Is it possible to live without registration according to the Law?
The term registration was abolished in the Russian Federation in 1993 with the signing of the Law “On the right of citizens of the Russian Federation to freedom of movement.”
The term was replaced by the concept of “registration of citizens at the place of residence ,” which was introduced for the purpose of notifying the FMS authorities about the movement of citizens within the country.
On the basis of this law, the constituent entities of the federation adopted their own Resolutions regulating the procedure for this procedure in a specific territory.
The law clearly distinguishes between the concepts of place of residence and place of temporary stay. The conduct and timing of each type of procedure are regulated by the “Rules for registration and deregistration of citizens of the Russian Federation” (Resolution No. 713 of July 17, 1995, as amended in 2010).
Permanent registration is registration in your own residential premises or municipal apartment provided under a social security agreement. hiring Temporary registration – registration at a temporary place of residence. This could be rented housing, an apartment for relatives, friends, office premises, a dormitory, etc.
For more details about why registration is needed, as well as about temporary and permanent registration, read this article, and you will learn about the difference between registration and registration, as well as how the place of stay differs from the place of residence, here.
How long can you live without registration in your passport?
According to the law, permanent registration can only be obtained in your own home or in a municipal apartment provided under a social security agreement. hiring
If a citizen deregisters, he must register in the new place seven days in advance. These deadlines are established by Government Decree No. 809 of August 15, 2014.
In order to meet the deadline, it is more advisable for a citizen to apply for registration when he arrives at a new place and automatically register from the old address. Carrying out the procedure in this way will avoid missing the registration deadline at your new place of residence.
Missing a deadline is permitted for a valid reason:
- Buying a home.
- Illness with treatment in a hospital or at home.
- Business trip to another city.
Each case requires confirmation by documents (certificates from the hospital, travel certificate, certificate from work, purchase agreement for living space).
Deadlines for registration of foreigners
It is no secret that there is a constant influx of citizens from Uzbekistan, China and others. And here there are rules.
The same period, seven days , is established by law for notifying the FMS authorities when a foreign citizen is in Russia.
A foreign citizen is required to send a notification to the Federal Migration Service office about his arrival in Russia by postal notification or with the participation of the organization receiving him (you can find out how to register via mail here). This role can be played by legal entities and individuals.
The citizen is issued a migration card with a specified period at the place of temporary residence.
Temporary registration in Russia is valid for a period of 90 days. If the deadline is violated, the migrant faces a fine and deportation to his homeland.
We talked in more detail about the registration of foreign citizens and the necessary documents here.
Registration deadlines
Registration is considered completed untimely if, within 7 days, the citizen does not apply in person or through an electronic application to the relevant institution.
To obtain temporary registration, a longer period is provided: 90 days. If after this time the citizen does not have a certificate of temporary registration, this will be regarded as expired registration. In the form of liability for this administrative offense, a fine is provided.
The basis for registration is:
- application of the established form;
- identification;
- title document for housing.
Find out more about the deadlines for registration at your place of residence.
What if you miss deadlines?
Despite the document establishing the citizen’s right to freedom of movement, the state will punish you with a fine for not having a stamp. Article 19.15.1 of the Code of Administrative Violations provides for such a violation. According to this document, a citizen is required to register within seven days .
For missing a deadline, the code provides for penalties in the amount of one and a half to three thousand rubles, and for Moscow and St. Petersburg from 5 to 7 tons.
This rule applies to both permanent and temporary registration.
That is, even if there is a stamp in your passport, and you will be temporarily in another place, you must issue a temporary registration.
Facts of lack of registration can be identified by an official (when checking documents) or the Federal Migration Service when submitting documents for registration (you can find out about the necessary documents for registration and deregistration here).
You have the right to reside at any address that is not your permanent place of residence for up to 90 days. If you live in a rented apartment, you must obtain temporary registration in it no later than within 3 months.
The fine for its absence will be paid by the owner of the property in which you live.
For owners whose living space is occupied by citizens without registration, a fine of 3 to 5 thousand for regions, from 5 to 7 thousand for Moscow and St. Petersburg is also provided. Legal entities for such violations are subject to fines from 50 to 757 tons (Article 19.15.1 of the Code of Administrative Offenses).
Read more about fines for late registration or lack of registration in this article.
Fine for lack of registration: is it legal?
Legal. In Russia, it is an administrative offense to live without temporary or permanent registration. Foreigners are required to register, as well as Russians who have moved to another region for a long-term stay (over three months).
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A minor child is required to register at the place of residence of the parents within a week after receiving a birth certificate or moving to a new address. If you lose your permanent registration, you also need to register 7 days in advance (this may be a temporary registration).
Registration can be anyone. If it is not there or the deadlines for registration are violated, then according to the Code of Administrative Offenses the guilty person faces a fine of 2,000 rubles (Article 19.15.1). Living without a passport is also punishable. In this case, a fine of 2,000 to 5,000 rubles is imposed.
Features of registration when selling your home
Article 292 of the Civil Code of the Russian Federation prescribes the need to extract from an apartment when selling it. The timing of deregistration at this address may be established by the purchase and sale agreement. If the time frame is not established by this document, you should be guided by the Civil Code, which interprets the time period as “reasonable” .
In practice, it is equal to 30 days.
But how long can you live without registration after selling your apartment?
If you have checked out of a sold home, but have not found a new home within a month, then in theory you have nowhere to register.
According to the law, if the seven-day period is violated for a valid reason, no fine should be charged.
When purchasing an apartment and receiving a Certificate of Ownership, Rosreestr employees will put a mark that will allow you to avoid a fine.
However, there are precedents when a fine was imposed despite the presence of justifying documents.
When moving to another city, it is more advisable to arrange an automatic deregistration through registration. Just as in other cases, the registration procedure must be completed within 7 days.
If you do not have your own housing in which you can register, or housing where relatives or friends agree to register you, you need to register temporarily.
You can learn more about how to register in a new home after selling your old one here.
The registration period is no later than 90 days.
If you rent housing in another city, you must provide the FMS with a rental agreement or an application from the owner of the apartment you are renting. Violation of the terms of temporary registration is subject to a fine of the same amount as violation of the terms of permanent registration. The amount of the fine is constant and does not depend on the length of your stay without registration at your place of residence or stay.
Is it allowed to obtain a passport without registration?
The issuance of a passport takes place in accordance with Decree of the Government of the Russian Federation No. 828 of 07/08/1997. It is this normative act (Article 11) that contains the list of documents that a person is obliged to provide to the department of the Ministry of Internal Affairs. This is an application, photographs and a birth certificate.
There is no mention of confirmation of the fact of permanent registration in the legislative act.
But there is Art. 10, which states that you can apply for or replace a document:
- at the place of permanent residence;
- at the place of stay;
- at the place of application.
This means that a person is able to exercise his right while in a region/district where he has no registration at all. It is enough to contact the local authority of the Ministry of Internal Affairs in accordance with the established procedure.
If the passport is issued by a person living abroad, instead of a birth certificate, a foreign passport of a citizen of the Russian Federation is provided. The document must be translated into Russian. The above rules apply to all residents of the country, including children over 14 years of age.
It is possible to provide other documents only in individual cases and at the request of government employees. structures. The options under which an additional package may be requested are indicated in the Administrative Regulations approved by Order of the Ministry of Internal Affairs dated November 13, 2017 No. 851.
But registration still matters. This is due to the timing of the service:
- at the place of permanent registration, the result is obtained in 10–14 days;
- at the place of application or stay for a month.
Change upon reaching 20 and 45 years of age
The age of 20 and 45 obliges citizens to apply for a replacement passport to the Ministry of Internal Affairs or the MFC. The issue is also regulated by Government Decree No. 828. The application is submitted within a month after the occurrence of the above circumstances.
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In addition to the application, a sample of which is here, you will need:
- old passport to be replaced;
- photos.
After submitting the package of documents, the applicant receives an identity card for the period of preparation of a new passport (no more than a month). Submission occurs at the place of residence, stay or application.
The replacement of a passport can be carried out by legal representatives of incapacitated persons. There is also the possibility for employees of government agencies to visit sick people to accept applications at home or in the hospital.
Recover in case of loss or theft
A person must carefully store his identity document. In case of theft or loss, you will need to indicate this fact by contacting the police department with a statement. Download the sample here.
Further:
- Starting from 2021, it is prohibited to submit an application for passport restoration through State Services. To get a replacement, they come to the department in person.
- The employee records the request in a special journal.
- The victim is given a certificate of acceptance of the application.
- A case of loss (theft/theft) is opened.
- Information about the lost document is entered into the Mir database of the Ministry of Internal Affairs.
- A temporary certificate is issued (it takes 10 minutes to issue).
- The process of reviewing submitted documents and restoring a passport will take at least a month, regardless of whether the citizen applied at his place of permanent residence or in another district/city.
If the passport was returned after receiving a new one, it must be submitted to the Migration Department of the Main Directorate of the Ministry of Internal Affairs of Russia.
The situation is more complicated if the document was stolen, for example, abroad. You will have to go to the local police station and get a certificate of theft. Upon returning to your homeland, you will need to translate the certificate into Russian, have the translation certified by a notary, and contact the territorial police department.
The state fee for issuing a new passport form in Russia is 1,500 rubles. The restored passport is given back only after the owner’s personal signature. Formally, for careless storage of a document, which ultimately led to its loss, an administrative fine of 100-300 rubles is imposed.
What is your registration?
Registration at the place of residenceRegistration at the place of stay
If there is nowhere to register
Lack of registration is an obstacle to a full life.
According to the law, a passport without a registration stamp is valid, but a citizen with such a document will face many obstacles in the following cases :
- seeking medical help;
- registration of a foreign passport;
- registration of SNILS;
- vehicle registration;
- registration with tax authorities;
- apparatus employed;
- obtaining a loan from a bank;
- registration of pension;
- receiving social benefits.
According to the law, the absence of a residence stamp in your passport should not be an obstacle to going to a clinic, bank, or getting a job.
However, practice shows that most often this still creates certain problems.
The Labor Code (Article 64) states that restrictions on hiring due to lack of registration are not permissible. But we all know that, for example, in Moscow, without Moscow registration, it is impossible to get a normally paid job. What can we say about the absence of any registration at all?
No registration means you can’t get a loan , since the bank’s security service will not risk allowing a person without a specific place of residence to take out a loan.
According to the rules, it is also possible to enroll a child in an educational institution without registration, but citizens living in the area where the educational institution is located have a priority right to enroll in the queue. So your child may not wait in line.
Therefore, it is advisable to contact relatives or friends who will agree to register you in their living space.
If there are none, you can try to contact intermediaries who can help you register for a certain fee in order to avoid unnecessary problems.
Is a passport valid without a registration stamp?
The passport is valid. But failure to register may result in administrative penalties. There must be at least temporary registration, which is confirmed by a certificate.
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Lack of registration also prevents large bank loans from being issued and does not allow the child to be assigned to a clinic, school, or kindergarten.
It will be more difficult to receive pensions or other social benefits (for example, child benefits). Without registration, you cannot exercise your right to participate in elections.
Advice for those without registration
Each individual case of a missing stamp in a passport may have different reasons, but the problem still needs to be solved . If you do not have a residence permit and have nowhere to register, you can do the following:
- Register at the hostels (there are organizations that provide temporary registration).
- Buy an inexpensive house in some remote village and register in it.
- Register in a country house or garden house located on the territory of a rural settlement.
- Register with the owners for a fee or by agreement.
Someone can confidently say: “I live without registration and everything is fine.” However, the absence of a registration stamp from the Federal Migration Service can become a source of many problems with their consequences. Therefore, it is still worth trying and formalizing it in any currently available way. Otherwise, even walking down the street in our time will not be so safe.
