Legal requirements
All the subtleties of the procedure for registering citizens of the Russian Federation are determined by the Federal Law “On the right of citizens to freedom of movement...” and “Registration Rules...”.
These documents have been regulating the registration of citizens on the territory of the Russian Federation for 25 years.
According to these documents, registration at the place of residence is available only in housing for which the applicant has an ownership document . If it is absent, it is impossible to register in a certain living space.
But at the same time, living without any registration at all is considered a violation of the law. This fact is qualified by law as staying on the territory of the state without documents at all .
The solution in this situation is to register for temporary registration at some address.
In the governing laws there is no prohibition on obtaining a Certificate of temporary registration in the absence of a permanent one. This means that it is possible to receive it without a stamp in your passport.
Read about the differences between temporary and permanent registration on our website.
Is permanent registration necessary if there is temporary registration and why?
Law of the Russian Federation of June 25, 1993 No. 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” establishes two types of registration. At the same time, it does not say about the direct dependence of one type of registration on another. It all comes down to a person's intentions and the length of his stay in a certain place.
If you plan to stay temporarily due to personal circumstances, for example, treatment, admission to an educational institution, employment, then you can live without registration for ninety days from the date of arrival. After this, you need to go through the registration procedure.
If you have temporary registration, permanent registration will not be required. But if a person has purchased a new apartment in which he intends to live for an indefinite period, he will need to contact the Ministry of Internal Affairs within seven days from the date of arrival to register at his place of residence.
Social status and responsibility
The type of registration does not play a role in a person's social status . That is, regardless of whether he is registered temporarily or permanently, he is granted almost all the rights provided for by law. He can enroll in an educational institution, get a job, receive free medical care, and enjoy social benefits and guarantees that are due to him. The only exception is rights to living space. Find out more about what temporary registration gives a person, about his rights and responsibilities, and risks, in a separate article.
Temporary registration is mainly carried out by persons who are not the owners of the apartment. Although the owner has the right to register in his housing at his place of residence. It should be remembered that in case of violation of the requirements of the current legislation, a person who is temporarily registered bears responsibility on an equal basis with those who have permanent registration. Liability for violations related to compliance with the rules of temporary registration is described in detail separately.
Design features
Depending on the reason for the absence of a stamp in the passport indicating permanent registration, the temporary registration procedure is carried out according to the following rules:
If a citizen has left his previous living space for some reason, a departure slip .
In the complete absence of registration as such, actions must begin with the payment of the fine provided for by the Code of Administrative Offenses, clause 19.15.1. The payment amount is from 2 to 5 thousand rubles.
The procedure for paying the fine and details can be obtained from the FMS office that serves the territory of the residential premises.
A receipt for payment of the fine is attached to the following package of documents:
- application for registration;
- documents for living space that provide grounds for registration (lease agreement, social rent, etc.);
- statement of consent of the owner. If there are several owners of the apartment, everyone must give consent;
- passports of the applicant and the owners of the apartment.
If there is a notarized lease agreement, the presence of the owner at the procedure and the provision of his passport is not required.
Temporary registration in this case is issued for the duration of the lease agreement, but not more than 5 years . After this period, the document can be extended if necessary.
Read about the specifics of temporary registration of minor children on our website.
What should I do to extend my temporary stay?
After the temporary registration expires for citizens arriving from another country, there are several ways to continue their residence and work in our country.
The simplest of them would be to leave the country and then enter after 90 days. However, this method does not suit everyone.
Extension of registration for one year can be achieved by getting a job in a company or enterprise leading official activities and concluding an employment contract with them.
It will allow you to obtain a work permit and extend your registration with the Federal Migration Service for a year, where you will need to submit:
- passport;
- migration card;
- employment contract;
- application for a work permit.
For a longer period, an extension of registration can be obtained by applying for a temporary residence permit (TRP) . Such permission can be obtained under an annual quota determined separately for each region of Russia.
In this case, the following are submitted to the FMS:
- passport;
- migration card;
- medical certificate;
- 2 photos measuring 3.5X4.5 cm;
- application for temporary residence permit.
Not everyone is given this permit. Therefore, you need to contact the territorial department of the FMS for clarification.
Those foreign citizens who married a citizen of Russia can count on the fact that they will receive a temporary residence permit without a quota. If the marriage lasts more than 3 years , there is a chance to obtain citizenship.
Duration and cost of the procedure
FMS employees check the submitted documents within 3 working days. After this, a Temporary Registration Certificate .
This period is established by the Rules of Procedure of 1995. If documents are submitted remotely (via mail or the State Services portal), the processing time may increase to 10 days.
FMS employees may require additional certificates from the last place of residence.
The procedure for citizens of the Russian Federation is absolutely free and does not require payment of state duty.
You can learn about the consequences of temporary registration for the owner of the premises in our article.
How long can you live without a permanent place of residence?
The law allows you to reside at your place of residence without registration for more than 90 days . If this period is exceeded, temporary registration becomes mandatory.
Living without registration is a violation of current legislation, which is punishable by a fine of 2–3 thousand rubles.
You can only register temporarily at a specific address. This could be an apartment of friends or relatives, a hotel, a campsite, etc.
You can complete such registration yourself, or this can be done by the owner of the property who has authorized temporary registration in it. Local registration issues are handled by the territorial offices of the Federal Migration Service (FMS).
Such registration is carried out only with the written consent of the owner of the property or his tenant, if all adult citizens living with him are not against this.
At the same time, in apartments occupied under a social tenancy agreement, residence of people with temporary registration is allowed for a period of no more than 6 months.
The following may give consent to registration in such premises:
- board of a housing construction or housing cooperative;
- authorized representative of the legal entity that is the owner of the residential premises.
When registering yourself you will need:
- An application in which the owner of the property makes an entry with a request to temporarily register the applicant in his living space. Or a separate application from the owner requesting temporary registration may be used.
- A document certifying the owner's right to this property.
- The document with which the applicant can prove his identity, most often a civil passport.
- If a person arrived from another state, a migration card will also be required.
The homeowner himself can provide documents to the FMS. This is often practiced when registering invited workers and specialists.
The application is considered within 3 days , after which a decision is made either to register or to refuse it. The duration of such registration is negotiated with the person who provided his living space for this purpose. The maximum duration of its validity is 5 years.
If the issue with temporary registration is resolved positively, of temporary registration will be issued
When can they refuse?
The most popular reasons for refusal of temporary registration are the following:
- Insufficient living space when registering for municipal housing.
Insufficient package of documents.- Violation of migration registration rules by foreigners.
Refusal must be motivated and in writing .
If citizens believe that it is groundless, it is worth filing a lawsuit or a complaint to the regional Federal Migration Service.
You can find out how many people can be registered in one apartment, and how the number of registered people will affect the amount of rent, on our website.
