In order to live a full life, foreigners (hereinafter referred to as IG - foreign citizen) must first ensure that they are issued a special temporary residence permit (TRP), then a residence permit (RP) and, in fact, citizenship , each point implies a fee certain documents confirming a particular condition.
You can find out how to obtain temporary registration of an IG at your place of residence in our article.
What is registration under a temporary residence permit and is it possible to do without it?
Registration for foreign citizens with a temporary residence permit is a procedure during which the migration authorities record the migrant’s place of residence or stay on the territory of the Russian Federation, which is indicated in the migrant’s passport or in the temporary residence permit (for stateless persons).
The main sources of regulatory regulation in matters of registration of foreign citizens and stateless persons who have received the right to temporary residence under a temporary residence permit:
- Federal Law “On the Legal Status of Foreign Citizens...” dated July 25, 2002 No. 115-FZ;
- Federal Law “On Migration Registration...” dated July 18, 2006 No. 109-FZ;
- Decree of the Government of the Russian Federation “On the procedure for carrying out migration registration of foreign citizens and stateless persons...” dated January 15, 2007 No. 9 (hereinafter Resolution No. 9)
If a foreigner evades this obligation, he risks being held liable under Art. 18.8 of the Code of the Russian Federation on Administrative Offenses, up to and including expulsion from the Russian Federation.
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.
Rights and obligations of a temporary resident in the Russian Federation
The regime of stay on the territory of Russia includes a set of rights and obligations that they have.
Such a citizen is allowed:
- Live in the Russian Federation;
- work;
- move around the country;
- buy real estate (except for restrictions established by law);
- medical care, etc.
The responsibilities of a foreigner consist of:
- confirmation of the temporary residence permit during periods established by law;
- notifying migration authorities about a change of place of stay;
- registration with tax authorities;
- compliance with Russian legislation, etc.
What types of registration after temporary residence permit can be
Registration after a temporary residence permit of a foreigner can be divided into 2 types:
- registration at the place of residence (temporary) - used when for some reason it is not possible to find a place for permanent registration at the place of residence after receiving a temporary residence permit. Its duration can be any and depends on the agreements with the party providing the residential premises, but most often it is registration for 3 years (for the duration of the temporary residence permit);
- registration at the place of residence (permanent) - it is permanent and does not provide for a limitation on the period of validity. It is usually called “registration under temporary residence permit”. Usually, this is done only when a migrant registers in his own housing, or housing obtained under a social tenancy agreement or lease. The main difference from a temporary one is that it cannot be terminated due to the expiration of the period.
At the same time, he is allowed to register only in the following types of residential premises:
- Own residential property.
- Real estate owned by relatives or friends.
- Premises provided by the municipality.
- Rented property.
Any of the above methods must be confirmed by the provision of the necessary papers that can confirm the fact of occupancy in the premises. At the same time, it must be located in the subject of the Russian Federation in which the actions for registration under the temporary residence permit were carried out.
Features of receiving
In 2021, there are several features related to registration after receiving a temporary residence permit, primarily related to the evidence for the basis of registration actions in relation to a particular premises.
This condition is an important criterion, so you need to prepare certain conditions in advance by following these steps:
- It is allowed to register oneself in a personal residential premises upon presentation of a document confirming ownership and the basis for its receipt: a purchase and sale agreement, a deed of gift or any other document proving this fact.
- It is somewhat more difficult to register in premises owned by others. What documents are needed for this are given just above.
- Registration where an individual resides on a rental basis is confirmed by the provision of a document and the presence of the owner. If the paper is certified by a notary, the Russian property owner is not required at the time of filing the papers.
- Living in a municipal property is considered the most difficult situation. In this case, the applicant will be required to have a document confirming the consent of the authorities to this action. In addition, the presence of an official employer is mandatory .
Required documents
The list of documents required for registration of a foreigner residing under a temporary residence permit is determined by Law No. 109-FZ (Article 17) and Government Resolution No. 9 (clause 3-19).
To register under a temporary residence permit, you need to provide (an approximate list of documents is described):
- passport with a RVP stamp and a notarized translation;
- title documents for your own housing or a notarized lease agreement;
- arrival address sheet;
- extract from the house register;
- passport and Certificate of ownership of the apartment owner, when registering in someone else’s premises;
- statement of consent of the owner. If the premises have several owners, everyone must give consent;
- receipt for state duty.
Contents and rules for filling out the application
The document must be filled out correctly, according to the sample, it must not have corrections or errors. The font for writing the application is printed, according to the standard in its upper part. Lines that do not contain information remain blank; dashes and inscriptions of individual phrases are not allowed.
The application must include the following elements:
- Data from a passport or other document capable of identifying oneself.
- Setting up for RVP.
- Citizen data.
- Address of the previous place of registration.
- Data of the individual or legal entity providing the premises
The second – detachable part of the notification contains information about the applicant and is sent by the GUVM inspector to the department at the applicant’s previous place of registration to remove him from the register.
On the reverse side the following information is indicated:
- about the legal representative if a minor or a person who is fully or partially incapacitated is registered;
- about whether the migrant has ownership rights to several residential properties.
Additional Documentation
The above list is minimal and can be expanded. If a migrant is registered at the place of stay with relatives, notarized consent of all owners will be required. If you have this document, the presence of all homeowners will not be required.
The consent may not be notarized if it is drawn up directly at the place of registration, but then all owners must provide identification documents. You must also have documents confirming the ownership of your home with you.
If a newborn child is temporarily registered, then the child’s birth certificate will be required, and the consent of the owners is no longer necessary.
The possibility of such registration of minors raises concerns among homeowners; however, it ceases along with the registration of parents.
How not to get rejected
The migration agency has the right to refuse to provide temporary registration to a foreign citizen, based on the current standards prescribed in the above Federal Law No. 14.
The most commonly used reasons for this may be the following:
- In the event of an attempt by unauthorized persons to register in the area, when the applicant cannot provide an agreement confirming the rental of residential premises.
- Errors, strikethroughs and corrections in the application. If there are minor filling errors, the form may be resubmitted.
- The migrant provided false personal information. A similar result will occur when reporting information that does not correspond to reality regarding close relatives and financial status.
- The homeowner is absent at the time of submitting documents or the list of submitted papers is incomplete.
Important! Temporary registration will not be possible if the migrant is found to have a disease dangerous to others.
What rights does registration give after temporary residence permit?
With registration, a migrant and his family members receive a number of opportunities:
- Registration and registration for migration at your actual place of residence within a week;
- After the first year of stay in Russia, you must confirm your stay within two months. This can be done by appearing in person or by submitting an application through the state portal on the Internet. In the future, this procedure will need to be repeated every year;
- Documents about the source and amount of income are submitted every year in the form of a declaration to the tax office;
- They become registered with the tax office after a year of residence in Russia at a local branch;
- To move to another region, you must obtain permission in advance in accordance with the established procedure;
- Foreign citizens with a residence permit do not have the right to receive government benefits.
Registration deadlines and costs
Documents are checked by migration service employees within 3 to 7 days. After this time, a registration stamp is placed in the migrant’s passport. For stateless persons, a stamp is affixed to the temporary residence permit.
When applying for registration, a foreign citizen pays a state fee of 350 rubles.
After this, either registration at the place of residence after receiving a temporary residence permit will be successfully completed, or a refusal will follow. There may be several reasons - an incomplete list of documents, for example, lack of consent of the homeowner, an incorrectly written application, and so on. Inaccuracies should be eliminated and a second attempt should be made to register at the place of residence.
Is it possible to extend registration?
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.
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.
Minors
What should you do when moving to a country with a minor child? This question is most often asked by foreigners who come to Russia with the goal of subsequently obtaining a residence permit and citizenship of the Russian Federation. In such a situation, according to the aforementioned Law No. 14 “On Migration Registration”, registration for children is allowed at the parent’s registration address.
The main difference from registration for an adult is that there is no need for the consent and presence of the owner of the residential property. The validity period of registration for adults and children is limited to the period of validity of the permit.
If there is a change of residence
A citizen who is not a Russian citizen does not have the right to freely change his place of residence. This procedure can only be carried out through the migration authorities by submitting an application. As a rule, the place of residence is determined by the place where the temporary residence permit is received. In exceptional cases, a change of place of registration is allowed, but only if the organization that issued your permit gives its consent.
The period for consideration of the application cannot exceed two months; delays are possible in exceptional cases.
Thus, the procedure after issuing a temporary residence permit involves going through the temporary registration procedure. A foreigner cannot be registered anywhere. A further change of place of residence is possible only under the control of the migration authorities.
Responsibility for fictitious registration
Issues of registration at the place of residence of foreigners must be treated with full responsibility, since administrative and criminal liability is provided for fictitious registration in Russia. The term “fictitious registration” means an excess of the number of citizens registered at one address. In addition to the fact that this is considered a violation of the above legislation, it also affects the rights of a person who has a basis for personal space.
According to Art. 322.3 of the Criminal Code of the Russian Federation and the Federal Law “On Migration Registration”, detected fictitious registration at the place of residence is punishable by cancellation of the temporary residence permit and a fine of 100 to 500 thousand rubles.
Moreover, punishment awaits not only the migrant, but also the person who issued his registration.
