How it's done?
To issue a power of attorney for registration, as we have already said, the passport of the principal and the data of the person who is trusted to issue the registration are sufficient.
But it is possible that the notary will require additional documents. Therefore, it is better to first clarify with him the list of necessary documents. When drawing up a power of attorney, a notary usually requires the presence of both parties. He needs to make sure that the person you trust to represent your interests agrees.
But this is not a prerequisite. To issue a power of attorney, you submit the prepared documents to the notary.
He will do the rest himself. You can also have your registration application notarized.
Such an application is drawn up according to one form established for the entire country.
It can be obtained at any passport office or house management.
Is it possible to register without the presence of the person prescribed?
Sometimes there are situations when the registered citizen himself does not have the opportunity to contact the appropriate authority. In this case, it is worth taking a closer look at the legislative acts. This will allow you to accurately determine whether registration is possible without the presence of the person being registered.
Also, another passport should be added to the package of documents, which will belong to the person representing the interests of the person being registered. It must be accompanied by a notarized power of attorney. In this case, when submitting an application, you can also do without the prescribed one.
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Is it possible to do
It is difficult to answer the question presented exactly, since everything depends on the attitude of the FMS employees.
Legislatively, there is no categorical prohibition on the registration of a person under a power of attorney issued to a representative. But it is impossible to find permission in acts and regulations.
The situations are ambiguous - some citizens carry out their plans without problems, others listen to a categorical refusal from the Federal Migration Service requiring the signature of the home owner.
Lawyers, stipulating the presented point, clarify the following - in order to avoid problems and refusal, it is recommended to obtain written consent from the owner for the citizen to register on the territory of his living space.
Where to go to apply for registration?
In order to apply for registration, you need to contact either the passport office or the passport officer of the house management. To register, you will need to provide:
- application for registration in the prescribed form. Form No. 6;
- power of attorney from the person who wishes to register;
- his passport, his passport;
- if required, a departure slip;
- if a person is liable for military service, then his military ID and official document;
- written consent of adult family members or people registered at this address.
You submit your documents and receive a passport with a registration stamp within the prescribed period.
There is nothing complicated about registering by proxy. You just need to prepare documents correctly and in a timely manner and comply with the requirements of the law.
That is, to be discharged from your previous place of residence. Receive and correctly fill out an application for registration. Obtain a power of attorney from a notary to obtain registration.
Obtain free written consent from all adults living in the apartment where you are registering.
Give the person you trust to register you the prepared documents, including your passport.
Then, within the specified period, arrive at the passport office or house management to get a note about your new registration. Don't forget that the law requires you to register within 7 days.
How to draw up a power of attorney for registration in an apartment
The power of attorney is mainly drawn up by a notary, but you can save money and prepare the document yourself.
From the owner
The notary draws up a power of attorney of the established form, which contains information about the representative and the owner of the living space. An important condition of the document is a clear description of the rights and obligations of the trustee.
Next, consent from the owner to carry out registration of the citizen without his presence, drawn up by a notary, is presented.
In this case, a general power of attorney is submitted for all legal actions of the authorized person.
From the person being prescribed
A power of attorney from the registered citizen is drawn up in a similar way. The FMS is ready to accept such consent if the document indicates the fact that the owner of the property has the right to register the principal on his territory.
The power of attorney is certified by a notary, and printed on special paper with watermarks to confirm authenticity and compliance with the law.
Often there is an urgent need to register a minor - for example, when moving to another city, etc. - but it is impossible to do this without the presence of one of the parents.
However, if parents or one of the representatives (in case of divorce or death of a second close relative) cannot visit the FMS office in person, they can issue a power of attorney for registration.
This may be the owner of the living space, on the territory of which subsequent registration will take place, or a representative of interests.
A representative with a notarized document submits an application to the FMS office to register a minor without the presence of parents.
What power of attorney is required to register with the Federal Migration Service?
In order for a citizen to carry out all the necessary actions for registration, he will need the following powers from the owner:
- Submitting applications to the Federal Migration Service for registration procedures.
- Providing title documents for this object.
- Making the necessary changes to the house register for the property in question.
- Payment of government fees and duties provided for the procedure for registering a place of residence.
- Receipt of ready documents after registration actions.
- Perform other related actions necessary to complete registration.
In each case, the wording of the power of attorney is drawn up individually, however, schematically, the content of the power of attorney for registration can be characterized by the following main elements:
- Details of the parties: the owner of the property and the person receiving the authority to carry out the necessary actions. Please indicate your last name, first name, patronymic and full passport details.
- The reason for issuing the document, that is, a description of the action for which the power of attorney is issued.
- List of powers that the trustee receives. We have already discussed the key powers that need to be granted above.
- Validity. If this detail is not filled in, it is automatically equal to 1 year. However, more often than not, shorter periods are indicated, for example, several months.
The document is sealed with the signature of the principal and the notary, as well as the seal of the notary, thereby acquiring legal force.
Important! Many property owners, without understanding the issue, provide too broad powers. For example, the most serious mistake is to provide a general power of attorney, which gives the broadest powers. As a result, the trustee may abuse the granted powers and use the document to perform undesirable actions that are disadvantageous to the owner (for example, using real estate as collateral for a loan).
Is it possible to register a person by proxy without his presence?
In order to register in an apartment, you will need to collect a package of documents, stand in line and spend a lot of time and money. In addition, the situation becomes more complicated if the owner of the apartment is absent. In this case, officials have the right to issue registration only on a temporary basis.
In order to register in an apartment without personal presence you will need:
- extract from previous place of residence;
- written permission for registration from the owner of the apartment.
The registration procedure itself consists only of putting a stamp in the passport, however, for this it is necessary to provide a power of attorney from the owner if he is absent. The document is drawn up in writing according to a special template. The original is transferred to the state authorities of Rosreestr or MFC at the place of residence.
According to the law, it is not allowed to register a citizen without the presence of the person. However, there are some exceptions to the rules:
- the owner of the apartment is seriously ill;
- incapacitated and dependent;
- absent from the country or city;
- is in prison;
- unknown missing.
A power of attorney is a legal document that provides for the owner’s consent to the registration of unauthorized persons in the apartment.
Where to submit
When wondering whether it is possible to make a power of attorney on behalf of the homeowner to register a person in his living space while being in another city or outside of Russia, you should immediately answer that this is allowed. When wondering whether a power of attorney is valid when changing place of residence, you can also answer positively. At the same time, it is important to indicate in the document exactly where it will be used, in which territorial body.
Where to use a power of attorney:
- In the territorial office of the Federal Migration Service at the location of the housing;
- Submit to any Multifunctional Center;
- Through the housing office with the relevant department.
Since the data on registered residents has changed and tends to change constantly, this information will be reflected in the Unified State Register of Real Estate, which is managed by Rosreestr.
When submitting an application with documents directly to the migration service, you will have to wait on average about three days. The multifunctional center carries out this procedure a couple of days longer. At the same time, it is worth checking in advance with the territorial authority whether they will accept an application by proxy from the owner of the property, so that there are no difficulties in the future. It is also advisable to have a compelling reason why the owner cannot be present during registration in person, so as not to arouse suspicion.
Validity and cost
An employee has only 15 minutes to work with one applicant. During this time, he will look through all the papers, check the passports and identities of the owners or residents of the municipal apartment, as well as the authorized representative.
From the moment of receipt of documents and application for registration, specialists of passport departments (or, in a new way, accounting and registration departments) have time for registration procedures of up to 3 days inclusive.
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Registration at your place of residence is free of charge.
Previously, the power of attorney was temporary and was issued only for a period of 1 year. Since 2021, on the basis of Article 186 of the Civil Code of the Russian Federation, the principal himself indicates the validity period of the document, which is necessarily stated in the text and is observed unconditionally. If the period is not specified, then the document is considered valid for 1 year.
The cost of producing a power of attorney depends on the region and the qualifications of the notary. At the moment, the price range is presented as limits from 1500 to 2500 rubles.
List of documents
In order to register in an apartment on a temporary or permanent basis, a Russian passport is provided to the MFC authorities. Foreign citizens must present a foreign identity card, as well as a migration card, visa, or other document giving the right to stay in the country.
To register you will also need:
- written consent of all apartment owners;
- application for registration;
- an extract from the housing and communal services department confirming consent to register a new tenant;
- certificate of ownership;
- technical passport for the apartment;
- Home Book;
- receipt for payment of state duty.
Subsequently, the citizen registered in the apartment can also register his child, without the consent of the owner. However, it will not be so easy to discharge a minor. This will require permission from the Guardianship and Trusteeship authorities, as well as registration at a new place of residence, which corresponds to the previous one (in terms of square meters and repair conditions). Adults should not infringe on the rights of the child by providing housing that does not meet the standards.
In some cases, MFC authorities may refuse to register a person with a power of attorney from the owner. The living space must correspond to the standard square meters allocated per person. This figure differs in each region. For example, in the Moscow region the accounting norm is 10 - 12 sq.m. The exception is newborn children or minors who are required to live with their parents, regardless of living space conditions.
According to the law, citizens of the Russian Federation have the right to register on a temporary basis if they do not live in the city. Thus, the first right to renew registration in the future is retained. The registration is valid for three years. Documents are processed from 3 to 7 days at the MFC, and up to 1 month at passport offices. The procedure can be speeded up if you submit documents at your place of residence and intended registration.
What is the price?
The cost of registration for citizens of the Russian Federation is absolutely free. Foreigners pay 200 rubles for checking and processing documents. The final cost of registration depends on the notary. On average, issuing a power of attorney costs from 2,000 to 2,500 rubles. At the same time, a mandatory state fee is paid - 200 rubles.
- Communal apartment;
- privatized or non-privatized housing;
- country house/country house;
- municipal real estate;
- relatives' apartment;
- housing of another owner.
The cost of registering a person under a power of attorney will also depend on the housing.
If you have questions, consult a lawyer
You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):
- 7 Moscow and region;
- 7 St. Petersburg and region;
- 8 all regions of the Russian Federation.
Reference
based on the results of a study of the practice of consideration by district (city) courts of the Republic of Tatarstan of civil cases on applications, including claims, in connection with the improper performance of duties by state authorities and local governments, their officials, state and municipal employees, as well as state and municipal institutions , enterprises
The Constitution of the Russian Federation (Article 17) recognizes and guarantees in the Russian Federation the rights and freedoms of man and citizen in accordance with the generally recognized principles and norms of international law, the requirements of this Constitution.
- the right to apply personally, as well as to send individual and collective appeals to state bodies, local government bodies - Article 33 of the Constitution of the Russian Federation;
- the right to own land in private ownership - Article 36 of the Constitution of the Russian Federation;
- the right to social security due to age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law - Article 39 of the Constitution of the Russian Federation;
— the right to housing — Article 40 of the Constitution of the Russian Federation. The same legal norm states that no one can be arbitrarily deprived of their home; State authorities and local governments must encourage housing construction and create conditions for the exercise of the right to housing; low-income people and other citizens specified in the law who need housing are provided with it free of charge or for an affordable fee from state, municipal and other housing funds in accordance with the norms established by law;
— the right to freedom of movement — Article 27 of the Constitution of the Russian Federation.
The listed rights are exercised by citizens by appealing to entities endowed with public authority - to state authorities and local governments, to their officials, state and municipal employees.
Bodies of state power include bodies of state power and administration formed in accordance with the Constitution of the Russian Federation, the constitutions of the republics within the Russian Federation and other legislative acts to carry out their activities. Local self-government bodies include any bodies created in accordance with the Constitution of the Russian Federation and other legislative acts in cities, rural settlements and other territories to ensure independent resolution by the population of issues of local importance, ownership, use and disposal of municipal property.
Bodies of state power, local self-government and their officials are called upon to directly or indirectly influence areas of society. To fulfill the powers delegated to them, they, in particular, adopt many acts, including normative and legal ones, and various decisions. The rights and freedoms of citizens and organizations are a measure of permitted behavior provided by the state.
Meanwhile, at present, the improper implementation by bodies of state power, local self-government and their officials of the duties assigned to them by the Constitution of the Russian Federation, laws and other regulatory legal acts of the Russian Federation and the Republic of Tatarstan, namely, numerous unfounded and unmotivated refusals on the part of the said subjects to citizens in the exercise of the rights guaranteed to them by the state, leads to the adoption by authorities of a significant number of illegal individual legal acts and decisions that violate the rights of citizens.
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These circumstances force citizens to turn to the judiciary to protect their rights, freedoms, and legitimate interests.
Recently, in the courts of general jurisdiction, the number of cases being considered on claims and applications of citizens challenging unlawful actions (decisions) of state authorities, local governments, their officials, state and municipal employees, as well as persons permanently or temporarily holding government positions has increased. bodies, local government bodies, at enterprises, institutions and organizations, positions related to the performance of organizational and administrative or administrative and economic duties, or those performing such duties under special authority.
The Supreme Court of the Republic of Tatarstan, in accordance with the work plan for 2010, conducted a study of the practice of consideration by district (city) courts of the republic of civil cases on applications, including claims, in connection with the improper performance of duties by state authorities and local self-government, their officials, government and municipal employees, as well as state and municipal institutions and enterprises.
When generalizing, the decisions of the district (city) courts of the republic, the rulings of the judicial panel for civil cases of the Supreme Court of the Republic of Tatarstan, as well as the rulings of judges issued by way of supervision, and the decisions of the Presidium of the Supreme Court of the Republic of Tatarstan for the period from 2009 to 2010 were studied.
... In such situations, the courts have to involve the relevant state authority or local government, as well as its structural unit, in order to actually resolve the issue of interest to the citizen.
Based on the foregoing, it follows that in the course of considering cases of this category, courts are often forced to duplicate the functions of executive authorities, which, for inexplicable reasons, do not want to take responsibility for resolving many problems, but shift these responsibilities to the judiciary.
In 2009-2010, district and city courts of the Republic of Tatarstan handled 773 similar cases, of which in 495 cases (64%) the applications were satisfied.
City (district) courts of the Republic of Tatarstan also considered cases challenging decisions and actions (inaction) of the federal migration service.
Most often, citizens are forced to go to court to protect their rights in the event that migration authorities refuse to deregister a citizen based on an application signed by his representative on the basis of a notarized power of attorney, based on the need for the citizen’s personal presence or notarization of a personal statement.
During court hearings, it is established that the application for deregistration is submitted by the applicant’s representative, acting on the basis of a notarized power of attorney containing the appropriate authority to apply to the migration service.
What to do for registration?
To register through a representative, first prepare a power of attorney. To do this, the owner goes to the notary and provides him with his passport, data of the representative and a document confirming the rights to housing (for example, an extract from the Unified State Register of Real Estate).
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Step-by-step registration procedure:
- Receive from the notary a ready-made special power of attorney and an application for registration certified by him in form No. 6 for permanent registration or No. 1 for temporary registration.
- Give all documents to your legal representative.
- Wait until he takes the package to the registry office. accounting or in the MFC (“My Documents”).
- Within 3-8 days you will receive a registration stamp in your passport from him.
The representative or authorized representative carries out all instructions of the owner according to the power of attorney and passport issued to him. You need to be prepared for the power of attorney number to be checked in the system.
Download a sample application for form No. 6 here, for form No. 1 here, and a completed power of attorney form here.
Extract from previous living space
It is allowed to register in a new place with automatic deregistration from the previous one. If you do this through a representative, then you do not need to deregister; it is enough to submit an application in which a note is made with a request for an extract to the address of the previous place of residence (stay).
Another option is also possible. For example, a representative goes to the registration authorities at the old address, draws up a departure slip by proxy and is discharged.
Next, he goes through the registration procedure in the new apartment. In this case, the terms of reference of the representative should include actions for extracting and registering, that is, the power of attorney should give the representative the right to participate in two procedures at once.
Preparing an application for registration
To ensure that registration through a representative goes smoothly, fill out application forms in advance using Form No. 6 or No. 1, depending on the type of registration. Sample documents are given above. Next, the document must be certified by a notary.
When filling out you need:
- enter your contacts. passport details;
- indicate citizenship;
- provide information about the owner of the property, future residence address, rights to real estate;
- sign the form in person.
The application form for registration, approved by the Ministry of Internal Affairs, contains only columns for the legal representative of the person: parent for children, guardian, trustee, adoptive parent. There are no such boxes for the authorized person, that is, the application is signed exclusively by the initiator of registration.
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Registration of a notarized power of attorney
A power of attorney is required only for permanent or temporary registration of the homeowner, if he cannot be present at the procedure (for example, he is in the hospital, away). The document is drawn up in accordance with the requirements of the Civil Code of the Russian Federation.
To issue a power of attorney you need:
What is your registration?
Registration at the place of residenceRegistration at the place of stay
- passport of the apartment owner;
- all information about the representative, or better yet, a copy of his passport with registration;
- documents confirming the right to housing (preferably);
- receipt of payment of state duty (from 200-500 rubles).
The personal presence of the authorized person when issuing a power of attorney is not necessary. The document must indicate the date of preparation, the terms of reference of the representative, and their validity period.
At the same time, submit the completed application forms in form No. 6 or No. 1 to the notary for certification (see samples above). The procedure will take 20-30 minutes. The owner's passport and his rights to housing will be checked. Having a USRN certificate will speed up the registration procedure.
Written approval from homeowners
The approval of the owners is required when registering any adult citizens (over the age of 14 years). Consent is also issued by a notary. Download the sample here.
The document states:
- contact and passport details of the owner;
- his registration address and rights to real estate;
- consent to move-in and registration at the place of stay.
The paper will have to be issued for all co-owners of the apartment separately. Everyone will have to go to a notary and sign a consent form.
If the apartment is municipal, and a stranger (not a relative of the tenant) is registered, then consent is required from the municipality. Plus, approval will be required from the employer and all members of his family.
The paper from the authorities is drawn up in the property management department of the local administration or city hall. It does not need to be notarized. The consent of the employers is drawn up by a notary according to the procedure described above.
Passport Office
They are registered at the passport office (registration departments of the Ministry of Internal Affairs of the Russian Federation) or the MFC (“My Documents”). You should contact these structures only if a power of attorney has already been issued and an application has been certified, or if you have a temporary registration, consent to registration.
Temporary registration documents:
- passport;
- application in form No. 1;
- consent to temporary registration from the owner;
- power of attorney for registering the owner through a representative (if he himself is registered and not the tenants).
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Documents for permanent registration:
- passport;
- application in form No. 6;
- power of attorney for citizen registration;
- departure address sheet (if simultaneous check-out and registration are not planned).
Invalidity status
The power of attorney becomes invalid in the following cases:
- upon expiration;
- as a result of the death of the principal or fiduciary;
- at the request of the principal.
The last paragraph indicates the fact that the principal has the right to cancel the document. To do this, you must submit a corresponding application to the notary office where the document was previously prepared. It is not necessary to indicate the reason for cancellation.
Basic details
A power of attorney when changing your registration, just like any other, is an official document with legal force, which means it must contain mandatory details, without which the paper cannot be used anywhere for its intended purpose. This is a voluntary expression of the will of the owner of the property, which he allowed to register a person in his living space and authorized everything to be registered to another person. The list of required items includes:
A power of attorney for an extract, just like during registration, is issued at a notary’s office, which automatically reduces certain risks and confirms the legal purity of the procedure, the identity and voluntary decision of the owner of the living space.
Since today the process of registering a tenant takes, on average, three to five days, depending on where the applicant applies, it makes no sense to issue a power of attorney for a long term.
Is registration possible with a power of attorney from the owner?
In accordance with the law, a citizen must independently submit documents and register for registration. This requirement is set out in the main current documents that regulate registration at the place of residence of citizens.
To register using a power of attorney, you must provide objective reasons why this cannot be done yourself.
To ensure that registration is not denied, you must:
- First obtain permission to issue a power of attorney from the Federal Migration Service.
- If permission is received, then a power of attorney should be issued, which is certified by a notary.
- The document is drawn up according to the rules; it is worth obtaining a sample first so that everything is done correctly and without errors, which often lead to refusal to register by proxy.
Is it possible to register in an apartment without the presence of the owner of the property in 2021?
- Extract by a citizen from the previous address of residence.
- Execution of a power of attorney on behalf of the owner to the person who confirms the right to register.
- Contacting the Migration Service to fill out an application.
- Providing documents necessary for registration.
- On the appointed day, receive a stamped passport.
- notifying dissenting persons that a lawsuit has been filed against them;
- passport of the owner and registrant;
- certificate of deregistration from the previous place of residence;
- real estate documents confirming rights;
- photocopies of all certificates for the apartment (house);
- receipt of payment of the duty;
- a list of papers that are submitted to the court.
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Procedure for registration by proxy
For a more precise explanation of the issue, the sequence of actions if you have a power of attorney for registration should be given.
From the owner
The owner of the premises can register a citizen on the territory of his living space without personal presence at the FMS office in the following way:
- contact a notary with a trusted person and pay for the service of preparing a power of attorney for registration;
- The document will be ready within a few minutes - often it takes no more than an hour. For a power of attorney, it is required to present the passports of the parties - the owner of the apartment and the authorized representative. If consent is given specifically for the citizen’s registration, it is better to present a certificate of ownership of the living space along with the basis document;
- with a notarized power of attorney, the principal and the registered citizen are sent to the FMS to carry out the citizen registration procedure;
- At the department, you must write an application for registration in the specified apartment, as well as submit documents for it - a certificate of ownership and the basis for their availability.
To simplify the procedure somewhat, it is enough to contact the settlement and service center at the location of the apartment in which the citizen is being registered. There are special departments here that allow you to do what you have planned immediately - upon request.
As a rule, documents - a passport with a stamp indicating registration at the specified address - are collected the next day. This can be done by the registered citizen himself without outsiders.
Often, the owner of the apartment himself is involved in registering the person being registered without his personal presence. In this case, adhere to the following sequence:
- obtain an appropriate power of attorney from the person prescribed;
- take it and the documents for the apartment to the settlement and service center or the Federal Migration Service. It is also necessary to present the passport of the citizen being registered so that it is stamped with a stamp indicating that the registration has occurred;
- submit an application with a request to register a citizen in your living space without his personal presence, but with a submitted power of attorney;
- wait for the documents to be verified - this takes a few minutes, so the passport of a registered citizen can be picked up the next day after submitting the application.
There should be no questions from employees if all documents are in order and the power of attorney is valid at the time of application.
Power of attorney
The most basic document in the process of registering a citizen at a new place of residence without his personal presence is a power of attorney on his behalf to obtain the right to represent his interests by another person. The execution of a power of attorney for the regulatory authorities of the passport office is issued by a notary. You will need a special form, which he provides. Certification takes place in the place where the incapacitated citizen is located - hospital, home, etc.
In some situations, the help of a handicapper is needed - a person who has the authority to sign a power of attorney on behalf of the patient if he is unable to do so.
Criteria for selecting a handler:
- Russian-speaking;
- has a passport of a citizen of the Federation;
- adequate;
- not interested in the outcome of the process.
When the power of attorney is ready and certified, you need to collect another package of documents.
Procedure plan
The power of attorney must be certified by a notary; without his signature, it will be considered invalid. The power of attorney is affixed with his seal and signature.
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To issue a power of attorney, you must provide the following documents:
- passport of the citizen who constitutes the power of attorney;
- passport details of the authorized person;
- certificate of departure from the place of previous registration.
It is better to find out a complete list of documents from a notary in order to prepare everything in advance.
The validity period indicated in the power of attorney depends entirely on the wishes of the principal. It may last only a few weeks or last indefinitely. But if there is no indication of the validity period of the power of attorney, in accordance with the Civil Code, its validity period is exactly one year.
There is no state fee for preparing such a document, so you only need to pay for notary services. The cost of its services depends on the region, the average price is 1,500 rubles.
The whole procedure proceeds according to the same plan as usual, only instead of the person who has changed his address of residence, his authorized representative appears at the reception.
Where do you register? Documents are accepted by various authorities that are charged with performing such actions:
- housing offices of all types: housing departments, homeowners' associations, housing cooperatives, management companies;
- MFC;
- FMS bodies.
Features and nuances
The nuances of registration by proxy include two points.
In this case, you can enter the address of the apartment in accordance with the cadastral passport. To make such a power of attorney, the notary must submit all real estate documents for verification.
The second is the presence of other apartment owners. To register a citizen in an apartment in which there are several shared owners, you will need to obtain consent from each. Without them, the registration procedure will not be carried out.
If he cannot personally visit the FMS department, a trusted person can do this for him. It is also important to obtain consent from the minor’s second legal representative.
Is it possible that someone was registered without my knowledge? Due to the tightening of the registration regime in order to minimize fraud, FMS employees do not always agree to carry out registration without the presence of the citizen himself, so it is worth making preliminary inquiries regarding the fundamental possibility of such registration.
Is it possible to register by proxy? There are also subtleties with the execution of a power of attorney: it should not be a general document, but a one-time one; every experienced notary will understand exactly what type is required.
In order to meet the registration deadline, it makes sense not to register at the previous address of residence until the citizen has the opportunity to personally register.
And if the case is truly critical, associated with a serious illness, then it is worth contacting the Federal Migration Service with a request to carry out accounting procedures at home, with employees visiting the patient’s address, or try using the services of a trusted person.
Urgent services
If registration needs to be issued urgently, without the personal presence of the legal owner of the living space, but with a power of attorney issued by him, this is also possible. Typically, such a procedure requires an additional fee, despite the fact that in general all registration procedures are free, except urgent ones. Alternatively, you can try to get a personal visit to the head of the territorial office with your application and the attached papers to ask for urgent processing, indicating a good reason. Having the manager’s resolution on the application, the registration process for a mother with children, a relative, or any stranger will take no more than five minutes.
If you have a ready-made power of attorney, you can make an appointment with the Federal Migration Service in advance and avoid standing in queues by showing up at the appointed time. It is also important to take into account that in this case a general power of attorney is not required; a special one is sufficient, according to which the representative can act only in what is allowed to him and recorded by the notary. It also makes sense to hand over a completed application with the personal signature of the homeowner to the authorized representative.
The presence of the prescribed adult is desirable to confirm that the procedure is voluntary. If a minor is registered, parents or guardians will be present in their place. A child over fourteen years of age may attend alone. When registering separately from your parents, you must have permission from your mother or father.
What other documents will be required?
- application for registration, written in the prescribed form;
- power of attorney;
- identity card of the trustee and the citizen who is assigned;
- certificate of departure from previous place of residence, if necessary;
- for minors, the consent of family members or citizens who are registered in the apartment is required;
- if the citizen is liable for military service, then provide a military ID and registration document.
If all documents are collected and registration is permitted by power of attorney, then within the specified period, the citizen receives his passport with his registration. If you have any questions regarding the registration procedure, you can use the online consultation and receive qualified assistance from our lawyers.
Can they refuse registration?
The Law of the Russian Federation on the rules of registration regulates the registration of citizens individually, without specifying the possibility of registration with the help of an authorized person, without the participation of the owner of the property and the person who needs registration. Hence:
- Such permission is not specified in regulatory documents.
- There is no prohibition on registration through a proxy.
It is possible to register by power of attorney without the presence of the apartment owner, but you should first find out from the FMS if this is possible. After receiving permission, it is necessary to correctly draw up a power of attorney and collect all the documents that are necessary to carry out the procedure itself. The main thing is to correctly draw up a power of attorney and have it certified by a notary, then there will be no problems with registration through a proxy.
What does the legislation say?
Is it possible to register a person without his presence?
What laws govern it? Registration issues are subject to the following regulations:
- Order of the Federal Migration Service of the Russian Federation dated September 11, 2012 N 288 (as amended on January 19, 2015) and the Administrative Regulations for the provision of citizen registration services by the Federal Migration Service approved by it;
- Decree of the Government of the Russian Federation of March 5, 2015 N 194 “On amendments to the Rules for registration and removal of citizens of the Russian Federation”;
- Decree of the Government of the Russian Federation of July 17, 1995 N 713;
- as well as the Family and Housing Codes of the Russian Federation.
However, none of these acts contains instructions regarding the possibility of registration without personal presence, except for paragraph 31 in Decree of the Government of the Russian Federation No. 713, which clearly provides a list of situations when a citizen has the right not to be present.
The FMS government services website clearly states that one of the ways to submit documents is through a legal representative, from which one can conclude that this procedure is realistic.
Considering the tight deadlines (7 days) for registering at a new address and the purely notification nature of registration, the permission of the FMS authorities to carry out this procedure through an authorized representative greatly facilitates the solution of this problem for many who cannot personally witness their appearance at the citizen reception window.
Legality of registration
In accordance with Law No. 5242-1 of June 25, 1993 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”, registration or discharge of citizens from the apartment in which they live, without their personal application prohibited. But, as you know, every rule has its exceptions.
There are many situations in which a seriously ill person who is unable to move needs to be prescribed or discharged. Therefore, it is quite logical that special conditions are provided for these categories of citizens.