Clarifications from the Ministry of Internal Affairs on the legal status of foreign citizens after October 1, 2021.


Basic provisions

You can't just change your place of residence. When moving to another city for 90 days or more, you must register. It is understood that the person lives exactly where he is temporarily registered.

Art. 7 of the Law “On the Right of Citizens to Freedom of Movement in the Russian Federation” determines: if a person is registered, but in fact does not live in the premises, then one of the certificates will be fictitious.

The temporary registration will be fictitious, since the person does not actually live at the address.

There are two ways to register:

  • at the place of permanent residence,
  • at the place of stay.

Important! You can be permanently registered and make a temporary certificate. Such actions comply with the law. People can legally reside where they are registered or registered.

You can submit documents for a second non-permanent registration, but it will be illegal.

Why do you need registration?

Registration is necessary in order not to fall under sanctions in the form of a fine, because a citizen of the Russian Federation or a foreign citizen is obliged to notify government agencies about a change in registration.

For violation of the obligation there may be a fine of 3,000 or even 5,000 rubles. (in the capital).

In case of registration and further non-compliance with duties, administrative liability is provided. Basically this is Art. 19.15 paragraphs 1 and 2 of the Code of Administrative Offenses of the Russian Federation. Also, not only those who moved in, but also early residents are attracted, so you need to think carefully before changing your place of registration.

The obligation of registration is stated in the Law of the Russian Federation of June 25, 1993 N 5242-1 (as amended on July 1, 2021) “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” And it must be completed within seven days.

Registration is required if you need to receive benefits, apply for a subsidy, or enroll your child in kindergarten or school. Some employers, at least in their area, will not accept applicants without registration. This is a very useful and important thing, especially since it is free and does not require investment for the registration process.

What is the responsibility if you don’t register anywhere?

What are the consequences of not registering at the place of residence? Let's figure out what will happen if you don't register anywhere at all. The legislation of the Russian Federation does not provide for any punishment for the lack of permanent registration.

Punishment will only occur if the citizen does not complete temporary registration on time. According to Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation, the fine for late registration or its complete absence ranges from two to seven thousand rubles.

Nothing will happen if you don’t have a permanent registration - you’ll just have to always have a temporary one on hand , but you’ll have to renew it regularly. Read more about how long you can stay without registration and what the responsibility for violating the rules and delay is here.

When two registrations are allowed

Sometimes in life it happens that you need double registration. There are many such cases:

  • long-term treatment in another region or city;
  • at the request of the employer;
  • in case of studying in another region, etc.

You can, of course, just stay there, but without registration you cannot receive social guarantees, be assigned to a clinic, take out loans, or vote.

You may also be interested in: What is the difference between Moscow registration and Moscow region registration.

Registration is necessary for children to study at school or kindergarten.

According to the law, such children have an advantage in admission, since priority is given to those who are registered in the area related to the school. And there is no difference between registration and temporary registration.

It is not permitted by law to have two temporary registrations. One of them must be permanent.

A stamp indicating where the citizen lives is in the passport, plus a certificate is issued confirming the legality of being at the place of residence.

What happens if you take a fictitious registration?

When a person despairs of finding a place where he can register in accordance with the law, the thought of fictitious registration often comes to mind. On the one hand, for a relatively modest fee you can solve registration problems once and for all.

On the other hand, such an idea is associated with so many risks that ultimately all the benefits of fictitious registration are lost. Here's what can happen if you risk not really taking shape:

  • The person offering permanent registration may be a common scammer. Think for yourself - how many people are ready to simply give any person on the street the right to live? That's exactly what it isn't. Fraudsters take advantage of the gullibility and poor position of other citizens to profit from them. Of course, this will not cause any stamp to appear in your passport.
  • The “owner” of the apartment may give you fake documents for the apartment. In this case, all responsibility for providing a forgery will fall on you. And this is potentially a criminal matter.
  • Even if the rights are issued and everything does not turn out to be a fraud, the owner of the apartment in the future can easily challenge in court your right to permanent registration in this premises. In this case, you will lose your stamp, and at the same time you will receive several decisions about an administrative offense, or even a summons to the police in a criminal case.
  • Finally, providing false documents is Art. 327 of the Criminal Code of the Russian Federation, the maximum term of restriction of freedom under which is up to four years.

If you don’t have a lot of money and you really need registration, you can buy a very inexpensive share in some real estate away from major cities. For literally 250-300 thousand rubles, people are ready to absolutely legally give you the right to own their real estate. Then the issue of registration will be completely resolved.

Unfortunately, the legislation of the Russian Federation in the field of internal migration is incomplete. At various meetings, readings of bills and other events, deputies are trying to reduce bureaucratic control, but so far these initiatives have not been successful.

At the moment, it’s difficult to live in Russia without permanent registration , but it’s possible. And the simplest and most effective way out of such an unpleasant situation is to buy a home. Many people cannot afford this, but, unfortunately, there is no other equally reliable solution.

Can a person be registered in two places at the same time?

A person can be registered in one place and registered in another. Minor citizens are registered in the same place as their parents. Where mom and dad live, the child can also be registered there.

The child is issued a certificate of residence. Its validity period is determined by the period of temporary registration available to the mother or father.

Legal registration rules

According to the law, a citizen who has changed his place of residence and moved there is required to contact the passport office within 7 days. This is done to obtain registration. This procedure will be possible subject to release (discharge) from the previous place of stay. You can also start it at the same time as registration.

The law distinguishes between permanent and temporary registrations. The first is needed when a person will live in a new apartment for more than 90 days.

In case of violation of these norms, a fine may be imposed on the citizen.

Everyone is subject to penalties! The owner of the apartment will also be required to pay a fine.

This will not happen if, when registering, the person was already registered at another address in the same subject. Also, no fine will be imposed on his family members if they live with him without registration.

Read also: Algorithm of actions for simultaneous purchase and sale of an apartment

Documents that will be needed for registration:

  • Passport;
  • Application for registration;
  • A document confirming the right to registration (purchase and sale, rental);
  • For children under 14 years of age, a birth certificate will be required;
  • Certificate of marriage or divorce;
  • Consent of the second spouse in case of separation;
  • Consent of other co-owners in their presence.

All documents are checked by GUVM employees. If there are no objections, the issue of registration is resolved within 3 days. After the procedure, the passport is stamped and given to the owner.

When registering, you need 2 persons: the owner of the premises and the person applying for registration. It is possible for a representative of one of the parties to participate with a notarized power of attorney.

This procedure is completely free!

Is it possible to register without the consent of all apartment owners

Consent to registration is required under various circumstances. At this time, permission from all other co-owners of the property is required.

Some individuals may not give consent because they consider the person being registered to be the new co-owner of the apartment. This is an erroneous statement. This is because this citizen does not have the right to dispose of property in any way, but only to use it. The GUVM is notified about this.

Registration in municipal housing is special. In this premises, shares are allocated that are equal among all persons registered there.

If you still receive a refusal from the co-owner, then there are two solutions to this problem.

  1. To allocate a share from a part of the property;
  2. Part of the room is allocated in nature.

The second option is very good for private houses. To implement it, you must have a separate entrance and exit, bathroom and kitchen.

After you have done one of the above actions, you can register another person without the consent of other shareholders. However, it is worth noting that the registered person will not be able to evict due to the fact that he has become a co-owner of the premises. Be careful!

If a new person is registered in municipal housing, the consent of others is also required. The exception is the registration of your children, parents or spouse. This action must be documented.

Read also: What should a council housing tenant pay for?

Is the consent of all owners required for temporary registration?

According to the law, temporary residence is issued for no more than 5 years and if the citizen stays in new housing for more than 3 months. To do this, you need to have a document on the use of living space (for example, an agreement on free use).

Temporary registration, just like permanent registration, requires the consent of all co-owners of the premises. This condition is mandatory.

Registration in housing with shared ownership

One type of property ownership is shared ownership. This concept is enshrined in the Civil Code of the Russian Federation in Article 244, paragraph 2.

Issues related to registration must be resolved by all citizens who have a share in housing. There is no difference between temporary and permanent registration, since the same rules of law apply.

This is interesting! Dispositive and imperative norms of law: what applies to them.

If all shareholders agree, it becomes possible to register in the apartment. As for the child, if he has not reached the age of majority, then consent may not be required. But the following conditions must be met:

  • one of the parents is registered in this apartment;
  • actual presence in the given territory;
  • The premises were privatized with his participation;
  • The apartment was purchased with maternal capital.

If the child has reached the age of 14, then he must be present to sign the documents, because he will sign it himself.

Read also: Selling a house with maternity capital: the seller’s risks.

Rights of registered

Registration itself records the location of a person, as this is necessary for government agencies. The registration itself does not give legal effect to the apartment. This is implemented by other agreements. This can be purchase and sale, rent, social hiring, privatization, etc. But even so, this does not give the right to dispose of property.

If the owners of the premises somehow want to dispose of their apartment, then they do not need the consent of the people registered in it. However, there is a case when a citizen gives birth to a child. In this case, it is automatically registered on the territory of the apartment and does not require the consent of the owners.

What rights does a registered person have? Watch the video:

Where can you register if you don’t have your own home?

You can temporarily register in any real estate. To do this, you only need the personal presence of the landlord during the submission of papers, as well as a rental agreement.

With permanent registration, everything is somewhat more complicated. You can only get it:

  • In your own living space. Then everything is simple - just hand over to the employees of the MFC or passport office documents confirming ownership of real estate. In this case, you are simply obliged to register.
  • In someone else's living space, even if it belongs to your relatives. However, you will need a notarized written consent of the property owner, as well as a document confirming the existence of any relationship between the property owner and the applicant. For example, a lease agreement, civil servants agreement, rent agreement, birth certificate, marriage certificate, etc. are suitable.

Registration in a mortgaged apartment is more than possible. According to the legislation of the Russian Federation, it is the property of the borrower. It’s just that this apartment is pledged to the bank.

It is impossible to register in real estate under a share participation agreement . With shared participation, the housing has not yet been put into operation, otherwise clients would have already been issued title documents for housing. Accordingly, until the housing is put into operation, formally it is not yet ready, and it is impossible to register there in accordance with the Housing Code of the Russian Federation.

Registration must be obtained at the passport office, through State Services or at a multifunctional center; You also need to submit documents there.

Is it possible to have two residence permits in one city?

A person may be permanently registered in one area of ​​the city, but temporarily registered at another address. You cannot receive two certificates at the same time.

The stamp in the passport is placed on the basis of documentation of ownership (sale and purchase agreement, gift, extract from the Unified State Register),

For non-permanent registration, a basis is also required: approval from the owners, a rental agreement.

Example. Sergeev V.M. wants to register at two addresses in one city. He is registered with his parents in Moscow on Kukhmisterova Street. Sergeev wants to live separately from his parents, so he rented an apartment located on Udaltsova Street. Specialists of the territorial Department of the Ministry of Internal Affairs will issue a certificate.

Thus, Sergeev will have two registrations: one permanent with his parents and the second non-permanent in rented housing.

If Sergeev needs to register in another place for a while, he must first notify the registration authorities about his move from Udaltsov Street, and then register at the new address.

Design is important not so much for adults as for children. An adult will be able to find a job, albeit unofficially, even without a certificate. But placing children in a kindergarten or school without a certificate of residence will be very problematic.

So let's register. Each school is now assigned certain territories. Admission of children from other streets is carried out on a residual basis. If there are free places left, the child may be accepted.

In different cities

For some, a situation may arise when they have two or even more apartments in different regions or cities. And he alternately lives in one, then in the other. In this case, it makes sense to apply for two registrations. One will be temporary and the other permanent. And the owner himself will decide how long it takes for him to obtain temporary registration in the 2nd living space.

When a person lives for a long time in another region of the country, then it becomes mandatory for him to register temporarily. If he does not do this, he faces a fine.

It is also worth knowing that registration depends on the location of the apartments. If they are located in the same region, then registration is a citizen’s right, but not an obligation.

Moscow and the Moscow region are one in this case, as are St. Petersburg and the Leningrad region, as well as the Republic of Crimea and Sevastopol.

In different countries

While living abroad, the Russian citizen is not restricted from permanent registration within his country. But he has a duty when he arrives in his state. He needs to register temporarily in order to give the foreign state the opportunity to control migration.

This is also done to help citizens obtain various services outside their country. This includes receiving medical care, getting a job, etc.

Citizens who have dual citizenship stand out. In their case, it is possible to have two places of registration, one in each country.

What to do when there is no registration?

There are two types of registration: temporary and permanent. A stamp in a passport is a permanent registration, while temporary registration is a separate document certifying the location of a citizen in a particular region.

Both types of registration are bureaucratic mechanisms through which the state can track the migratory movements of citizens within the country. But from this purely bureaucratic function, registration has turned into something more: now it is required when applying for a job, when trying to enroll a child in a kindergarten or school, and even more so when obtaining loans, especially when applying for a mortgage loan.

Accordingly, the life of a citizen becomes much more complicated. The question of how to live in the absence of registration becomes the agenda for the coming years. However, practice shows that it is quite possible to live without permanent registration : hundreds of thousands of Russian citizens live in Russia, work and start families without having a stamp in their passport.

aIf there is no permanent registration, then in essence the citizen has only three ways out of the situation:

  • Buying your own home or a share in it. Upon receipt of a share, even a very small one, a citizen has the right to register himself at the address where this property is located.
    You can even buy a house in a remote village, where the cost of housing is incredibly low - this is also suitable for obtaining registration. This method is good primarily because in the future you can register your children at the same address without any problems. The downside is that without existing registration it is extremely difficult to get a mortgage, and this is the main way of buying real estate in our country. In turn, without a mortgage loan, saving up for an apartment or even a share is a very difficult task for most residents of the Russian Federation.
  • It is possible to obtain permanent registration in real estate where the citizen does not have a share. But in this case, you will have to try hard, because without the consent of the owners of real estate, registration is simply impossible. Read more about this method in the paragraph below in this article.
  • You can change your temporary one regularly. If you move to another region or apartment and do not register within three months, then the citizen is required to pay a significant fine.
    Such registration can be issued for a period of up to 5 years. This method is optimal for those who plan to buy a home soon, but so far there is no such option. The downside of this method is the constant visits to the Main Department of Migration, the need to ask landlords to register, etc.

Decor

The registration is carried out by the Ministry of Internal Affairs, namely the Main Directorate for Migration Issues. Documents for the procedure should be submitted through the MFC in.

There are also positions such as passport officers. They collect documents for discharge and registration, provide samples and help fill them out.

Documents can be:

  • Extract from the Unified State Register of Real Estate Rights;
  • Lease agreement;
  • The owner's consent to the registration of another person.

For temporary registration, fill out an application in Form No. 1. And a certificate is issued for the place of the stamp.

Subtleties of design

Without permanent registration, you are not allowed to stay on Russian territory for more than seven days. Otherwise you will have to pay a fine.

There are also penalties for lack of temporary registration. Punishment is imposed if it is confirmed that a citizen lives without registration in another city for more than ninety days. Moreover, sanctions are established not only in relation to citizens, but also to home owners.

The period of non-permanent registration corresponds to the duration of the rental agreement. The length of stay for tenants is determined by the owner of the property.

You can live without documents only with close relatives (father, spouse) or in the territory of one region.

Read also: How to change the owner of an apartment between relatives.

The question of whether it is possible to have two temporary registrations is not directly resolved by law. However, the concept of fictitious registration is defined by law.

Example. The Ivantsev spouses live in the Leningrad region. They have permanent residence there. The couple plans to move to St. Petersburg. They do not need to register. However, to receive benefits, allowances, and register vehicles, a certificate will be required.

How to apply: features of the procedure

Let's consider how to register if a person does not have his own home, where to go, where to get registration at the place of residence, what are the differences in the registration procedure. There are several differences:

  • Firstly, there must be consent from the property owner to issue permanent registration to the applicant. Consent must be formalized in writing by a notary.
  • Secondly, the property owner must be personally present during the submission of documents. Otherwise, the employee of the passport office or the MFC has the right to refuse the registration service, since forgery is possible.
  • Thirdly, the owner of the property is obliged to provide documents confirming his right to the property. For example, a certificate of registration of real estate would be suitable.

The procedure looks like this:

  1. First, all necessary documents must be collected.
  2. Next, this entire package of documents, including the application and the applicant’s internal passport of the Russian Federation, must be sent against signature to the MFC, passport office or territorial office of the Main Directorate for Migration. You can also make an appointment in advance through State Services.
  3. Within three days, government authorities must review the documents and make a decision. If the answer is yes, when you return the documents, your passport will already have a stamp with information about permanent registration.

Of course, it is very difficult to obtain the consent of a property owner who is not your relative. Here citizens resort to tricks - for example, they look for those who are ready to make a fictitious registration for money. But this is very dangerous; Read more in the corresponding paragraph towards the end of the article.

What does registration give?

A person who has a temporary certificate can easily apply for medical care and apply for child benefits.

A citizen will pay utility bills where he temporarily resides, and not permanently.

Foreigners generally cannot stay on Russian territory without legal registration. Violators face expulsion and fines.

If necessary, you can cancel your permanent registration and live under non-permanent registration.

Bottom line

  1. The question of whether it is possible for a citizen to be registered in two places at the same time is resolved positively only in one case: permanent and temporary registration is made.
  2. You cannot simultaneously have 2 certificates of temporary registration in different cities. One of them will be illegal.
  3. Permanent and temporary registration at two addresses can be obtained through a department of the Main Department of Internal Affairs or through a specialized one.

Useful video about temporary registration!
The article was prepared by a lawyer on family and civil issues, Anton Nikolaevich Shcherbak.
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