Is it possible to expel a minor child from an apartment?

Is it possible to do this?

You can check out of an apartment through the government services portal; moreover, this is perhaps one of the easiest ways to deregister. After all, instead of 2 visits to the passport office, you will need to come there only once, immediately in order to put the appropriate stamp in your passport.

To check out of an apartment through government services, you will need little - scans of the necessary documents, Internet access and 10 minutes of time to fill out the data.

How to immediately register in another housing?

On the same portal, in addition to the deregistration service, there is a section on registration at a new place of residence. If a person needs to immediately register in another housing, then there is no need to fill out deregistration information ; the person will be discharged automatically after submitting an application for registration.

There is another option: when filling out the deregistration field, you can immediately fill in information about registration at your new place of residence. To do this, you will need to provide information on the new housing (address, documents for the apartment).

Services on the portal are not subject to state duty and are free.

Still have questions?

Consult a lawyer (free of charge, 24 hours a day, seven days a week):

Read more: Residential inspection report sample for guardianship

Attention! Lawyers do not make appointments, do not check the readiness of documents, do not advise on the addresses and operating hours of the MFC, and do not provide technical support on the State Services portal!

Discharge of a minor from a living space is a complex process that requires high awareness of the legislative framework of the identified issue.

And also compliance with all conditions of the guardianship authorities, if the child is small.

The main features of this process are the form of ownership of the living space.

Algorithm of actions

In order to check out of an apartment through the government services website, you must first register there. When registering, fill out the data forms. Data verification usually takes from 3 to 15 minutes, after which the user is sent a password and login from their personal account.

Next, you need to make sure that you do not have utility debts - this can be done in a single account. After completing the registration procedure on the portal and checking the debt, you can proceed directly to check-out from housing (the right to remote check-out from an apartment is prescribed in Order 288 of the Federal Migration Service of the Russian Federation).

To do this you will need to repeat the following steps:

1. Go to the government services website.
2. Select “services for individuals” - “by department”.
3. Select the FMS window.
4. Next, in the list that opens, click the button on the left “Registering citizens of the Russian Federation at their place of residence.”
5. On the right there will be a description of the services, select the “deregistration” button and click the “receive service” button in the top right corner.
6. Next, a document confirming the verification of your personal information will appear in the main window. You must confirm your consent to data processing.
7. After consent, a form appears with personal data that you will need to fill out.
8. The next step is to fill in information about the apartment from which you need to check out and about the new place of residence (if known).
9. After filling out the data, you need to click the “submit application” button.

That's all. The application for deregistration from the apartment has been submitted, all that remains is to wait for a notification from the FMS with an invitation to the department in order to put a stamp.

Required documents

In order to apply for an extract from an apartment through government services, you do not need to collect a large number of documents.

Therefore, it is worth preparing:

1. Passport.
2. Certificate of housing.
3. If the house is an apartment building, then you will need an extract from the house register.

These documents are provided if the applicant is the owner of the apartment and registers himself. In other cases, additional documents :

1. Certificate from guardianship (if a minor needs to be discharged).
2. Power of attorney (if the applicant signs another person).
3. Death certificate (if the person being discharged is no longer alive).

A copy must be made for each document. After reconciling the data, FMS employees will put the necessary stamp on removal from the register.

Deadlines

Registration of an application on the government services portal takes up to 3 days . After this, a message is sent by email from the Federal Migration Service, in which the person is invited to an appointment for a stamp.

As for the time spent at the inspector’s desk, the whole procedure takes literally 5 minutes.

Registration via the Internet for citizens under 14 years of age

Minor children are registered at their parents' address. A separate registration certificate is issued for them. No marks are placed either in the passport of adults or in the birth certificate of a child.

If the mother and father are divorced or are registered in different places, the child must be registered at the place of residence of one of the parents.

To register a citizen of the Russian Federation under 14 years of age, a simplified account is used. It differs from the standard one and is confirmed by a minimum of information.

In order for the child to receive the full range of government services, this simplified account is attached to the account of one of the parents in the system. It should already have a confirmed status.

How to create a simplified account for a minor

For those who are interested in how to register a child with State Services, but do not know where to start, we have prepared a detailed guide.

The first thing you need to do is visit and find the “Register” button on the right side of the page.

In the window that opens, fill in your full name, phone number and email address. This is all the data that is needed to register a simplified account.

After clicking the “Register” button, the user will receive an SMS message or e-mail with a password to activate a new account. He must copy the combination, enter it on the website in the appropriate field and come up with a unique password to enter the account.

Attaching a simplified entry to your account

The next step is to attach your child’s account to yours. To do this, you first need to enter information about the baby into your account.

1. Log in to your personal account (PA).

2. Enter your username and password.

3. In your account, go to your personal account by clicking on the icon next to your last name at the top right.

4. In the window that opens, go to the “Personal information” tab – “Show all personal data”.

5. From the proposed options, select “Add information about the child.”

6. Fill in the fields that open after clicking the plus sign. We advise you to use original documents to avoid mistakes.

7. Fill in the compulsory medical insurance policy number and click the “Save” button, after which information about the child will appear in the parent’s account.

To synchronize two accounts, you must follow these steps:

• In the parent’s personal account in the “Information about children” section, copy the binding code;

• log into your son’s (daughter’s) account in the “Documents” section, enter the data from the birth certificate (number and date) and save the record;

• click on the “Bind” button that appears next to the certificate data;

• paste the code copied from your account into the window;

After this, a notification will appear to synchronize the two accounts.

How to sign a person out through the portal?

It is impossible to sign a stranger out of your apartment through the public services portal. Unfortunately, this service is not provided electronically. The discharge of strangers must be carried out upon their personal visit to the passport office or MFC. If the owner wants to write a person out of his living space, but this person does not make concessions, then deregistration must occur through the court .

However, there are exceptions to every rule. In this case, this exception applies to deceased relatives, people whose official representative is the applicant and his minor children.

Evicting a child

In order to discharge a child from an apartment through the government services website, you just need to fill out the appropriate column in the proposed electronic window. Before this, you should visit the guardianship authorities and obtain a certificate from them stating that they have no objections to the child’s relocation.

When registering a new place of residence for a child, it is necessary that one of his parents register at the same address.

When visiting the passport office, the child’s legal representative, in addition to the minor’s passport, will need to present the child’s birth certificate or passport and a certificate from the state guardianship authorities.

Juvenile registration laws

Russian legislation strictly protects the rights of minors. That is why all legislative acts related to permanent registration protect the interests of children as much as possible:

1. Before reaching the age of majority, children have the right to live with their parents or one of them, or other legal representatives (adoptive parents, guardians, trustees).
2. If the father or mother is the owner of the living space, the baby, without any additional permissions or approvals from other owners, can be registered in this territory.
3. A son or daughter registered in the housing of one of the parents receives rights to this property.

Read more: Tax on purchases in foreign online stores

Important! Control and supervision of compliance with legislation regarding the registration of minors and compliance with their rights is entrusted to representatives of the guardianship and trusteeship authorities.

How to discharge a child from an apartment through government services

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Features and Limitations

Only an application is submitted on the State Services website; to obtain an extract, you need to visit the FMS once (where you can apply for an extract - the FMS, the passport office or other authorities, you will find out here).

However, FMS employees often refuse to write through a power of attorney in order to avoid fraud.

This opportunity is available only to citizens of the Russian Federation.

How to check out of an apartment via the Internet and who has the right to do this? The following citizens can use the service :

1. Citizens who have reached the age of majority. They fill out and submit the application themselves.
2. Minor citizens over 14 years of age. They write and submit an application themselves.
3. Children under 14 years old. In this case, the application for discharge is submitted by parents or guardians.
4. Incompetent citizens. The application is also submitted by a representative.
5. Citizens discharging temporarily registered persons from their apartment.

According to the law, a minor child cannot be discharged without subsequent registration . In this case, registration should be carried out immediately after discharge. You can find more information about the rules for releasing minors here.

If a child is discharged “to nowhere”, there are no fines for adult citizens. But if there is no registration for more than a week without good reason, a fine is issued.

Documents for receiving the service:

1. Passport or equivalent document.
2. The departure address sheet (filling sample and form) can be printed and filled out at home.
3. When submitting an application for an incapacitated or minor citizen, documents confirming this right are required.

We describe in a separate article what documents may be required for discharge in various situations.

Application for discharge

When a citizen is under 14, the application is submitted by his parents. The presence of a child is not necessary. When a citizen is over 14, the application is submitted by him personally, but subject to the consent of his guardians.

The document must indicate:

1. Full name of the Department of Internal Affairs of the Department of the Ministry of Internal Affairs at the place of current residence (that is, where the child is being discharged from).
2. Information about the minor (his name, date of birth).
3. Passport information or information from your birth certificate.
4. Information about the minor's parents or guardians.
5. Address of the home from which the child is being discharged.
6. The address of the home where you are registering.
7. The main text containing a request to cancel the registration at the current address and register it for a new property.
8. Date and signature. The signature of the guardians if the child is under 14, and the signature of the parents and the subject if the child is over 14.

Below is a sample application for discharge of a minor child:

Actions after submission

We found out how to check out of an apartment while in another city through State Services. What to do next?

Your application is processed within 3 business days . Then an invitation comes to visit the FMS office. You need to come there within 3 days along with all the necessary documents.

In case of failure to appear, the application will be cancelled . In this case, it will have to be submitted again.

Sometimes applications are not accepted . Then you need to personally contact the FMS. At the department, they check the compliance of the entered data and give you the opportunity to sign the departure form. Then they put a stamp in the passport indicating deregistration.

Deadlines and possible costs

An electronic application filled out using the Unified Portal of State and Municipal Services service is reviewed within 3 days. During the specified time, the citizen is given a notice of the date and time of appearance at the relevant department. The applicant does not even have to wait in line, because the arrival time has already been fixed.

It is important to mention that changing registration at your place of residence is a completely free procedure.

You just have to carefully fill out the electronic form, relying on the available documents, and then wait for a call to the Main Migration Department of the Ministry of Internal Affairs to put the proper mark in your passport.

The procedure for changing your registration may be necessary for every person, so we studied it with special care. On our website you can find out how long it takes to register after discharge, how to change registration through the MFC and what documents need to be changed after it.

Extract and registration through State Services

The endless bustle of our lives forces us to look for simplified ways to prepare documents. Internet services allow you to submit applications without leaving your home. This is especially true when checking out and registering in an apartment. The turmoil of everyday life when moving to a new place of residence leaves virtually no free time. The State Services portal comes to the rescue - it allows you to submit an electronic application and obtain registration within 10-15 minutes.

After reading our article, you will learn how to sign up and register through State Services.

Is it possible to register a newborn child through State Services and MFC?

Since 2015, the procedure has become available through the MFC and the State Services portal. Now, in order to submit documents, it is not necessary to stand in queues at the passport office, waiting for an appointment.

Registration through a special portal and the Multifunctional Center is possible on the basis of FMS Order No. 288 dated January 19, 2015. The amendments to the law made it possible to relieve the burden on the FMS departments. Citizens are given a choice: they can contact both the passport office and the MFC, and submit documents through State Services.

Reference! In some cities, especially with a small population, the MFC may not provide a full range of services. Also, registration through State Services is possible mainly only for residents of megacities and cities of federal and regional significance.

This application system has not yet been perfected, but every year it becomes more accessible and popular among the population.

Is it possible to check out of an apartment through State Services?

Before considering the issue of remote discharge, you should refer to the provisions of the law. The procedure for deregistration is enshrined in PP No. 713 dated July 17, 1995. It has been established that citizens can use an extract from an apartment through State Services. At its core, this is an alternative option to visiting the migration office.

The convenience of the portal is the provision of up-to-date information. When ordering an apartment checkout, the user receives information about the readiness of the service. Notifications come in the form of SMS messages or email. Below we will look at the instructions for extracting and registering at a new address.

If it’s easier for you to go to the MFC in person, read our instructions in the article “Registration and check-out from the apartment.”

Deregistration of an applicant who is located in another city

It is also possible to check out of an apartment while in another city through State Services. The deregistration procedure is completely similar to the one above.

The deadlines and actions that need to be taken after completing the application remotely are similar. After the same three days, the applicant brings the necessary documents to the migration authority or passport office and receives a departure slip.

Is it possible to change registration remotely?

The registration of citizens at their place of residence is carried out by the Migration Department. Previously, personal presence was required to be discharged . Today, in some situations, it is possible to do this remotely.

The following points are important:

1. Registration type:
   temporary>;
2. constant.

When leaving an apartment with temporary registration, it is not necessary to undergo the procedure at the Department of Internal Affairs of the Ministry of Internal Affairs.

Deregistration occurs automatically upon expiration of the specified period of validity of the temporary certificate. If you have a permanent residence permit, you can sign out remotely using a power of attorney certified in advance by a notary.

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3. Whether further registration at a new place of residence is expected or not. If you plan to check out from your old address and simultaneously register in another apartment, then it is not necessary to apply for deregistration.
   Upon receipt of a new registration, UVM employees will carry out an extract from the previous place of residence remotely and put a corresponding mark in the passport. If you only need to check out without personal presence, without further registration, then you will need a notarized power of attorney (read about how to draw up such a power of attorney for checkout from an apartment here).
4. Does the local UVM office allow remote discharge? — not all territorial departments of the migration service allow remote checkout from an apartment (read about how to check out of an apartment while in another city in order to register there). Such measures reduce the risk of fraudulent activities in this area. When contacting a specific service department, check in advance whether it is possible to deregister without personal presence.
   Services such as the MFC and the State Services portal will help to significantly reduce the time of document flow when deregistering.

   Reference! You can submit an application through these services, but the personal presence of the applicant or his legal representative at the Department of Internal Affairs of the Ministry of Internal Affairs is still necessary.

Nuances

• To receive services via the Internet, you will need a certificate from the house register.
• Checking out through the State Services portal is possible only if there are no debts on utility bills (read about whether you can check out of an apartment if you have a rent debt, and from this article you will learn how to check a person out of an apartment if he is not there) lives and does not pay for it).
  If there is arrears for the apartment, the service may be denied. Important! If you need an urgent statement, for example, when selling an apartment, take care of paying off all utility debts in advance.
• Extract through State Services is not available in all regions. Whether it is possible to apply for an extract via the Internet, you need to check with the local department of the UVM.

How to check out and register through State Services?

Submission of remote applications is available only to authorized users of the Unified State and Municipal Services portal. If you do not yet have a Personal Account on the site, you need to create one. Registration is not particularly difficult - everything looks quite transparent and takes 3-5 minutes. Prepare your passport, SNILS and INN - the system will tell you how to create a login and password to enter the portal.

Extract and registration through State Services are two different procedures. Before registering at a new address, you need to deregister from your old apartment. Therefore, we begin the process through State Services with an extract.

Instructions for leaving the apartment

Step-by-step instructions on how to check out of an apartment will help you fill out all the fields of the electronic form and upload documents. So, let's begin:

• Go to the State Services website and click on the item on the right “ Personal Account ” (with a blue key). You will see a login form to the site. Enter login and password. If you have forgotten your password, request it via the “Recover Password” link (a message with further instructions will be sent to your email or mobile phone).

• Open the menu on the main page ".

• Open it with a mouse click, and then select “ Removing a citizen from registration at the place of residence ” (or stay).

• The page that opens contains all the information about the service provided. For example, you can find out about the terms of the statement – ​​3 working days, the cost of the service – free, etc. Oh and click on the blue “ Get service ” button.

• An electronic application form for deregistration will open in front of you. Take your time to fill out personal information, pay attention to ALL fields. Most likely, your full name and passport details will be registered automatically (after registering on the site).
• In the “ Applicant Type ” field, select the first option. If you are deregistering a child under 14 years of age (not older), then select the third item.

How to remove a minor from registration

As noted earlier, the procedure depends on the form of ownership of real estate. Some rules for the discharge of a minor depend on this.

The procedure for discharging a minor does not depend on whether you are discharging your own or someone else’s child.

It is worth understanding that without the consent of the child’s parents, it will not be possible to remove him from the registration register.

When an object is privatized, it is necessary to establish whether the minor is the owner of at least a certain part of the property.

If he is the owner of at least some part of the home, then the parents undertake to settle in the acquired property as soon as possible and provide documented rights to the new home. Written consent to the procedure from all other owners of living space and social services is also required.

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In the situation with a state apartment, the conditions are simplified. Then the application simply indicates the expected address where the family plans to move.

You can discharge a minor following the sale of a privatized apartment in which the child owned part of the living space in accordance with the following algorithm of actions:

1. First of all, a certificate containing a list of persons registered in the living space is provided. This paper can be obtained from the passport officer.
2. Based on the certificate, both guardians (even if their marriage is annulled) are sent to the guardianship authorities with a request for permission to move the offspring. When a teenager turns 14, he will have to report to the service together with his guardians.
3. Then, if there are no complaints, a permit is issued after two weeks.

If the deregistration occurs from an apartment in which the child does not own property, the procedure will be simplified. Then the parents draw up technical documentation for the new property, skipping the stage of obtaining permission from the social authority.

Is it possible to register minors?

The registration of minors deserves special consideration. Turning to the law, you can see that children under 14 years of age must live with their parents (Article 20 of the Civil Code of the Russian Federation). Having reached 14 years of age, a child can live separately from his parents, but only with their consent.

The procedure for registering a child in an apartment through State Services is practically no different from those described above. The only requirement is to create a Personal Account for a child if he is already 14 years old. Consequently, from this age a minor can fill out an application independently. Children under 14 years of age are under the care of their parents. Registration is carried out on the basis of electronic applications on behalf of the parents.

The features of registration of newborns are somewhat different:

• Registration with the mother does not require the consent of the father.
• Registration in the father's apartment requires the mother's consent.

Deregistration of children occurs in the same order. Read about this in the articles “Discharging a minor child from an apartment,” as well as “How to discharge a child in case of selling an apartment.”

Rules for deregistering a child

It may be necessary to discharge a minor child from the owner’s apartment for various reasons:

1. Moving parents to another city, region, region.
2. Purchasing other housing.
3. Divorce of parents and determination of the child’s place of residence with his father or mother.
4. Other reasons that do not contradict the law.

Regardless of why a minor needs to be deregistered at a specific address, it is necessary to follow a certain algorithm of actions:

1. A visit to a government agency involved in registering and deregistering citizens of the Russian Federation (FMS, passport office, housing office, MFC, etc.).
2. Provide the necessary documents confirming the applicant’s rights to a specific property, as well as the authority to move in/evict.
3. To remove a minor from registration at one place of residence, you must provide the address of the new place of residence. Moreover, if the owner of the new housing is not the applicant (mother, father, other legal representative), the presence of the owner of this residential property (for example, grandmother, grandfather, etc.) is necessary.

As a general rule, the discharge and registration of a minor citizen at a new place of residence is carried out simultaneously when submitting documents at the old and new addresses.

Advice! If you need to re-register a child, it is important to take into account the rule that his living conditions should not worsen. That is, if a minor citizen was registered in a comfortable apartment with all amenities, registering him in a village house without a minimum set of utilities is prohibited.

Important nuances

Discharging a minor child from an apartment is not difficult under standard circumstances. But there are situations that require special attention:

1. A minor citizen is the owner of real estate or part of it - written consent will be required from representatives of the guardianship and trusteeship authorities. It will take a long time to complete this document – ​​about 1 month. During this time, guardianship officials will check the documents provided by the applicant and make their decision on the application.
2. If a son or daughter lives with only one of the parents, the consent of the other parent must be obtained. If the mother or father does not live permanently with the children, he does not lose his parental rights and responsibilities in relation to the baby. This means he must know where his son or daughter will move for permanent residence, and also provide his written permission for such registration actions.

If the child does not live at his place of registration

Most often, questions about whether a minor child can be discharged from an apartment arise when the child does not live at the place of registration. For example, a minor citizen at birth was registered with his mother at the residence address of his grandmother or grandfather. Subsequently, the child’s parents were able to purchase their own living space, but left the registration at the old address. If the owner of a residential property does not agree with this situation, there are several options for solving the problem.

Peaceful way

The parties to the conflict should try to come to an agreement. To do this, it is enough to meet on neutral territory or discuss the issue over the phone. Most often, the child is registered with close relatives, so reaching a compromise is not difficult. If the parties reach an agreement, you will need:

1. Make an appointment with the organization that carries out registration of citizens.
2. Come at the appointed time in the required composition: the owner of the residential premises where the minor is registered, the owner of the apartment where the child will be registered and the citizen being registered, if he is already 14 years old.
3. Fill out the necessary documents (arrival sheet, departure sheet, etc.) and provide the required papers (passports, title documents for real estate, house register, etc.).
4. Wait for the results: extract from one living space and registration in another and documents confirming this (registration certificate and house books with adjustments made).

Judicially

If it is not possible to reach an agreement regarding the registration of the child, it is necessary to demand deregistration through the court. To do this, the plaintiff will need:

1. Correctly draw up a statement of claim and send it to the judicial authorities at the actual place of residence of the minor citizen. In this case, one or both parents act as the defendant. The plaintiff may demand an extract from the residential premises, as well as recognition of the minor as having lost the right to use the residential premises.
2. Prepare a sufficient evidence base, that is, provide confirmation that the child does not permanently reside at his place of registration. Evidence may include witness statements (neighbors, concierges, relatives), certificates from a kindergarten or educational institution, certificates from the management company, housing office, etc.
3. Personally attend the court hearing.
4. Receive a court decision in your hands.

Healthy! Whether the parents have their own living space will have a significant influence on the judge’s decision. Therefore, before the court hearing, you can obtain an extract from the Unified State Register of Real Estate about the availability of real estate from the father or mother of a minor.

Discharging a child from a privatized apartment or other living space is not difficult if the parents or other legal representatives act for the benefit of the minor and do not pursue selfish or fraudulent goals. Therefore, if such a need arises for the legal representatives of a minor or the owners of the housing in which he is registered, you just need to follow the established rules.

Documentation

Having dealt with the application on the State Services website, it’s time to talk about the documents for deregistration. Not a single extract or registration is complete without a package with documents for the apartment. This is especially true when moving into new housing.

What you need to prepare for registration:

• internal Russian passport of the Russian Federation (page with registration on the double page);
• extract from the house or apartment register;
• original birth certificate of the child;
• power of attorney (if all issues are handled by a third party) + passport of the representative;
• an extract from the Unified State Register or a certificate of ownership of the apartment.

The documents noted in the application must be duplicated as originals. A passport and a certificate of ownership of an apartment are presented upon a personal visit to the Department of Internal Affairs. Inspectors check the data entered on the website with information from the documents. If everything is in order, your passport will be stamped.

Price

Before submitting an application through State Services, the user may have a question, how much does the extract and registration cost? The remote option is free. You won’t have to pay for an extract when you personally visit a unit of the Main Department of Migration Affairs of the Ministry of Internal Affairs. But if you order the services of a trusted person, you will need to have the consent certified by a notary. The procedure will cost the amount according to the price list of the notary's office.

Brief conclusions:

• Anyone can deregister/register in a new place without leaving home - through the State Services website.
• To do this, you need to create a Personal Account.
• The electronic portal allows you to fill out an application on the Internet, and direct registration/registration takes place at the department of the Ministry of Internal Affairs or the Federal Migration Service.
• Information is entered in the “Registration at place of residence or stay” section on the State Services website.
• For children under 14 years of age, the operation is performed by parents, and older children can create a personal account on the portal themselves.
• De-registration is considered a free service.

What difficulties might you encounter?

After an invitation to the department, it is important to clarify the reception schedule.
The main difficulty that users face is making mistakes when entering data. However, if such a situation arises, the portal provides the possibility of canceling the application.

On the other hand, not every department allows you to do this in your personal account on the site. If cancellation of an application for a specific service is not provided, then an application with errors will be automatically canceled according to the review period established by the regulations.

Thanks to the State Services portal, it is possible to avoid standing in long queues for appointments

The Public Services portal is in demand throughout Russia. Thanks to it, users protect themselves from personal visits to authorities and standing in long queues for appointments.

Legal assistance

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
2. Call the hotline:
   Moscow and the Region
3. St. Petersburg and region