How long can you live without registration and what are the consequences of not having a stamp in your passport? What to do after selling an apartment?

Is it possible to live without registration according to the Law?

The term registration was abolished in the Russian Federation in 1993 with the signing of the Law “On the right of citizens of the Russian Federation to freedom of movement.”

The term was replaced by the concept of “registration of citizens at the place of residence ,” which was introduced for the purpose of notifying the FMS authorities about the movement of citizens within the country.

On the basis of this law, the constituent entities of the federation adopted their own Resolutions regulating the procedure for this procedure in a specific territory.

The law clearly distinguishes between the concepts of place of residence and place of temporary stay. The conduct and timing of each type of procedure are regulated by the “Rules for registration and deregistration of citizens of the Russian Federation” (Resolution No. 713 of July 17, 1995, as amended in 2010).

Permanent registration is registration in your own residential premises or municipal apartment provided under a social security agreement. hiring Temporary registration – registration at a temporary place of residence. This could be rented housing, an apartment for relatives, friends, office premises, a dormitory, etc.

For more details about why registration is needed, as well as about temporary and permanent registration, read this article, and you will learn about the difference between registration and registration, as well as how the place of stay differs from the place of residence, here.

Registration procedure

Documents for registration must be submitted to the Main Department of Migration of the Ministry of Internal Affairs. If the papers are completed correctly, and the applicant has taken into account the period within which he needs to register after leaving the apartment, the package will be accepted.

Permanent registration of citizens of the Russian Federation, including minors, is carried out within 3 days from the date of submission of all documents. If there is a need to clarify any information, the registration period will last up to 8 days. Typically, such requests are sent when confirming the right to dispose of residential premises.

Registration of foreigners in their permanent housing on the territory of the Russian Federation is carried out in approximately 3-7 days. This is quite enough not to break the law, considering how many days they give for registration after discharge.

How long can you live without registration in your passport?

According to the law, permanent registration can only be obtained in your own home or in a municipal apartment provided under a social security agreement. hiring

If a citizen deregisters, he must register in the new place seven days in advance. These deadlines are established by Government Decree No. 809 of August 15, 2014.

In order to meet the deadline, it is more advisable for a citizen to apply for registration when he arrives at a new place and automatically register from the old address. Carrying out the procedure in this way will avoid missing the registration deadline at your new place of residence.

Missing a deadline is permitted for a valid reason:

1. Buying a home.
2. Illness with treatment in a hospital or at home.
3. Business trip to another city.

Each case requires confirmation by documents (certificates from the hospital, travel certificate, certificate from work, purchase agreement for living space).

Extract "to nowhere"

Today in Russian legislation you can come across the term “discharge to nowhere”. This is a process where a person is deregistered and deprived of housing. In this case, he is not provided with a new place of residence.

This situation is illegal in some cases. For example, if we are talking about minors. By law, children cannot be discharged “to nowhere.” They need to immediately find a new place of residence, and if the child is under 14 years old, then it must be with one of the parents.

The discharge “to nowhere” is legal if we are talking about missing people or those recognized as dead. Recent changes in the legislation of the Russian Federation allow alimony debtors to be recognized as missing.

If a person suddenly shows up, he will be able to appeal the court decision and register in the apartment/house again. But until this moment you will have to stay on the territory of a particular state without registration.

Deadlines for registration of foreigners

It is no secret that there is a constant influx of citizens from Uzbekistan, China and others. And here there are rules.

The same period, seven days , is established by law for notifying the FMS authorities when a foreign citizen is in Russia.

A foreign citizen is required to send a notification to the Federal Migration Service office about his arrival in Russia by postal notification or with the participation of the organization receiving him (you can find out how to register via mail here). This role can be played by legal entities and individuals.

The citizen is issued a migration card with a specified period at the place of temporary residence.

Temporary registration in Russia is valid for a period of 90 days. If the deadline is violated, the migrant faces a fine and deportation to his homeland.

We talked in more detail about the registration of foreign citizens and the necessary documents here.

How to live without printing

Is it possible to live without registration in Russia? Yes. To do this, it is enough to have a place of temporary registration.

In such circumstances, the citizen is issued a certificate in the established form. It serves as confirmation of registration in the Russian Federation at a particular address. Information about temporary registration will be stored in the migration services database.

Moreover, before receiving a passport, children are given certificates of permanent residence registration. This means that you can live in Russia without any stamps on your identity card, but you must have a document confirming your registration.

What if you miss deadlines?

Despite the document establishing the citizen’s right to freedom of movement, the state will punish you with a fine for not having a stamp. Article 19.15.1 of the Code of Administrative Violations provides for such a violation. According to this document, a citizen is required to register within seven days .

For missing a deadline, the code provides for penalties in the amount of one and a half to three thousand rubles, and for Moscow and St. Petersburg from 5 to 7 tons.

This rule applies to both permanent and temporary registration.

That is, even if there is a stamp in your passport, and you will be temporarily in another place, you must issue a temporary registration.

Facts of lack of registration can be identified by an official (when checking documents) or the Federal Migration Service when submitting documents for registration (you can find out about the necessary documents for registration and deregistration here).

You have the right to reside at any address that is not your permanent place of residence for up to 90 days. If you live in a rented apartment, you must obtain temporary registration in it no later than within 3 months.

The fine for its absence will be paid by the owner of the property in which you live.

For owners whose living space is occupied by citizens without registration, a fine of 3 to 5 thousand for regions, from 5 to 7 thousand for Moscow and St. Petersburg is also provided. Legal entities for such violations are subject to fines from 50 to 757 tons (Article 19.15.1 of the Code of Administrative Offenses).

Read more about fines for late registration or lack of registration in this article.

Regulations for temporary registration

It is established by law that anyone who is absent from their place of permanent registration for a long time must register its temporary equivalent at the address of residence. Based on this status, a citizen has the right to count on all the privileges intended for persons living in the region.

Registration at the place of residence is a common phenomenon. The deadlines for registration of citizens of the Russian Federation after discharge in 2021 are indicated in (hereinafter referred to as Law of the Russian Federation No. 5242-1).

When collecting documents for temporary registration, the applicant needs to decide how long he will be tied to his new place of residence. But since this period can only be set by the owner of the living space for which the migrant is registered, the parties should agree. If your temporary registration has expired, you can always extend it.

Temporary registration cannot be issued for a period of more than 5 years (6 months for municipal housing). This is a mandatory condition, even if the owner of the premises is ready to register the guest for a longer period. Although this information is not reflected in the legislation, it is enshrined in the internal regulations of the passport office departments.

Temporary registration is carried out at the place of stay if the person is in the locality for more than 90 days. This clearly regulates how long you need to register. After temporary registration, the person is issued a certificate, which is valid only with a Russian passport.

Temporary registration of a foreigner at the place of stay is called migration registration. The period for registering foreign citizens on the territory of the Russian Federation is determined by the period of temporary stay of foreigners from visa-free countries - no more than 90 days in total during each period of 180 days. The visa procedure between Russia and the country from which the subject came implies the registration of the latter with migration registration for the entire period of validity of the visa document.

The maximum period should not exceed 12 months.

The answer to the question of how long it takes to register at a new address is contained in various legal acts, the main one among which is

Features of registration when selling your home

Article 292 of the Civil Code of the Russian Federation prescribes the need to extract from an apartment when selling it. The timing of deregistration at this address may be established by the purchase and sale agreement. If the time frame is not established by this document, you should be guided by the Civil Code, which interprets the time period as “reasonable” .

In practice, it is equal to 30 days.

But how long can you live without registration after selling your apartment?

If you have checked out of a sold home, but have not found a new home within a month, then in theory you have nowhere to register.

According to the law, if the seven-day period is violated for a valid reason, no fine should be charged.

When purchasing an apartment and receiving a Certificate of Ownership, Rosreestr employees will put a mark that will allow you to avoid a fine.

However, there are precedents when a fine was imposed despite the presence of justifying documents.

When moving to another city, it is more advisable to arrange an automatic deregistration through registration. Just as in other cases, the registration procedure must be completed within 7 days.

If you do not have your own housing in which you can register, or housing where relatives or friends agree to register you, you need to register temporarily.

You can learn more about how to register in a new home after selling your old one here.

The registration period is no later than 90 days.

If you rent housing in another city, you must provide the FMS with a rental agreement or an application from the owner of the apartment you are renting. Violation of the terms of temporary registration is subject to a fine of the same amount as violation of the terms of permanent registration. The amount of the fine is constant and does not depend on the length of your stay without registration at your place of residence or stay.

Documents for registration

To register/register, an adult must have:

• Statement.
• Passport.
• Departure sheet.
• Arrival sheet.
• Owners' consent.

To register a child with his parents, the consent of the property owner is not required. But parents need to bring:

• Marriage certificate.
• Certificate of birth of the baby.
• Application for registration.
• Certificates with personal registration.

Foreigners will additionally need:

• Migration card.
• Foreign passport with translation.
• Citizenship data.

Now it’s clear how to register when changing your place of residence.

If there is nowhere to register

Lack of registration is an obstacle to a full life.

According to the law, a passport without a registration stamp is valid, but a citizen with such a document will face many obstacles in the following cases :

• seeking medical help;
• registration of a foreign passport;
• registration of SNILS;
• vehicle registration;
• registration with tax authorities;
• apparatus employed;
• obtaining a loan from a bank;
• registration of pension;
• receiving social benefits.

According to the law, the absence of a residence stamp in your passport should not be an obstacle to going to a clinic, bank, or getting a job.

However, practice shows that most often this still creates certain problems.

The Labor Code (Article 64) states that restrictions on hiring due to lack of registration are not permissible. But we all know that, for example, in Moscow, without Moscow registration, it is impossible to get a normally paid job. What can we say about the absence of any registration at all?

No registration means you can’t get a loan , since the bank’s security service will not risk allowing a person without a specific place of residence to take out a loan.

According to the rules, it is also possible to enroll a child in an educational institution without registration, but citizens living in the area where the educational institution is located have a priority right to enroll in the queue. So your child may not wait in line.

Therefore, it is advisable to contact relatives or friends who will agree to register you in their living space.

If there are none, you can try to contact intermediaries who can help you register for a certain fee in order to avoid unnecessary problems.

Without registration and registration

We looked at whether it is possible to live without registration in your passport. If a person has a temporary place of residence registered by law, then it is possible. But what to do when there is neither temporary nor permanent shelter?

In general, you can live without registration and permanent registration, but only for 90 days.

Without a place of residence (temporary or permanent), it is difficult for a person to get a job. Sending your child to kindergarten or school will also be much more difficult. They will not be able to issue benefits, payments and compensation without registration. Taxes will not stop being accrued, but people will never receive payments or notifications.

In other words, if a person is not afraid of fines, he can live without registration or residence permit. But you can’t rely on government benefits, bonuses and support. It will also be impossible to complete documents and request certificates.

Advice for those without registration

Each individual case of a missing stamp in a passport may have different reasons, but the problem still needs to be solved . If you do not have a residence permit and have nowhere to register, you can do the following:

1. Register at the hostels (there are organizations that provide temporary registration).
2. Buy an inexpensive house in some remote village and register in it.
3. Register in a country house or garden house located on the territory of a rural settlement.
4. Register with the owners for a fee or by agreement.

Someone can confidently say: “I live without registration and everything is fine.” However, the absence of a registration stamp from the Federal Migration Service can become a source of many problems with their consequences. Therefore, it is still worth trying and formalizing it in any currently available way. Otherwise, even walking down the street in our time will not be so safe.

The need for accounting

Is it possible to live without registration? What about without registration? To answer these questions, you need to turn to the current legislation of Russia.

By law, all residents of the Russian Federation are subject to mandatory migration registration. A Russian citizen is obliged to inform migration services about his movements. Otherwise, he will violate current legislation. And this will cause a lot of problems.

Is it possible to live without residence permit and registration without breaking the law? No, but practice shows a slightly different picture. We'll talk about this a little later. The main thing is to remember that when living in Russia, people must have a place of residence “on paper”. And it doesn’t matter whether it’s temporary or permanent.

How to evict without court?

It is more difficult for a person who lives in an apartment, but is not registered in it and is not the owner of the premises. On the contrary, it is easier for other residents to evict him. But how to do this legally? Persuasion or a method called “kick out” often does not help. Sometimes a person, for some reason, is convinced of his right to live or simply refuses to move.

IMPORTANT! Although it is easier to evict a citizen from an apartment in which he is not registered than one who is registered, the difference in this regard is still small. According to Art. 40 of the Constitution of the Russian Federation, “everyone has the right to housing.”

This can be interpreted in different ways, especially in modern conditions, when many simply do not have housing. But it is precisely this article that does not make it easy to evict a person living there from an apartment without a formal right to do so.

Situations when it is necessary to ask a resident to leave the premises arise for various reasons:

• Termination of relationships, in particular family ones. This can also apply to friends, long-term guests, and so on.
• Tenants who do not want to leave the apartment.
• People who have already been discharged from housing through the court, but still live in it.
• Other similar cases.

To evict a person, you need to sue him in court. It is important to correctly draft the statement of claim. It must indicate the basis and reasons.

Is it possible to prohibit a citizen from living without his consent?

The eviction procedure is one of the most difficult. If a person who does not want to vacate the premises is not legally savvy, then it is often enough to threaten him with court or file an application so that he himself leaves the home. But more often it happens that this person is either an alcoholic/drug addict who does not care at all about what is happening, or a cunning person who understands that real confusion reigns in this area of ​​the law.

Everything is sorted out individually. A lot depends on how the situation is presented. More evidence of the defendant’s unlawful actions, his antisocial behavior, and especially his damage to a residential property - and the court is on the plaintiff’s side.

If there are not so many of them, then the citizen who does not want to be evicted becomes a victim from the point of view of legislation, and the process can drag on for an unlimited period. Perseverance is the first thing needed in such matters.

Grounds that can be indicated in the application:

• Art. 31 LC, clause 6 and clause 7 - in case of non-compliance with the rules of residence.
• Art. 31 LC, clause 4 – in case of termination of family relationships.
• Art. 31 LCD, clause 5 – if the lease agreement has expired. Keep in mind that this paragraph is more intended for those cases where a lawsuit has already been filed, but you can still indicate it.
• Art. 36 LCD - for lease agreements that have expired, as well as for cases of violation of the rules for using the premises.
• Art. 84, art. 91, art. 133 LCD – eviction of members of a cooperative, etc. from apartments used for social rent. Usually this article is not required, because In such situations, landlords themselves know the law quite well.
• Art. 90 and art. 91 residential complexes – for non-privatized apartments. At the same time, Art. 90 implies non-payment for accommodation, and Art. 91 – violations of the rules for using the premises, non-compliance with the rights and interests of neighbors in the living space, antisocial behavior. We talked in detail about the specifics of the procedure for eviction from a non-privatized apartment in this material, and you can find out about eviction based on debts for utility services here.

In addition to the legislative basis in the form of article(s) of the Housing Code, it is important to describe the reason in detail. Typically, in order for the court to consider a case in favor of the plaintiff, one of the following is required:

1. formal termination of family relations;
2. expiration of the contract under which the person lived in the apartment;
3. new home owner;
4. owner's desire.

The last point requires attention. This basis will be considered by the court, but often considerable persistence is required to achieve what you want.

IMPORTANT. The owner can sue to evict an apartment.

Good reasons

For “ordinary” people who do not think like judges, it is obvious: if a person, for example, rents a room and has not paid for it for a couple of months, this is a good reason to kick him out. However, for lawyers everything is not so obvious. In this case, for example, you still need to wait for the court's decision. And, most likely, tenants will still be given a considerable period of time to vacate the premises.

The following reasons are considered valid:

1. Violation of the rules for using residential premises. The attitude towards the condition of the home is much more reverent than towards the opinions and wishes of the residents themselves.
2. The end of the contract according to which the person lived in the apartment. Here, however, trouble awaits the landlord.
   Even if a lawsuit is filed and a positive decision, tenants may be given additional time to find new housing and/or solve their financial problems that prevent them from finding an apartment. Depending on the time of year and the presence/absence of children, this period can range from several weeks to 6-12 months. Therefore, if such a situation arises, it is better to indicate additional reasons.
3. Buying or selling a home , depending on who writes the application. A change of owner is a sufficient basis for the court. But selling an apartment “with a tenant,” especially to strangers, is not so easy.
4. Termination of family relationships. Such proceedings are often the most complex, especially when it comes to children, the elderly, and the disabled.

Attention! Evicting tenants by force is not always advisable.

In most cases, it’s really enough to just throw them out the door along with your things. But, if they then decide to complain against the landlord themselves, then the law may be on their side.

Claims can be different: from valuables allegedly stolen by the owner of the apartment to the fact of renting out the housing not recorded by the Federal Tax Service. Therefore, you need to soberly assess what this particular person is capable of and what to expect from him.

Where will the unregistered person live after?

This issue is also resolved on an individual basis. Due to the existence of Art. 40 of the Constitution of the Russian Federation, it is impossible to evict a person “to the street”. Although this is actually practiced, judges are reluctant to make such decisions and often give people additional time in advance - either to correct the situation or to vacate the apartment.

We discussed all the situations in which a person can be evicted without providing him with other housing, in a separate article, but whether it is possible to evict an apartment if this is the only housing a person has, read here.

But there are some nuances here too, for example:

• if it is determined that he has somewhere to move, he will be obliged to leave his home as soon as possible;
• if it turns out that his financial situation allows him to rent another home, then he may also be forced to move “to nowhere”;
• if it turns out that he cannot afford rent, and there are no other options, then new premises can be provided under a social rental agreement in accordance with Art. 85 or art. 90 LCD.

Place of residence and place of stay

The place of permanent residence can be an apartment, a private house, a dormitory, office housing and a number of other premises. His address must be noted in the passport - they say that the citizen is registered at this address. A person can receive medical care and other social services at his place of residence.

If a person lives outside the place of registration for up to 90 calendar days, then such housing is called a place of stay. Most often these are rented apartments and houses, but there may also be sanatoriums, hotels, hospitals, and so on. In other words, this is a place where a person stays for no more than three months - for example, while on vacation with relatives or in a hotel in a resort town. This information should not be noted anywhere.