Laws regulating the registration of citizens
The very concept of registration, and the basic rules governing registration, are enshrined in Federal Law No. 5252-1 of June 25, 1993, and underwent some changes in 2015. The registration rules adopted by the Government of the Russian Federation in petition No. 713 in 1995 establish a package of documents that must be submitted to the passport office or other affiliated bodies of the Ministry of Internal Affairs.
One of the documents required for permanent or short-term registration at the place of residence is an application for registration, drawn up according to Form No. 6, according to the established template. Obtaining such permission is not required if the applicant himself is the direct owner of the property.
In the case when he owns part of the housing, he can register himself without obtaining consent for registration from other owners. But if such a person wishes to temporarily or permanently register his relatives and friends (except for a newborn and his own child under 18 years of age), he will need to fill out such an application for registration.
This is important to know: How to register in an apartment through State Services, step-by-step instructions
Is permission required and in what cases?
Registration is regulated by such regulations as Federal Law No. 5242-1, the Constitution of the Russian Federation, PP No. 713, etc.
The permission of the owner of the apartment or house is required when it comes to registering an unauthorized person.
The fact is that registration gives a person the right to live at a specific address.
And if he is not the owner of the premises, then he is obliged to enlist the support of the real owner.
Otherwise, the passport office staff will simply refuse the applicant.
Is it possible to register children without consent for registration?
One of the priorities of the legislation of the Russian Federation is the protection of the rights and interests of children, which is confirmed by the special conditions for registering a child under 18 years of age and a newborn. To register your own child, you do not need to obtain the consent of other owners.
Registration of newborns is carried out within 30 days after receipt of the birth certificate on the basis of an application for permanent registration of the child and a passport. During this period, the baby is freely registered in both privatized and municipal housing. The refusal of one of the parents or other persons living at the address cannot be a reason for a ban on registration.
This is important to know: How to find out a person’s registration?
If there are motivated reasons, the father can register a newborn at the mother's address. If the 30-day period is missed, then, following the norms of the law, in order for the child to register at home with the mother, the permission and presence of the father will be required.
Minors may be registered at the place of residence of one of the representatives with the written consent of the other parent. Permission from the owner is not required.
Application for temporary registration
Wherever a citizen intends to live in a place that is not his permanent location - in a hotel, sanatorium, hostel, apartment of a friend or relative, or in another place, then regardless of the length of the period of stay as a guest (if this period of time is more than 90 days) he needs temporary registration , which involves filing an application for this.
An application for temporary registration is a mandatory form certifying the personal will of a person to be registered at the address where he is located. The personal signature of the applicant makes the citizen responsible for the accuracy of the information contained in the document, which is why, when submitting a set of papers for accounting measures, the registrar or another person authorized to accept documents will require you to sign the application form in his presence.
The application for temporary registration has a specially designed form, the so-called form No. 1. (sample in Appendix No. 2 to the Administrative Regulations for the provision of FMS services, approved by Order of the Federal Migration Service of the Russian Federation dated September 11, 2012 N 288).
Although the functions of the FMS regarding registration have currently been transferred to the Ministry of Internal Affairs of the Russian Federation, all forms developed for registration procedures remain in force.
Form 1 will be required where a citizen applies for temporary registration. These are the following organs:
- migration departments of the Ministry of Internal Affairs;
- Passport Office;
- MFC.
Papers will not be accepted without a correctly completed Form No. 1. It is important to enter data not only accurately and correctly, but also accurately, legibly, without crossing out or corrections.
Application giving the right to submit documents
Permission to register on a temporary or permanent basis must be issued in accordance with certain requirements.
A sample of filling out consent for registration can be found in all organizations that accept documents for registering citizens. By contacting the employees of such structures, you will receive a free consultation, during which you will be provided with all the necessary information regarding the registration rules and will help you fill out all the necessary papers. You can also fill out the paperwork electronically on the State Services portal.
A mandatory condition for registration is the presence of all owners during the submission of documents. When one of the owners cannot be present, he can issue a power of attorney to carry out such actions, having it notarized.
Sample
According to the instructions, the application must contain reliable information about the owner of the property, the tenant subject to registration, their passport details and registration documents confirming ownership.
Where to go
There are several ways to submit a request for temporary registration:
- Send the application and the corresponding list of documents by mail;
- Fill out the form electronically on the website gosuslugi.ru;
- Do this in person by visiting the passport office or MFC.
In the latter case, the citizen receives a receipt confirming the acceptance and further consideration of the application. Here it is desirable to have the presence of not only the applicant, but also the owner. If this is not possible, the tenant can submit the application themselves, provided they have a notarized certificate.
Submitting the form online is very convenient if the applicant is unable to attend or is in a long line. The applicant is required to send a package of documents within 24 hours. The received certificate gives the citizen the right to live in the apartment.
Application from the owner for registration of a residence permit
As with other types of registration, when applying for a residence permit, permission must be given by all home owners, which includes the following information:
- passport information;
- an affirmative answer regarding the possibility of residence for the new applicant;
- residential address;
- title documents for real estate;
- signature and date of issue.
Violations of the rules and consequences
Authorized bodies closely monitor newly arrived foreigners and punish those who have violated the law. Moreover, for major and minor violations you can earn the most severe thing - administrative expulsion from Russia.
A fine of two to five thousand rubles is also provided. In the Moscow and Leningrad regions - up to seven thousand. There are situations when a migrant is sent home and fined.
To avoid administrative penalties, you must carefully monitor your documents and their relevance. According to the law, a foreigner must obtain possession (use) of residential premises within three years from the date of entry into the country. Its absence may be grounds for cancellation of the residence permit.
Application for registration at the place of permanent residence
The owner's permission is an integral part of the package of documents required for moving in a tenant.
When issuing such a permit, the owner must take into account all the risks associated with the registered person residing at the address. Even with temporary registration, people with registration are given the right to free access and use of residential premises. Eviction of such a person is possible only after the expiration of the registration period or its cancellation. This is important to know: How to register in another city
Obtaining the owner's consent to register in his apartment
It is impossible to register a migrant without the consent of the owner of the residential premises . It will be necessary to obtain certified consent from all homeowners. The only exception is the case when the migrant himself is the owner or co-owner of the residential premises where he wants to register.
The structure of the consent statement and how it should be filled out?
- In the upper right corner (profile header) is written the name of the Ministry of Internal Affairs, where the application is being submitted and from whom it is submitted.
- Next, the word “Consent” is written in the center without a dot at the end.
- Then the personal data of the homeowner is written on his behalf (“My full name, date of birth, registration address, passport details”).
- A request is written to register a citizen (his personal data is indicated) at what address and for how long “I ask you to register such and such a citizen at such and such an address and for such and such a period”).
- Documents that confirm the right to own housing are indicated, the phrase is written that the owner agrees to the citizen’s occupancy (“Since, according to such and such a document, I am the owner of the housing at such and such an address, I agree to the occupancy of a citizen of such and such state Full name, date of birth , passport details").
- Further it is written “This consent is certified in two copies, one of which is kept in the files of the state notary office, and the second is issued (full name of the owner in the dative case).”
- Date, signature.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 350-29-87Moscow
How to obtain permission from the owner?
- First, you need to agree with all the owners of the housing and the people registered in it about the registration and move-in of the migrant.
- After this, a statement of consent from the owner is drawn up at the notary's office in two copies.
- When the application is certified and the package of necessary documents is collected, the foreigner is registered at the place of residence in the presence of all owners and registered people.
Who composes?
It is drawn up by the person registering in his own hand, in writing, and sealed with a personal signature. You can also register on a computer.
The legislation allows that the interests of the applicant can be represented by a trusted person. In this case, the applicant issues him a power of attorney, notarized. It is attached to the application for registration and serves as an integral part of it.
Read on our website about whether it is possible to register in an apartment without the presence of the owner, and how to register a person without his personal presence.
Sample applications
Let’s move on from theory to practice and consider the features of filing the most common applications.
Application for a job
By law, it is not necessary to write an application when applying for a job. But sometimes you may be asked to write it for reporting or data collection in order to draw up an employment order based on this document.
The addressee may be the head of the organization or the head of the human resources department. In the text of the application, indicate the proposed position and date of hire.
Additionally, you can list the documents that you submit along with the application: TIN, work book, certificate of compulsory pension insurance, diploma, military registration documents.
Application for another paid leave
This is a request for annual paid leave. The application must be written if your organization does not have a vacation schedule or if your vacation schedule is scheduled for an inappropriate time.
Application for leave must be submitted two weeks before the date of expected departure.
Application for maternity leave
This statement is written by women before going on maternity leave. The text must indicate the duration of the vacation, according to the terms from the sick leave certificate for the antenatal clinic. The latter, by the way, must be attached to the application.
Application for leave at your own expense
In this case, the employee requests several days of leave without pay. Additional documents may be attached to the application to confirm that administrative leave is indeed necessary.
When you are going to take several days off, for example, for family reasons, you also need to write an application for unpaid leave. The second option is to write an application for a day off on account of paid leave.
Application for resignation
The employee requests termination of the employment contract between him and the employer. In the reasons, you can indicate that this is dismissal at your own request, by agreement of the parties, or at your own request without working off. Lifehacker has a separate article on the nuances of competently drafting a resignation letter.
Application for academic leave
Academic leave is granted in exceptional cases: for health reasons, difficult family circumstances or other reasons. Therefore, in your application you need to not only ask for leave, but also explain why you need it.
Please indicate the availability of additional documents. For example, certificates from the hospital.
Content
The form for a citizen of the Russian Federation contains, let’s say, already printed questions. The applicant must answer them and enter them in the empty fields left for this purpose. Samples of filling out forms for registration and discharge can be found in the department. A sample is also presented in our article.
We have already said that the form consists of two parts. The first one is the main one. Remains in the FMS office and serves to register a person.
The second is a cutting coupon . It is used if the citizen has not deregistered at his previous place of residence. Actually, this is an application with a request to cancel registration at the previous address.
Immediately below the title of the document, enter the name of the FMS department in the empty field.
The name of the local FMS body, indicate the region and locality.
Below we indicate the full name, date, month and year of birth of the citizen registering.
Under it, in the column “where did you come from,” write down your previous address : name of the region, name of the locality, street, house number, apartment number.
Next comes the column called “legal representative”; it is filled out when registering a minor under 14 years of age. The degree of relationship, father, mother, guardian, etc. is indicated in full. Passport data in detail: number, series, date of issue, who issued the passport.
If there are two or more children under 14 years of age in a family, then a separate application is drawn up for each.
The next important point that should be reflected in the document is who provides housing . In the empty field write:
- Full name of the tenant or owner providing housing;
- his passport details: number, series, date of issue, by whom;
- relation degree. For example, wife, husband.
What does the form include? If a person registers in his own home , then he needs to write - I am the owner or am the owner. Below, in the “based on” column, documents confirming the right of the citizen registering the applicant to the provided living space are indicated.
- If a person is the owner of a home, then documents confirming his right to property . Number, date of issue, who issued the certificate of state registration of the right (read about registration in a privatized apartment).
- Municipal housing - warrant, rental agreement or social lease. Also the number, date of issue or conclusion.
You can find out how the written consent of the owner is drawn up from our article.
The FMS provides either original documents, copies , or ready-made notarized copies.
You can simply notify them of their availability.
In this case, the registration period will increase, since FMS employees will have to request the relevant authorities to verify the authenticity of the information provided.
Then in the text you need to write down the address of the housing provided . The column is called “by address.” In the empty field we indicate the name of the locality, street, and house number. Apartment.
At the end, the applicant's passport details :
- number, series;
- date of issue;
- issued by;
- locality;
- department code.
The information is recorded as it appears in the passport. At the end there is a signature with a transcript. That is, the full surname, first name, patronymic - initials.
When registering a minor under 14 years of age, his birth certificate is presented. It is an identity card.
In other words, the application contains its data: number, date of issue, who issued it, locality. A representative signs for the child . Signature with transcript. The degree of relationship is indicated. Mother, father, guardian, etc.
Under the signature are official marks. The person who verified the applicant’s signature shall sign. The most recent entry in is the decision made by the FMS. If registration is refused, then the reason for the refusal .
Features of the procedure
Registration at the place of stay is carried out quite quickly, using a small number of documents. But there are distinctive features and nuances in this procedure:
- data on temporary residence are not entered in the citizen’s passport, only a certificate is issued;
- during the period of validity of registration at the place of stay, the permanent place of registration is not lost;
- The migration service authority can refuse the applicant only if there are significant errors in the application (possibly corrected) and the required documents are missing;
- After submitting the application, the FMS authorities must issue a certificate of temporary registration within 3-8 working days.
Structure and rules for filling out the application
The application form for registration of a foreigner at the place of residence is established by the Administrative Regulations approved by Order of the Ministry of Internal Affairs of Russia No. 514 (Appendix No. 2). The form is double-sided, has a main part and a detachable part.
The main one indicates:
- name of the department of the Ministry of Internal Affairs to which the application is being submitted;
- personal data of the applicant (full name, date of birth, citizenship or nationality);
- address of the residential premises where the foreigner requests to register;
- details of the person providing the accommodation (full name or name of organization);
- a document giving a foreigner the right to use residential premises (a residential purchase and sale agreement, a notarized consent of the owner, a gratuitous use agreement or a lease agreement);
- passport details of the foreigner;
- information about residence permit or temporary residence permit;
- address of the previous place of registration;
- date and signature of the applicant.
The same data is entered in the detachable part of the form as in the main one, but instead of the previous registration address, the previous residential address is indicated. The reverse side is filled out if minor children are registered with the migrant; the details of the parent (guardian) and the child are indicated.
The form must be filled out in block letters with a black pen or on a computer. You need to leave space for the date and signature.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 350-29-87Moscow
We talked about the procedure for temporary registration of a foreign citizen at the place of stay here.
Validity
As such, the application does not have a validity period, since according to generally accepted practice it is drawn up at the FMS office.
However, the legislation sets a deadline within which you need to register. It is 7 days and is calculated from the moment of discharge from the previous place of residence.
You need to draw up and submit a paper to the FMS in one way or another, on the State Services website or to the passport office of the Criminal Code, directly to the FMS office, within the prescribed period.
Failure to comply with the deadline does not invalidate the application. It serves as the basis for imposing a fine for violating registration rules. (Administrative Code, Art. 19.15.2)
How is consent obtained?
Regulation No. 984 in the appendices does not contain a form used to formalize the owner’s consent to registration at the place of residence, and does not contain requirements for its form and appearance. The only thing that the regulations require is a document:
- executed in writing;
- certified by an authorized person or notary.
If an apartment (residential building) has several owners, a written document is provided by each. Moving into municipal housing used under a social tenancy agreement will require the approval of the authorized body.
This rule does not apply to minor children of the employer.
In practice this means that:
- during registration, the owner (owners) must be present in person (except for cases where each share is allocated in kind);
- Notarized consent for registration from the owner will be required if his presence is impossible.
The following information is included in the document:
- name of the registration authority of the Ministry of Internal Affairs (clause 2 of rules No. 713);
- FULL NAME. applicant, passport details;
- apartment, house, room, address;
- details of the title document for the property;
- who is provided with registration, passport data, date and place of birth;
- text on behalf of the owner about the provision of residential premises for the specified person to live in;
- date and signature.
Completed sample owner's consent for temporary registration:
In the Main Department of Migration Affairs of the Ministry of Internal Affairs of the Kalininsky district of Tver from Ivanov Ivan Ivanovich, registered at the place of residence: Tver region, Kalininsky district, village Chernogubovo, house 2a AGREEMENT I, Ivanov Ivan Ivanovich, citizen of the Russian Federation, born on January 25, 1980, passport No. 2345 123321, issued by the Zavolzhsky District Department of Internal Affairs of the city of Tver on 02/05/2006, I give consent to move in and register at the place of residence of a citizen of Uzbekistan Usmanov Usman Usmanovich, born on April 6, 1976 , to a house owned by me, located at the address: Tver region, Kalininsky district, village. Chernogubovo, house 16. 20.01.2020 Signature: Ivanov /Ivanov I.I. |
When is the owner's consent required?
The legislator obliges any person, regardless of Russian citizenship, to register with the Main Directorate for Migration Affairs of the Ministry of Internal Affairs and confirm within the established time frame:
- place of permanent residence;
- temporary stay at the specified address.
When registering permanent and temporary residence, citizens who are not owners of residential premises are required to obtain and provide written consent from the owner for registration; This topic is regulated by the following basic laws and legislative acts:
- On approval of the Administrative Regulations... - Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 No. 984, paragraph 49.
- On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for the implementation of migration registration of foreign citizens and stateless persons in the Russian Federation - Order of the Ministry of Internal Affairs of Russia dated No. 514 of July 30, 2019.
- On migration registration of foreign citizens and stateless persons in the Russian Federation - clause 1 of Art. 15 109-FZ as amended from 06/08/2020.
- On approval of the rules for registration and deregistration of citizens of the Russian Federation. registration at the place of stay and place of residence - Decree of the Government of the Russian Federation No. 713 as amended. from 05/25/2017.
According to the law, for registration of permanent residence and temporary stay the following are provided:
- passport (other identification document);
- statement;
- a certificate or extract from the Unified State Register of Real Estate to confirm the right to dispose of property (court decision, consent of the owner of municipal property, etc.);
- from the owner of the property (or co-owners) - an application from the owner for registration at the place of residence with consent.
Peculiarities of moving in a foreign citizen:
- registration at the place of residence is available if a citizen of another state has received a residence permit (residence permit or temporary residence permit);
- with the statuses “temporary residence permit” and “residence permit”, the parties enter into an agreement on the temporary use of residential premises. Use is formalized by a paid agreement (the amount is indicated) or does not provide for payment;
- the owner confirms his consent - personal presence is required.
There is an exception to the procedure for registering a temporary place of residence. It is made for minor children under 14 years of age (clause 12, clauses 28 and 29 of rules No. 713).
In practice, this means that a family member of the tenant and owner of the residential premises has the right to move their children under 14 years of age into the premises. There is no need to coordinate this with anyone. (clause 12 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 14 dated July 2, 2009, decision of the Alushta City Court of the Republic of Crimea dated June 15, 2017 in case No. 2-606/2017). There is no need to obtain approval from the tenant or owner of the premises. Possession means:
- actual move-in;
- registration at the place of residence.
Registration of a minor citizen who has reached 14 years of age is carried out separately from legal representatives. General order is maintained.
The agreement looks something like this: