That is, if they have a valid employment contract, then the permitted period of stay is extended for the duration of the contract, but not more than 12 months.
When registering a foreign citizen and registering him at his place of stay, the receiving party may be:
citizens of the Russian Federation who are registered at their place of residence in the country, or who own residential premises at the address of which the migration registration of a foreigner is issued;
foreign citizens who have received a residence permit in the Russian Federation and who have registration at their place of residence in the Russian Federation;
a foreigner who has his own living quarters in the Russian Federation can apply for migration registration for himself. At the same time, he cannot register another foreigner, as well as members of his family, on the migration register;
A foreigner with HQS status who has his own residential premises in the Russian Federation can also apply for migration registration for himself. At the same time, he can also register his family members with migration registration;
government body of the Russian Federation or local government;
an international organization or its representative office, a representative office of another country can also be the receiving party if they provide residential or other premises for actual residence to a foreign citizen.
It is also possible to register for migration as a legal entity. A Russian company, or its branch or representative office, can act as a host if a foreign citizen actually resides at the address of the legal entity or in premises rented by the legal entity.
After the foreign citizen arrives at the place of stay, the receiving party must fill out an approved form for notification of the arrival of a foreigner based on data from his documents (migration card, passport, visa) and send a notification to the territorial body of the Ministry of Internal Affairs of the Ministry of Internal Affairs to register the foreigner with migration registration.
The official name of the temporary registration form for foreign citizens is the Form “Notification of the arrival of a foreign citizen or stateless person at the place of stay” (06/02/2020, Order of the Ministry of Internal Affairs No. 180 dated 03/24/2020 was registered with the Ministry of Justice, according to which the form of the form was changed).
The form must be filled out in Russian, and there should be no corrections, abbreviations, abbreviations of words, or missing fields, since due to such errors the form will not be accepted and it will not be possible to register the foreigner.
If there are several foreigners, then the receiving party fills out the notification form for each foreigner separately.
The person who submits notification of the arrival of a foreigner must present an identification document, as well as attach a copy of the foreign citizen’s identity document and a copy of his migration card.
The employee who accepted the notification for registration of a foreign citizen from the receiving party, after checking that the notification form has been filled out correctly and the necessary documents are available, puts a mark on the form indicating acceptance of the notification.
The detachable part with a mark on acceptance of the notification of the arrival of a foreign citizen is returned to the receiving party. After this, the receiving party gives the foreigner this tear-off part of the notification of arrival form with a stamp.
In order to submit notifications of the arrival of a foreign citizen, the receiving party can contact several institutions:
to the territorial authority for migration issues (GUVM MIA) at the place of registration;
to a multifunctional center (MFC) or a center for the provision of public services;
or apply for migration registration via mail.
Step-by-step instructions for registering foreign citizens in the Russian Federation
A foreign citizen enters the territory of Russia and receives a migration card.
The receiving party fills out a notification form about the arrival of a foreign citizen at the place of stay and submits it to the Department of Internal Affairs of the Ministry of Internal Affairs in person, through the post office or through the MFC.
The Department of Foreign Affairs checks and accepts the notification of the foreigner’s arrival and enters the provided information into the database, after which it puts a mark on acceptance of the notification on the tear-off part of the form and returns it to the receiving party.
The receiving party gives the received detachable part of the notification form with a mark from the Department of Internal Affairs of the Ministry of Internal Affairs about the receipt of the notification to the foreign citizen.
Now a foreign citizen can stay in Russia for up to 90 days from the moment of entry into the country.
After 90 days, a foreign citizen must either renew registration for existing reasons, or leave the Russian Federation for 3 months.
There is no need to send a notice of departure of a foreign citizen, since this information is automatically entered into the database of the Ministry of Internal Affairs of the Ministry of Internal Affairs when a foreigner leaves Russia.
Important! On March 20, 2021, changes to the rules for registering for migration came into force, according to which the following documents must be attached to the notification form:
copies of all pages of the foreigner’s identity document that contain information about him;
a copy of the migration card (except in cases where the foreigner is exempt from the obligation to fill it out);
a copy of a document confirming the right to use residential or other premises provided for actual residence to a foreign citizen.
If a notification of the arrival of a foreign citizen is submitted in relation to an employee who is a citizen of a member state of the EAEU and members of his family, it is additionally required to submit:
a copy of the employment or civil law contract between a foreigner and an employer (customer) in the territory of the Russian Federation;
copies of documents confirming family relationships (for family members).
If the receiving party is a legal entity, then for temporary registration of foreign citizens the following documents will be needed:
a copy of the certificate of state registration of a legal entity;
copy of TIN;
a copy of the notification from the territorial body of the Federal State Statistics Service;
a copy of the certificate of entry into the Unified State Register of Legal Entities;
a copy of the order on the appointment of a manager;
copy of the manager's passport;
a copy of the employment contract with a foreign citizen;
information about the organization (address, telephone);
a copy of the lease agreement or a copy of the certificate of ownership of the occupied premises;
original extract from the Unified State Register of Legal Entities (made no earlier than two months ago).
To register foreign citizens as an employer, the obligatory conditions are the registration of a legal entity with the Department of Internal Affairs of the Ministry of Internal Affairs (FMS) and obtaining accreditation as an employer of migrants.
If the company is not registered with the Administration of the Ministry of Internal Affairs as an employer who employs foreign citizens, it does not have the right to attract foreigners to work, and of course, in this case, registering the employee with migration registration is impossible.
Important! Violation of the deadlines for migration registration entails deportation from the Russian Federation with a possible ban on entry, as well as a fine in the amount of 2,000 to 7,000 rubles.
REMINDER
If you have information about any crime committed or being prepared, including in the field of migration, please call 02.
Single emergency help channel - 102/112 (for any mobile operators).
“Helpline” of the Main Directorate of the Ministry of Internal Affairs of Russia for the Stavropol Territory: 24 hours a day, or 8-800-100-26-26 (free call).
We remind you that the “hotline” of the Main Directorate of the Ministry of Internal Affairs of Russia for the Stavropol Territory is part of the “hotline of the Ministry of Internal Affairs of Russia” and is intended to receive and record messages from citizens about crimes and other offenses committed or being committed by employees of internal affairs bodies.
Telephone number of the operational investigative unit of the internal security of the Main Directorate of the Ministry of Internal Affairs of Russia for the Stavropol Territory; (8652) 30-52-08.
Telephone number of the Department for Migration Issues of the Main Directorate of the Ministry of Internal Affairs of Russia for the Stavropol Territory.
Why there is no point in being afraid of registering a foreigner in your own apartment
To summarize the above, it is worth noting that homeowners are in vain afraid of registering foreign citizens in apartments, fearing further difficulties with their “check-out” and increased utility bills, since this does not apply to temporarily staying foreign citizens.
Therefore, if a foreigner asks the landlord to register him in a rented apartment for the period of his stay, this must be done without any fear, since there are simply no undesirable consequences for the owner of the apartment, since he is reliably protected by law - Federal Law No. 257, which we wrote about earlier in this article. If problems arise with a foreign guest, the landlord will be able to remove the foreigner from the migration register at any time by submitting a notice of the foreign citizen’s departure to government agencies.
We also remind you that temporary registration of foreign citizens with the owners does not entail an increase in utility bills for the apartment or additional expenses.
Below you will find detailed instructions on how to temporarily register a foreign citizen in a rented apartment.
How is the residence of a migrant in Russia regulated?
When studying the issue, a migrant can refer to the following legislative acts:
- The Constitution of the Russian Federation, reflecting the norms of behavior and residence in the country not only for Russians, but also for visiting citizens.
- Government Decree No. 9 of January 15, 2007, which sets out the basic registration rules for migrants.
- Federal Law No. 109 of July 18, 2006, covering in more detail the migration registration of foreigners. Article 16 of the law is devoted to the peculiarities of registering visitors.
- Regulation No. 364, in force in the Federal Migration Service. Established by order of the Federal Migration Service on August 29, 2013. It was created for service employees who are involved in registering citizens, but will also be useful for migrants in studying the features of registration.
There are also numerous international treaties, according to which the legal periods of stay of foreigners in Russia are established. They establish the features of entry: visa or visa-free, and also reflect the rights and responsibilities of migrants.
Sample of filling out the form for registration of a foreign citizen in an apartment of an individual
A completed form for notification of migration registration from an individual. the face looks like this:
You can fill out the form for notification of registration of a foreign citizen in an apartment using this link. Download a blank form for notification of registration of a foreigner in an individual’s apartment. faces you can follow this link.
If you still have questions about registering foreign citizens in your apartment or have problems with documents, just contact a migration lawyer by calling or asking a question through the feedback form on our website.
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Grounds for permanent registration
The legislation establishes the grounds upon which a citizen has the right to apply to the FMS to obtain permanent registration:
- marriage with a citizen of the Russian Federation and the birth of a common child;
- long-term work (more than 3 years) under a contract in the country with contract extension;
- purchase of real estate ownership.
A foreigner who arrived on the territory of the Russian Federation with a visa (when migrating from a country with which visa entry has been maintained) applies for a temporary residence permit. If at least one of the conditions for permanent registration is met, the citizen is obliged to notify the FMS of his intentions until the visa expires (usually 90 or 180 days).
If visa-free entry occurred, the citizen must notify the FMS authorities of his intentions to register for registration at his place of residence within seven days.
Note! Registration of official registration is not recognized as a basis for extending the period of stay in the country. If a migrant crosses the border on a visa, he has the right to obtain registration only for the duration of the visa.
Where can I get a temporary residence permit?
The main problem when registering under a temporary residence permit is providing grounds for registration in a particular premises. Before submitting an application, the foreigner must provide documentation containing information about the subject's right to reside in the home.
In a personal apartment
Registration in your own apartment is carried out on the basis of a Certificate of Real Estate and the grounds for its acquisition (sale and purchase agreement, donation, exchange), so it is necessary to prepare these documents.
In a relative's apartment
A more difficult option is registration in an apartment belonging to another person or relative . It can be issued only in the presence of the owner and on the basis of documents confirming the relationship, if this is a relative of a foreigner.
The consent and presence of other persons registered in the residential premises belonging to a migrant’s relative is not required.
In a rented apartment
in rented housing on the basis of a contract. If the lease agreement is drawn up with the participation of a notary, the presence of the owner and an application from him will not be required. The contract in simple form in this case has no legal force.
In public housing
The most difficult option is registration in a municipal apartment . The owner of such housing is the local government, so consent to registration must be obtained from them. The administration of a municipal settlement has the right to refuse registration of a citizen if, after moving in, the number of square meters per resident is less than the norm established in the region. The authorities must give their consent in writing. The document must be attached to the rest of the required package. During the registration procedure for municipal housing, the presence of the tenant of the premises is required.
What documents are needed
Standard list
For registration you must provide:
- Foreigner's passport;
- Package of documents for real estate;
- The standard application for registration has a detachable part that must be kept by the foreigner. This paper is confirmation that the person is registered with the migration authorities.
It is important to note the fact that the part of the form that is subsequently torn off is given to the user on the day he submits the application.
The following video explains how to correctly fill out documents when applying for temporary registration for a foreigner in the Russian Federation:
Statement
This regulatory act must be written by the Federal Migration Service. There is a certain procedure for registering a foreigner, which should be taken into account when considering this issue.
- To begin with, it is worth using the services of the territorial body of the Federal Migration Service within a week;
- Then the foreigner provides the necessary documents to the relevant authority;
- The final stage is obtaining a document, which is the foreigner’s registration in Russia.
Below you will find an application form for registration of a foreign citizen. You can also use it.
Sample application for registration of a foreign citizen
Sample application for registration of a foreign citizen - 1
Sample application for registration of a foreign citizen - 2
Sample application for registration of a foreign citizen - 3
What you need to know about registration of foreigners
A foreigner can permanently stay in Russia for no more than 90 days. This applies to countries for which a visa-free regime is open. For example, Ukraine, Belarus, Uzbekistan, Tajikistan, Moldova and so on. Since 2014, a visa-free regime has been established with Mexico and Mongolia. As for foreigners who receive a visa, the duration of their stay is equal to the validity of the visa. For the duration of stay, a foreigner can be registered on Russian square meters.
To avoid problems with the migration service, you need to draw up a rental agreement for residential premises in which the foreign citizen will stay. It is clear that if this is your relative or friend, then you will not rent out housing to him or take money for it. According to the new rules, the period of 90 days is set for a period of 6 months. It’s simpler - if earlier it was possible to fictitiously leave for your homeland, and then fictitiously return and register for another 3 months, then since 2014 you have to leave, stay in your homeland for at least 3 months, and then only return. Let us clarify that the period of temporary stay increases if a foreigner studies or works legally in Russia. Incentives are also provided for those undergoing treatment on our territory. According to the Federal Migration Service, as of January 2014, more than 3.5 million foreigners live illegally in the Russian Federation.
How to renew a registration that is ending or has expired
Do not confuse the concepts of extending the period of stay in the country, extending migration registration and extending registration at the place of residence or stay. The temporary residence permit itself is not subject to renewal and will expire 3 years after its issuance .
Registration at the place of residence does not require renewal, since it is permanent in itself. The law does not provide for the concept of “extension of registration at the place of stay.” This means that upon expiration, the temporary registration will be automatically terminated.
If a migrant receives a residence permit, he must also re-register at his place of stay or residence. Despite the fact that the temporary residence permit will contain a mark indicating registration at the place of residence, you will have to visit the Main Directorate for Migration and Migration to get a stamp on the residence permit .
If registration at the place of stay ends earlier than this period, you will have to submit a full package of documents again , including the consent of all owners on the living side to provide premises for residence.
Rights and obligations of a temporary resident in the Russian Federation
115-FZ “On the legal status of foreign citizens” states:
- Within 7 days, he is obliged to register with the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation;
- If it is impossible to register within the period established by law, it is necessary to register for migration;
- A temporarily residing citizen cannot independently and at his own request change his place of residence outside the subject in which he received a certificate for a temporary residence permit;
- A citizen does not have the right to get a job or conduct business outside the entity in which the permit was obtained;
- Provide a certificate of tax registration without fail within a month to the department of the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation in Moscow;
- A temporary resident is obliged, after 2 months after the end of the year of residence, to provide the MFC with a certificate of income for the current year and confirm his residence in the country.
Features of the procedure
Citizens of different countries who arrive in Russia must take into account the peculiarities of this procedure for themselves.
- If a foreigner is a citizen of a country with a visa to Russia, then he has the right to apply for registration in accordance with the validity of his visa.
- For visa-free countries, the rules change somewhat. Here you definitely need to register in advance. Thus, he can live for three months in Russia and extend his visa if necessary.
- As for Ukrainian citizens, the most important document for their stay in Russia is their passport. At this stage, it is possible to extend the period of stay of Ukrainians in Russia without providing any additional package of documents. So, in order to extend your stay, you need to contact the migration authority and put the necessary stamps on the migration card.
- Registration for Kazakh citizens has some differences in the registration procedure. Thus, between Russia and Kazakhstan there is an agreement on a pre-agreed order of stay. According to this document, citizens of Kazakhstan are exempt from the need to register with the migration service within thirty days from the moment of their stay in Russia. If the length of stay is longer than the specified period, then the receiving party must inform the migration authority within a week.
And now is the time to talk about what the temporary registration (for 3 years or less) of foreign citizens in their living space threatens for the owner.
