What is a place of residence?
What does the combination “place of residence” mean?
Legislatively, this definition is revealed as follows: a place of residence is a sanatorium, hotel, boarding house, rest home, tourist center, camping, hospital, other similar institution and residential premises, which is not the citizen’s place of residence, and in which the citizen is temporarily.
This concept is explained in the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation, approved by Decree of the Government of the Russian Federation of July 17, 1995 N 713.
Necessity
The need for temporary registration is clearly stated in Federal Law No. 5242 .
According to this law, temporary registration is necessary to be able to provide all the necessary conditions that serve as the basis for the citizens of the Russian Federation to exercise their rights and freedoms, as well as to fulfill certain obligations to other individuals, the state and various companies.
On the basis of Federal Law No. 5242, registration of citizens at the place of stay and residence in Russia is introduced.
Is temporary registration at the place of residence a right or an obligation of citizens?
Who is responsible for registering citizens temporarily at their place of stay in sanatoriums, hotels, hospitals, etc.?
The legislation establishes the obligation of citizens to register at their place of residence in the event that they leave their place of permanent or primary residence.
But not in all cases this responsibility is assigned to the citizen.
So, if the place of stay is a rest home, boarding house, hotel, sanatorium or other health institution, as well as a health care organization - a hospital, then the responsibility for registering citizens must be performed by employees of the administration of these institutions.
But this does not mean that citizens will not participate in the registration process at all.
For example, upon arrival at the hotel, a citizen is required to provide identification documents and must also fill out a form in the prescribed form.
For how long is temporary registration valid?
The first question that arises for a person collecting documents for temporary registration is related to the period for which he will be tied to his new place of residence.
Persons who have not familiarized themselves with the legislation are worried about whether the registration will last only a few months , after which it will become invalid? Then is the execution of this document worth the effort of collecting documents or reaching an agreement with the owners?
In fact, only the owner of the living space for which you are registering and, accordingly, you, by mutual agreement of the parties, can set the validity period of the temporary registration.
Additionally, you cannot set the term above or below the maximum limit. In the practice of obtaining temporary registration, certain deadlines have long been established for which you can apply for registration and they must be observed.
What documents are required for registration at the place of residence?
For temporary registration, a citizen of the Russian Federation must submit to the official responsible for registration a certain package of documents:
a) identification document
This can be a passport of a citizen of the Russian Federation (domestic or foreign; the latter is used exclusively when citizens permanently residing outside the country are registered), a birth certificate (if the citizen has not yet reached the age of 14 years).
It is very rare today that a passport of a citizen of the Soviet Union (1974 model) is used as an identification document;
b) the corresponding application for registration in the prescribed form
This application is signed not only by the applicant himself, but also by the owner (or tenant) of the residential premises where the temporary registration is issued.
It should be noted that the signature of the owner/tenant constitutes confirmation of this person’s consent to move in, as well as the temporary residence of the applicant;
c) a document serving as the basis for the applicant’s temporary residence in a specific residential premises
An example of such a document is a certificate of registration of the right to premises, a statement from the person providing the premises, a rental/sublease agreement or a social tenancy agreement.
If temporary registration is issued in the premises of the state and municipal housing stock, then along with the application of the tenant, the consent of the landlord, as well as all adult citizens who live with the tenant, is required.
How long does temporary registration take?
Answering the question of how long temporary registration takes, we can say that on average it takes 6-8 days . Within three days, the application is submitted to the registration authorities, which must also issue a temporary residence permit within three days and issue the citizen with a corresponding certificate.
To complete such registration, you need the consent of the owner of the premises or owners, if there are several of them. To register for a certain period, you will have to provide a certain number of documents to the Main Directorate for Migration and Migration (FMS): a passport, an application, the consent of the owner, as well as a rental agreement for the premises.
Where should a citizen apply to obtain temporary registration?
If necessary, obtain temporary registration (with the exception of hotels, sanatoriums and other similar institutions), a citizen can:
- apply directly to the territorial bodies of the Federal Migration Service with all the necessary documents;
- send the necessary documents by mail to the Federal Migration Service.
In this case, it is necessary to collect a package of documents and send it to the address of the relevant structural unit of the Migration Service.Documents are sent to the structural unit that has jurisdiction over the territory where the residential premises planned for registration as a place of temporary residence are located;
- send documents through the Government Services Portal. When choosing this method, you must be authorized on the Public Services Portal and use the Portal to send the entire package of necessary documents.
You will probably be interested in the mental map “How to register at your place of residence”, which describes the registration procedure
Or look at the mental map “Actions if you lose your passport”, with a diagram of what to do if your passport is lost or stolen
Temporary registration for citizens of the Russian Federation: subtleties of the procedure
Temporary registration in residential premises is possible only with the consent of the following persons:
- if we are talking about state or municipal housing stock, the consent of the tenant and all adult citizens living with him is required. Moreover, on the basis of Article 80 of the Housing Code of the Russian Federation, notification of a new temporary tenant to the landlord is mandatory! Temporary registration in such a housing stock is possible for no more than 6 months in a row. But even in this case, the landlord may prohibit the registration of temporary registration of citizens in these premises due to the fact that the housing standards designed for one person will be reduced;
- legal entity owning housing stock;
- direct owners of premises;
- board of the housing cooperative (provided that the member of the cooperative is not the owner of the premises).
As a general rule, registration of children under the age of majority at the place of residence of their parents is carried out without their consent.
This consent is drawn up in writing and certified by a notary or the body responsible for temporary registration. Next, the period of temporary stay of a citizen in a residential premises is determined (no more than 5 years) by agreement of both parties.
For what period of time is registration of citizens at the place of stay in residential premises carried out?
The registration period is established by mutual agreement reached between the applicant and:
- the owner (or owners) of the residential premises;
- the board of housing cooperatives or residential complexes, if the members of these cooperatives do not act as owners of residential premises;
- the tenant, as well as all adults living together with him, if registration is carried out on the premises of the state/municipal housing stock.
That is, it turns out that the current legislation does not determine any period of temporary registration.
Accordingly, this period depends only on what agreement the applicant and the above-mentioned persons come to.
Temporary registration - nuances and pitfalls
These include:
- hotels;
- boarding houses;
- sanatoriums;
- camp sites;
- holiday homes;
- hospitals;
- institutions of the penal system;
- service living quarters;
- house;
- apartment;
- room.
This concept is explained in the current Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation. Registration – a right or an obligation? Temporary registration (RF) is an obligation, so if a person leaves his place of permanent residence for a long time (more than 90 days), he must register at his place of residence. For foreigners, this period is reduced to seven days. The legislation does not always place responsibility for this procedure on such people.
Within what period are registration authorities required to register citizens at their place of residence?
Temporary registration is completed within three days from the moment the Federal Migration Service unit receives the required package of documents.
However, a different situation is also possible.
Thus, the applicant has the right not to present documents such as, firstly, a certificate of state registration of the right to the premises or, secondly, a social lease agreement for the premises as a basis for temporary stay.
And then the processing time increases: it can be eight working days.
How long does temporary registration take?
Representatives of the migration service, answering this question, talk about a maximum period of 8 calendar days .
At the same time, practice shows that the maximum period is considered to be 10 calendar days from the date of registration of the application for temporary registration.
If you need to urgently complete this procedure, it is recommended to contact intermediary firms that are ready to carry out registrations within a few days for a fee.
Many people ask how long does it take to obtain temporary registration at the passport office?
The answer is simple, regardless of where exactly the documentation is submitted, the maximum processing time is 10 calendar days .
What determines the processing time?
The duration of consideration of an application for temporary registration may be affected by a number of circumstances.
- In accordance with clause 12 of PP No. 713 and clause 27 of the AR, upon receipt of documents for VR, registration authorities are obliged to register the citizen at the place of residence within 3 days and issue him a certificate.
- According to clause 11 of PP No. 713 and clause 27 of the AR, the persons responsible for registration are obliged to transfer the papers received from the citizen to the BP to the Ministry of Internal Affairs within 3 days.
- According to clause 9 of PP No. 713 and clause 29 of the AR, if registering persons need to apply for documents to other departments, the registration of the VR must be done within 8 working days.
- According to clause 28 of the AR, when an application is received through the Unified Portal, the accounting authorities will complete the registration within 8 days. When submitting an application through the MFC, a certificate can be issued no later than 3 days, and if it is necessary to obtain certificates through interdepartmental channels (social employment agreement, extract from the Unified State Register) - after 7 days.
