What is registration under a temporary residence permit and is it possible to do without it?
Registration for foreign citizens with a temporary residence permit is a procedure during which the migration authorities record the migrant’s place of residence or stay on the territory of the Russian Federation, which is indicated in the migrant’s passport or in the temporary residence permit (for stateless persons).
The main sources of regulatory regulation in matters of registration of foreign citizens and stateless persons who have received the right to temporary residence under a temporary residence permit:
- Federal Law “On the Legal Status of Foreign Citizens...” dated July 25, 2002 No. 115-FZ;
- Federal Law “On Migration Registration...” dated July 18, 2006 No. 109-FZ;
- Decree of the Government of the Russian Federation “On the procedure for carrying out migration registration of foreign citizens and stateless persons...” dated January 15, 2007 No. 9 (hereinafter Resolution No. 9)
If a foreigner evades this obligation, he risks being held liable under Art. 18.8 of the Code of the Russian Federation on Administrative Offenses, up to and including expulsion from the Russian Federation.
Rights and obligations of a temporary resident in the Russian Federation
115-FZ “On the legal status of foreign citizens” states:
- Within 7 days, he is obliged to register with the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation;
- If it is impossible to register within the period established by law, it is necessary to register for migration;
- A temporarily residing citizen cannot independently and at his own request change his place of residence outside the subject in which he received a certificate for a temporary residence permit;
- A citizen does not have the right to get a job or conduct business outside the entity in which the permit was obtained;
- Provide a certificate of tax registration without fail within a month to the department of the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation in Moscow;
- A temporary resident is obliged, after 2 months after the end of the year of residence, to provide the MFC with a certificate of income for the current year and confirm his residence in the country.
Deadlines
Foreign citizens who plan to visit the Russian Federation for the purpose of earning money should be aware of all the deadlines established by current laws:
- The registration procedure after receiving a temporary residence permit must be completed within 7 days.
- Upon successful completion of the registration procedure, the person receives the right to reside in the Russian Federation for 3 years, with the right to travel abroad, but not more than once a year.
- After employment, a citizen of another state is obliged to notify the Federal Tax Service about this within a year by submitting the relevant information to the authority.
- After a year of residence on the territory of the Russian Federation, the citizen will have to notify the local migration service authorities within 2 months that he is living at the registered address. This is done in person.
What types of registration after temporary residence permit can be
Registration after a temporary residence permit of a foreigner can be divided into 2 types:
- registration at the place of residence (temporary) - used when for some reason it is not possible to find a place for permanent registration at the place of residence after receiving a temporary residence permit. Its duration can be any and depends on the agreements with the party providing the residential premises, but most often it is registration for 3 years (for the duration of the temporary residence permit);
- registration at the place of residence (permanent) - it is permanent and does not provide for a limitation on the period of validity. It is usually called “registration under temporary residence permit”. Usually, this is done only when a migrant registers in his own housing, or housing obtained under a social tenancy agreement or lease. The main difference from a temporary one is that it cannot be terminated due to the expiration of the period.
At the same time, he is allowed to register only in the following types of residential premises:
- Own residential property.
- Real estate owned by relatives or friends.
- Premises provided by the municipality.
- Rented property.
Any of the above methods must be confirmed by the provision of the necessary papers that can confirm the fact of occupancy in the premises. At the same time, it must be located in the subject of the Russian Federation in which the actions for registration under the temporary residence permit were carried out.
Features of obtaining a temporary residence permit for certain categories of foreigners
Individual subjects who have benefits for a special procedure for obtaining a temporary residence permit include citizens of Belarus, Kazakhstan, Ukraine and other members of the Commonwealth of Independent States.
Are there any special features for citizens of Ukraine, Belarus, Uzbekistan and other post-Soviet countries
Citizens of Belarus have a special migration status when staying in Russia.
Thus, they do not need to obtain a migration card, and they can work without purchasing a work patent. Such persons do not need to obtain a temporary residence permit to obtain a residence permit; registration at the place of permanent residence is sufficient to submit documents. This is important to know: Features of obtaining a temporary residence permit in Russia
Residents of Ukraine and other CIS member countries have the right to enter without first visiting the embassy and obtaining a visa. They are not subject to quota restrictions, except for some exceptions established by the laws of the Russian Federation.
Exam for obtaining temporary residence permit
Every non-resident staying in the country on a legal basis and applying for a temporary residence permit for three years, a residence permit or Russian citizenship must have sufficient knowledge of oral and written Russian, and is also familiar with the history and laws of the host country. To confirm this fact, a person must submit documents from Russian or foreign schools, universities, and secondary specialized institutions about the study of these disciplines.
In the absence of such supporting documents, the migrant must undergo paid testing, carried out within specially created centers at government agencies. For answering questions, points are awarded, the sum of which determines whether the migrant completed the tasks at the minimum acceptable level.
The cost of such a service is 5.3 thousand rubles. The amount is not refundable in case of no-show or failure of the exam.
Required documents
The list of documents required for registration of a foreigner residing under a temporary residence permit is determined by Law No. 109-FZ (Article 17) and Government Resolution No. 9 (clause 3-19).
To register under a temporary residence permit, you need to provide (an approximate list of documents is described):
- passport with a RVP stamp and a notarized translation;
- title documents for your own housing or a notarized lease agreement;
- arrival address sheet;
- extract from the house register;
- passport and Certificate of ownership of the apartment owner, when registering in someone else’s premises;
- statement of consent of the owner. If the premises have several owners, everyone must give consent;
- receipt for state duty.
Contents and rules for filling out the application
The document must be filled out correctly, according to the sample, it must not have corrections or errors. The font for writing the application is printed, according to the standard in its upper part. Lines that do not contain information remain blank; dashes and inscriptions of individual phrases are not allowed.
The application must include the following elements:
- Data from a passport or other document capable of identifying oneself.
- Setting up for RVP.
- Citizen data.
- Address of the previous place of registration.
- Data of the individual or legal entity providing the premises
The second – detachable part of the notification contains information about the applicant and is sent by the GUVM inspector to the department at the applicant’s previous place of registration to remove him from the register.
On the reverse side the following information is indicated:
- about the legal representative if a minor or a person who is fully or partially incapacitated is registered;
- about whether the migrant has ownership rights to several residential properties.
Additional Documentation
The above list is minimal and can be expanded. If a migrant is registered at the place of stay with relatives, notarized consent of all owners will be required. If you have this document, the presence of all homeowners will not be required.
The consent may not be notarized if it is drawn up directly at the place of registration, but then all owners must provide identification documents. You must also have documents confirming the ownership of your home with you.
If a newborn child is temporarily registered, then the child’s birth certificate will be required, and the consent of the owners is no longer necessary.
The possibility of such registration of minors raises concerns among homeowners; however, it ceases along with the registration of parents.
What documents are needed for a temporary residence permit? Detailed list of documents required by the legislator
In the list of documents for obtaining a temporary residence permit, recommended for preliminary preparation before visiting the territory. The Ministry of Internal Affairs body responsible for migration issues includes:
- application in the established form, drawn up in 2 copies. The forms and sample filling can be found at any submission location or on the official website of the migration service;
- 3x4 photographs in duplicate, which are pasted into the application. Stateless persons must prepare three photographs: two to be attached to the application, and the third for the issued permit;
- the passport used to enter the Russian Federation, and its notarized Russian translation. Subjects without citizenship are identified without presenting internal/foreign documents. passports;
- medical certificates confirming the examination and the absence of infections and viral diseases, signs of drug use, HIV. The procedure for obtaining a temporary residence permit is lengthy, and a medical certificate can be attached within a calendar month from the date of registration of the application;
- for migrants who entered on the basis of a visa - a certificate of no outstanding criminal record, supported by a notary’s signature and a professional translation;
- documents proving sufficient knowledge of the Russian language: diplomas of secondary and higher education issued in the Russian Federation or with an attached list of subjects taken, including the Russian language. In the absence of such documents, the migrant must pass a paid exam on knowledge of the state language, the main historical facts and law of the Russian Federation, and receive the appropriate certificate;
- a valid migration card, filled out and stamped at the time of crossing the border;
- if available, a marriage certificate certified by a notary office and translated into Russian, as well as a photocopy of the spouse’s documents. If the spouse is a citizen of the Russian Federation, such a migrant can receive a temporary residence permit despite the absence of an active quota in the region;
- a tear-off stub of the notification form for temporary registration, issued by the receiving party, hotel or hostel where the foreigner lives. The subject must complete the temporary registration procedure no later than 7 working days after arrival at the location;
- a check confirming payment of the state duty in the amount of 1,600 rubles;
- if the applicant has undergone the procedure of changing his name or surname, he should present such evidence.
The official list of requested documents for temporary residence in Russian regions may vary based on the migrant’s citizenship and social status.
What documents are required to obtain a state quota for a temporary residence permit?
The general procedure for processing documents for temporary residence in Russia is carried out only within the framework of the quota allocated to a locality or region.
The number of places within the quota is strictly limited and is established on the basis of analytical data submitted by the migration service. Thus, the number of quotas will vary depending on the region where the application is submitted: in sparsely populated areas there will be more available places than in St. Petersburg or Moscow. This is important to know: How to fill out and submit an annual notification of confirmation of residence under a temporary residence permit
To be included in the quota, a migrant must be legally registered temporarily and submit an application for a temporary residence permit, a copy of the migrant's card, notification of arrival and a civil passport in the territory. body of the Federal Migration Service.
The legislator allots 6 months for processing the application, and if the answer is positive, the applicant can apply for the procedure for obtaining a temporary residence permit.
Applying for a temporary residence permit without applying a quota
Migration law clearly establishes the circle of persons allowed to apply without complying with the quotas established by the competent authorities. The list of such categories includes:
- citizens born during the USSR;
- disabled foreigners with minor children, citizens of the Russian Federation;
- persons who are married to a citizen of the Russian Federation, permanently registered at their location;
- subjects who have dependent disabled parents, citizens of the Russian Federation;
- participating in the resettlement program organized by the Government of the Russian Federation;
- persons, official representatives of children with limited legal capacity, holding a passport of a citizen of the Russian Federation;
- foreigners and stateless persons with a signed employment contract;
- adults who have limited legal capacity (supporting documents are required) and apply for a temporary residence permit together with their parents who are registered as migrants.
The procedure for registering a temporary residence permit involves confirmation of all facts and statuses with documents received on the territory of the Russian Federation or with notarized and translated documents issued by foreign government bodies.
What documents and certificates are needed for a temporary residence permit for persons arriving on the basis of a visa?
The procedure for obtaining a temporary residence permit for citizens from countries for which a visa regime applies is almost identical to the procedure for applying for persons of other categories. The list of papers submitted by such persons differs only in the need to provide an additional certificate confirming that the subject has no criminal record and a copy of the visa stamp on the basis of which entry into the Russian Federation was made.
RVP for children
For minor children, as well as for persons with limited legal capacity, a package of documents is submitted by official representatives. In addition to the application for a desire to obtain a temporary residence permit, you should submit to the competent authorities:
- photos;
- birth certificate, with apostille;
- papers giving the right to perform such actions;
- certificates confirming the limited legal capacity of a person;
- consent of the other parent to allow children over 10 years of age to move to the Russian Federation;
- for minors over 14 years of age, a certificate of no criminal liability;
- medical certificates;
- other documents confirming the facts stated in the application and helping to speed up its consideration.
This is important to know: temporary residence permit for marriage in 2020: deadlines for issuance, procedure for obtaining
Required documents to obtain a temporary residence permit certificate for marriage
A non-resident who has a certificate of marriage with a citizen of the Russian Federation can submit documents at the place of residence of the husband or wife without quota restrictions. The regulations on issuing a temporary residence permit provide for the need to confirm this fact by providing a copy of the legal spouse’s passport and registration documents.
List of requirements for obtaining a temporary residence permit for incapacitated foreign citizens
According to Russian legislation, persons under the age of 18, as well as citizens who have official medical certificates, are recognized as incompetent persons.
documents or court decisions. Without being a citizen of the Russian Federation, such persons cannot independently submit an application for a temporary residence permit. Instead, a package of documents in Moscow or in the region, at the place of registration, is submitted by parents or guardians who are legal representatives. When submitting a petition, drawn up in two copies, the rules require the following list to be submitted to the FMS:
- two photo cards in 3x4 format;
- birth registration certificate;
- documentary evidence of the restriction of a citizen’s rights;
- notarized permission from other legal representatives when registering a temporary residence permit for a child aged 10-18 years;
- certificate of no criminal record, for ages 14+;
- certificate of legal stay of a foreign citizen or stateless person on the territory of the Russian Federation;
- honey. a document confirming that you have passed an HIV test with a negative result;
- a certificate stating that the person is not registered with a drug dispensary and does not have serious infectious diseases from the approved list;
- if a person applies for a temporary residence permit without taking into account the quota, documents giving the right to such a benefit.
What rights does registration give after temporary residence permit?
With registration, a migrant and his family members receive a number of opportunities:
- Registration and registration for migration at your actual place of residence within a week;
- After the first year of stay in Russia, you must confirm your stay within two months. This can be done by appearing in person or by submitting an application through the state portal on the Internet. In the future, this procedure will need to be repeated every year;
- Documents about the source and amount of income are submitted every year in the form of a declaration to the tax office;
- They become registered with the tax office after a year of residence in Russia at a local branch;
- To move to another region, you must obtain permission in advance in accordance with the established procedure;
- Foreign citizens with a residence permit do not have the right to receive government benefits.
What to do after receiving a temporary residence permit
If you have received a temporary residence permit in Russia, you will be able to reside in the Russian Federation for three years legally. At the same time, it is allowed to leave the territory of the country and return with a passport or other identification document and a temporary residence permit.
Notification form
If you stay outside Russia for more than six months, you will no longer be able to re-enter. In this case, the residence permit is revoked. If you break this rule, you will get into trouble with law enforcement.
You receive a residence permit and can work for hire in the Russian Federation or be self-employed. No special permits or patents are required for work. However, you must register with the tax office and notify about your change of residence if you move from place to place.
Registration after the temporary residence permit is mandatory. Notification form No. 21 was approved by decree of the Government of the Russian Federation in 2007. .
An employer has the right to hire migrants with a temporary residence permit without obtaining a special permit to attract foreign workers to work at his enterprise.
Restrictions
There are also limitations. If you have received permission, for example, to reside temporarily in the Moscow region, you are obliged to find work and housing here. You cannot change your place of residence without notifying the migration service.
This is a violation for which administrative liability is imposed. Depending on the severity of the violation, a fine or even deportation outside the Russian Federation is imposed.
Registration deadlines and costs
Documents are checked by migration service employees within 3 to 7 days. After this time, a registration stamp is placed in the migrant’s passport. For stateless persons, a stamp is affixed to the temporary residence permit.
When applying for registration, a foreign citizen pays a state fee of 350 rubles.
After this, either registration at the place of residence after receiving a temporary residence permit will be successfully completed, or a refusal will follow. There may be several reasons - an incomplete list of documents, for example, lack of consent of the homeowner, an incorrectly written application, and so on. Inaccuracies should be eliminated and a second attempt should be made to register at the place of residence.
Is it possible to extend registration?
Do not confuse the concepts of extending the period of stay in the country, extending migration registration and extending registration at the place of residence or stay.
The temporary residence permit itself is not subject to renewal and will expire 3 years after its issuance.
This means that upon expiration, the temporary registration will be automatically terminated.
If a migrant receives a residence permit, he must also re-register at his place of stay or residence. Despite the fact that the temporary residence permit will contain a mark indicating registration at the place of residence, you will have to visit the Main Directorate for Migration and Migration to get a stamp on the residence permit.
Registration or migration registration
To remember how these two procedures differ, imagine migration registration as filling out a form in a box. Registration is placed directly in the document - in a passport with a temporary residence permit stamp or in a residence permit.
This is important to know: State duty for temporary residence permit: receipt for 2020 and 2019
After receiving a temporary residence permit, you can register for migration, but if you have registration, this will make your life a little easier. In addition, in many migration departments of the Ministry of Internal Affairs it is not even discussed whether to put a person on the migration register or register - they immediately do the latter. But if for some reason you have nowhere to do this, then migration registration is the only way out.
To avoid having to deal with this issue at the last moment, think about this option in advance. If you plan to continue to stay in Russia, then when obtaining a residence permit and then when applying for citizenship, you will still need registration at your place of residence.
If there is a change of residence
A citizen who is not a Russian citizen does not have the right to freely change his place of residence. This procedure can only be carried out through the migration authorities by submitting an application. As a rule, the place of residence is determined by the place where the temporary residence permit is received. In exceptional cases, a change of place of registration is allowed, but only if the organization that issued your permit gives its consent.
The period for consideration of the application cannot exceed two months; delays are possible in exceptional cases.
Thus, the procedure after issuing a temporary residence permit involves going through the temporary registration procedure. A foreigner cannot be registered anywhere. A further change of place of residence is possible only under the control of the migration authorities.
Responsibility for fictitious registration
Issues of registration at the place of residence of foreigners must be treated with full responsibility, since administrative and criminal liability is provided for fictitious registration in Russia. The term “fictitious registration” means an excess of the number of citizens registered at one address. In addition to the fact that this is considered a violation of the above legislation, it also affects the rights of a person who has a basis for personal space.
According to Art. 322.3 of the Criminal Code of the Russian Federation and the Federal Law “On Migration Registration”, detected fictitious registration at the place of residence is punishable by cancellation of the temporary residence permit and a fine of 100 to 500 thousand rubles.
Moreover, punishment awaits not only the migrant, but also the person who issued his registration.
Where to register
I always advise, if possible, to ask all questions to the inspector. It is quite reasonable to receive your passport with a temporary residence permit stamp and ask where you want to go next. The registration process is different everywhere.
In my case, it was a neighboring office in the former building of the Federal Migration Service; I simply moved from one queue to the queue of the neighboring office. Moreover, the inspector himself sent with clear instructions. But I also know that in some regions foreign citizens register with other authorities. Most often the following are required for registration at the place of residence:
- in the migration departments of the Ministry of Internal Affairs (formerly the Federal Migration Service);
- MFC;
- Housing office.
This is important to know: Checking the readiness of a temporary residence permit in St. Petersburg, the Moscow region and other cities: how to find out if it’s ready or not by last name