If you intend to travel to another country, in almost all cases you will need a passport. There are only a few states where Russian citizens are allowed to enter with an internal passport, so obtaining a foreign passport cannot be avoided. However, not all citizens have the opportunity to receive the document in person. There are situations when a passport is urgently needed, but circumstances do not allow you to pick up a ready-made document. In this case, it will be useful to find out whether it is possible to obtain a foreign passport by proxy in 2021.
When might a power of attorney be needed?
A power of attorney is a document that one person (the principal) issues to another person (the attorney) for representation before a third party. For example, travel companies offer their services as a proxy when obtaining a foreign passport. Such help may be needed in several cases:
- the person is in another country and is physically unable to come to pick up a completed passport;
- the principal is seriously ill;
- the citizen does not have time to complete documents due to work or personal circumstances;
- a person has no desire to stand in lines to pick up a ready-made passport.
There are many more objective and subjective reasons, but none of them are sufficiently valid for issuing a power of attorney.
Is it possible to obtain a passport using a power of attorney from the point of view of the law?
Despite the abundance of companies offering to obtain a foreign passport by proxy, this procedure is prohibited by law. Article 8 (“Obtaining a foreign passport”) of the law “On the procedure for leaving the Russian Federation and entering the Russian Federation” contains a description of the conditions for citizens to obtain a foreign passport. In accordance with them, the document can be obtained only in three ways:
- Personally.
- Through a legal representative. Such representatives may be trustees, guardians or parents (in the case of a minor child).
- Remotely – if a person draws up a document not at the place of registration, but at the place of actual residence. In this case, the registration procedure will take longer. More information can be found in the article “How to get a foreign passport without a residence permit.”
Thus, according to the current law, it is impossible to either issue or receive a passport by power of attorney. Even close relatives cannot obtain this document for an adult citizen. The exception is situations when the receipt is carried out by the legal representative of an incapacitated person.
There are several reasons why such a ban appeared. The main ones are the following:
- A foreign passport is an identity document. Therefore, in order to prevent fraud, it is given personally to the applicant;
- a new passport requires the submission of biometric material, in particular, fingerprints, which the representative will not be able to submit;
- When registering an application for a new type of international passport, the photograph is taken on the spot, and not brought along with other documents.
At the same time, for an old-style passport, biometric materials are not provided, but you can bring a photo. It was proposed to receive it by proxy. However, this will not be possible in 2021.
On what basis is a foreign passport not issued by power of attorney?
An identity document abroad can only be issued to the applicant personally, after which he will sign for its receipt. This rule is regulated by Law No. 114 of August 15, 1996 , which determines the procedure for entry and exit from the Russian Federation.
The validity of a notarized power of attorney extends to almost all original documents issued by healthcare institutions, pension, insurance, and tax systems. But obtaining a passport and international passport is an exception, because
. We are talking about ID here.
This procedure for issuing documents can be justified by the fact that fraud in the country and abroad is becoming widespread, and many citizens suffer from the actions of criminals in possession of other people’s documents.
- One of the aspects of not issuing a foreign passport is serving a sentence in prison; this prohibition is valid until the person spends the prescribed period in a closed institution. If we take into account the theoretical possibility of providing a power of attorney to obtain a foreign passport at a visa center, then for such citizens there is the possibility of illegal departure from the country.
- There are frequent cases of applying for loans using someone else's documents, and the key to them may be obtaining a passport and international passport by a third party without the presence of the applicant.
It is worth noting that there are no exceptions for issuing a passport by proxy. Travel companies that offer such a procedure as a service should not be trusted, because... Fraud can also occur among legal entities.
How to submit an application online if it is not possible to visit the Main Migration Department of the Ministry of Internal Affairs
At the first stages of obtaining a passport, you have the opportunity not to contact government authorities in person by sending all the necessary documents via the Internet. The State Services service operates in Russia. This is a modern, convenient website where you can submit electronic copies of documents to obtain a new passport or replace an expired document. At the same time, applicants avoid standing in long queues.
Working with the site is very simple:
- Register, select the service you need, submit the application form and copies of documents (in electronic format).
- Submit the original documents to the local MFC or department of the Main Department of Migration of the Ministry of Internal Affairs of the Russian Federation. You will receive a message in your personal account on the website about when and where to go. After this, you should come at the appointed time with the originals of the submitted documents, where they will be verified with the data received electronically.
- At the end of the period allotted for processing the document, the applicant will receive a message stating that his passport is ready and instructions on where it can be picked up.
Working with the service is quite simple; you will learn more about it in the article “Issuing a foreign passport through State Services”.
In what cases is a foreign passport issued without a power of attorney?
There are several cases when it is allowed to obtain a foreign passport through third parties. For example:
- Minors. In this case, one of the child’s parents can fill out the application form for issuing a foreign passport. If a child has been adopted, guardianship or trusteeship has been issued over him, the legal representatives of the minor can draw up the documents. But only if the child is under 14 years old. More information about the procedure for obtaining a document can be found in the material “How to get a child a foreign passport.”
- Incapacitated. This category includes not only persons officially recognized as legally incompetent, but also seriously ill citizens. Legal guardians can collect the passport on their behalf.
In the case of minors or incapacitated citizens, a power of attorney is not needed, but other documents may be needed:
- a court order confirming the legality of guardianship;
- birth certificate in which the representative is indicated as the parent;
- documents on adoption or guardianship if the child is step-child.
There are several nuances associated with obtaining a passport for children:
- After receiving a Russian passport at the age of 14, the child becomes a full citizen of Russia. This means that he must pick up the documents independently, while under the supervision of a parent;
- issuing a foreign passport for a child under 14 years of age may not be necessary at all: if the parent has an old-style foreign passport, it is enough to enter the children into it.
Difficulties in obtaining a passport
Many people face this problem: an application for obtaining a document must be written to the migration service at the place of residence (in the territory where permanent registration is registered). But not every citizen lives at this address
.
To solve this problem, there is a procedure defined by law. If a person does not have the opportunity to travel to the place of registration and obtain a foreign passport, then he can contact the migration service at the place of stay (i.e.
.
residence)
.
In this case, the waiting period for document registration will be 3 months, because The government agency must make a request to the locality where permanent registration is registered.
To do this, you must provide the following package of documents to the Federal Migration Service office at your place of residence:
- a copy of the passport of a citizen of the Russian Federation;
- a completed application (the form can be found on the migration service website);
- if there are children, copies of their birth certificate;
- for men military ID.
After submitting the documents, the specialist will issue an application number, according to which you can track the process and the moment the passport is ready.
Options such as: FMS employees sending a document by mail to the place of residence or receiving it by another person are illegal and not practiced by migration service specialists.
If this document has already been produced, but it is not possible to pick it up, you can plan this procedure for another time, since it will be stored at the Federal Migration Service until its expiration date.
How to obtain a passport with a visa through a visa center by proxy
There are no clear prohibitions in the legislation of the Russian Federation on applying for and obtaining a ready-made visa through a proxy. But this only applies to cases where we are talking about a short-term entry permit. To obtain a long-term visa, you need to undergo an interview and submit fingerprints, which a representative with a power of attorney cannot do.
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The authorized representative has the following powers:
- can submit documents to the visa center;
- may collect certificates on behalf of the applicant;
- may make payment of duties and fees;
- can pick up a foreigner with a ready visa.
That is, in order to receive a passport with a visa, the authorized person needs to go through the same procedure that the applicant would go through if he were to draw up the documents in person. The only difference is that a notarized power of attorney must be attached to the list of documents submitted to the visa center.
When you can’t get a foreign passport by power of attorney
Issuance of a foreign passport by power of attorney is not permitted by third parties, unless the law provides otherwise. Any citizen who has reached the age of majority has the right to use the services of an intermediary company. Usually these are travel agencies that work directly through the Ministry of Foreign Affairs, and not through the departments of the Department of Internal Affairs of the Ministry of Internal Affairs
. In this case, the period for receiving the document ranges from 10 days to one month.
You cannot receive a completed international passport with a power of attorney at the visa center if errors were made when submitting documents for a visa, or the power of attorney does not meet the established requirements of the center. Receipt may be refused if the notarized document does not indicate the date, there is no complete information about the citizen, or information about minor children is not included.
General requirements for issuing a power of attorney to obtain a foreign passport at the CC
A power of attorney can be issued to:
- Legal entities.
- Adults and capable individuals.
The document must be certified by a notary and contain the following information:
- full name of the document (“Power of Attorney for obtaining a foreign passport”);
- data of the principal: full name, date of birth, Russian passport number, citizenship (if necessary), place of residence;
- data of the authorized person: full name, date of birth, Russian passport number, who issued it and when, residential address;
- assignment – the exact list of assigned tasks is indicated. For example, obtain a foreign passport, sign, and perform other actions required by law;
- full name of the place where you need to obtain a passport: country, city and address of the institution;
- validity period of the power of attorney;
- signatures of the parties;
- date of execution of the power of attorney;
- notary marks.
All of the above information must be provided. For example, if you forget to put the date of issue of the document, the paper becomes invalid. And without specifying the validity period, the power of attorney will be legitimate instead of three years, only one year.
Sample document:
Questions and answers
Is it possible to pay the state fee not from your own account if you are a representative by power of attorney?
Yes, you can. The tasks of the representative are specified in the text of the power of attorney. If it says: “Payment of the state duty is made from the principal’s account,” then the representative does not need to pay anything. It’s just that all the nuances must be spelled out in the text of the power of attorney.
Is it possible for a power of attorney to be certified by someone other than a notary?
No you can not. To obtain any documents, including a passport with a visa, you need a notarized power of attorney.
Is it possible to pick up a completed passport later?
If the new passport is not picked up on time (1-4 months after submitting the documents), then it is sent to the archives of the central branch of the migration service. The certificate continues to be stored there for the entire period of its validity. If the delay is not very long (10-20 days) and there are serious reasons, employees have the right to demand verification of previously submitted documents. If the data matches, then it is possible to request a passport previously sent to the archive, after which the document can be issued to the applicant. If you delay for a long time, you will have to reapply for a passport.
Important points
The power of attorney is drawn up by a notary in the presence of all persons whose information is included in the document:
- confidant;
- applicant for a passport and visa;
- children from 14 to 18 years old.
It is necessary to ensure that all fields are filled out correctly and the validity period of the issued power of attorney is indicated. Is it possible to obtain a foreign passport by power of attorney if it is an old one? It is much easier to obtain an old-style foreign passport; it is more profitable if you are traveling with minor children. It is allowed to enter information about all children under the age of 13 years 6 months into the passport, but it cannot be entrusted to third parties.
. What do you need for a 5-year passport? This:
- application form from the applicant in two copies;
- a valid passport of a citizen of the Russian Federation;
- photographs of the established sample;
- information from the work record for the last 10 years;
- for men aged 18 to 27 years – military ID;
- old passport, if its validity has not expired;
- receipt of payment of state duty.
The list of documents for obtaining a new type of foreign passport is identical. Only persons who have reached the age of full civil legal capacity and are citizens of the Russian Federation can submit documents to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs or divisions in the regions.
. You can order a foreign passport for a minor or enter it into the current old-style foreign passport of one of the parents, provided that he has Russian citizenship.
conclusions
According to the law of the Russian Federation, it is impossible to obtain a foreign passport by power of attorney. However, citizens who cannot independently pick up the document at their place of residence are offered an alternative. For example, partially issue a document through State Services.
There are exceptions. They concern children and incapacitated citizens. For them, the representation of a trusted person is necessary, but a power of attorney is not required. You can also issue a power of attorney to obtain a visa. In this case, the representative will be able to pick up the completed document at the visa center. True, this can only be done if the power of attorney is correctly drawn up and certified by a notary.
Can you trust companies that offer to obtain a foreign passport for a person?
Now you can find many offers of services for registering and obtaining a foreign passport without your presence. But Russian citizenship does not provide for such an opportunity, and any proposals from supposed intermediaries are.
Registration of a foreign passport by power of attorney is also impossible, so you should not believe any proposals to make your life easier and resolve this issue without your presence. By agreeing, you can only waste time and money. They may show you a power of attorney to obtain a foreign passport, a sample of which will inspire confidence, but such a document is in fact invalid.