A person’s stay outside the place of permanent registration for more than 3 months is a reason for obtaining temporary registration. Such legal provisions are relevant for both adults and young citizens of the Russian Federation. Especially the nuances of the algorithm by which a child is registered at the place of stay should be studied by families who have registration in one place, but in fact live in another. The procedure, legislative norms, price and responsible authorities - we talk about these and other details of registration of temporary registration of children in this material.
Governing laws and regulations
The rules for temporary registration of a child are established in Order No. 288 of the Federal Migration Service of the Russian Federation, issued in 2012. Residence of persons under 14 years of age is determined by Art. 20 of the Civil Code of the Russian Federation, which establishes the place of residence of such a person at the registration address of one of the parents or guardian. Registration with second-order relatives or third parties is strictly prohibited.
Persons aged 14 to 18 years can register a child without parents, with written permission, in the dormitory at the place of study.
Registration without parents
How is a child registered without parents? In fact, there are no substantive differences in this case.
guardians or legal representatives can submit an application on his behalf . All they need is to prove the legality of their rights with the appropriate document.
There are other situations when the father and mother are (for example, working) abroad, and the child lives in Russia with his grandmother or other relatives.
If the child is under 14, then the chance to register without the participation of representatives is minimal.
You can try to come to the FMS authorities with your grandmother and a photocopy of the passport of one of the parents , but in this case you have to rely only on the leniency of the FMS workers.
If he is 14 years old, he can obtain such registration without any problems. He will only need the written consent of the parents, which they can write before leaving or, for example, scan and send over the Internet.
The important thing is that written consent has a much higher chance of success than typed consent on a computer.
Find out on our website how issues of registering a child are resolved if the parents are not married, as well as how to register a child with his grandmother.
Dates for issuing certificates
At the request of a parent or guardian, up to three working days are allotted to carry out registration actions. The time for consideration of the application can be extended to 8 days, if doubts arise about the reliability of the data and documents provided. The review period applies to both registration in a privatized apartment and municipal housing. The deadlines allotted by the legislator for checking documents begin from the moment the document is accepted and the appeal is registered in the general database.
The process of processing the request can be tracked using the registration number on the State Services portal.
What is required from the owner of the premises?
The owner of the premises where the child’s registration will take place will also have to provide the migration authorities with a certain package of documents:
- A document confirming ownership of a specific residential premises (certificate of ownership or extract from the Unified Register of State Rights);
- Consent to register the child (if the parents were not registered in this premises either permanently or temporarily);
- An extract from the house register (if any) about the number of registered persons at a specific address (necessary so that a specialist from the migration authorities can determine whether it is possible for a minor to fully reside in a specific premises without compromising his own interests).
In rare cases, it may be necessary to provide a rental agreement for residential premises (however, more often it must be provided by the registered persons or their representatives)
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If the person being registered or his parents did not fill out the registration application, then such an application must be drawn up by the owner of the premises and submitted to the migration authorities after checking the entire package of documents by the district commissioner.
Recovery of material damage by the employer from the employee and all the nuances. Correct calculation of sick leave is very important. Our detailed article was written by professionals specifically for this topic.
How to resolve the issue of sick leave pay after your dismissal - read here.
Options for temporary registration of a minor child
Life situations related to migration forced legislators to provide a procedure for registering different options for temporary registration of a child.
Temporary registration of a minor child without the presence of parents
Registration of minors without the presence of parents applies to persons over 14 years of age.
It is allowed for a child to live at an address different from the parents’ registration, provided the written consent of the father or mother is available. In addition to written permission to temporarily register a child, you need papers that give the right to carry out such actions: a certificate of admission to an educational institution, title documents for housing.
If a child has lost official representatives, he can be temporarily registered in the child's home or with designated foster parents. The procedure for registering a teenager without the presence of parents requires the consent of all legal representatives. If there is no compromise and there is a vital need for temporary registration of a child without parents, the issue can be resolved by filing a claim in court.
Temporary registration of a child for school
Temporary registration of a child is necessary to enroll the child in a school at his/her place of registration. The absence of a residence stamp is a residual reason for refusal of admission to an educational institution.
Some unscrupulous parents deliberately use the institution of temporary registration to obtain preferences - placing their child in the desired school located in another district or region. Despite the harmlessness of such an act, from the point of view of legal representatives, such actions are considered illegal, and if the fact of fictitious temporary registration for the purpose of enrolling a child in school is revealed, then the persons involved in the procedure (both parents and the owner) will face administrative charges. liability in the amount of 100 thousand to 500 thousand or restriction of freedom for up to 36 months.
This is important to know: What Moscow registration gives: advantages and benefits
Temporary registration for a newborn baby
To temporarily register a newborn in a residential area, you need:
- documents confirming registration at the place of residence;
- birth certificate indicating the citizenship of the child;
- application of the established form;
- certificate of absence of registration from the second parent (needed if such a situation exists).
The deadline for submitting documents to register a newborn is not defined by law.
Without the owner's consent
Registration of a newborn is carried out without the consent of the owners and persons living at this address.
This rule applies to both privately owned housing and those owned by the municipality.
The only requirement is registration at the place of residence of the parents.
The owner of an apartment or private house does not have the right to interfere with registration, either in the presence of permanent or temporary registration. Exceeding the accommodation standards is also not a reason for refusal to issue documents.
In mortgage housing
Upon concluding a loan agreement, ownership rights are transferred to the borrower at the time of execution of documents.
From this moment, the owner has the right to dispose of the property, except for its alienation until the loan obligations are repaid. Mortgage lending does not carry any encumbrances on the rights associated with the registration and registration of persons living in the apartment.
If the bank has written down this provision in the loan agreement, such a clause is worthless and can be canceled in court.
If a child does not have registration: consequences
If parents do not attend to the issue of registering their child temporarily within the time limits specified by law, they face administrative liability. IN
In Moscow and St. Petersburg, as cities of federal significance, the amount of the fine ranges from 3-5 thousand rubles, in the rest of the country - 2-3 thousand rubles.
The owner of the property who allows unregistered citizens to live in will also face punishment. In capital cities you will have to pay a fine of 5-7 thousand rubles, in other parts of the country - 2-5 thousand rubles.
Liability is also provided for in cases where a “fake” registration of a child at the place of residence is issued, for example, for a school. Thus, having registered someone for money without the intention of providing housing, the owner can be imprisoned for up to 3 years, sentenced to forced labor and pay an impressive fine (100-500 thousand rubles).
Where to submit documents to obtain a certificate of temporary registration of a child?
Citizens of the Russian Federation and foreigners should register by contacting the following services:
- Civil registry office to record the fact of birth and obtain the corresponding document;
- guardianship authorities to obtain supporting documents;
- FMS for registration of temporary registration at the location;
- local authorities that have the right to accept documents for their further transfer to the competent authorities.
This is important to know: Features of registration and payment of state registration fees, general concepts about registration
Bodies responsible for registration of temporary registration
All issues related to the registration of citizens are dealt with by the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation. The department has its own branches in almost all settlements of the country, and in small settlements this area is supervised by village councils.
In large cities, residents have several more opportunities to apply for registration at their place of residence: MFC and the State Services portal. Let's look at each of them in more detail.
A multifunctional center is an advantage of a big city
Organization of multifunctional centers to provide government services to many other authorities. After all, here, in addition to temporary registration, you can get a passport, license, tax identification number, certificate for maternity capital, as well as many additional “formal” certificates, for which you previously had to stand in line.
The service for obtaining temporary registration (like all others) is provided on a “single” window basis, by appointment. The collected package of documents is handed over to MFC employees, who check them and issue a certificate under the same conditions and within the same time frame as the GUVM branches.
Online registration through State Services
Another practical innovation that facilitates the registration process (both temporary and permanent) is the State Services reference and information portal. Through this service, the citizen enters the data of all necessary documents. After this, you need to wait for the papers to be verified in absentia and at the specified time come with the originals to a certain department of the Main Directorate for Migration and Migration.
After checking the data specified in the online application with the original documents, employees of the government agency issue a completed registration certificate.
Submitting an application through State Services
Many parents and guardians register their child by completing documents through the State Services portal.
To use the functionality of the site, you must register and obtain an electronic signature. Documents for remote application submission should be converted into electronic form and uploaded on the “FMS Services” page. The electronic application form is also filled out there, and the correctness of submission is automatically checked by the system. After processing the application, a notification of invitation to the territory will be sent to the email address specified by the applicant. FMS body for studying registration documents.
The documents must be collected within three days after receiving the notification, otherwise the application will be canceled and the procedure will need to be completed again.
Processing times and costs
The law allows a maximum period of 7 days for registration.
After this time, the parents of the newborn are issued a Certificate of Registration.
This is an official document confirming the legality of the child’s temporary residence at this address.
There is no state fee for issuing a document. The procedure is absolutely free .
Read our article about the procedure and timing for registering a newborn.
Rights and obligations of the registered and owner
A registered minor has rights and obligations similar to a person with full legal capacity.
Registration gives the right to use living space in compliance with sanitary standards and timely payment of utilities. The registered person does not have any property rights and cannot dispose of the property at his own discretion. The owner of a residential premises is given the right to register citizens and foreigners at his own discretion, as well as to cancel registration in the prescribed manner. But when trying to evict a minor, you should take into account that the proceedings may drag on indefinitely.
Legal requirements
Do you need registration for kindergarten?
Does registration affect kindergarten? Based on Order of the Ministry of Education and Science No. 293 and the Law of the Russian Federation “On Education” No. 273, all preschool institutions from 08/01/2006 introduced a requirement for registration in the area where the institution is located for priority enrollment.
With the adoption of these regulations, certain houses are assigned to each preschool educational institution. Children registered at their place of residence in this territory must be provided with places in the first place .
The right to enroll in a queue to attend a kindergarten near your place of residence is given by a document called a Certificate of Registration at the Place of Residence.
For information on how to obtain a certificate of your child’s place of registration using Form No. 9, read our article.
Why is it needed?
Why is this procedure necessary for a newborn? It will allow the child, albeit for a limited period, to still belong to a certain area of the city or settlement.
Temporary registration makes it possible to use the services of medical government organizations, in particular, clinics, hospitals, and emergency medical care.
It also allows parents, immediately after the birth of the child and the registration of documents for him, to stand in line at a kindergarten or school.
Pitfalls when registering children
First of all, it is worth understanding that an apartment owner who registers an adult with a minor child has certain risks. What are they?
- There are cases when a parent takes advantage of the fact that the child has been given a period of temporary registration longer than he has, the citizen takes advantage of this and registers under the child.
- If, after the expiration of the temporary registration period, the parents go to court with the fact that they have nowhere to register the child for permanent registration, the judicial authority may extend the temporary registration.
- The risk of non-payment of utilities is inherent in this procedure. Very often there are dishonest tenants who do not fulfill their direct obligations.
- There is a risk that the child will be mistakenly registered not temporarily, but on a permanent basis.
In order to avoid such situations, the homeowner must approach the issue of registering temporary residents in his apartment very responsibly. It is worth understanding and not registering strangers. If any difficulties arise, a citizen must immediately file a lawsuit to resolve this issue.
