Do I need to check out during temporary registration?

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Registration of temporary registration at the place of stay allows you to stay in the region legally. Most often, such registration has a certain validity period. The expiration of the period obliges the citizen to leave the apartment or private house. Sometimes early cancellation of non-permanent registration occurs. Do I need to make an extract and how to de-register? We'll talk about this below.

What is temporary registration?

Russian legislation gives citizens the opportunity to choose their place of residence (Article 27 of the Constitution of the Russian Federation). At the same time, the person must notify the migration authority of his whereabouts. It does not matter whether the registration is permanent or only for a certain period.

Temporary registration is a registration issued at a person’s point of non-primary stay . Most often it is required by foreign citizens. But our compatriots are not exempt from the obligation to report their whereabouts. For example, at the place of study or business trip. It is not necessary to register at your main place of residence.

There are mandatory and optional temporary registration. The first must be issued after 90 days of being outside your permanent residence. Accordingly, the desired one also fits into this time. But no sanctions are provided until the expiration of 90 days of stay in the region. It is believed that citizens will voluntarily register with the Main Migration Department of the Ministry of Internal Affairs.

We recommend reading about the most convenient ways to register - “How to register and register through the MFC”, as well as “Extract and registration through State Services”.

Registration deadlines

The period of validity of temporary registration depends on specific circumstances. The length of stay in another region is usually agreed upon with the owner of the apartment.

So, according to Art. 683 of the Civil Code of the Russian Federation, the maximum period of temporary registration is 5 years. The specified period can be specified in the residential rental agreement. If there is no term, then the contract is considered to be concluded for a period of 5 years.

The question arises: is it possible to extend the period of temporary stay? Of course you can, but not automatically. The time period is extended by concluding a new rental agreement for residential premises. Compared to permanent registration, temporary registration limits the tenant’s rights to the apartment. Simply put, this is residence, but not ownership of rights to living space.

Statement of claim for the discharge of a person with temporary registration without his consent

General requirements for the content of the statement of claim are contained in Art. 131 Code of Civil Procedure of the Russian Federation. The name of the eviction action varies:

What is your registration?

Registration at the place of residenceRegistration at the place of stay

if a person lives in an apartment, the title contains the wording “On recognition of the defendant as having lost the right to use the residential premises”;
if a person does not occupy the premises and has not tried to move in, the title of the claim will be “On recognition of the defendant as not having acquired the right to use the residential premises.”

Interesting article: How to get a loan without permanent registration?

The document contains information:

name of the judicial authority;
FULL NAME. plaintiff with year of birth and place of registration;
FULL NAME. defendant, date of birth and place of registration;
name of the third party (registration department);
information on ownership of real estate (residential premises);
data on the moment of temporary registration of the citizen;
claim against the defendant;
circumstances justifying the applicant’s claims and the evidence base;
conducting a procedure for peaceful resolution of the problem and evidence of actions;
direct statement of requirements;
list of documents in the application;
date of compilation and personal signature.

A sample form for filling out a claim can be found here. The claim form can be downloaded here.

If there are several owners of shared ownership, only one person applies to the court, who indicates his data in the header of the application. Information about other owners is specified in the text of the document. The owners appear in court as third parties.

Rights during temporary registration

Having a residence permit at a place other than your main residence makes it possible to exercise your rights. Their properties are similar to the privileges of regular registration. The only exception is a temporary validity period, and therefore a limited period of use of rights.

What does temporary registration provide:

use of banking services (loans, mortgages, deposits);
official employment in the region;
registration in kindergarten, school and higher educational institutions;
social security at the place of stay;
receiving free medical care;
registration of all types of documents.

Many people think that 90 days of residence without registration provides advantages. But this is far from true. Lack of registration in the region creates difficulties with rights. Without documents, you will not be able to send your children to kindergarten, take out a loan, or undergo a medical examination at a clinic.

When should you deregister?

The validity of non-primary registration is limited in time. Completion of the period obliges the citizen to deregister at a place other than his primary residence . Usually cancellation occurs automatically. For example, under a residential lease agreement. But sometimes you need to leave before the deadline for discharge:

graduation;
completion of a business trip;
emergency return, etc.

Early deregistration excludes automatic deregistration. The tenant must notify the migration authority that he is moving out of the apartment and returning to his place of primary residence.

It is imperative to sign out during temporary registration if a person is sent to another region for a forced stay (for example, on a business trip). The law does not allow two temporary registrations to be valid at once. You are allowed to have a permanent registration and only one non-primary one.

Example: Ivan is a sales representative who requires traveling work. His superiors sent him on a business trip to Sochi for 4 weeks. Arriving in Sochi, the employee rented a hotel room. There, Ivan issued a temporary registration for a period of 4 weeks. Then he had to go to the neighboring region - Krasnodar. At the end of the Sochi business trip, the employee handed over his room keys and canceled his temporary registration at the hotel. Next, he went to Krasnodar, where he also obtained registration for the duration of his stay.

Where can I submit documents for deregistration from an apartment and register for temporary registration?

The rules for deregistration from an apartment do not prohibit the use of different methods for this procedure for citizens to apply for the provision of this service.

Using the portal "State Services"

To use this method, you must have an account on the portal. You need to select through your personal account. Next, fill out the proposed application form and confirm sending. After this, you will receive a notification via Internet mail, which will indicate the address of the department of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation and the date of the visit. You must show up at the appointed time with the originals. If there are no complaints about them during verification, you will be issued a certificate. With this method, the registration time is also usually 3 days.

Through the Multifunctional Center for the Provision of State and Municipal Services

When contacting the MFC branch, you must also fill out an application form and submit the originals of the documents listed above. Specialists will check the information provided by the applicant and then return the papers, except the passport. You will be given a receipt indicating that your application has been accepted. An SMS notification will notify you of the date, time and place of receipt of the certificate. Registration through the MFC takes up to 7 days.

Through a representative

The legal representative must issue a notarized power of attorney to carry out registration on your behalf. Otherwise, the procedure is identical to registration in person.

Many passport offices refuse to work with authorized representatives, so it is better to find out in advance the possibility of registering using this method.

Personal visit

To obtain a temporary registration, you need to come to the territorial office of the Department of Internal Affairs of the Ministry of Internal Affairs of Russia. Use the sample to write an application for registration (the form is provided at the branch). Hand over the package of documents to the passport office employee. You will be given a date and time to receive your temporary registration certificate. Usually issued after 3 days.

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Where is the extract and registration completed?

Forced deregistration occurs in the following authorities:

division of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (in the context of the region - departments for migration issues);
MFC, also known as “My Documents”;
management company or HOA.

You can contact any of the branches that operate through the migration service. There is also a simplified version of the statement - through the Unified Portal of State and Municipal Services (Gosuslugi). The choice of one unit or another is the prerogative of residents and owners. But we should not forget about time: by acting through “My Documents” or the housing company department, you will increase the time frame for deregistration.

Discharge procedure

The procedure for deregistration from an apartment at a place other than your primary residence is simpler than the cancellation of permanent registration. The person leaving the register does not need to put a stamp in his or her passport indicating deregistration.

Instructions for deregistration during temporary registration:

Decide on the nature of the statement: statement upon expiration of the contract - a statement from the owner; early cancellation – application from the person leaving.
Visit the MFC or OVM at the location of the apartment (private house).
Write an application for discharge from the apartment.
Submit documents for registration.
Fill out the departure form.

After completing the procedure, OMV inspectors will notify the central agency about the citizen’s deregistration. Starting from this moment, the discharged person is given 90 days to obtain a new temporary registration. The second option is to return to your place of permanent residence.

Statement

Cancellation of a temporary residence permit involves filling out an application for deregistration. There is no ready-made form - the application has a free form. But you will have to comply with some conditions for drawing up the document.

Contents of the statement:

“hat” – the name of the migration authority;
applicant's contact information;
information about registration (apartment address, validity period);
request to cancel your registration;
date and signature.

Errors in the application create difficulties with the discharge of a person during temporary registration. It is best for a lawyer to tell you about all the nuances of filling it out. Our portal specialists will help you understand the form and content of the application for an extract.

Documentation

You can terminate your temporary registration at any time. As already mentioned, this happens at the end of the rental agreement or upon the early departure of the tenant. Documents for deregistration are minimal.

List of documents for deregistration:

free form application;
certificate of temporary registration
passport;
a completed departure form (not always).

Discharge of minor children occurs with the participation of parents. The child fills out the application independently only when he or she reaches 14 years of age. In all other cases, his parents will do this for him. They will also need the baby's birth certificate + passports of the mother and father.

The procedure for discharging a person with temporary registration

The process of depriving a resident of registration at the place of residence is associated with a certain algorithm of actions. In the event of further legal proceedings, the owner must have evidence of compliance with the formalities.

Expiration of registration period

The expiration of the lease agreement, which served as the basis for temporary registration, will allow the issue of deregistration to be resolved peacefully. The law does not provide for unilateral extension of documents of this kind.

Procedure for the owner of a residential premises:

Appeal to the department of the Main Directorate for Migration of the Ministry of Internal Affairs of Russia. The owner must appear at the local migration authority (formerly the Federal Migration Service) to write an application or submit an application through the State Services portal.
Drawing up an application. The legislation does not establish a fixed form for such a statement. Government agency employees will provide a sample.
Submission of documents. The application will need to be accompanied by:
certificate of registration of ownership of residential premises or an extract from the Unified State Register of Rosreestr;
rental agreement (lease, free use).

If there are several owners, the application indicates the claim on behalf of all owners.

Voluntary deregistration

A conflict-free way to solve the problem is to invite the tenant to leave the apartment (private house) without the intervention of government authorities.

Interesting article: Peculiarities of temporary registration of foreigners in the Russian Federation

Owner actions:

Write a notice. The document form is free. You need to provide as much detail as possible about your relationship with the resident. Ask to voluntarily vacate your home. An example of writing a notice can be found here.
Send notification. It is better to carry out the delivery procedure by mail. The document should be delivered by a valuable letter with an inventory.

If you refuse to move out or ignore the request, the owner will have evidence (inventory, check and notice) of an attempt to peacefully resolve the conflict before going to court.

Extract by court decision

Failure to resolve the conflict peacefully will result in an application to the district court at the defendant’s place of residence for forced eviction.

Algorithm for resolving a dispute in court:

Filing a claim. The application contains information about the owner, tenant and the object of the dispute. The number of copies must correspond to the number of participants. The minimum is 3 parties (plaintiff, defendant, migration service) and a judge.
Collection of documentation. The applicant makes copies of documents proving identity and ownership of the property. Receives certificates and extracts from the management company about residents, a power of attorney to hire a lawyer, etc.
Notification of parties of intent to litigate. The owner notifies all parties to the dispute about filing a claim in court by sending an application and copies of documents (except identification documents) through the post office by a valuable letter with an inventory.
Payment of state duty. According to the details that can be obtained at the court reception, you need to pay a fee. Attach the check to the documents intended for the judge.
Filing a claim. The application is submitted to the office of the district court at the address where the disputed apartment is located. Copies and originals (except for identification) of documents are attached to the claim. A court employee stamps the date and entry number on a copy of the applicant's claim.
Acceptance of the claim for production. Within 5 days, the judge will make a decision on whether to accept the application for consideration or reject it. The court will send notice of the progress of the claim to all participants.
Court hearing. At the meeting, the judge will consider the issue by hearing the arguments of the parties and the testimony of witnesses. If the defendant ignored the event or was unable to attend, the meeting will take place without him.
Making a decision. The judge will issue an order to evict the tenant after the document enters into legal force. The parties receive copies at the court office or by mail.
Defendant's statement. After the court ruling comes into force, the plaintiff is sent to the registration authority, where an employee, based on a court document, makes the appropriate notes in the house register.

From 10/01/2019, the obligation to notify interested parties about legal proceedings in civil proceedings is assigned to the plaintiff in accordance with Art. 132 clause 6 of the Code of Civil Procedure of the Russian Federation.

Deadlines

The period for processing documents for an extract is 3 working days. Submitting an electronic application through State Services is also designed for a three-day period. The applicant must personally visit the department of the Main Department of Migration Affairs of the Ministry of Internal Affairs, provide the original passport and it will be stamped.

But in practice, everything is much faster - checkout during temporary registration takes 10-15 minutes. After receiving the documents, the migration authority inspector fills out the departure sheet and puts a stamp on deregistration. Moreover, the marks are placed on the departure sheet - a stamp in the passport is needed only when changing permanent registration.

Check-out from a hotel, hotel or medical facility occurs at the visitor registration desk. The duty officers or receptionists are considered responsible for paperwork. Departing travelers receive a deregistration note on the day of departure.

Documents for checkout from an apartment and temporary registration at a different address

The procedure for discharge and registration, although not difficult, does require careful paperwork. The list and list of documents for deregistration from an apartment will depend on whether the person is being discharged “to nowhere” or is re-registering to a different address.

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In the first case you will need:

original and copy of passport;
application for deregistration;
departure slip in two copies (Form 7, sample filling and form can be obtained at the place of registration).

In the second case, the set of documents is larger:

passports of the apartment owner and registered persons;
consent of the apartment owner, and if the housing is not privatized, then the consent of all registered persons will be required;
certificate of ownership;
financial and personal account (copy);
extract from the house register;
application (in the case of temporary registration, the application indicates the period after which the person’s right to reside in the specified premises ends).

If the owner does not indicate the registration period in the application, then it is considered that the tenant is registered forever. It will be possible to forcefully discharge him only through the court.

Legal assistance

Temporary registration at the place of stay is issued at the request of the citizen. True, you can easily overstay your 90-day stay without documents. Then you cannot avoid penalties. There is also a possibility that no one will provide you with a registration. Especially if the owner of the apartment is categorically against the addition of new tenants. What to do in difficult situations?

The lawyers of our portal will come to the rescue in matters of migration registration of citizens.
By contacting us, you will receive a detailed free consultation. Lawyers will explain to you all the nuances of modern registration. With your participation, we will draw up step-by-step instructions and help you fill out an application for discharge from the apartment. Legal assistance is the key to success! Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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