About the opportunity
Is it possible to register a child without the consent of the owner?
According to the law, it is possible .
This is due to the fact that the rights of the child are protected and protected by the state, and his interests are placed above many others.
To ensure that it does not remain unregistered anywhere, there are a number of relaxations regarding the implementation of the procedure for its registration.
What laws govern it?
The legislative framework governing the rules and procedures for registering minors is extensive:
- The Civil Code of the Russian Federation in Article 20 determines the place of residence of the child together with the parents and one of them (for example, with the mother);
- The Housing Code of Russia determines that there is no need to obtain the owner’s consent to attach a child to the living space;
- The Criminal Code of the Russian Federation punishes for obtaining or providing fictitious registration up to imprisonment;
- The Code of Administrative Offenses of the Russian Federation determines the fine for failure to register in a timely manner.
Find out whether it is possible to register a child with his grandmother from our article.
If the apartment owner does not agree
There are often cases when the child’s parents live in the apartment of their relatives. The apartment owners are categorically against registering the child, and the parents do not know what to do. How to behave in this case?
If the spouses do not own the apartment where they live as owners, but are registered in it, then the consent of the owners to register the child is not necessary (Article 70 of the Housing Code of the Russian Federation). Especially if the child is newborn. After all, according to the law, the baby must live with his parents. It is impossible to register a minor child separately from his parents.
Registration with other relatives can only be considered if they belong to the category of official guardians. Otherwise, only the court can resolve this issue. But if the parents are not the owners of the apartment and do not even have registration in it, then there is no way to do without the consent of the owners.
This is interesting: you shouldn’t be afraid to register parents with minor children in your apartment, because none of them will have housing rights. In addition, such registration is considered temporary, and will only be valid for the period of time that the family will live in a particular premises.
Grounds and reasons
There are several reasons for obtaining registration:
- availability of a statement expressing the desire of the child’s representatives to register him;
- presence of an attachment site.
A correctly prepared package of documents and submitted to the registration authority can also be considered the basis
The reason for obtaining a residence permit is that without it, the child will not be able to easily enter a kindergarten or school, or be assigned to a clinic at the place of residence.
This is very important to be able to enjoy all the rights guaranteed and protected by the state.
Read about ways to get a place for a child in a kindergarten or school without registering at your place of residence on our website.
Can a registered person register a child: where to start?
Registration of citizens who have reached the age of fourteen
Can parents register their child at a place of residence that does not coincide with their registered address? Legal norms give the following answer: this situation is real when a person reaches 14 years of age. Adolescents at this age are considered to have limited legal capacity. It is from this moment that they receive a passport of a citizen of the Russian state.
The following documents are submitted for registration:
- Passport.
- A paper confirming the right to own housing, for example, a gift agreement, social security. hiring This requirement is not mandatory, since the registration authority can obtain information independently through interdepartmental exchange of information.
- Statement.
- Written consent of the tenant's family members (if there is a social tenancy agreement).
Thus, the package of documents provided for registration is standard.
However, in this case, the written consent of the mother and/or father will also be required. Provided that the minor is an orphan, the agreement is drawn up by the guardians/guardian.
Is the consent of the apartment owner necessary in such a situation? It depends on who owns the property. When the home was purchased in the name of a son/daughter or was given to them by succession, such consent is not required.
In all other cases it is necessary, and if registration and move-in is carried out on an area given for use under a social contract. hiring, then all members of the tenant's family must confirm their agreement in writing.
Where to start, where to turn?
If you are registering a newborn, you must first obtain a birth certificate, since without it you will not be able to proceed with the registration procedure.
In other cases, you can immediately begin registration by checking the collected papers for compliance with the requirements.
Where is it issued? The Federal Migration Service was replaced by a new body, the Main Directorate for Migration Issues of the Ministry of Internal Affairs of Russia .
This body today functions within the structure of the Ministry of Internal Affairs, and does not exist separately. This happened in April 2020 by decree of the President of Russia in connection with the improvement of the work of government bodies.
Registration procedure
Registration at the baby’s place of residence is carried out in the presence of a birth certificate, so before starting the procedure for registering a newborn child, you should receive his first document.
You should contact the Federal Migration Service, and not the passport office, as was the case until recently. It is also possible to complete a legal act by contacting a multifunctional center or online through the State Services website.
Both the father and the mother who have permanent right of residence in the given living space can apply, regardless of whether he is the owner or not.
Documents for registration of a minor:
- Birth certificate.
- Passport of the parent in whose territory the child is registered.
- Statement of the established form.
- Certificate of marriage or divorce.
- Notarized consent of the second parent.
- Permission from the guardianship authorities, if during registration there is an extract from the previous place of residence.
The registration procedure for Russian citizens is free. If all conditions and criteria are met, the FMS cannot refuse registration.
Read about how to register your child in different types of housing here.
Documentation
What documents are required? In order for a child to be registered at the place of residence, it is necessary to prepare a certain package of documents :
- birth certificate;
- a statement of a certain form;
- parents' passports;
- marriage certificate, if available;
- written consent of the mother if the baby is attached to the father’s place of residence;
- When registering and simultaneous discharge, the consent of the guardianship and trusteeship authorities is required.
In most cases, no additional documents will be required .
Read about the package of documents for registering a newborn in our article.
Where to submit documents? To submit a prepared package of papers, interested parties have several options to choose from. It should be based on the convenience of the location and the waiting time for the result. Available options include:
- passport office at the place where the baby will be registered;
- Multifunctional Center;
- State Services portal on the Internet. Great for applying from the comfort of your home. However, you need to obtain a password and login for the system in advance;
- Department of the Main Department of Internal Affairs of the Ministry of Internal Affairs of Russia.
Read our article about how to register a newborn through State Services or MFC.
Temporary registration in another city
According to the legislation of the Russian Federation, when arriving in another city, each resident must obtain a temporary registration within 90 days. Otherwise, the city will have to leave
. Violation of this law threatens with administrative liability - a fine of 1,500 to 2,500 rubles. Moreover, this responsibility also extends to the owner of the apartment, with whom guests lived without temporary registration during this period.
You might be interested in an article about how to get
technical certificate
for an apartment.
You can read about the features of selling an apartment with a registered person here.
- passport or birth certificate;
- statement on the need for temporary registration;
- documents for rent or ownership of living space (if such a document is missing, the application will require the signature of the owner of the living space and his personal presence, this will confirm his consent to temporary occupancy. If it is impossible for the owner of the apartment to be present, his statement certified by a notary is sufficient;
- a receipt confirming payment of the state duty.
This package of documents must be submitted to the local FMS office or passport office. After three days, this organization issues an insert sheet indicating temporary registration. Such a document does not give the owner ownership rights to the apartment.
. If a citizen lives in rented housing, he pays for utilities and the rent itself according to the terms of the contract.
Please note: in almost every city there is a multifunctional center - a multifunctional center. You can also contact this organization with questions about registration of any type of registration
The validity period of this type of registration is determined by voluntary agreement of the parties. At the same time, the legislation of the Russian Federation provides for a minimum and maximum period for this type of registration. According to clause 9 of the Rules for registration and deregistration of citizens at the place of stay or place of residence, it is six months and 5 years, respectively
.
If a citizen plans to stay in another city for less than 6 months, he will be denied registration.
Timing, cost and result
In any case, it is unlikely that the baby will be immediately registered on the same day as the application. You will have to wait for different periods of time in different cases.
For example, when contacting the Main Directorate for Migration Issues of the Russian Federation, you will have to wait a maximum of 3 days , and in other cases about 5-7 days .
Those who submitted an application through the State Services portal will have to endure the longest waiting period, up to 9 days .
However, when contacting the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation, you can ask for urgent registration, if necessary. In this case, employees, if possible, can go to a meeting and complete the entire procedure directly on the day of the call.
There is no cost to register a minor. This action is absolutely free and does not require any material investment.
However, if it is necessary to urgently register a child, parents may need to pay a state fee for urgency . Usually it does not exceed 300 rubles.
What documents are ultimately issued? If a minor is under 14 years of age, he is given a special certificate stating that he is registered in a certain place. Otherwise, a stamp .
For information on how to obtain a registration certificate in Form No. 8, read our article.
When can they refuse? Refusal is often made due to incorrect or incomplete submission of documents. However, they may refuse due to an attempt to register a minor separately from their parents.
Registration of a newborn in a privatized apartment
No matter how many owners a privatized apartment has, a newborn is registered in it if mom and dad are registered in this living space.
The legislation provides for unconditional registration at the place of residence of the mother, and with several nuances - at the place of residence of the father.
Parents need to keep in mind that the consent of the apartment owner to register a newborn in a privatized apartment is not required!
This makes the situation easier and makes registering the baby hassle-free. You just need to know how to act.
Married parents
The act of registering a born baby at the place of residence is not difficult for married parents; this procedure is done in one day, if you first collect the entire package of documents.
The list includes:
- passports of both parents in originals and photocopies;
- baby's birth certificate;
- original marriage certificate;
- parental application requesting registration of the child at their address;
- a document confirming ownership of square meters and housing in full;
- in a situation where the parents are registered at different addresses, you need to provide a certificate stating that this baby is not registered with one of the parents, in which case he will be registered with the second without any problems;
- You may need the consent of one of the parents to register the baby with the second parent.
The package is certified by the housing and communal services department, then goes to the passport office; after a maximum of a week, this body issues a certificate of registration of the child at this address.
The practice of putting a stamp on a birth certificate has long become obsolete, so do not allow such marks to be placed on the document.
After submitting the application, the FMS will send an invitation within three days to come with documents and receive a registration certificate.
The procedure carried out at the FMS is that parents are offered:
- replace the electronic application with a form filled out on site;
- support it with the original required documents.
Mothers
The registration of the baby at the mother's address is carried out without any reservations, especially if this is done within a short period (no more than a month) after birth.
The following documents are sufficient for registration:
- birth certificate;
- mother's passport and statement;
- a certificate from the father that the child is not registered with him;
- certificate of ownership.
The fact that there are not enough square meters in a privatized apartment, as well as the fact that the mother is not the owner of the apartment or only owns part of this area, does not matter; the child will still be registered with the mother.
Father
When registering a baby at the father's address, the mother's consent and the submission of the necessary documents are required, namely:
- father's passport;
- a certificate from the mother’s place of residence that the baby is not registered at her address;
- father's application for registration;
- birth certificate;
- documentary evidence of ownership of square meters.
If the marriage is dissolved, the list of papers will be different:
- passports of mother and father with photocopies;
- baby's birth certificate with a photocopy;
- father's application for registration;
- a certificate stating that the child is not registered with the mother;
- maternal consent to register the newborn with the father;
- extracts from the EIRC and passport office at the place of residence.
It is also necessary to have both parents present when registering the baby with the father.
Without the owner's consent
A newborn is registered with his parents without the consent of the homeowner. It is enough for parents to be registered in this living space.
The persons who participated in the privatization of this living space cannot influence the child’s registration and make it impossible.
Grandmothers
Situations often arise in life when a child has to be registered with his grandparents.
But it must be remembered that this is only allowed if they are the official guardian of the minor.
