About six months ago there was a rather difficult situation in my life. I came to our regional center to get a more prestigious job. I agreed on registration, but people let me down, and I found myself without registration and without any opportunity to register. At the moment the situation has been resolved, but I had to be quite nervous. It is for this reason that I decided to write an article where I will answer the following questions:
- Restriction of human rights in the absence of registration;
- What to do if it is not possible to register?
- Where should I go?
- List of documents;
- Registration procedure.
Restrictions on rights
In Art. 3 of Law of the Russian Federation No. 5242-1 states that the lack of registration at a certain address should not limit a person’s rights, which are provided for in modern legislation. Despite this, a person often faces many problems. In particular, it will not be able to perform the following operations:
- Obtaining a general health insurance policy and using free medical care. You can visit government clinics if you have registration in another city in the Russian Federation. Then you just need to register with a clinic in your host city.
- Registration of children for school and city children's institutions.
- Get on the waiting list to improve your living conditions.
- Registration of mortgages and loans.
- Obtaining a standard driver's license.
- Registering an LLC or obtaining individual entrepreneur status to run a business.
- Get married, dissolve it, obtain a certificate for children and perform other operations at the city registry office.
- Open an account at a financial institution.
Quite often, a person is denied employment due to lack of registration.
You should know that these actions are prohibited by labor legislation, Art. 64.
To protect their rights, a person must obtain a written refusal from the employer or send a statement of claim to the court. This situation is quite difficult to resolve, since employers are well aware of the consequences of their refusal and come up with other reasons for refusing to provide a job.
What is the responsibility if you don’t register anywhere?
What are the consequences of not registering at the place of residence? Let's figure out what will happen if you don't register anywhere at all. The legislation of the Russian Federation does not provide for any punishment for the lack of permanent registration.
Punishment will only occur if the citizen does not complete temporary registration on time. According to Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation, the fine for late registration or its complete absence ranges from two to seven thousand rubles.
Nothing will happen if you don’t have a permanent registration - you’ll just have to always have a temporary one on hand , but you’ll have to renew it regularly. Read more about how long you can stay without registration and what the responsibility for violating the rules and delay is here.
There is nowhere to register - what to do?
A similar question automatically arises if a person does not have his own apartment or house, and there are no relatives living nearby. There is no need to despair in such a situation.
There is no exact term for registration or registration. In essence, this is not only assignment to a permanent address, but also temporary registration at a place of non-permanent desired or forced stay.
If there is no housing in the property, you can choose another option for registration and solving the problems that arise. You can live and register in the following places:
- Hotel;
- Pension;
- Sanatorium;
- Holiday House;
- Camping;
- Medical institution;
- Tourist base;
- Organization of the penal system;
- Rented apartment and so on.
In such categories of places of temporary residence, you can easily obtain the appropriate registration.
The main condition in this case is the recognition of the premises as suitable for habitation.
How to apply: features of the procedure
Let's consider how to register if a person does not have his own home, where to go, where to get registration at the place of residence, what are the differences in the registration procedure. There are several differences:
- Firstly, there must be consent from the property owner to issue permanent registration to the applicant. Consent must be formalized in writing by a notary.
- Secondly, the property owner must be personally present during the submission of documents. Otherwise, the employee of the passport office or the MFC has the right to refuse the registration service, since forgery is possible.
- Thirdly, the owner of the property is obliged to provide documents confirming his right to the property. For example, a certificate of registration of real estate would be suitable.
The procedure looks like this:
- First, all necessary documents must be collected.
- Next, this entire package of documents, including the application and the applicant’s internal passport of the Russian Federation, must be sent against signature to the MFC, passport office or territorial office of the Main Directorate for Migration. You can also make an appointment in advance through State Services.
- Within three days, government authorities must review the documents and make a decision. If the answer is yes, when you return the documents, your passport will already have a stamp with information about permanent registration.
Of course, it is very difficult to obtain the consent of a property owner who is not your relative. Here citizens resort to tricks - for example, they look for those who are ready to make a fictitious registration for money. But this is very dangerous; Read more in the corresponding paragraph towards the end of the article.
Where to apply for registration?
Temporary registration is permitted by contacting the official migration service. This is a public service that has the appropriate powers to register people in the cities of the Russian Federation.
Currently, the process of obtaining registration does not have to be carried out through a personal visit to the organization. You can use the functionality of the public service portal. To do this you will need to perform the following steps:
- You must register if you do not have a personal account.
- Authorization is in progress.
- You will be taken to a page with online services provided.
- Select the tab leading to the section for obtaining registration.
- In the window you select your registration and citizenship.
- Temporary registration is activated.
- All fields in the submitted form are filled in.
Next, the document is accepted for processing. The applicant will simply have to wait until the service is completed. Upon completion, a corresponding notification will be sent to your account.
The FMS carries out the required registrations of citizens free of charge. There is no need to pay state fees.
Required documents
For registration you need to prepare and provide the following documents:
- Civil passport of the applicant, as well as the owner of the premises;
- Consent in writing from other owners;
- A paper confirming ownership of an apartment or other premises;
- Certificate of general family composition;
- If the housing is official, provided by the employer, appropriate permission will be required;
- A formal social tenancy or rental agreement.
Once the request has been processed and the document has been reviewed, the official registration stamp is affixed to the passport.
Terms of the social rental agreement
Under a social tenancy agreement, the owner of the housing stock (state or municipality), through bodies specially authorized by it, provides housing to the citizen and members of his family.
Most often, an apartment is provided, but a residential building or part of it, part of an apartment, or a room can also be allocated on similar grounds.
A citizen and his family have the right to reside and use the provided apartment for the specified purposes. The rental contract for social housing is concluded for an indefinite period.
For the provided housing, the tenant is obliged to pay a fee, the amount of which is established by an act of the local council of people's deputies.
Good to know! If the owner’s consent is obtained, such an apartment can be exchanged for another apartment, also provided for social rent, or the living space or part of it can be sublet.
The apartment can also be registered free of charge - privatized, in accordance with the provisions of the relevant law.
Employers' obligations
The tenant, as well as those moving into the living space and the persons living on it are obliged to:
- Use the apartment exclusively for its intended purpose, that is, only for living. It is not allowed to engage in any business activity on this living space.
- Ensure the safety and proper condition of the apartment.
- Carry out routine repairs in the apartment. The owner of the apartment, that is, the local administration, is obliged to pay payments for major repairs.
- Pay without delay for provided utilities, as well as for the use of living space.
Let's celebrate! In case of gross and systematic failure to fulfill the above obligations, the contract may be terminated, the tenants will be evicted with or without the provision of other housing.
Basic registration rules
Several important rules have been established for the temporary registration of citizens:
- Temporary registration is required if a person plans to stay in the Russian Federation for more than 90 days;
- If a citizen plans to stay in a sanatorium, tourist center or other organization of this kind, he will need to contact the employees of this administration. Registration in this case will be carried out in a simplified manner;
- If a family rents a residential premises, registration will be carried out exclusively with the consent of the owner. He must write a corresponding statement;
- IDPs who were forced to move initially establish this fact, receive the appropriate status, and only then submit an application and the necessary documents for registration;
- The owner of the property, registering to stay with him for a certain time, can register as many people as he likes. The main condition here is residence at the registration address. Failure to comply with this rule may result in the owner being held liable.
If a person changes his place of residence, he is obliged to report this factor to the FMS. This must be done no later than 7 days. You need to take the following documents with you:
- Passport.
- Application for registration.
- A document as a basis for using housing.
After checking the submitted documents, a stamp confirming registration is placed in a regular civil passport.
Right to housing in the Russian Federation
The Constitution of Russia secures the right to housing for every citizen of the country.
This position is expressed in the following points:
- A person should not be deprived of housing. The exception is eviction through court;
- The state provides apartments or rooms to everyone in need of housing either free of charge or for a certain set fee. Housing is taken from the municipal or state fund.
If there is no place to register, a person must ensure that he is recognized as needy and an official social rental agreement is drawn up with him.
If there is no home of one’s own, the citizen is obliged to contact the social security organization and register with the labor exchange as officially unemployed.
As soon as he gets a job, a contract is concluded with him to live in social rented housing on special preferential terms. This will provide the person with a specific place of residence where they can register. At the same time, it is allowed to register in temporary places of residence - a hospital, a boarding house, and so on.
If you were discharged illegally, and there is absolutely nowhere to register, you will need to seek legal protection of your own interests in court. This is the only way to establish the fact of residence at a specific address. The following documents related to the case must be attached as evidence:
- Receipts for payment of utility services;
- Official certificates from the housing department;
- Testimony of witnesses in written form. It could be neighbors or a watchwoman.
If during the trial it is proven that the plaintiff lives at the address he indicated, his permanent registration will be returned to him.
