Registered a foreigner in the apartment for 3 years. Will there be problems upon discharge?
Reasons
According to the legislation of the Russian Federation, foreign citizens (ICs) can enter the country with a visa or in a visa-free regime. The following are entitled to visa-free entry:
Citizens of former CIS countries.
Representative of states that have an agreement with Russia on visa-free visits for 30 days.
Holders of temporary residence permit and temporary residence permit.
Other categories of IGs enter on the basis of a visa: business, private, educational, tourist, etc. You can obtain a visa by invitation from Russian citizens or legal entities registered in the state.
Additionally, on our website, you can learn about the nuances and features of registering foreign citizens at the place of residence, as well as how this procedure goes.
The purpose of the visit does not matter for the order of the procedure, but it does affect the length of stay in the Russian Federation.
Temporary registration is issued for:
1 year – for labor migrants;
3 years – for highly qualified specialists (HQS);
90 days in a half-year - citizens of visa-free countries.
A citizen planning to stay in Russia longer is required to apply for a temporary residence permit, residence permit or obtain Russian citizenship.
You can learn about the features of permanent residence registration after receiving a temporary residence permit from our article.
are not subject to temporary registration in the country:
VKS and members of their families.
Representatives of the crews of military vessels, if their stay in the country is less than 24 hours.
Transit travelers.
Travelers, if their stay in Russia is less than 7 days.
Crew members of buses, trains and airplanes, provided that they do not leave the territories of bus and railway stations and the airport.
The regulations for registering an IG are contained in Federal Law No. 109 of July 18, 2006 “On Migration Registration...”, Administrative Regulations of the Federal Migration Service of the Russian Federation No. 364 of August 29, 2013. The procedure is additionally regulated by the Federal Law “On the Procedure for Entry into the Russian Federation” and “On the Legal Status of ISIS in the Russian Federation”.
What are the rules for registering foreign citizens at their place of stay?
Official registration of CIS citizens in Moscow
Registration of official registration in Moscow of citizens of the CIS For employer companies, registration of migration registration occurs through the Ministry of Internal Affairs of the Federal Migration Service and it cannot cost less than 4000-5000 rubles, taking into account labor costs, transportation costs, waiting in line, preparation of documents and state duties: anything cheaper is an obvious fake. Beware of (fraudulent) registrations, because if you order an illegal document and the seven-day period passes, you will have to pay a fine from 2000 rubles to 5000 rubles. and you will additionally be added to the database of an administrative offense; if there are 2 such offenses, the FMS has the right to close entry to Russia for 3 years.
Temporary registration in Moscow is a primary legal requirement for every citizen planning to spend more than seven days in the capital or apply for work in Moscow. The attitude towards temporary registration on the part of citizens is often negative. This is due to the expenditure of time, waiting in line, filling out forms, etc., which is required when registering. However, registration at the place of stay in Moscow has many positive aspects for citizens. Official registration in Moscow gives a citizen the opportunity to receive medical care, education, a bank loan and other services. Availability of temporary registration is mandatory for obtaining a work patent for foreign citizens.
Temporary registration in Moscow for citizens of the Russian Federation:
In connection with the latest Changes in legislation from January 2013, all Russian citizens are required to register at the place of residence if they live in another region for more than 3 months, and persons liable for military service must register for military service at the place of temporary registration. According to the law, if you are a citizen of Russia and came to Moscow for less than three months, you do not need to obtain temporary registration at your place of stay, but if it is more than 3 months, then it is mandatory; in any case, you will be asked to provide it at your place of work, study, etc. etc. Registration in Moscow for citizens of the Russian Federation
necessary not only for those coming for permanent residence, but also for those temporarily residing in the capital.
Citizens of Russia are required to register at their place of residence Temporary registration in Moscow of citizens of the Russian Federation
, is issued only for the residential sector (apartment, dormitory, room) for a period of 6 months to 5 years.
Official registration in Moscow
formalized in accordance with the established procedure are suitable for all state. services: traffic police, traffic police, registration of a foreign passport, will also help you get a job according to the Labor Code of the Russian Federation in the personnel department, register with the clinic at the place of registration, take out a loan from a bank in Moscow and the Moscow region, enroll your child in an educational institution: children's kindergarten, school, etc. You can find out more in the section Registration of citizens of the Russian Federation in Moscow
Rules and deadlines for registration at the place of stay
The procedure for notifying the FMS begins upon receipt of a migration card (MC) at the border. From this moment, regardless of the time frame in which the person gets to his place of residence, the countdown of seven days for registration begins .
All responsibility for the proper execution of documents rests with the receiving party.
If an IG plans to stay in a hotel, the administration handles his registration. When the receiving party cannot complete the registration, the foreigner must do it himself .
When registering, foreigners should take into account the difference between the concepts of “inviting” and “receiving” party. The inviter is the person at whose request the foreigner enters Russia or receives a visa. Information about the inviter is entered into the MK.
After entry, responsibility falls on the receiving party , the person with whom the foreigner will be registered. A citizen of the Russian Federation, a foreigner with a residence permit, a private entrepreneur, or a legal entity can act in this capacity.
There may be several host persons during his stay in the Russian Federation, depending on how many times the foreigner changes his place of temporary residence.
By registering, the host assumes responsibility for the behavior of the guest and actually takes him under his own protection. The presence of the host during registration is mandatory; the guest may not appear at the FMS for the procedure.
Registration at the place of stay is issued for the duration of the visa. For visa-free entry, the period is 90 days, after which the foreigner must leave the country. Registration accounting accordingly ceases from this moment.
If the IG lives in the premises for less than 7 days, registration is not required.
Special frameworks have been introduced for the following categories:
citizens of Belarus, Armenia, Kazakhstan – 30 days;
Tajikistan – 15 days;
Ukraine – 90 days.
The next day the IG must be registered:
Without a specific residential address.
Workers on shift.
Those under treatment.
Those checking into sanatoriums, hotels, boarding houses, and camp sites.
What is the procedure for registering foreign citizens at their place of stay?
Step-by-step instructions online through State Services
Unfortunately, the package of documents for registration is submitted in person to the department of the Ministry of Internal Affairs, which deals with migration issues or the MFC. Through State Services you can only make an appointment to submit documents, for this:
Register your personal account on the portal.
In the search for the portal, enter “Registration at the place of residence of foreign citizens.”
Select the appropriate button.
On the page that opens, select the blue tab on the right “Make an appointment.”
Choose a date and time, leave your personal information and email address.
We offer our readers other articles on the topic:
Migration map of the Russian Federation and Belarus.
The procedure for registering foreign citizens in a hotel, sanatorium, or tourist center.
Features of deregistration from migration registration.
How to check the registration of a foreign citizen?
Temporary registration of a foreigner at Russian Post.
Procedure
Registration is carried out by the Federal Migration Service at the residence address of the IG. The procedure consists of submitting a notification of the stay of the IG , filled out directly at the department or sent by registered mail. When filling out the notification, the applicant must present a passport.
You can send a notification by mail once, only when registering for the first time.
If the host party is a hotel, the notification is sent to the FMS by email. Copies of the following documents are attached to the notification :
documents for residential premises. If the property has several owners, the consent of all will be required;
birth certificate (for a citizen with a child).
The notification is issued on a special form, in block letters, without abbreviations or corrections. All information entered in it must match the documents. The form is provided free of charge at the FMS office and at the post office.
Read more about registering foreign citizens at the post office on our website.
The employee receiving the notification registers the document and returns its detached part to the applicant. The detachable part is transferred to the IS and serves as the basis for his official stay in the Russian Federation along with a visa and migration card.
Special conditions apply to Ukrainians who have the right to reside in Russia without temporary registration for 90 days. They are required to register if they plan to stay in Russia longer.
Temporary registration in Moscow for CIS citizens for 3 months.
Temporary registration in Moscow for up to 90 days can be issued for an apartment, room, dormitory, or the actual address of the employer’s company if the organization has living quarters for employees - this is established by law. There are options for submitting notifications of arrival; it is possible to submit documents for temporary registration directly to the regional office of the Federal Migration Service at your place of residence, or send them through post offices by registered mail, but in both cases, the receiving party is responsible for completing the registration. 1-If registration is issued for an apartment, then the owner of the premises or any person registered there must contact the FMS department, with the consent of all owners, provide documents for the apartment, a passport and documents for the person being registered (passport, migration card, application form). 2-If registration is made for the company of the employer, who acts as the receiving party, then the director or personnel officer must contact the FMS department and provide documents for the company (TIN, OGRN, Charter, lease agreement), etc., first the company itself is checked, and After this, your employees are allowed to register. We provide assistance in obtaining temporary registration in Moscow for employer firms only directly through the branches of the Ministry of Internal Affairs of the Federal Migration Service, as practice shows that notifications sent via mail are very often not entered into the database of the Ministry of Internal Affairs of the Federal Migration Service, or are entered, but with a great delay, and this has a negative impact on registration any further documents.
Where can I register temporarily?
For foreigners, registration is possible in the following premises:
Any residential premises.
An organization providing hotel services.
Medical institution (hospital, sanatorium, boarding house).
Children's health facilities.
Correctional colonies.
You cannot register in a vehicle or tent.
The location of the migrant and the host may be different. If the citizen receiving the foreigner owns several premises, he can register the foreigner in any of them, regardless of his registration.
This fact often becomes the reason for refusal to accept notification by responsible employees. Their actions are contrary to the law .
Features for migrant workers
The procedure for registration at the place of stay does not depend on the timing of its registration. The only difference is the possible length of stay in the Russian Federation. How to register for 3 years for foreign citizens or for a year?
Registration for a long period - from one to three years - is possible exclusively for migrant workers. Registration of these categories of foreigners has some features:
Registration of a highly qualified specialist is carried out on the basis of a work permit for the duration of the employment contract . The employment contract has a maximum period of 3 years, therefore, upon its expiration, an extension of the contract and registration is required. If the term of the employment contract is less than 90 days, temporary registration is not necessary . In case of early termination of the contract with VKS, registration is valid for another 30 days.
When registering under a patent of foreign citizens, the period depends on the tax paid for the document . If payment is made three months in advance, the registration can be extended for this period; accordingly, if the patent is paid for six months, the period is extended by 6 months. Payment for a patent is made before filing an application for registration. The payment receipt is attached to the package of documents. A peculiarity of registration under a patent is its cancellation in the event of a migrant crossing the border . In this case, funds paid to the budget of the Russian Federation are not returned to the migrant.
You can learn how to renew a patent registration from the video:
Leading legal consultant of Est-a-Tet company Yulia Dymova answers:
If the registration was temporary, then there will be no problems with the checkout. But if there is a contract for free use, its own nuances appear. If a fixed-term contract has been concluded, it is terminated upon expiration of the term. If it is indefinite, then it must be terminated by a joint application of the parties or by court. But the citizen, of course, will need to be deregistered by writing an application to the MFC, or wait until the end of temporary registration (registration at the place of temporary residence).
How to rent out an apartment profitably?
How to rent out an apartment for a long term: 16 articles
Extension
Temporary registration for a foreigner is only available for the duration of the visa or 90 days for visa-free countries . After this period, he is obliged to cross the border in the opposite direction.
In special circumstances , the rule does not apply and registration can be extended . The action is possible if the following conditions are met:
visa extended;
a temporary residence permit or temporary residence permit has been issued or an application has been submitted for their receipt;
the contract with VKS was extended;
the migrant has been issued a patent;
the foreigner has been granted refugee or forced migrant status.
An additional reason may be circumstances when travel is impossible: ISIS disease, death of a close relative.
Renewal of registration is carried out on the basis of an application submitted by a foreigner, the following is attached to it:
MK and passport.
A document base.
List of documents: which ones need to be prepared?
Registration of registration of a migrant who has a temporary residence permit or residence permit takes place at the Ministry of Internal Affairs at the place of residence. Below is what you need to provide to obtain registration. This is the following list of documents:
Application for registration in the prescribed form No. 2 on behalf of a foreigner (the form can be downloaded on the Internet and printed or obtained from the relevant authorities of the Ministry of Internal Affairs).
An identification document of a foreigner (passport) and a notarized translation.
A document giving the right to long-term residence in Russia (TRP or residence permit).
Receipt for payment of the state fee (payment details are obtained from the migration service, where you will register).
Arrival sheet.
One copy of the notarized consent of the home owner for registration and occupancy of a foreign citizen.
A document confirming the right to use residential premises (certificate of ownership; lease or gratuitous use agreement, notarized).
An extract from the house register (not required, but may be asked).
List of documents for registration at the place of residence of a migrant homeowner:
Application for registration at the place of residence form No. 2.
Passport of a foreign citizen with a notarized translation.
Residence permit or temporary residence permit.
A document certifying the right of ownership of residential premises for a foreigner.
Receipt for payment of state duty.
If a foreigner in Russia is the owner of more than one residential premises, then he is also required to indicate information about the others.
Deregistration and re-registration
A migrant’s departure from the country after the expiration of the registration period is a reason for deregistration; the registration becomes automatically invalid . The tear-off coupon and MK are handed over to the border guards.
Upon new entry, all registration activities are repeated in the same order.
The reason for deregistration is the death of a foreigner and fictitious registration. The fine for fictitious registration is 5,000 rubles. After deregistration, the migrant in this case is subject to immediate deportation.
His visa is automatically cancelled . According to the law, violation of migration legislation may result in a ban on entry into the Russian Federation for up to 3 years.
A fine for late registration of an IG is imposed not only on it, but also on the receiving party:
up to 4000 - for an individual;
up to 500,000 - per legal entity;
up to 50,000 - per official.
During his stay in the country, a migrant can change his place of residence. He is obliged to notify the FMS about this . The new receiving party must take the tear-off portion of the notice from the foreigner and submit the notice.
Reasons for refusal
During registration, problems may arise in the form of refusal by the Federal Migration Service. The grounds for refusal according to the law are:
Errors in notification.
Incomplete package of documents.
An attempt was made to register in an inappropriate location.
The residential premises in which registration is carried out is under arrest or pledged.
There is no consent of the owner of the premises.
In some cases, may be attempted again after the obstacles have been removed. The procedure for registering an individual at the place of residence is quite simple and does not require the collection and provision of special documents.
Violation of the rules entails serious punishment, so you should not delay the process.
You can learn about the rules for temporary registration of foreign citizens in Russia from the video:
Step by step procedure
Foreigners who have received a document confirming the right to long-term stay in Russia undergo the registration procedure in the following order:
A notarized translation of the passport and the consent of the apartment owner for registration are prepared in advance.
The state duty is paid at any bank.
An application for registration at the place of residence is written.
A package of documents is provided to the Ministry of Internal Affairs or MFC within seven days from the date of receipt of the temporary residence permit or temporary residence permit.
For a foreign citizen who owns housing on the territory of the Russian Federation, the procedure for obtaining registration is similar to that in which the foreigner does not have his own housing:
An application for registration at the place of residence is written.
State duty is paid.
A notarized translation of the passport is made.
A document confirming the right of ownership of housing is provided (if available, information about other residential premises owned is provided).
Within 7 days after receiving a temporary residence permit or temporary residence permit, this package of documents is submitted to the relevant authorities for registration.
Features of the procedure without the personal presence of the apartment owner
Based on practice, many migrants are denied registration without the presence of the owner , however, if he is absent due to some force majeure circumstances, you can issue a power of attorney to another person from a notary. In this case, the documents are supplemented with a notarized copy of the homeowner’s passport, a statement of consent from the authorized person and his passport.