About the opportunity
Is it possible to check out of an apartment while in another city?
This option of terminating registration, such as deregistration after a person moves to another city, is absolutely real and legal .
Moreover, this option is much more time-saving and more convenient than the sequential procedures of extracting from the old address, and then registering at a new one (read about registration in another city).
In the Administrative Regulations of the FMS, approved by Order of the Federal Migration Service of the Russian Federation dated September 11, 2012 N 288 (as amended on January 19, 2015), clause 129 regulates the simultaneous conduct of two registration procedures at a new place of residence, which saves citizens from traveling to their previous place of residence and back, solely for the sake of accounting measures.
You can find out how to check out of an apartment in the MFC or through the State Services website from our article.
Legal assistance
Deregistration due to a change of place of residence is a standard procedure and almost never causes legal difficulties or legal consequences, while deregistration “to nowhere” is a completely different matter.
Before taking such a step, it would be useful to consult with a lawyer who is a specialist in housing law. This can be done on the Prav.io portal.
An experienced lawyer will also help you avoid mistakes and corrections/erasures when filling out Form No. 6, which often serves as a reason for refusing to accept documents. And, therefore, it delays the procedure.
The specialists of our portal are ready to help you in resolving all issues related to checking out of your apartment.
Methods
How can I check out while in another city?
Of course, the easiest way is to simultaneously register at a new address with an extract. Among other things, this is the most correct method from the point of view of the law.
But it is not always possible to immediately purchase housing in another region, and the purchase and sale process takes time, and the owners often allow you to live for a while, but they are not always ready to register (read about what to do if you have nowhere to register).
In such situations, there are 2 other methods to check out while in another city:
- by personal presence, but without registration in this city;
- through a proxy, also without registration.
In any case, you can cancel your registration from another location.
Extract from private housing
The apartment is personal property. The owner can dispose of his property as he pleases. But in this option there are limitations.
Thus, for personal reasons it will not be possible to deregister:
- relatives;
- children;
- those who refused participation and shares, which retains the right to use the premises for the person who refused to participate in the privatization process.
Other citizens can always be discharged to nowhere. It doesn’t matter and doesn’t mean anything that a person doesn’t have the opportunity to register.
How to apply?
How to check out of an apartment in another city?
You need to find out where the bodies authorized to carry out registration activities are located in this city, prepare papers and take steps that will lead to the termination of registration in the previous place of residence .
You should contact the territorial authorities that are empowered to receive citizens regarding deregistration:
- FMS division;
- MFC.
How to de-register and register at another address in another city? With a double procedure, it is convenient to come to the passport department at the organization servicing the residential building.
Where to go? Where to check out? Who should I contact?
Extract is made on the basis of an application and some accompanying documents. The procedure is administered by the Migration Department of the Ministry of Internal Affairs.
This service has also delegated some of its powers to multifunctional centers, MFCs (now called the State Budgetary Institution “My Documents”), which operate in the territories where real estate is located.
The period for deregistration directly with the Department of Internal Affairs of the Ministry of Internal Affairs is shorter than through the State Budgetary Institution. This is explained by the fact that employees of the State Budgetary Institution only process requests, and the Ministry of Internal Affairs still deregisters them. But the offices of the State Budgetary Institution are conveniently located, have a comfortable operating mode for everyone, and submitting documents there is much more convenient than directly to the Department of the Ministry of Internal Affairs. Discharge through the State Budgetary Institution can take from one and a half to three weeks.
Required documents
What documents must be provided for discharge? You need to have the following documents with you:
- passport;
- application for deregistration (form No. 6), only the lower part, if only termination of registration is required, and both parts in case of a double procedure;
- documents for the living space and the consent of the owner, if registration is also required.
Can I check out of my apartment while in another city and not register?
If a person does not intend to register in a new location, then he can indicate any other address instead of the true address of his future residence, because checks and clarifications will not be made.
If a citizen instructs a legal representative to cancel his registration, then he must have a power of attorney , executed by a notary, in the name of this representative, and his passport.
Papers are now accepted not in different offices, but in a single window, where an employee will check the correctness of filling out form No. 6 and certify the signature of the submitter or his representative.
You can find out whether it is possible to check out of an apartment to nowhere in our article.
Consequences of the “unregistered” status
Lack of registration brings with it social problems.
The citizen is interested in being registered immediately, because otherwise he will not have:
- medical care;
- policy;
- official workplace;
- kindergarten, school;
- benefits, benefits;
- there will be no opportunity to get a loan.
It may happen that you won’t be able to enroll in a public library, except that a person who has been discharged from nowhere may be allowed into the reading room.
If a citizen (family) is expelled, and the apartment is municipal property, then the right to participate in the privatization procedure is lost, for the natural reason that this right belongs to those who permanently reside in a particular place.
Timing and cost
The terms vary, up to 2 months.
However, these are only rumors, in fact, in accordance with clause 22 of the Admin. According to the regulations, the period is three days from the date of receipt of the application .
In the same Admin. Regulations paragraph 129, explains the procedure for carrying out the procedure from another locality: an application for deregistration will be sent within 3 days after registration at the new address, and will be forwarded to the registration authorities at the previous place of residence.
In this case, the citizen’s papers are not sent to a folder, but are left until confirmation is received from the old place about the completion of the deregistration procedure.
It follows from this that, taking into account modern technical capabilities, the entire process can take a maximum of 7 + 3 + 3 = 11 days (working days).
The service is not subject to state duty and is provided free of charge.
To the clinic
According to lawyer Sean Betrozov , it is also necessary to attach to the new clinic. This is necessary to receive medical care and free food for pregnant women and nursing mothers. In this case, there is no need to change the compulsory medical insurance policy to a new one. It is enough to make adjustments to it, otherwise the list of free services will be limited to the basic insurance program.
Do Russians want to change their place of residence? More details
When is the “nowhere” option allowed when selling an apartment?
- Sale of real estate in order to invest the proceeds in the construction of new housing or use them for other needs (opening, expanding an enterprise, fulfilling obligations to creditors, etc.);
- When leaving Russia for permanent residence in another country;
- If the owner has sold the property, he demands that the remaining residents leave;
- When an apartment is confiscated to account for an outstanding debt to a creditor.
For all cases, two options for deregistration are possible: voluntary and forced. In the first case, a person independently or through a proxy submits an application to the Department of Migration. In the second case, the passport office employees act on the basis of a court decision.
important to know! Forced discharge to nowhere occurs only by judicial act. Other options are illegal.
Being located without any registration - temporary or permanent - is fraught with a fine (up to 3 thousand rubles) and other unpleasant consequences.
- For temporary registration – within 90 days;
- If permanent - within 7 days.
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Undesirable consequences of “discharge to nowhere”
- You won’t be able to get an official job;
- They will not issue a compulsory medical insurance policy;
- Registration with the Pension Fund will be denied;
- You cannot obtain official documents (driver's license, foreign passport, etc.);
- They will refuse to accept an application for state social benefits;
- Children without registered parents are not accepted into preschool or school educational institutions;
- Documents for admission to the university are not accepted.
This is what threatens being discharged to nowhere. It makes life very difficult, especially for those who depend on government assistance.
The legislative framework
Issues regarding change of registration and eviction from housing are regulated by the following regulations.
- Resolution No. 713 of July 17, 1995 is a key law that describes the conditions for the movement of citizens within the country.
- Law of the Russian Federation dated June 25, 1993 No. 5242-1 states that the lack of registration does not become a basis for restricting the legal rights of citizens.
- Article 20 of the Civil Code of the Russian Federation defines the concept of “place of residence”.
Any deregistration and registration actions must be carried out in compliance with the norms established by law.
Punishment for lack of registration
The established procedure for registering citizens is essential. Staying, let alone residing in Russia without registration is an administrative offense.
Penalties that may apply include:
- fine;
- arrest;
- forced labor.
Detection of a violation of the legislation on registration of citizens: certainly 2000–3000 rubles fine (regions), 3000–5000 – capital and large cities).
Failure to pay a fine for a month: the amount of the fine is doubled. Delays in payment: arrest for 14 days or forced labor, but the fine will remain and must be paid.
By not having a residence permit, a citizen also punishes himself, since he is deprived of the opportunity to:
- get a job (officially);
- take out a policy;
- receive medical care;
- obtain an insurance number and have a pension;
- problems with passport and other documents;
- receive benefits;
- provide for the child (children's and school institutions).
Registration must be done seven days after moving to another place of residence. If a citizen resides permanently for more than three months without being deregistered at his place of registration, he is required to register temporarily.
