Removing foreigners from migration registration: how to submit a notice of departure of a foreign citizen in 2021 and how to fill out a new temporary form for notification of the departure of a foreigner from the place of stay

In what cases may it be necessary

When registering a temporary residence permit for a citizen in real estate, its validity period is agreed upon in advance. The selected period is documented. Registration time is from 5 months to 5 years.

When leaving the rented area, a person is required to de-register. The procedure can be carried out by the tenant, the owner of the premises, or a representative of law enforcement agencies, depending on the reason for canceling the registration. Registration is terminated by the responsible FMS employee based on the submitted application.

Deregistration is free of charge. Citizens do not even pay state taxes.

Cancellation of temporary registration occurs:

Automatically. Registration is canceled if its period has expired. No additional actions are required either from the tenant or from the owners of the premises.
Early on a voluntary basis. The citizen is independently deregistered. The presence of the owner is not required during the procedure, except if the registration is terminated by a foreigner. Voluntary cancellation of registration is carried out if a person finishes his business ahead of schedule, decides to change his place of residence, etc.
Forced by the owner of the premises before the expiration date of the mark on the identity card. Registration is closed due to violation of the rules for using real estate. A citizen is discharged even if there is no receipt of money for rent from the tenant, for other reasons.
Forcibly on the initiative of a representative of law enforcement agencies. Common reasons are the provision of unreliable information by the tenant, violation of the legislation of the Russian Federation.

Nuances of registration and refusal of it

Extracting through a trusted person certainly cannot be called quick. Precious time is wasted on sending documents by post. In addition, there remains a risk that an UMFD employee will not accept an application from an outsider.

In addition, important documents, which include a passport, will be located somewhere far away. And you may need your passport at any time.

It is necessary to register in a new place no later than seven days from the date of discharge from the old place. Otherwise you will have to pay fines. You can immediately check out and register, without having to travel anywhere. This procedure significantly saves energy and time.

Sometimes special situations arise when migration authorities refuse temporary registration. They are required to indicate the reasons in writing. Here are some of them:

Providing an incomplete set of documents.
Falsification of the information provided or its non-compliance with legal requirements.
Refusal of the owner to provide housing (or one of the co-owners).
Lack of registration with the military registration and enlistment office (for citizens liable for military service).
The living space is under arrest or declared unfit for habitation.

Regardless of the method, registration is free. There are no duties or other payments. An exception is acting through a representative, where expenses for notary services, sending papers and other expenses are inevitable.

Conditions for canceling temporary registration

The procedure for canceling registration is regulated:

Law No. 5242-1 of June 25, 1993. The document was edited on 04/01/2019.
By Order of the Ministry of Internal Affairs of the Russian Federation No. 984 of December 31, 2017. The act was registered with the Ministry of Justice of Russia No. 50635 dated 04/05/2018.

Conditions for deregistration of a citizen:

Completion of studies. Registration is terminated if the student passes the session early and goes home.
An urgent call to work before the end of a business trip. Accordingly, before leaving, he must stop registering.
The vacation period has expired. In this case, temporary registration is rarely issued. They are registered if their stay in another city exceeds 90 days. Such long leave is rarely granted.
Completion of the course of treatment. You can cancel your registration on the day the procedures are completed.
Commitment of unlawful acts by a citizen.
The resident is absent from the address for a long time. If a person does not appear in the rented premises for a long time, the owner has the right to terminate registration.
Violation of sanitary standards. The owner can evict a citizen if he does not maintain cleanliness, as a result of which insects appear in the living space, etc.
No payment. The owner removes the tenant from the register if he does not pay money for rent and utilities.
Providing false information before the procedure.
Violation of the legislation of the Russian Federation.
If other owners of the premises did not consent to registration.
Personal desire of the tenant, owner of the apartment.

Video on the topic

To summarize, let us note once again. Registration at the place of stay is required. Migration registration takes place in the departments of the Main Migration Department of the Ministry of Internal Affairs. When registering temporarily, for example, in another locality, you do not need to apply for an extract from your permanent place of residence. The law allows you to have two residence permits at the same time.

If you have any questions and need legal advice, request a call back on the website (red button on the left). Our consultants will definitely answer and help you!

Cancellation methods

The registration is canceled by the Russian Migration Service. There are several options for how to submit documents for the procedure.

Territorial branch of the FMS

The citizen personally submits the application to the local service unit. In this case, the person is removed from the register within 3 days.

MFC

To cancel registration through the multifunctional center, contact any company.

Follow the procedure:

Visit the nearest institution in person.
They take a ticket from the machine with the queue number.
They are waiting for an invitation to see a staff member.
They hand over a package of documents to the responsible person, which he checks.
An MFC employee makes a request to the FMS. The migration service department processes it and sends a departure slip to the company. An employee of the multifunctional center prints out the paper and hands it to the applicant.

The procedure takes 15-20 minutes after the citizen is called by the responsible person.

State Services Portal

This site was created specifically for citizens to contact government agencies online. This method is convenient because the registration cancellation procedure is carried out without leaving home.

Procedure:

Through the management company

The Criminal Code has a department responsible for registering citizens. Previously it was called “Passport Office”. To cancel registration in the department, submit an application.

Who deregisters

The procedure for registration and deregistration from the previous place of residence was approved by the Government (Decree No. 713 of July 17, 1995). Clause 31 of the Procedure established that registration authorities deregister. The basis is a citizen’s statement.

Authorized officials will independently deregister. To confirm this, two stamps are affixed to the passport: an extract and a registration.

Notification is sent to the previous place of residence no later than three days. After receiving the notification, the citizen will be removed from the register. The participation of the applicant himself is not required.

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Application rules

The legislation does not establish a single form for writing an appeal. This allows you to create a requirement in any form, but it must contain the following information:

Name of the authority to which the paper is addressed. It is entered in the upper right corner.
FULL NAME. citizen. Residence address.
Temporary registration information. Indicate the start date of its validity and the end period specified in the document.
The date from which the applicant wishes to terminate registration.
Signature with transcript.
Date of writing the paper.

How to register children

Is it possible to get a temporary registration for a child? The law recognizes the residence address of a child under 14 years of age as the place of residence of his parents, adoptive parents or guardians. The procedure for registering a child is no different from an adult.

A child under 14 years of age - an application on his behalf is made by a parent. When a teenager is over 14 years old, the minor writes the application for registration himself.
A child is 14 years old - registration is possible together with parents or relatives who have the parent’s notarized consent for temporary registration.
A minor over the age of 14 can be registered separately from his parents with their written consent (notarial or when the parents appear at the passport office, MFC when submitting documents).

In our article, read about what documents are needed for permanent registration of a child.

Minors are registered according to standard rules with some differences from the registration of adults.

The place of residence of a minor is determined by the place where the mother, father or legal guardian lives. It is not possible to register children separately until they are fourteen years old. After 14 years, the issue is already resolved differently. If mom and dad live separately, you may need approval for registration with one of the parents.

First, parents fill out all documents on behalf of the child. After 14 years of age, a minor can fill out and sign everything on his own.

Terms of consideration

If a citizen personally contacts the migration registration department, he receives a response within 3 days. The same period is established for processing applications received through the State Services portal.

The fastest way to cancel registration is through the multifunctional center. Requests to the FMS received from the MFC are processed in 15-20 minutes. The citizen receives an answer on the spot during this time.

The longest way to cancel your registration is by registered mail or email. It takes several days and sometimes weeks to process requests.

Duration and cost of the procedure

Is it possible to get a temporary registration quickly? The deadlines for completing documents for temporary or permanent registration are the same (see how to register in an apartment). If all formalities are followed, the registration period takes no more than a week after submitting the documents:

when submitting documents to the migration department, the registration period is 3 days;
when submitted to the housing department or MFC - 6-7 days;
if you do not submit documents for housing (the right to move in), which the regulatory authority will independently request from the administration, Rosreestr, then the period will take at least 8 days;
when applying through State Services, then within 1 day the document is considered accepted by the migration department. Afterwards, the citizen must bring his passport and original documents to the Ministry of Internal Affairs department at any time within 3 days. On the day of his visit, registration is made.

There is no minimum period of residence under temporary registration. The maximum period is also not established.

Example: Comrade K. indicated a period of six months. If there are no obstacles, then during this time he can stay at the specified address without breaking the law. If he does not go through the renewal procedure, his registration will be automatically canceled and he will live in violation of the law.

What documents are needed for temporary registration? This is a standard package of papers:

general passport;
when registering a child - a birth certificate;
For a child (if he is under 14 years old), documents are submitted by the parent. Accordingly, you need a document confirming parental rights. If a guardian, then a guardianship document;
a completed application form, Form No. 1 (this application is signed by two persons: the person being registered and the one who provides housing to the person being registered);
in addition to the application, an Arrival Form is filled out (forms are available in passport offices, on the website of the Ministry of Internal Affairs, State Services). There is also an arrival sheet of form 12P (it is filled out if registration is planned for more than 12 months). The application also includes a Questionnaire, but filling it out is required if a person is moving into a hotel, boarding house, or sanatorium. Although these documents are filled out by the applicant, the receiving specialist actively helps in the preparation.
documents for housing: for non-privatized housing - rental agreement (sublease);
for privatized - a certificate of ownership or an extract from the Unified State Register of Real Estate. If you do not provide this document, you can provide its details. The regulatory authority will request information based on an interdepartmental request. But it is recommended to provide the document so as not to complicate the procedure.

written agreement:

for municipal housing - the consent of all adults registered in the address (the consent is drawn up by a notary, or all residents come to an appointment where, in the presence of a passport officer, they draw up a document with their own hands), as well as the written approval of the landlord (the municipality).

for privatized - the consent of the owners.

After submitting the documents, if there are no violations, the registration authority issues a certificate of temporary registration at the place of residence.

upon personal appearance at the MFC, housing department, homeowners association.
by mail to the migration department;
directly to the migration service. Such an appeal is possible in exceptional cases when there is no management or other housing maintenance organization for the housing. This applies to private houses. The owner himself goes to the registration department and provides housing for move-in. Well, if a citizen is the owner himself, then he can contact the migration department personally as an applicant.
submission of documents in electronic form through the State Services service;

The most effective way is to appear in person.

If you did not send documents by mail or through the State Services website, you need to appear at the migration department at the appointed time to confirm registration. If you don't show up, there will be no registration.

If a citizen has left his previous living space for some reason, he must attach a departure slip to the package of documents.

In the complete absence of registration as such, actions must begin with the payment of the fine provided for by the Code of Administrative Offenses, clause 19.15.1. The payment amount is from 2 to 5 thousand rubles.

The procedure for paying the fine and details can be obtained from the FMS office that serves the territory of the residential premises.

A receipt for payment of the fine is attached to the following package of documents:

application for registration;
documents for living space that provide grounds for registration (lease agreement, social rent, etc.);
statement of consent of the owner. If there are several owners of the apartment, everyone must give consent;
passports of the applicant and the owners of the apartment.

If there is a notarized lease agreement, the presence of the owner at the procedure and the provision of his passport is not required.

Temporary registration in this case is issued for the duration of the lease agreement, but not more than 5 years. After this period, the document can be extended if necessary.

Read about the specifics of temporary registration of minor children on our website.

FMS employees check the submitted documents within 3 working days. After this, a Temporary Registration Certificate is issued.

This period is established by the Rules of Procedure of 1995. If documents are submitted remotely (via mail or the State Services portal), the processing time may increase to 10 days.

FMS employees may require additional certificates from the applicant from the last place of residence.

The procedure for citizens of the Russian Federation is absolutely free and does not require payment of state duty.

You can learn about the consequences of temporary registration for the owner of the premises in our article.

The law stipulates the maximum period of residence at any address without registration is 90 days, after which the citizen is obliged to register properly. Most often there are two options:

Registration free of charge with the consent of the home owner (with relatives);
Registration based on a rental agreement (rented housing, hotel).

The period of temporary registration is determined by the owner and how long he is ready to provide his living space to the specified citizen. This may be an arbitrarily determined period, the duration of the rental agreement, but not longer than 5 years. The law does not stipulate a minimum period for temporary registration.

The owner who agrees to the temporary registration of new residents in his living space should know: from this moment on, these citizens, just like all previous residents, will be required to bear their share of the burden in paying for utilities. If this point is not specifically stipulated in the oral agreement (relatives are registered), or in the rental agreement, then the owner of the property will have to pay the increased payment receipts at his own expense.

Anyone who moves in and applies for temporary registration should also be aware of this, because at the place of permanent registration, he can present to the management company a certificate of temporary registration at a different address and paid receipts for utility services, thereby receiving a discount on payment for housing and communal services at the place of permanent registration.

Without an extract, the processing time is delayed. It takes time to send documents to your old place of residence. Depending on the post office, it may take up to two months to wait.

Also, the speed of processing depends on the date of application. If the application is submitted before the New Year's weekend, it will take longer to send the documentation.

In approximately two months you will receive a notification confirming the readiness of the documents. You will be able to come to a government office and pick up your passport, which has already been stamped.

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There is no separate law that would regulate staying at the place of stay. Therefore, all practical situations that arise in this case should be sought in other legal acts. Among them the following stand out:

Civil Code;
PP “On the right to freedom of movement”;
Administrative regulations prescribing the procedure for providing relevant services to citizens.

The preparation of documents has a number of features:

a certain period of validity;
absence of a mark in the passport.

There is no need to pay a state fee for the procedure. Even if the certificate is lost, the migration service will issue a duplicate free of charge.

To obtain it, you must provide a number of documents to the migration service:

passport;
consent of the owner of the premises or the tenant (depending on whether the apartment is privatized or not);
consent of co-owners or all registered persons;
a document indicating ownership or social rent;
in addition, the owner or authorized person writes a corresponding statement.

Having submitted the documents, the citizen receives a certificate. Living without a properly executed document at an address beyond the period established by law is an administrative offense and is punishable by a fine of 2.5 thousand rubles.

How can the owner cancel the temporary registration of a tenant?

A citizen is registered by the owner of the property after concluding a lease agreement. If the agreement is terminated, the registration is cancelled. It expires automatically when its validity period expires. The owner has the right to terminate registration before this time.

Deregistration is carried out unilaterally. The owner of the premises may not notify the tenant about the upcoming termination of registration.

In practice, cases arose when a person using the premises on a rental basis refused to participate in the procedure. If the document did not indicate the validity period of the registration, then it was not removed from the register.

In such a situation, the owner has to act through the court. He is guaranteed to win the case, since the owner has the right to cancel registration, but only if there are serious reasons.

Reasons for cancellation of registration:

one of the owners did not consent to the procedure;
illegal registration;
absence of the tenant from the apartment for a long period;
failure by the tenant to pay rent and utilities;
the citizen was declared dead or missing.

A person cannot be discharged from the property if he has provided the owner with money for the entire period of residence, which the owner of the premises refuses to return.

Procedure for deregistration:

Writing an application.
Preparation of documents.
Contacting the registration authority.

If the laws are not violated, the owner’s requirements are satisfied.

The responsible employee will cancel the registration from the moment the citizen is registered if falsification of information is detected. The employee forwards information about the detected violation of the law to law enforcement agencies. The person is brought to administrative and criminal liability in accordance with the laws of the Russian Federation.

If a citizen illegally moved in or registered in the owner’s living space, the owner can apply to the FMS to cancel the registration. The responsible employee stops the illegal registration, and the violator is forcibly expelled from the premises. An inspection is organized to determine whether a crime has been committed.

When the question arises of deregistering a foreign citizen ahead of schedule, the presence of both parties is required to carry out the procedure. Registration is canceled if a national of another country lives at a different address, violates the rules of the agreement, etc. The guest can initiate the procedure himself. In this case, the presence of both parties is also required.

Cancellation of temporary registration - cancellation of registration before its expiration date. Deregistration is carried out by a citizen independently or by force by the owners of the premises or by an employee of law enforcement agencies. To do this, an application is submitted to the FMS by personally contacting the territorial authorities, through the MFC, and the State Services portal. The departure slip is provided within 3 days.

What to do in case of refusal

Temporary registration in a municipal apartment is possible only for a period of up to 6 months. (Article 80.2 of the Housing Code of the Russian Federation). After this you will need to register again. Consent is given not by the responsible tenant, but by the landlord, provided there is sufficient living space for all residents and registrants. The norm, according to the Housing Code of the Russian Federation, is 12 sq.m., but constituent entities may have their own coefficients. No one's consent is required to register a minor who is traveling with his or her parent or other legal representative.
In a privatized apartment, a temporary new tenant can be registered only with the general consent of all persons registered in the given living space, in addition to the owner. If the living space belongs to several persons by the right of common or shared ownership, then all of them are required to be present in person at the FMS when registering a new tenant and confirm their consent. The number of square meters per tenant in this case does not play any role.
Registration in a mortgaged apartment has its own characteristics, since until the mortgage loan is repaid, the apartment is under encumbrance (pledged by the bank). Here, judicial practice shows that one should start from the terms of the mortgage agreement. If the contract directly states that the borrower does not have the right to register anyone in the apartment, then this rule must be strictly observed. If there is no such condition in the text of the agreement, then the borrower will be able to notify the bank of his intention and carry out temporary registration of the tenant.
Registration in an institution (sanatorium, hospital, hotel, etc.) occurs with the direct participation of the head of this institution or a person authorized by him. The citizen himself presents only his passport, and all other actions for temporary registration are carried out by an employee of the institution at the FMS. If you stay in an institution for less than 90 days, temporary registration is not carried out.

With these restrictions, the registration procedure as a whole looks simple: you need to go to the Federal Migration Service and submit documents in the presence of the home owner, and then receive a certificate of temporary registration, which must be included in your passport and presented upon request.

Not all government employees comply with regulations and strictly follow the letter of the law. Therefore, some citizens receive refusals. They ask you to check out first, and only then bring documents. Such refusals are contrary to the law. It is necessary to ask for a written refusal and then appeal it. Sometimes it is enough to verbally appeal to higher management. If the boss refuses, you will have to go to court.

It is not yet possible to check out online. Perhaps this is for the best, since such an opportunity would provide an opportunity for fraud.

To restore temporary registration if lost at your place of stay or residence, you must contact the registration authorities that issued the previous certificate. After accepting the application for the loss of the original, officials will issue a duplicate within a week indicating the previous number.

When staying in a sanatorium, hotel or other premises for more than 90 days, a citizen must register with the migration service. The applicant will be the head of the institution or administration. A citizen just needs to present his passport. The remaining actions are carried out without it.

Refusal to register may be motivated by the following reasons:

lack of footage per person;
encumbrance of the apartment;
discharge of minors to worse conditions (the guardianship authority will refuse this);
rent arrears;
disagreement of the owner to register the child with temporarily registered parents.

All situations can be appealed to the prosecutor's office or court. If you intend to deal with this issue, you must first obtain a written refusal from the migration service, which is sealed and also signed by the manager.

A citizen has no restrictions on the place of his temporary registration, that is, he can register throughout the entire territory of Russia. The main condition is the consent of the owner or residents of the apartment, house, room. To register, you can contact:

MFC branch at the place of registration;
passport office of the housing department (housing association, management company) - in most regions, if there is an MFC, this is not necessary;
when registering in hotels, medical institutions and places of recreation - in the administration of these institutions;
in some cases, the person registering can directly contact the migration service, for example, if registration is through the State Services portal.

The procedure for registering citizens is carried out by the migration service, which is why it is called the registration authority. And the MFC or housing department only accept documents for further transfer to the migration department.

Temporary registration is also required for persons arriving at hotels, medical institutions, rest homes, tourist centers, correctional and prison institutions. And even if their stay is less than 90 days.

In this case the procedure is as follows:

the guest fills out a special form No. 5;
Within 1 day, the employee of the institution sends the specified questionnaire to the migration department, where registration is carried out.

The most popular reasons for refusal of temporary registration are the following:

Insufficient living space when registering for municipal housing.
Insufficient package of documents.
Violation of migration registration rules by foreigners.

The refusal must be motivated and in writing.

If citizens believe that it is groundless, it is worth filing a lawsuit or a complaint to the regional Federal Migration Service.

You can find out how many people can be registered in one apartment, and how the number of registered people will affect the amount of rent, on our website.