Is it possible to register a person without his presence at the passport office?

Today it is almost impossible to register in an apartment without the presence of the owner.
Of course, there are several ways to obtain temporary or permanent registration, which are specified in the current legislation. But as practice shows, in megalopolises and many Russian cities such registrations are refused. This is due to the increasing incidence of fraud. If you have a situation where the owner of the apartment gives his consent to registration, but cannot be present himself, you can use one of the options. Perhaps, in your case, they will meet you halfway and make a positive decision.

Registration in an apartment or private house can be temporary or permanent. They differ slightly in the required documents.

Registration in the apartment

Issues of registration of citizens are regulated by the following legal acts:

and codes of the Russian Federation.

Registration is a confirmation of the rights that a person has to residential premises.

General registration scheme for the apartment:

Contacting the passport office at your new place of residence or stay.
Providing the necessary package of documents.
Submitting an application and passport for stamping.

Registration is possible via

How to discharge a sick person without his presence

But I don't see the answer to it. I have a similar situation. The father is in the hospital in the care unit, does not say anything, does not understand (vascular dementia). I need to discharge him from his apartment in the Moscow region and register him in my apartment in Moscow in order to put him in line at a boarding house in Moscow for war veterans (his father is a disabled participant in the Second World War), because Only those registered permanently in Moscow can enter this boarding house.

The procedure for declaring him incompetent is very long; the notary will not certify the power of attorney (since the father cannot say anything). Is it possible to provide the Federal Migration Service with a power of attorney certified by the head physician of the hospital where my father lies, so that I can register my father in my apartment without his presence, i.e. so that I can write an application for him to the Federal Migration Service?

Registration without personal participation of the owner

Many citizens are interested in whether it is possible to register in an apartment without the presence of the owner. This issue is not clearly regulated by law. According to the general procedure, all activities related to the registration of a person take place with the consent of the owner of the premises and in his presence. But there are exceptions to every rule.

A legal way to register in an apartment without the presence of the owner is to issue a power of attorney from a notary. Its presence allows the intermediary to represent the interests of the home owner.

However, registration by proxy is problematic. Under certain conditions, registration authorities may receive a refusal.

And although most migration departments of the Ministry of Internal Affairs still accept a power of attorney, it is worth consulting in advance on a specific situation at the nearest migration service department or passport office.

Controversial issues arise due to the lack of clear regulation of the process of registration with the owner without his presence and the simultaneous absence of a direct prohibition on this action.

Can the owner write out a registered person without his presence?

In a statement written by hand or typed on a computer, in addition to the initials of the person - the owner, as well as the name of the court, the meaning of your claim must be disclosed. You must clarify why you want to discharge the tenant, and most importantly, on what basis you rely .

We recommend that you read: Rules on Noise in Residential Buildings 2021

First of all, it is necessary to decide where to contact the owner of the living space in order to discharge a person from the apartment without his consent. It is necessary to draw up a claim that will need to be submitted to the district (city) court because This is where cases of this category are considered. The court, in turn, will consider the application, after which it will decide whether to issue it or refuse it.

Registration without personal participation of the person registered

According to the legislation of the Russian Federation, registration of citizens must be carried out with their consent and in personal presence. In practice, there are situations when it is possible to register a person in a residential premises without his own participation. The main reason for this is a valid reason why a person cannot appear at the migration authority or passport office:

serious illness;
natural disasters;
other circumstances beyond a person's control.

If it is not clear whether the apartment owner can register a person without his presence, one should proceed from the specific situation.

To register a person without his presence, you will need a power of attorney. A person authorized by the registered entity must appear for an appointment with a state body.

The following authorities accept documents:

Housing offices: housing departments, homeowners' associations, housing cooperatives, management companies.
MFC.
Divisions of the Ministry of Internal Affairs for issues of registration of citizens.

Registration without the personal presence of the person being registered with his passport is possible through special registration departments created at the housing administrations. You should contact them during reception hours, providing the necessary package of documents.

To register a person without his personal presence you will need:

Passport and military ID of the registered citizen.
Representative's passport.
Power of attorney executed by a notary.
A certificate of departure from the previous place of residence, if the person has been deregistered.

Having found out in advance whether a person’s personal presence is necessary when registering at the passport office, and having prepared a package of documents, all that remains is to fill out the registration application form (on Form No. 6) upon registration. This can only be done by a representative of the registered person.

The owner of the property must appear at the reception, and if there are several of them, then all co-owners, with a passport and documents for the apartment. The owners must give written consent to the registration of a new tenant.

What does the legislation say?

Is it possible to register a person without his presence?

Yes, you can register without being present in person, although such a procedure is not directly provided for by law : a citizen may suffer from an illness, leave for an important issue in another place, or not have such an opportunity for another reason.

What laws govern it? Registration issues are subject to the following regulations:

Order of the Federal Migration Service of the Russian Federation dated September 11, 2012 N 288 (as amended on January 19, 2015) and the Administrative Regulations for the provision of citizen registration services by the Federal Migration Service approved by it;
Decree of the Government of the Russian Federation of March 5, 2015 N 194 “On amendments to the Rules for registration and removal of citizens of the Russian Federation”;
Decree of the Government of the Russian Federation of July 17, 1995 N 713;
as well as the Family and Housing Codes of the Russian Federation.

However, none of these acts contains instructions regarding the possibility of registration without personal presence, except for paragraph 31 in Decree of the Government of the Russian Federation No. 713, which clearly provides a list of situations when a citizen has the right not to be present.

But this list does not include a case of illness, absence, etc. On the other hand, the need for presence is not mentioned anywhere, only the filing of an application, which may well be written by his representative .

The FMS government services website clearly states that one of the ways to submit documents is through a legal representative, from which one can conclude that this procedure is realistic.

Considering the tight deadlines (7 days) for registering at a new address and the purely notification nature of registration, the permission of the FMS authorities to carry out this procedure through an authorized representative greatly facilitates the solution of this problem for many who cannot personally witness their appearance at the citizen reception window.

Registration by proxy

Registration at the place of residence with a power of attorney from the applicant is a common practice. For this, a special form issued by a notary is used. The document specifies the powers of the representative.

When issuing a one-time power of attorney, you need:

passports of the parties;
certificate of registration of ownership of the apartment;
an extract from the house register about leaving the previous place of residence.

The document is certified where the citizen is: at home, in the hospital, and so on. Sometimes the assistance of a person is required to sign a power of attorney for a person if he is unable to do so, for example, due to physical limitations.

The document certified by a notary must be submitted to the registration authority of the passport office.

Temporary registration by power of attorney is carried out in the same way, with the only difference that the document specifies the terms of registration. As you know, citizens planning to live at a specific address for more than 3 months must register with the migration authority or submit documents through the MFC. Registration will take about 3 days.

To register a child under 14 years of age at the address of his parents, the owner’s consent is not required. The participation of the father and mother is required for registration.

Employees of departments of the Ministry of Internal Affairs may not accept the application of one of them. If it is impossible to ensure their simultaneous presence, a power of attorney is drawn up confirming the second parent’s consent to the child’s registration. This provision dispels doubts about whether it is possible to register a child by power of attorney.

Also, sometimes a notary draws up a document with extended powers, including a clause on the right to register a minor at the address provided by the applicant. In this case, the latter must have the status of the child’s legal representative.

Refusal of registration by power of attorney

Russian legislation does not specifically indicate whether it is possible to register by proxy from the owner, nor is there a direct prohibition. However, registration will definitely be denied if:

the power of attorney is not notarized;
it does not indicate the authority to register another person;
the application was completed incorrectly;
the title document has not been provided;
The documents contain technical errors.

And yet, in general, you can register by power of attorney without the presence of the owner, if you provide all the documents and use the help of a notary.

Can the owner write out a registered person without his presence?

I am the sole owner of a one-room, privatized (by me) apartment. 3 years ago I registered my common-law wife and common child as her. At the moment, she and her child have been living with her parents for 2 years. I want to sign her out of the apartment. How can this be done without her consent and presence? Which authorities should I contact?

What actions to take and where to go? How to do it? These questions are very difficult for those who are faced with the issue of eviction for the first time. Our task is to talk about how the discharge procedure takes place, and most importantly, what grounds allow this to be done.

Registration through the State Services portal

To save time, it is worth submitting an application for registration through the State Services portal. Algorithm of actions:

Select the type of service received: electronically or through a personal visit to the department.
Log in to the portal.
Fill out the electronic application with the required information.
Submit your application and wait for the results of its verification. Interaction with the client is carried out through a personal account. The notification comes to the mobile application or email

At the specified time, you need to bring the documents to the department of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs, where they will put a mark in your passport about registration at your place of residence.

Find out in more detail how registration is carried out through State Services.

About the nuances of discharging a person without his presence if I am the owner

Concluding a purchase and sale agreement, the object of which is an apartment. In this case, everyone who is registered in this territory must sign out, including the owner of the premises. The same applies to cases when an apartment is taken from a citizen for debts.
Deprivatization procedure. With this procedure, all owners and tenants must be deregistered, since the apartment from private property becomes state property. After concluding a social tenancy agreement, all former residents have the right to register back.
Conclusion of a gift agreement. If the owner of the premises decides to donate his property to another person, then he is obliged to register other persons.
Deprivation of liberty of a registered person or the occurrence of his death. To prove these facts, it will be necessary to provide the relevant documentation to the accounting department.
Inheritance. When a will comes into effect, the new owner of the premises has the right to write out all the tenants from it, except for children who have not yet reached the age of majority.
Forced eviction. In particular, this basis applies when it comes to a communal apartment. If a person constantly violates the rules of residence and is not the owner, then the remaining residents have the right to file a claim in court. Once they receive the judge's decision, they can legally evict him.

If a person registered in the square is absent for a long time, along with a request for discharge, it is possible to request in court to recognize him as dead. Provided that he has been missing for more than five years. It is imperative to provide the relevant report from law enforcement agencies or the prosecutor's office.

Common Questions

When registering for housing, citizens often have the question of whether it is possible to register a person in an apartment using a general power of attorney. The document allows you to perform registration operations in relation to the principal, but its text must contain a clear indication of the right to represent the interests of the owners:

draw up and sign an application on behalf of the owner;
provide and receive documents for an apartment and identity cards.

Some people are interested in how to register a disabled person of group 1 without his presence. It must be emphasized that deregistration in such a situation is not necessary. When registering at a new place of residence, deregistration is carried out automatically. Registration of a disabled person is also carried out on the basis of a power of attorney certified by a notary. The personal presence of the person is not necessary; only his passport data is required.

We will also mention whether the child’s presence is necessary when registering him. To register a minor, only the presence of parents or the notarized consent of the absent person for registration is required. The child's visit is not required.

How to expel a registered person from a house if I am the owner - answers from a specialist

If a citizen does not live in the property where he is registered for a long time, and his actual place of residence is unknown (although the tenant is not declared missing), then the owner has the right to initiate a lawsuit, and then, based on a legal decision, discharge the citizen from a private home.

the person has been missing for more than 5 years, and there is no information about his whereabouts;
more than six months have passed since he disappeared under openly life-threatening circumstances;
a combatant disappeared under unclear circumstances more than 2 years ago.

Is it possible to discharge and register a person without his presence?

If a person is absent from the place of registration for a long period of time, and the owner knows the whereabouts of this person, then the easiest way is to resolve the issue by mutual agreement. That is, the tenant must contact the relevant authority with a personal application for a special discharge. The FSM employees will not have any questions in this regard.

Having entrusted the extract to a representative, you need to have the documents certified by a notary. The owner may not certify all the papers. It is enough to put stamps on the power of attorney (ordinary, not general!) and the application (form No. 6). The remaining actions will be performed by an authorized person - a relative, lawyer, acquaintance, etc.