Subject to the rules and fulfillment of prerequisites, every citizen will be able to register at the place of stay or actual residence. It would seem that collect documents and submit an application for registration - everything is extremely simple and clear, but it is not always possible to deal with this issue.
This raises a completely logical question: is it possible to register a person without his presence? This opportunity will be convenient for people who are on a business trip or who are unable to arrive at their actual address.
The law allows you to use this way out, but a number of features must be taken into account. You can find out more details from the presented article.
General scheme for obtaining registration in an apartment
Registration issues are quite strictly regulated by certain provisions of legislative acts. In fact, registration is a certificate of a citizen’s rights to live in a home.
Obtaining a residence permit requires step-by-step actions on the part of the citizen:
- Collecting mandatory documentation and contacting the passport office at your place of residence or stay.
- Submission of a standard application, together with a package of documentation.
- Handing over the application and passport for stamping.
This option is considered standard and is used by the majority of Russian citizens. There is another option for registering a residence permit - submitting an application through State Services.
Where to contact
First of all, you need to prepare a complete package of documents. Then you need to find out where registration is done. You can contact one of the following organizations:
- management company;
- through the State Services portal;
- MFC;
- territorial department of the Main Department of Migration Affairs of the Ministry of Internal Affairs.
Most often, citizens turn to Multifunctional Centers. Here they will accept documents and give you a form to fill out. But the period increases, since registration takes place directly at the migration department of the Ministry of Internal Affairs.
Can registration be completed without the personal participation of the homeowner?
This issue is very relevant, since permission to register in this manner would solve many problems. The difficulty is that such issues are not regulated in any way by law. According to the current procedure, the owner's permission is absolutely required, but there are exceptions.
To register a person without the participation of the owner of the property, it is enough to submit a power of attorney on behalf of the owner. However, employees of the registration authority may refuse due to the unfoundedness of providing a trust document.
Temporarily and without owner
There is no clear answer here. It all depends on the specific circumstances. Is it possible to register a person without the presence of the property owner?
Yes, the legislation provides for a similar scenario. The owner may not consent to registration and not participate in the process. However, in this case, registration is issued only for a time.
All notifications arrive either through the State Services information portal or by mail. At any time, the owner can expel a citizen from his home.
Is it necessary for the registered person to be present during registration?
According to the law, the person being prescribed must be present during the procedure and express his consent. In practice, other situations may arise - when it is necessary to register a tenant without his presence.
The basis for this is a valid reason why the person is not physically able to appear at the migration authority or at the passport office. The following circumstances may be valid reasons:
- the occurrence of a serious illness;
- disaster of a natural nature;
- other circumstances beyond a person's control.
If it is not clear whether the owner has the right to register a specific citizen in his apartment without his personal presence, then it is worth focusing on the circumstances of the case. Of course, the reason for the absence of the registered person must be documented.
The applicant is required to appear for an appointment at the government department with a trust document.
How to register a person without his presence?
The procedure for registration at a new address is established by a number of documents, including the Administrative Regulations of the Ministry of Internal Affairs for the provision of public services for registration of citizens at the place of stay and place of residence within the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 No. 984.
Paragraph 90 of the Administrative Regulations contains an indication of the applicant’s personal submission of documents, but neither the Regulations nor the Law on Freedom of Movement can find a direct prohibition on fiduciary representation in matters of registration of registration.
Important!
Registration of a person at the place of residence or stay is a legally significant action and gives rise to rights and obligations for the person, and therefore is possible on the basis of official representation.
Representation may be by force of law, factual circumstances or by power of attorney.
Legal representation occurs when guardians act on behalf of a person under 14 years of age.
Important!
Only his representative by power of attorney can act on behalf of an adult, legally capable person.
Important! If you yourself are looking into your own case related to the registration of a person without his presence, then you should remember that:
|
What documents are needed and where should they be submitted?
Documentation for registration is accepted in several organizations at once. To submit your application for consideration, you will have to prepare all the necessary papers in advance. I will present important information in the form of a table.
| To which authorities are documents submitted? | What documents need to be prepared? |
An application for registration of housing can be submitted to the following departments:
| The standard documentation package includes:
|
It is allowed to register without the personal presence of the citizen, but with his passport. You will need to fill out an application and contact the authority during office hours. The owner of the living space must certainly be present, and if there are several of them, then all owners. They are required to have written permission for another person to register.
Documentation
Many people are interested in what documents will be useful for the implementation of the task. It all depends on the specific situation. Let's start with the most common option - registration of an adult citizen of the Russian Federation.
Is it possible to register a person by power of attorney? The law does not prohibit such actions, but does not openly allow them either. Therefore, the possibility of successfully solving this problem cannot be excluded. But there is also a risk of failure.
The following documents are required for registration:
- power of attorney;
- passport of the authorized person;
- identity card of the person being registered;
- homeowner's passport;
- consent from all owners to the registration of a new tenant;
- statement;
- military ID;
- arrival and departure sheets;
- certificate of ownership of housing.
If we are talking about minor children, then citizens are additionally required to:
- consent to registration from the second parent (if the spouses have registration in different places);
- child's birth certificate.
Foreigners must provide:
- migration card;
- a translated copy of the passport in Russian.
There is nothing difficult or special about it. The main thing is that the Federal Migration Service does not refuse registration by proxy.
Why can they refuse registration by proxy?
Russian legislation does not specifically indicate a ban on registration in an apartment by proxy, but there are situations when registration will definitely be denied:
- The trust document was not notarized.
- The document does not contain the authority of another person to carry out registration.
- The application was completed incorrectly, or the title document for the home is missing.
- The submitted documentation contains technical errors.
If official representatives do not have such questions, then registration may well be carried out. To save time, the application can be submitted through State Services, but documents will still need to be submitted in person or through a power of attorney.
Consent of the person being prescribed
If present, it is drawn up in the form of a statement indicating personal data and signing. Otherwise, a power of attorney is submitted, which specifies that the representative undertakes to submit and pick up the completed documents. Without this, further actions are not allowed.
Owner's consent
Employees of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs often refuse registration if only a power of attorney from the owner of the property is provided, as this may lead to claims on his part. To prevent this situation from happening, the owner’s consent to registration and an application in Form 6 is additionally provided. Registration is carried out through a notary.
Power of attorney to leave an apartment, sample
A power of attorney for registering an apartment and a writing sample are regulated by the Civil Code of the Russian Federation. This document must be in writing.
The power of attorney is drawn up in a single copy, which is handed over to the attorney.
It must indicate the date of completion (otherwise the document is considered invalid) and the validity period. In the case of registration, extract from an apartment or house, you can indicate as the validity period the moment of fulfillment of the obligation under the power of attorney.
The power of attorney must include the following elements:
- Document's name.
- Description of the principal and attorney (full name, passport details, etc.).
- List of powers for which the document was issued.
- Duration of performance and moment of termination.
- Date and signature of the principal.
- A notary's note on certification of a document.
A sample power of attorney can be downloaded here.
Ways to obtain registration
In 2021, the GUVM of the Ministry of Internal Affairs (Main Directorate for Migration Issues) is regulating the movement and stay of Russians on the territory of the Russian Federation. The department also deals with issues related to the registration of foreigners. Regardless of how documents are submitted, the main database is located here, so the decision is made directly in this government agency.
Today, you can submit documents to obtain or extend temporary registration either to the previously specified authority or do this using others:
- A passport office attached to the area in which the residential facility is located (GUVM).
- MFC.
- State class=”aligncenter” width=”1478″ height=”926″[/img]
Screenshot of the main page of the “State Services” portal
The standard processing time takes from 4 to 19 working days. However, this condition applies to the situation when documents are submitted directly to the Main Directorate for Migration. If they are submitted to the MFC or passport office, another 3-4 days should be added to the specified period. Obtaining or extending temporary registration through State Services is considered the longest method, which can take more than 2 weeks.
When can the owner challenge registration?
There are two ways to resolve the problem regarding registration without the permission of the owner of a residential property.
The first is a verbal agreement between the parties. In this case, the owner may demand payment for the action performed or agree to another compromise. Thus, residents can vacate the premises within the agreed period, having previously checked out from it, or continue to live under the conditions voiced in the negotiations.
The second option involves going to court by filing a statement of claim. In this case, he will be required to prove unauthorized registration, thereby confirming the illegality of the actions of other persons.
Healthy! In a situation where the child has already been registered without the owner’s consent, he has the right to evict the child only if his father and mother are registered at a different address. Otherwise, the owner must first resolve the issue with his parents.
Video: will a child be registered in an apartment without the owner’s consent?
SECOND CALL, EVEN MORE ALARMING...
Some time passed. And one Saturday, on such a cloudy rainy day, the intercom rang again. And again they want to see P.V. Eremenko.
Remembering the previous normal conversation with a normal person, we immediately invited the man to come to our apartment. Later we realized that it was a very risky decision, but everything worked out.
This time, the young man was looking for our elusive Eremenko for this reason. Eremenko persuaded his friend to take out a loan for her for 100,000 rubles and, of course, did not repay this loan. And she disappeared.
The young man went on the hunt and the tax office gave him our address!!!
We've arrived again...
As a result, he came to us with his bandit friends (they were standing downstairs at the entrance) and was thirsty for blood.
We managed to avoid bloodshed and calmly found out everything without a “support group.” I didn’t think twice about it and the next day I ran to the police.
“SHOOTING” WITH TAXES
But the flowering seed of doubt haunts me. Moreover, letters continue to appear in the mailbox.
I'm going to the tax office. They send me away again, only now from one office to another. Finally, I get to the right one. I am writing a statement, asking that the registration data of Eremenko P.V. be removed from the database.
After some time we receive an answer.
In other words, my statement is not grounds for deleting data from the database.
But it’s true. Now everyone will ask you to adjust the database!
You need an official document, that is, you should contact the police (they had not yet renamed it).
I think you will understand us if I say that I really don’t want to do this. Thoughts appear in my head: “Okay, let the letters come, we’ll just throw them away. This makes us neither hot nor cold. I don’t want to go to the police.”
However, it soon became hot, and then cold...
