How to get to school without registration or without Russian citizenship

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Any Russian must be registered at the place of residence or temporary stay. A citizen of the Russian Federation without a residence permit cannot receive social benefits and enjoy government benefits; in addition, difficulties arise in finding employment. In general, there will always be restrictions along the way; it will definitely not be possible to fully realize your rights. A child will certainly not be accepted into school without registration, since the Law obliges everyone, including minors, to have registration. How does such a restriction correlate with the current norms of legislation in the field of implementation of civil, constitutional rights and human freedoms?

On what basis is it possible to enroll a child in school without registration?

The Constitution of the Russian Federation stipulates that the presence or absence of registration is not a reason for restricting and infringing on human rights with regard to obtaining an education; it also enshrines the right of everyone to an accessible and free school education. In addition, the Federal Law on Education regulates the lack of rights of the school administration to refuse education to those who wish to receive education, regardless of race, religion, place of origin, and most importantly, place of residence. Based on these standards, a child has the right to study at school without registration. If it were not for the inconsistency of the legislation: The same Federal Law on Education establishes priority for children living in the territory where it is located. In this situation, without confirmation of the fact of territorial affiliation with the school, it may serve as a legal refusal due to the lack of free places.

If parents do not live together...

Since the consent of both parents is required to formalize the temporary registration of a child, difficulties arise if mom and dad live in different cities and are not officially divorced, although they have ended the marriage relationship.

If an official divorce has taken place, then the consent of the second parent is not required. Otherwise, you will have to resolve the issue peacefully or go to court.

If it is necessary to move a child abroad and obtain temporary registration there, then if the parents are divorced, this also does not create any special difficulties.

If the second parent has not left with the Federal Migration Service a written ban on taking the child out of the country, then border guards have no right to prevent the minor from leaving the country.

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What steps must be taken to enroll in school?
In this situation, there are two options for solving the problem: 1. Get a referral by contacting the Education Department. You can apply on the following grounds:

• Legal status of emigrants/refugees of the parents or child;
• Realization of the rights according to the Constitution to universal access to education;
• Exercise of the right to study at the actual place of residence in a subordinate school.

2. Obtaining temporary registration for parents and child. More about this below.

Minimum list of documents for admission to school:

• birth certificate;
• the child’s medical record from the previous place of study;
• application for admission from a parent;
• certificate from a medical institution of the established form.

You can find out if there are any other reasons for going to school without registration on other grounds by asking a question on our website.

Documents for temporary registration of a child and the cost of the service

Parents can register their child temporarily for school upon provision of a number of documents:

• Passport of a Russian citizen of the parent whose registration is planned.
• For a child who is already 14 years old, a passport must be provided. Children under this age and newborn babies are required to have a birth certificate.
• Papers confirming the possibility of living in the living space. This could be a purchase and sale agreement or rental agreement for a certain period or any other document indicating the possibility of residence.

Important! When planning independent living for a person over 14 years of age, written parental consent is additionally required.

To be completed by father or mother, but confirmation from both is required. The state service for temporary registration is possible by submitting an application in person; this cannot be done through third parties. It is filled out upon arrival at a government agency on company letterhead. You can also use the services of a single portal.

What you need to know about registration

It should be understood that “propiska”, a term previously used in the USSR, is now found only in everyday, colloquial speech, and the word “registration” is a legally recognized term used by law, although in fact these are synonyms and have the same meaning. Permanent registration arises as a result of ownership of property. But the absence of one’s own property cannot affect the exercise of a citizen’s rights. An alternative and so far the only option for legal residence is temporary registration and differs from permanent registration by a limited period of validity. But if there is no registration at all, this is an offense and entails administrative liability in the form of a fine for lack of registration, sometimes of considerable size.

How long can you live without registration in Russia?

According to the Federal Law on the Right of Citizens to Freedom of Movement, the maximum period of stay without registration is 90 days. When considering the specified norm of the Federal Law, it is necessary to note the following nuance: the starting point of such a period is the day of actual arrival at a specifically defined place, which is not recorded by anyone. An exception may be in specialized places: hotel houses, hotels, medical institutions, correctional centers and the like - there the administration is obliged to register the length of stay of the citizen, and in case of non-compliance bears administrative responsibility. Thus, we can conclude that if a citizen without registration is not detained anywhere for a period longer than established, in theory he cannot be held accountable, but in reality, in the event of a collision with law enforcement officers, such a fact will be difficult to prove. Some citizens have found a way to avoid punishment for lack of registration by purchasing car and train tickets.

In what cases can you stay without registration?

Based on the directives of the above law, registration is not required for a citizen in the following cases:

• for a stay in Moscow, if you have permanent registration in a residential building in one of the districts of the Moscow region;
• arrival in St. Petersburg also does not require registration, provided that the main place of residence is registered in the Leningrad region.

Along with the existing clauses, an addition has been added to the Federal Law: residents of the Republic of Crimea with permanent registration also do not need to register upon arrival in Sevastopol. A citizen of the Russian Federation without registration at the place of residence in other cases is obliged to register with the authorized body.

Registration of minors

Temporary registration of a minor child

According to the laws of the civil and family code, persons under 14 years of age are automatically registered at the place of residence of their parents. In the event of a divorce, the child’s place of residence will be the living space where one of the parents is registered.

According to the Administrative Regulations, in an apartment where one of the parents is registered, a child can be registered without anyone’s consent. Upon reaching the age of 14, a child receives additional civil rights and can be registered without parents, but with their written consent.

How to obtain temporary registration

Such registration is needed by the state to maintain statistical data on population registration, and by citizens as an alternative to permanent registration. Key points that arise after receiving registration:

• the maximum validity period is 5 years, after which you must register again within 7 days;
• the opportunity to use all government services, including medical and educational;
• official employment;
• social contributions and benefits;
• the opportunity to enroll a child in school.

List of documents for temporary registration:

• identification document;
• completed application;
• If the owner of the property where you are registering cannot be present in person, a statement certified by a notary is required.
• documents for the property where you are registering;
• for a child the list is the same.

You can register by visiting the authorized body, and on the official website of the State Servants online. Obtaining temporary registration is a notification procedure and does not require any checks. By the way, there is no state duty. The period for receiving registration depends on the method of application, but in general it is about three days. If some documents are missing and additional time is required for consideration, the period is extended to eight days, then a certificate of registration with the authorized body is issued. A citizen of the Russian Federation without a residence permit, having received temporary registration, will be able to fully exercise their rights and legally rely on the provision of protection by the state. Administrative liability for lack of registration or late receipt of it If for some reason you still doubt the need for registration, then be prepared to bear administrative liability in the form of a fine. Some types of offenses and fines

• lack of registration: for residents of Moscow - up to 5,000 rubles, for residents of other cities of Russia - up to 3,000 rubles;
• late registration – up to 5,000 and 7,000 rubles.

It should be noted that there are other types of offenses established by the Code of Administrative Offenses. It is important to know that the owner of the property will also be held administratively liable in the form of a fine for allowing citizens to live in their home without registration. Based on all of the above, the obvious preferential, and most importantly, legal option for living on the territory of the Russian Federation is to obtain registration at the place of location. Summarize:

• registration is necessary for everyone and is mandatory, with the exception of citizens who have stayed in the country for less than 90 days;
• permanent registration arises on the basis of residential property, and temporary registration on any other property, the only condition: the intended purpose of the object must be housing;
• the easiest way is to obtain temporary registration, which will also allow you to exercise your rights and move freely around the country;
• It is quite difficult to get to school without registration, so it is easier for a child to obtain temporary registration;
• Failure to register is an offense and entails an administrative fine and, in some cases, a criminal fine.

You can ask a lawyer on our website for other questions regarding registration.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge Ask a question to a lawyer

Possible reasons for refusal

It is not always possible to place children in a school other than their place of registration. The main reason is the lack of places. In this case, the advance time of filing the application does not matter. This is especially true in urban areas with a large number of new buildings, but undeveloped social infrastructure.

One of the common grounds for refusal is the effect of Law No. 310-FZ, which indicates that children officially residing in the area have priority for admission. If a child was registered earlier, but without registration in the area, a child with registration can be taken in his place. These rules have not changed in 2021.

Additional reasons for refusal:

• a specialized institution intended for children with special needs;
• the opposite situation, when due to the child’s health characteristics he cannot study in a regular school;
• This is a private training organization that accepts only after certain tests have been carried out.

The latter option is becoming more and more common, but in fact it contradicts paragraph 3 of Article 5 of Law No. 3266-1. But since such a school does not belong to a state or municipal network, these rules do not apply to it.

Advice! To increase the likelihood of a device, you should apply as early as possible. This opportunity will be available to parents without local registration only from July 1 to September 5, 2021.