As we wrote earlier in the article, on July 8, 2021, Federal Law No. 163 came into force, which made significant changes to the issue of establishing and extending migration registration of foreign citizens, so now foreign citizens are required to be registered with migration authorities at the address of their actual place of residence. Due to the fact that many foreign citizens rent apartments for living, we decided to prepare instructions for registering a foreigner in an apartment, which can be useful both for foreign citizens renting apartments and for their landlords, who are now required to register their foreign tenants with migration registration , since registration of a foreign guest in an apartment is now a mandatory procedure.
In other words, if you are a foreign citizen who rents an apartment for living, then your landlord is obliged to do migration registration for you in the apartment, since this is now his responsibility in accordance with the current Federal Law No. 163.
If you are a landlord and rent out an apartment to foreign citizens, then now registering a foreign guest in the apartment is your responsibility, since foreigners can now register only at the place of actual residence.
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- A foreigner without registration in an apartment: consequences for the guest and the apartment owner
- Do not confuse the concepts: permanent and temporary registration of citizens of the Russian Federation and foreign citizens
- Permanent registration of citizens of the Russian Federation at the place of residence (registration)
- Temporary registration of citizens of the Russian Federation at the place of stay (registration)
- Temporary registration of a foreign citizen at the place of residence
- Temporary registration of a foreign citizen at the place of stay
- Why you shouldn’t be afraid to register foreigners in your apartment
- How can a foreigner register in an apartment: step-by-step instructions
- Sample of filling out the registration form for a foreign citizen in an apartment
A foreigner without registration in an apartment: consequences for the guest and the apartment owner
If a foreign citizen who rents an apartment does not have registration there or it has expired, there is a high risk of receiving an administrative fine in the amount of 2,000 to 5,000 rubles for violating the regime of stay in the Russian Federation.
This can be revealed either when checking the documents of a foreign citizen on the street or, for example, if a local police officer or a migration service officer comes to the apartment. Moreover, if this is not the first administrative offense, the foreign citizen’s patent will be revoked, and the foreign citizen himself will be subject to deportation with a subsequent ban on entry into the Russian Federation.
As for the owners of apartments that are rented by foreign citizens, they are required to register foreigners in the apartment in which they live. According to the Code of Administrative Offenses of the Russian Federation, in case of evasion of registration of foreigners for migration registration in an apartment, the owners are liable in the form of a fine in the amount of 2,000 to 4,000 rubles.
Foreigners who are not registered in an apartment can also be easily identified during an inspection based on a complaint from neighbors, during a police inspection, and other circumstances.
Important!
Temporary registration of a foreigner in an apartment is a mandatory procedure, both for the owner of the property, who is the receiving party and is obliged to notify the Ministry of Internal Affairs about the arrival of a foreign citizen at the place of residence (apartment), and for the foreign citizen, who must always have a valid registration in his hands in the apartment in which he actually lives.
Temporary registration of citizens of the Russian Federation at the place of stay (registration)
Registration gives the right to social services (medicine, education, pension, etc.), but also increases utility bills for the apartment, since they are calculated based on the number of people living.
Permanent registration of citizens of the Russian Federation at their place of residence
Due to the fact that many foreign citizens rent apartments for living, we decided to prepare instructions for registering a foreigner in an apartment, which can be useful both for foreign citizens renting apartments and for their landlords, who are now required to register their foreign tenants with migration registration , since registration of a foreign guest in an apartment is now a mandatory procedure.
Article 322.2. Fictitious registration of a citizen of the Russian Federation at the place of stay or at the place of residence in a residential premises in the Russian Federation and fictitious registration of a foreign citizen or stateless person at the place of residence in a residential premises in the Russian Federation (introduced by Federal Law of December 21, 2013 N 376-FZ)
Fictitious registration of a citizen of the Russian Federation at the place of stay or at the place of residence in a residential premises in the Russian Federation, as well as fictitious registration of a foreign citizen or stateless person at the place of residence in a residential premises in the Russian Federation - is punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three years, or forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years. Note. A person who has committed a crime under this article is exempt from criminal liability if he contributed to the disclosure of this crime and if his actions do not contain another crime.
I am the owner of a 1-room apartment. My family, my wife and 2 children, 8 and 18 years old, are registered in it. But we live in another two-room apartment; it is our property. We are 1 room We decided to rent it out to migrants from Uzbekistan, 5 people - they work at a metal structures plant, where the plant compensates them for something, either registration or payment for an apartment, in general, as they told them, it’s so profitable - they collect a package of papers every month, I register them as the owner in Mirats . The department does it every month and not for 3 or 6 months, etc. By agreement, they pay me a thousand a month for the register. Recently I registered them once again World. department and the woman inspector started to be rude, they wrote it wrong, they filed it wrong, etc., in general, I say the guys live with me, 5 people are factory workers, so I register every month, she doesn’t need to tell me fairy tales, I want to fine you (me) 120,000 like it’s not legal I register that in general I started to be rude and scream, I decided to remain silent and not argue, but the stone remained unpleasant. If they live with me everything is legal? Tell me how and what I should tell the inspector to motivate her if such a situation occurs.
Criminal Code of the Russian Federation Article 322.2. Fictitious registration of a citizen of the Russian Federation at the place of stay or place of residence in a residential building in the Russian Federation and fictitious registration of a foreign citizen or stateless person at the place of residence
one hundred residences in residential premises in the Russian Federation
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three years, or by forced labor for a period of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or without it, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without it.
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In addition to criminal liability, administrative liability is established for such citizens by the new Federal Law No. 376 and for the tenant or owner of residential premises. Thus, Article 19.15.1 of the Code of the Russian Federation on Administrative Offenses establishes that the residence of a citizen of the Russian Federation at the place of stay or at the place of residence in a residential premises without registration, or the admission of such residence by the tenant or owner of this residential premises beyond the established period, entails the imposition of an administrative fine on citizens in the amount from 2000 to 3000 rubles; for tenants, owners of residential premises (individuals) - from 2000 to 5000; for legal entities - from 250,000 to 750,000 rubles.
There is such a thing as a housing accounting norm. The establishment of this norm is determined by the laws of the constituent entities of the Russian Federation. It is at the regional level that it is determined how many square meters a person is entitled to. Standards are being established for registering citizens who need to improve their living conditions.
Such fines have been increased in the cities of Moscow and St. Petersburg: here for citizens the fine is already in the amount of 3,000 to 5,000 rubles; for tenants, owners of residential premises (individuals) - from 5,000 to 7,000 rubles; for legal entities - from 300,000 to 800,000 rubles.
- Housing owned by a citizen is provided under an agreement that specifies the rights of third parties;
- the premises are residential, but are in unsuitable condition;
- housing is under arrest, pledged or is the subject of a dispute;
- housing is not officially registered (extension to the house);
- by a court decision, the documents for the right of occupancy were declared invalid, or the transaction by which the right of ownership, disposal or use of housing was established was declared invalid.
Often, apartment owners, for the purpose of enrichment, register foreigners completely unknown to them. They contact special offices to which foreigners pay huge amounts of money for collecting documents and finding housing.
How to register a foreigner in your apartment?
- Full name, citizenship, date of birth, gender, profession;
- details of the document certifying personal data;
- details of the document on the right to stay (residence) in Russia;
- date and purpose of entry;
- migration card details;
- expected dates and address;
- address of the previous place (upon arrival at the new);
- a document that proves the person’s identity;
- an application form filled out properly (the application form and a sample for filling it out can be found on the Internet, for example, on the FMS website);
- documents that certify the existence of rights and grounds to be located on the territory of Russia (this could be a visa, residence permit, employment contract, migration card);
- passport of the person who is the host (owner or owner of the property);
- papers that confirm the existence of rights to dispose of residential premises - ownership documents, social tenancy agreement;
- consent in writing from all owners of the premises or registered persons, if the premises are not privatized;
- payment document confirming payment of the state fee for temporary registration.
Why there is no point in being afraid of registering a foreigner in your own apartment
To summarize the above, it is worth noting that homeowners are in vain afraid of registering foreign citizens in apartments, fearing further difficulties with their “check-out” and increased utility bills, since this does not apply to temporarily staying foreign citizens.
Therefore, if a foreigner asks the landlord to register him in a rented apartment for the period of his stay, this must be done without any fear, since there are simply no undesirable consequences for the owner of the apartment, since he is reliably protected by law - Federal Law No. 257, which we wrote about earlier in this article. If problems arise with a foreign guest, the landlord will be able to remove the foreigner from the migration register at any time by submitting a notice of the foreign citizen’s departure to government agencies.
We also remind you that temporary registration of foreign citizens with the owners does not entail an increase in utility bills for the apartment or additional expenses.
Below you will find detailed instructions on how to temporarily register a foreign citizen in a rented apartment.
General concepts and norms
The period for which registration can be issued to a foreign citizen depends on the regime of the country in which the person permanently resides. If a person entered the country on a visa, the possible period of registration will be limited to the period of its validity. If we are talking about visiting a resident of a visa-free country, the period of stay in Russia is limited to 90 days over six months.
Registration procedure
According to the norms of Russian legislation, the receiving party must notify the migration service within 24 hours about a citizen of another country who arrived in Russia for the purpose of employment or as a tourist.
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Detention Commutation Case My father was accused of fraud and taken into custody. A case of non-payment of compensation under CASCO. I got into a serious accident, fortunately, I survived, and the car was a pile of scrap metal. The case of insuring a mortgaged apartment I wanted to take out a mortgage on an apartment - the bank offered very favorable conditions.
How many foreign citizens can be registered in an apartment?
The case of the division of property of spouses. My husband found a young mistress and decided to divorce me. Criminal law Housing law Family law Loans Bankruptcy of citizens Other indicate get advice evaluate prospects draw up an agreement write a complaint claim write a statement of claim response to the claim take part in a court hearing other indicate. Enter a code:. Your contact information is protected.
So, the answer to the question of how many people can be registered in an apartment directly depends on several factors. The exception to the rules is always persons under the age of majority - this category of citizens is registered at the place of residence of the mother or father without the consent of other residents and owners of the premises and is not taken into account when calculating the permissible number of registered persons. In other cases, the calculation of the maximum number of residents has its own characteristics.
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Sample of filling out the form for registration of a foreign citizen in an apartment of an individual
A completed form for notification of migration registration from an individual. the face looks like this:
You can fill out the form for notification of registration of a foreign citizen in an apartment using this link. Download a blank form for notification of registration of a foreigner in an individual’s apartment. faces you can follow this link.
If you still have questions about registering foreign citizens in your apartment or have problems with documents, just contact a migration lawyer by calling or asking a question through the feedback form on our website.
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List of documents
The current law establishes that only the owners of the premises can register a foreign citizen in an apartment temporarily or permanently. In the case of municipal housing, the municipality acts as the owner. ⇐
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How to register a foreigner in a municipal apartment
- passport of the host party and guest of our country;
- documentation confirming the right of a foreigner to stay in Russia (migration document, visa, temporary residence permit, residence permit, etc.);
- confirmation of ownership of residential premises from the receiving party;
- written consent of all residents and owners to register a foreigner;
- completed application form;
- rental agreement for residential premises, if the apartment will be rented to a foreigner for money;
- receipt of payment of the fee for temporary registration.
The state service for registering a person with nationality in another country is paid. The amount of the duty is fixed in Art. 333.28 (subclause 19 of clause 1) of the Tax Code. For registration of a visiting foreigner, 350 rubles must be paid to the treasury.
It is important for homeowners to have an idea of how to register a migrant with them so that there are no complaints from the migration service. The procedure is carried out by the Department of the Main Department of Migration of the Ministry of Internal Affairs. To do this, a foreigner needs to prepare documents for temporary registration according to the list (presented below), write an application and submit the package to the authorized body.
Features of the procedure
The owner of the property can register a person who belongs to another state, which will not give him the right to the area. Being the sole owner of an apartment or house, the owner will be able to easily register a foreigner. If the housing is in shares, written consent of the co-owners will be required.
The cost of registration includes a notarized translation of a foreigner’s passport (approximately 1,000 rubles), certified consent from the home owner (approximately 1,500 rubles), state duty (350 rubles), that is, registration at a migrant’s place of residence will cost an average of about 3,000 rubles.
- name of the department of the Ministry of Internal Affairs to which the application is being submitted;
- personal data of the applicant (full name, date of birth, citizenship or nationality);
- address of the residential premises where the foreigner requests to register;
- details of the person providing the accommodation (full name or name of organization);
- a document giving a foreigner the right to use residential premises (a residential purchase and sale agreement, a notarized consent of the owner, a gratuitous use agreement or a lease agreement);
- passport details of the foreigner;
- information about residence permit or temporary residence permit;
- address of the previous place of registration;
- date and signature of the applicant.
Structure and rules for filling out the application
- 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.
- on a computer or manually;
- ballpoint pen with black or blue ink;
- the shape of the letters and numbers is presented on the form itself;
- The column is always filled in from the first cell - do not leave the first cell empty;
- each cell must contain only one character;
- between words you need to leave one cell empty;
- the document must not contain errors, blots or corrections; If there are any inaccuracies or marks, the form must be changed.
○ Advice from a lawyer:
✔ Responsibility for the residence of a foreigner without registration.
Responsibility for registering a foreign citizen lies with the receiving party. In the case of a rental relationship, this obligation rests with the lessor. If the registration period has expired, you must apply for a new one within 90 days. Otherwise, it threatens with a fine of up to 2,000 to 7,000 rubles.
✔ What if the homeowner does not have Russian citizenship?
The owner of the property has the right to register any person, regardless of citizenship, even if he himself is not a resident of the Russian Federation.
Specialist Alena Kharcha will talk about registration of foreign citizens on the territory of the Russian Federation.
Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal
What help can migrants and compatriots receive when buying housing in the Russian Federation?
A mortgage can be issued for a period from several months to several years. The benefit of the banking institution is that you repay the loan with interest. In some cases, if the rate is too high, at the end of the term it turns out that you paid twice the amount that was originally quoted for the apartment.
- Buryatia,
- Mari El Republic,
- Mordovia,
- Altai, Kamchatka, Krasnoyarsk, Primorsky, Transbaikal, Khabarovsk territories,
- Voronezh, Amur, Irkutsk, Kaluga, Kemerovo, Kaliningrad, Arkhangelsk, Kursk, Kostroma, Murmansk regions,
- Jewish autonomy,
- Yamalo-Nenets Autonomous Okrug.
