The need to temporarily register a minor at a new address may arise due to various life circumstances. When moving to a new place of residence with their parents (other legal representatives), minors are registered with them for up to 90 days, as otherwise they risk receiving an administrative fine for failure to comply with registration rules.
It is noteworthy that not only a citizen who lives for more than 90 days in a given locality without registration at a specific address will be fined, but also the homeowner who provided living space for a fee or free of charge and did not monitor the registration of residents. Individuals and legal entities are subject to a fine as an administrative penalty.
Today we will talk about the temporary registration of a minor child, as well as the consequences for a homeowner who decides to register a child in his living space.
Legal requirements
Is it possible to temporarily register a minor child?
Long-term stay of citizens of the Russian Federation not at the place of their main registration requires the FMS authorities to be notified of this fact.
Moreover, these norms apply to all citizens , regardless of their age.
Do I need temporary registration for a child? Registration at the place of residence of a minor citizen is mandatory .
The procedure is set out in the Registration Rules approved by Order No. 288 of the Federal Migration Service of 2012. Article 20 of the Civil Code of the Russian Federation contains a requirement for a child under 14 years of age to reside and register at the address of his parents’ residence.
That is, a child can be temporarily registered at any address only together with one of the parents. Separate registration is possible only from 14 years of age and with parental consent.
Parents of a child who is not registered while living in another city for more than 90 days will be fined. According to the Code of Administrative Offenses (Article 19.1), the fine for such an administrative violation is from 2,000 to 5,000 rubles. In Moscow and St. Petersburg, you will have to pay from 3,000 to 7,000 rubles for the same offense.
The FMS has the right to impose penalties not only on the child’s parents, but also on the owner of the premises in which he lives without registration.
You may be interested: is it possible to obtain child benefits with temporary registration without registering the child?
Where to contact?
How to register a minor in this case?
This type of registration of a minor is subject to the same general rules that apply to an adult .
What is needed for this procedure? There are no actual differences between age categories.
Where is this procedure performed? The procedure is carried out by the Federal Migration Service (FMS). Citizens of the Russian Federation have the right to contact institutions both at the address of their main residence and their current stay. In simple terms, you need to go to the “passport office” .
Target
Registration at the place of residence of a minor child is necessary for the exercise of his social rights :
- Devices in the op-amp .
Although registration is not a prerequisite for a child’s admission to an educational institution, if he lives in another region, this may become an obstacle. Managers are obliged to primarily accept children living in the area where the educational institution is located. A child who does not have a temporary registration will be forced to attend a school or kindergarten located far from their place of residence. - Getting medical care.
- Receiving benefits.
obtaining child benefits for temporary registration is quite relevant Often social workers refuse to register it, although this is not legal.
It is legally possible to apply for child benefits if the mother and child are registered at a place other than their primary residence .
To do this, you must submit a certificate from your main place of registration stating that the benefit was not issued at this address and is not being paid . If you have this certificate in the package of payments required for registration, you can receive them by temporary registration.
You might be interested in: mortgage benefits for large families
One-time benefit for the birth of a child: step-by-step instructions for registration.
What is needed to temporarily register a child?
Design rules
How to get a temporary registration for a child? Temporary registration of a minor child at the place of stay under 18 years of age is carried out according to general rules . To do this, parents of a child under 14 years of age contact the territorial branch of the FMS or MFC and fill out an application . A child from 14 years of age writes an application independently in the presence of his parents.
What documents are needed for temporary registration of a child? The following are attached to the application:
- Birth certificate or passport of the child.
- A rental agreement for premises with a notary visa or a statement of consent from the owner.
- Certificate of registration of one of the parents.
Temporary registration in a municipal apartment will require obtaining permission from local authorities.
If one of the parents has temporary registration at this address, the consent of the owners and the provision of a rental agreement are not required.
The child is registered on the basis of the Parent's Certificate of Registration, which is necessarily attached to the package of documents.
Is it possible to temporarily register a minor child without parents ?
Is it possible to temporarily register a minor child?
The legislation provides that, regardless of a person’s age, temporary registration of individuals is required in cases where citizens live in a certain territory for more than the maximum permissible period, which is 90 days.
Registration of children at a specific address gives them the right to temporarily reside in the premises without the possibility of participation in the housing registered in the privatization.
Registration is carried out in the regional structures of the Federal Migration Service authorized to carry out registration after providing all the documents necessary for this procedure.
Registration of children involves the child’s parents applying, and in other cases provided for by law, his closest relatives, guardians or legal representatives to the relevant regional offices of the Federal Migration Service with a prepared package of documents and waiting a few days for a positive result.
Separate from parents
Is it possible to temporarily register a child without parents? temporarily register a child without parents only when he or she reaches 14 years of age . From this moment the citizen enters into the rights of limited legal capacity.
This means that he can, at his personal request, live in any place , but subject to obtaining the consent of one of the parents.
Are children registered temporarily with the consent of one of the parents, for example, only the mother? Some FMS employees make illegal demands to obtain the consent of both parents .
There is no such requirement in the Registration Rules, which means that a child can be registered temporarily in the presence and with the consent of one of the legal representatives.
For a temporary type of registration separately from their parents, the teenager must contact the FMS or MFC together with their parents and write an application. The mother or father accompanies the child and writes a statement of consent for his temporary registration.
A child can register separately from his parents only in the living space of a close relative . The relationship with this person will need to be documented. Registration with a stranger is only possible for a teenager over 16 years of age who has undergone the emancipation procedure.
Consequences of registering someone else's child in the event of the death of the apartment owner
We will not consider the situation with the will - it is understandable. The apartment will go to the person indicated as the heir. The latter will have to discharge third-party people through the court after he takes over his rights. This means that for at least a year (six months for inheritance plus six months for litigation), someone else’s child and parent will use the apartment as they want.
The option without a will is even worse. According to Russian laws, a person who lives with the owner for a year is recognized as a member of his family and has the right to inherit a share of the property. Thus, someone else’s child may deprive the legal heirs of part of the apartment.
Timing and cost
Registration at the place of stay is completed within 3 working days . Sometimes the process can take up to 1 week. After this time, a citizen under 18 years of age is issued a Certificate of Registration at the place of residence.
In some cases, the child is included in the Certificate of Registration of one of the parents.
The registration procedure for citizens of the Russian Federation is carried out without paying a state fee .
Citizens of other countries need to pay 350 rubles and submit a receipt along with other documents.
Responsibility for fictitious registration
Russian legislation provides for liability for any unlawful actions.
Citizens who have carried out fictitious registration will bear administrative responsibility for their actions. Russian legislation, namely Article 19.1 of the Code of Administrative Offences, provides for a fine in the amount of 200 to 500 thousand rubles or imprisonment for up to 36 months.
Submitting an application through State Services
How to temporarily register a child via the Internet? Currently, any registration is possible by preliminary remote submission of an application . To do this, registration on the State Services portal is required.
After registration, the citizen receives a login, password and electronic signature, and government services become available .
The documents required for the procedure are scanned and uploaded to the “FMS Services” . An application form is also filled out there, indicating the address, registration deadlines and a list of attached documents. The system will inform you that the form has been filled out correctly and will indicate possible errors. Once the form is filled out correctly, the application will be accepted. When the registration document is ready, an invitation to receive it from the FMS will be sent to your email address.
Parents or children will be able to pick up the completed document within three days . You need to visit the FMS on time, otherwise the application will be canceled and will need to be submitted again.
Rights and obligations of the registered and owner
Registration on the territory of living space belonging to another person does not give the registered person any property rights . The registered person may use the premises for residence for the period specified in the Certificate.
The owner of the property may at any time cancel the Certificate of Registration and evict the registered person from his/her living space. The consent of the registered person or his representatives is not required for this.
These rules apply to both adult citizens and children under 18 years of age.
Temporary registration of a child - why is it dangerous for the owner? What could be the consequences? After registering the child at the place of stay, that is, the official move-in of a new tenant into the apartment, the amount of utility bills will increase.
Moreover, responsibility for payment will fall on the shoulders of the owner of the premises. If the move-in took place on the basis of a rental agreement, the owner of the rental property must pay the appropriate tax in order to avoid problems with the tax authorities.
The owner, at his own discretion, can cancel the Certificate and evict the registered person at any time. The presence of a temporary resident is not required for this.
However, with minor citizens, things in this situation are different. To deregister a minor without consent, you will have to wait until the end of the registration period or obtain permission from the guardianship authorities.
What are the risks for the owner? If the mother or father does not have a permanent place of residence, the child will remain registered in the living space . Moreover, if a child has a registration for a longer period than his parents, they can extend their registration on the basis of a Certificate of Registration of the child at the place of stay.
This point should be taken into account by the homeowner who moves a family with minor children into his apartment and gives consent to registration, otherwise he will have to go to court .
The trial and eviction of such a family may drag on indefinitely, since the court will in any case defend the rights of minors .
What are the consequences of registering someone else’s child if the apartment is for sale?
Transactions with an apartment in which a minor is registered are possible. The law allows this to be done if the child is not an orphan. However, the cost of such housing is falling sharply. The new owner has the right to remove old residents from registration, since they are not members of his family. But who wants to sue if the supply on the real estate market greatly exceeds the demand for it?
Sometimes the ex-spouse, not having the legal opportunity to quickly discharge the ex-partner with someone else’s child, gives living space to relatives. The hope here is that the new owner will easily remove unwanted tenants. However, if the court determines that the transaction was made with the aim of circumventing the law and violating the rights of a minor, it will be declared invalid.
Note! Alienation of an apartment is also possible upon execution of a purchase and sale agreement. In this case, the buyer will lose his home and, most likely, will have to wait a long time for his money back.
