What rights does temporary registration in an apartment provide in 2021?

From the summer of 2021, foreign employees can no longer be registered with migration authorities at their place of work, as before (Federal Law No. 163-FZ of June 27, 2018 on amendments to Federal Law No. 109-FZ). Now the legislation limits the ability of foreigners to register and instructs them to register where they “primarily reside or reside.”

However, it is worth noting that this wording does not in fact prohibit a foreigner from registering for migration with his employer. Let's figure it out.

What is temporary registration

First, let's figure out what temporary registration is? It is the responsibility of the visitor to register with the migration department in order to legally have the right to stay in an apartment provided by its owner. The owner of the premises must personally register his guest. A person arriving in a new place must register within 90 days.

Note to the employer

An employer can enter into a lease agreement with a dormitory, hostel or other place of residence of foreigners and, on its own behalf, register foreign employees in these premises for migration purposes.

Thus, the employer organizes recreational facilities for its foreign employees in rented premises. Remember that a lease agreement must be concluded! This is what you will provide to the migration department as proof of the legality of foreigners’ stay at certain addresses.

Contact Lexintel specialists for advice: we will analyze your situation individually and advise you on the best way to deal with registering your foreign employees for migration registration.

Rights and obligations

Registration issues are regulated by the Civil Code of Russia, Decree of the Government of the Russian Federation No. 713 of July 17, 2021, Federal Law No. 5242 of June 25, 1993 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” They spell out the responsibilities of Russians for registering, and also indicate what rights registration gives and what temporary registration in an apartment affects.

Permanent registration is valid for an indefinite period, temporary registration is valid for a specific period. Migrants who do not have their own living space, but have received the consent of the landlord, can apply for it. The list of rights that permanent registration provides is much broader. However, temporary also provides some additional opportunities.

Prescribed

Let's list the rights that temporary registration in an apartment gives:

registration of personal documents, including pension certificate, passport, driver’s license, etc.;
a wider selection of vacancies (for most employers, registration is important);
opportunity to get a loan;
the opportunity to receive medical care and social benefits;
the right to marry, register as an individual entrepreneur;
the opportunity to send children to preschool and general education organizations.

Note that there are also some disadvantages here. Thus, a person who is registered in a certain apartment, but is not the owner, has difficulties finding a job or obtaining a mortgage.

In the apartment

Speaking about what rights temporary registration in an apartment gives, one cannot fail to mention the opportunity to register minors. An adult can legally live in an apartment himself, as well as bring adult children there.

However, the rights of a person registered in an apartment do not extend to the property itself. That is, he cannot claim to become the owner of the premises and carry out transactions with it.

When renting a room

A citizen who rents housing must temporarily register within the generally accepted period of time - no later than 90 days from arrival. He may not register with government services if his living space is located in a region in which he has permanent registration or if he is visiting relatives.

In a privatized apartment

The rights of those registered in a privatized apartment are similar: they have a reason to live on the territory of the premises, but cannot make property claims. The deregistration is carried out in one of two ways: voluntarily, at the initiative of the temporarily registered person, or forcibly - through the court at the request of the apartment owner.

Who is responsible?

Responsibility for a foreign citizen on the territory of the Russian Federation lies with the receiving party, that is, the owner of the premises in which the foreigner is registered for migration. It is also worth noting that the owner of the premises in which the foreigner is not registered, but in fact resides, is also responsible for it.

The receiving party is obliged:

— Notify about the foreigner’s stay (register);
— Report if a foreign citizen has left (deregistered).

Do not neglect removing a foreigner from migration registration! If it is discovered that a foreigner has not been deregistered, but in fact no longer resides at the place of registration, the owner of the premises faces administrative liability and a fine of 250,000 rubles !

The employer, if he is not the receiving party (that is, does not register the foreigner at his address), is not obliged to monitor the registration of the foreign employee with migration registration. But we do not recommend leaving the situation to chance! If a foreigner detects problems with registration, the migration service automatically expels the citizen from the territory of the Russian Federation. Often such inspections end in the mass expulsion or deportation of employees, which negatively affects the work of the company in which these employees worked.

Possible risks for the owner

When registering unfamiliar people, for example, when renting out an apartment, the owner bears certain risks, because it is quite difficult to determine the degree of integrity and responsibility of new residents. Below we will consider situations when the owner of a living space may have difficulties evicting residents.

When registering children

Registering a child at the place of residence is a right that temporary residents receive automatically if the landlord has agreed to register. However, the owner in this case may face a problem. If he can discharge an adult at any time by court decision, then with minors everything is not so simple. According to the law, a child can be deregistered only if the parents have found a new place of residence for him. Thus, homeowners have to wait for this moment. And temporary residents are most often in no hurry to leave the apartment.

Refugees and military personnel

According to Government Decree No. 713, registration of refugees and military personnel follows the same rules as other categories of citizens. The only caveat: you will need to collect some additional documents, in particular, confirmation of refugee status or a certificate from the military registration and enlistment office. Temporary registration may not be completed by military personnel on a business trip.

Pregnant women

An owner who registers a pregnant woman in his apartment must be prepared for the consequences. If she gives birth, she has every right to register the child at the temporary registration address. It will not be possible to forcibly evict them, because in most cases the court sides with the mother and child. The owner of the apartment will have to wait until the woman finds another place to live and moves out voluntarily.

Material risks

As mentioned earlier, the owner of the apartment, even if he does not live in it, bears full responsibility for it to the state. In other words, he must pay property taxes and cover utility bills.

Public utilities

In order for those registered to pay for utilities, the owner must enter into a lease agreement with them, stipulating this obligation in it. Otherwise, you will have to pay the bills yourself. Considering that most apartments are currently equipped with meters, it is not difficult to guess that the payment for utilities will be high. It is advisable for the owner to document and assign the obligation to pay bills to tenants with temporary registration. However, if they do not fulfill it, and a debt arises, then the owner will be responsible to the state.

Where to register?

According to Article No. 14 of the Federal Law “On Migration Registration,” an IG is required to register at his place of residence within seven days after receiving a temporary residence permit.
You can register in the following areas:

own residential property;
housing of relatives or friends;
municipal apartment;
rented premises.

Each of these options requires the provision of a document confirming the right to move into the premises . The residential premises must be located in the region in which the temporary residence permit was issued.

For example, having received a temporary residence permit in the Moscow region, you can register in any city included in a given subject of the Russian Federation. In this case, registration in an apartment located in Moscow is impossible, as is registration in any other city of the Russian Federation.

When registering a temporary residence permit, a foreign citizen must indicate the intended place of future registration. However, there is no legal obligation to subsequently register at this address.

A migrant can register at any address , and during his stay in Russia under a temporary residence permit, change his registration address an unlimited number of times.

Violation of the registration deadlines is punishable by a fine of 2 to 5 thousand rubles or cancellation of the temporary residence permit (Article 18.8 of the Code of Administrative Offenses of the Russian Federation).

Permanent registration at place of residence

What does permanent registration at the place of residence give a person? Unlike temporary, it is issued for an indefinite period. In the first case, the person confirms his place of residence, in the second - his place of residence.

So, let’s list what rights registration at the place of residence gives:

receive social payments and benefits;
reside at the registered address;
enjoy free medical care;
place your children in kindergartens and schools;
obtain documents from government services.

Having a permanent residence permit indicates that a person has a place to live, and this is a powerful argument for employers and banks. So such citizens have a better chance of getting a loan or getting a good job.

Residential and non-residential premises

Previously, the rules stated that a foreigner could be registered for migration at his place of work, but he could only be registered in residential premises. For example, employees at construction sites were registered at the site and were housed in cabins.

Now the legislation has been “simplified” in terms of residential and non-residential premises. This means that a foreigner can obtain migration registration even at the employer’s office, that is, in a commercial premises.

But! The place of registration of a foreigner must coincide with the actual place of his primary residence. If you have registered a foreign worker in your office, then this is where he should spend the night and work. At the very least, you should be able to prove it to the inspectors.

If the registered person claims ownership of the property

Most often, homeowners think about whether temporary registration affects property rights only when they feel threatened by residents. The reason is often disagreements regarding housing issues: paying for utilities, carrying out repairs, unwillingness to move out of the apartment with the child, etc. To understand whether a registered person has the right to an apartment, it is enough to study the regulatory framework on the issue of registration of citizens of the Russian Federation. All laws are on the side of the homeowner.

However, it is better to prevent problems from occurring. To do this, registration without ownership rights is issued - a notarized agreement between the registered person and the owner of the apartment.

Owner's statement: what to consider

The owner's application for temporary registration must be completed in accordance with Form No. 1. The form in the required format can be obtained from any registration service.

Mandatory data

The document must include the following information:

Name of the receiving organization;
Full name of the head of the compulsory medical insurance;
Current information about the owner (full name, address);
Information about the registered citizen;
The period during which the certificate will be valid;
Details of the document exercising the right to provide housing;
Signature of the applicant with transcript and date of application.

The last paragraphs are filled out by FMS employees. The certificate number and its status are also indicated here: whether the application was accepted or not.

Additional list of documents

Grounds for eviction

There are many reasons for eviction of a registered person. Among them are:

change of owner of the premises upon its sale;
the status of the premises has changed - it is recognized as non-residential;
large debts for utility services (non-payment for more than six months);
bad relations with neighbors, rowdy behavior;
recognition of real estate as emergency, life-threatening;
use of living space for one’s own needs without the owner’s knowledge (for a warehouse, store, office, etc.).

Whatever the reasons, they can be challenged in court.

Consent to registration

When registering, it is extremely important to obtain the consent of the homeowner, otherwise the procedure will fail. The owner of an apartment or house must clearly understand that a registered foreigner has certain rights upon permanent residence:

Use housing.
Invite third parties to stay.
Register your husband/wife and close relatives in the living space.
Pay utilities.

With temporary registration, a foreigner does not have any rights to real estate. But consent from the owner is still required for registration.

If there are several owners, then everyone must provide consent for registration. You can ignore someone’s opinion only in cases where registration is required:

To a close relative.
A registered child (more information about registering a child).

And also if a notarized power of attorney is presented for registration.

The owner must submit to the authorized bodies:

Your passport and that of a foreign citizen.
Application from yourself and the foreigner.
Document on the ownership of the living space.
Consent of all owners.

Official structures examine documents carefully in order to protect apartment owners and save them from scammers.

All sorts of minor problems may arise.

If a temporarily registered person has taken out a loan for himself, but does not pay on it, representatives of a bank, microfinance organization or collectors will look for him exactly at the address that he indicated. Accordingly, there may be calls to your home phone or even visits from representatives of these organizations.

In addition, if the employer is a debtor, bailiffs can also come to the temporary registration address. They can seize not only the property of the tenant, but also the property of the apartment owner.

If the tenant is wanted for committing an administrative offense or even a crime

- you will have to deal with the police, whose officers will certainly visit the apartment. In addition, receipts for fines for traffic violations may be received by mail if the resident has a car.

If a person evades conscription into the armed forces, summonses may be sent to the temporary registration address. Moreover, military registration and enlistment office employees may even accuse the owner of the apartment of helping a conscript to hide from conscription.

Problems with disposing of your home or selling it

First of all, it is necessary to proceed from the fact that temporary registration does not make the tenant a co-owner of the residential premises, so you can sell the property without even informing him or asking his consent. However, if the tenant lives on the basis of a rental agreement, then a change in the owner of the property will not lead to termination of the agreement. In this case, the tenant will retain the right to use the residential premises until the end of the agreement, even after a change of owner.

The buyer of the apartment will not be able to evict him ahead of time if the terms of the contract are not violated. What should the seller and buyer do in this case? The best option for the seller is to simply wait until the registration period expires.

But if you don’t have time to wait, you can try to negotiate with the tenant that he will change his place of residence and deregister, or evict him through the court, if there are grounds provided for by law

Other features and risks

In addition to difficulties with eviction, the owner may face other problems.

What are the consequences of temporary registration for the owner of an apartment:

bringing strangers into the apartment who may behave immorally and illegally;
flooding of neighbors;
intentional damage to property;
using the apartment for other than its intended purpose and not for living, but, for example, for gatherings of noisy companies, drinking, gambling, etc.;
refusal to pay for housing and utilities;
subletting of premises “bypassing” the consent and notification of the owner;
processing a loan and its subsequent non-payment;
Commission of crime.

The consequences of temporary registration for the owner can be very different. If the registered person owns a car, then fines for traffic violations will be sent to the post office at the place of residence.

IMPORTANT! The main danger lies in drawing up a loan agreement in the name of the guest, since in case of non-payment, collectors and bank employees will bother the owner by visiting the apartment and constantly calling his mobile, home and work phones. In practice, collectors do not take into account arguments that this person no longer lives here.

The owner is also subject to restrictions in the form of real estate transactions, so it will not be possible to urgently sell the apartment.

Theoretically, this is possible, but in practice, few people would want to purchase living space with strangers registered there, albeit on a temporary basis.

In addition, the owner, as mentioned above, will have to pay more for the apartment if there are no meters. Even if they are available, the data of the devices will increase if there are many residents in the apartment.

Difficulties and costs arise when an employer moves temporary residents into an apartment and does not notify anyone about it. Then, objectively, payments for utilities will increase.

If a commercial lease agreement has been concluded with a registered person, it is not so easy to terminate it unilaterally. According to clause 2 of Article 687 of the Civil Code of the Russian Federation, this is only possible in court, which adds unnecessary problems for the owner. In reality there are a lot of unforeseen situations.

Consequences of illegal rental housing for migrants

If the property owner complies with the laws of the Russian Federation related to the mandatory registration of registration for foreign tenants, he has nothing to worry about. Consequences of lack of registration for illegally residing migrants:

Fines . The minimum amount is 2000 rubles . The amount of the penalty can reach 300,000 rubles.
Forced labor for up to 3 years .
Imprisonment for up to 3 years .
Penalties for utilities and taxes . When it turns out that the owner evaded paying utility bills at a higher rate, the management company may make financial claims. The Federal Tax Service will also charge penalties for non-payment of taxes.

Rights of temporarily registered persons

REFERENCE: The concept of “temporarily registered persons” is not contained in the legislation, but it is constantly used at the everyday level, so it is firmly rooted even in professional slang.

If we expand this definition, it turns out that these are persons who are registered by a special government body (FMS) at their place of residence. However, their previous registration at the place of residence remains in force.

An owner registering new guests in his apartment must know that they also have rights and must be taken into account.

At the same time, it is important to answer the question: is the property privately owned or is it transferred under a social contract? hiring

The law does not spell out exactly what temporary residents can do in someone else’s premises. If we consider from the point of view of the institution of property rights, then they can legally use the property carefully, as indicated in Article 677 of the Civil Code of the Russian Federation.

More specifically, according to Article 677 of the Civil Code of the Russian Federation, such persons can carry out the following actions:

live in the apartment for a certain period of time;
move in relatives and other persons on a permanent basis, as well as temporary residents for a period of no more than six months with prior notification and obtaining consent from the owner;
move in minor children without obtaining the consent of the owner;
carry out routine repairs of the premises;
take advantage of the pre-emptive right to renew the lease agreement in the event of its expiration;
sublease the premises with the permission of the owner.

IMPORTANT! It is advisable to fully disclose all rights and obligations of the parties in the commercial lease agreement. The issue of paying for utilities must be included in the agreement itself so that there is no misunderstanding on this issue.

If the apartment is in state or municipal ownership, then temporarily registered persons do not have the right to use someone else’s property. The apartment tenants who sublet the premises are solely responsible for them.

Before the temporary registration of persons, it is necessary to obtain permission and consent from the city administration or municipality. They are de jure owners who can refuse guests due to non-compliance with the rules of the general norm S per person and for a number of other reasons.

However, in any case, registered entities in such premises have the right:

reside for a certain period of time;
register minors;
move in temporary residents for a period of no more than six months.

We can say that their rights are more “reduced” compared to temporarily registered persons living in private apartments.

In most cases, people turn to homeowners for help, since in this case the registration process takes less time and bureaucracy.

Next, what are the consequences of temporary registration for the homeowner?