Do citizens need to be registered? How can the owner of an apartment make a residence permit in it and what is needed for this? Is it possible to make a temporary registration without a permanent residence permit?

In search of a good job, many citizens are ready to move from one city to another, but not all of them can get a temporary registration (and some do not even have a permanent one). What threatens such a situation? Is it possible to get a job without a residence permit?

Is it possible to get a job without a temporary or permanent residence permit?

In accordance with modern legislation, the exercise by citizens of labor rights does not depend on their place of residence, as well as on whether they have temporary or permanent registration (Article 64 of the Labor Code of Russia).

Theoretically, it is forbidden to refuse employment on the grounds that a citizen does not have a residence permit, but in practice this moment often becomes an obstacle to concluding an employment contract.

Of course, at the same time, the employer explains his refusal in employment by other reasons that are not related to the peculiarities of the registration of the applicant.

Employers prefer to hire citizens who have at least a permanent residence permit. If a person lives in one subject of the Russian Federation, but tries to find a job in another, then the presence of temporary registration can simplify his attempts. Only highly qualified specialists have a high enough chance of finding a decent job, even in spite of the absence of any kind of residence permit.

Is it necessary to register in another city to get a job?

Based on Art. 64 of the Labor Code of Russia, a citizen has the right to be permanently registered in one place, and live and work in another. Of course, in such cases, you need to register temporarily, but even its absence does not affect the possibility of employment.

It also does not matter at all whether the applicant is registered for a position in the same or in another city (region) where the employer is located.

The presence or absence of such a residence permit should not affect the decision of the employer to hire the applicant.

List of documents for employment in the Russian Federation

When applying for a job, the applicant must provide the employer with the documents listed in Art. 65 of the Labor Code of Russia:

• passport or other identity document. Here you should know that the passport is the main document, and employment without a passport is carried out in very rare cases.
• work book, except when the employee gets a job for the first time or part-time.
• SNILS is a certificate of compulsory pension insurance.
• military registration documents (for persons liable for military service).
• a document confirming knowledge in a certain area (diploma of education, certificate of completion of courses, etc.). When applying for a position that does not require special knowledge, such documents are not needed.

Depending on the position for which the applicant is applying (for example, when applying for a job in law enforcement), the employer may additionally require:

• certificate of no criminal record;
• a certificate from a psychiatrist and narcologist;
• a certificate stating that the applicant has not been subjected to administrative punishment for the use of drugs or other psychoactive substances without a doctor's prescription or new potentially dangerous psychoactive substances.

The list of documents given in Art. 65 of the Labor Code of the Russian Federation is not exhaustive, since the same article stipulates that, taking into account the specifics of the work, the employer may require additional documents, but this requirement must be justified by the provisions of the Labor Code of the Russian Federation, other federal laws, presidential decrees and resolutions of the Government of the Russian Federation.

The employer does not have the right to demand other documents not provided for by the code. Such actions are considered a violation of the labor rights of citizens and can be challenged in court.

However, making a temporary registration is not difficult at all! For example, through the mail or the MFC. We talked about this in our material: how temporary registration is carried out at the post office for citizens of Russia, the CIS and other countries,. ⇐

Is it possible to be hired without a residence permit or temporary registration: advice to an accountant

Since discrimination in the field of work due to the presence or absence of a residence permit is recognized as illegal, hiring without a residence permit is not prohibited.

However, such an employee can complicate the work of the accounting department, because in most reporting documents there is a column dedicated to the address of the employee's place of residence. In such cases, you can do it in various ways:

1. Indicate in all documents (including in the employment contract) the address according to the employee. This advice is suitable in cases where the entry of address information should not be carried out on the basis of supporting documents. So, when submitting information about an employee to the pension fund, in the absence of registration, the column “Address of the actual place of residence” is filled in, and the field “Address of registration” remains empty.
2. Leave the “Registration address” column empty if it must be filled out on the basis of a supporting document (for example, Form 2-NDFL). Theoretically, this is the correct approach, since the required props are missing. However, the tax authority may not share your opinion and refuse to accept reports due to the presence of an empty requisite.

There is a dual situation: the employer cannot and should not be responsible for the registration of his employee, but due to its absence, he cannot fulfill his obligation to submit tax returns. To resolve the situation that has arisen, it is recommended to seek clarification from the Ministry of Finance, since in accordance with paragraphs. 2 p. 1 art. 21 of the Tax Code of Russia, payers of taxes and fees have the right to receive clarifications (in writing) from the Ministry of Finance of Russia on the application of laws on taxes and other fees.

Registration at the place of work

Citizens of Russia have the right to be registered in one region and work in another. Registration at the place of work is optional, and the employer is not entitled to put forward such a condition.

Yes, Art. 3 of the Labor Code of Russia prohibits discrimination in the labor sphere due to the place of residence of a citizen, and Art. 64 of the same code directly points to the illegality of refusing to hire due to the presence or absence of the applicant for the position of registration at the place of residence or temporary stay, as well as at the place of work.

Negative moments that may arise during employment without registration

The main question that arises when trying to get a desired job without a residence permit or at least temporary registration in a given city is what threatens the employer or employee? Is this action illegal?

For an employee

The main difficulty for the future employee is the job search itself. Denial of employment due to the lack of temporary or permanent registration is illegal, but usually the employer explains his refusal to other reasons. Only the high qualifications of the applicant, combined with the shortage of specialists in this field, will help convince the employer of the opposite.

In cases where the hiring has nevertheless taken place, and there is no registration at the place of stay or residence, one must be prepared to take the risk of answering for the lack of registration in rubles.

In accordance with Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation, residence of citizens at the place of stay or at the place of residence in a residential building without registration is an administrative offense and is punishable by a fine of 2,000 to 3,000 rubles. (in Moscow and St. Petersburg, this amount rises to 5,000 rubles).

In addition, the lack of registration can give rise to a lot of difficulties with various tax and pension contributions, which can ultimately lead to confusion in the databases of the tax office and the pension fund.

For the employer

Is it possible to be hired without a residence permit and does it threaten with some kind of sanctions?
Employers, for the most part, prefer not to contact applicants who do not have a permanent residence permit, although formally this does not threaten either the organization or the director.

The employer is not obliged to control the state of registration of his employees, moreover, any of the previously accepted subordinates can be removed from the register and not be registered anywhere else.

The main difficulty that an employer may face is various technical difficulties associated with paperwork, since filling out most of them requires that a citizen has registration at the place of residence or stay.

In the employment contract, it is enough to indicate the address of the actual residence of the employee and warn him of the responsibility for providing knowingly false information when hiring.

Do I need a registration when applying for a job??

By law, no, it is not required.

Employment without registration is theoretically possible, but in practice it is rather problematic.

Employers are afraid of possible problems and paperwork, and often refuse applicants who do not have registration. Such a refusal is obviously illegal, and the failed employee has the right to appeal it in court.

A foreign passport is a legal document that allows you to leave the country.

There are two types of passport:

It is important to carefully treat the procedure for issuing a passport for a trip abroad. It is necessary to calculate the time of its issuance and the time of the trip so that you do not have to refuse it. Any mistake or lack of information can lead to a delay in processing the document.

What depends on the age of the child?

Obtaining a passport for a child depends on the age of the recipient:

• up to fourteen years old - you can get a document without both permanent and temporary registration;
• from the age of fourteen - registration data is transferred from the passport of the Russian Federation or a temporary residence permit is issued, there are nuances of registration without it.

According to Russian law, a citizen of our country has the right to freely issue a foreign passport without a residence permit. But in some cases it may be refused (for example, the presence of criminal liability or credit history).

The procedure for obtaining takes no more than four months. At this time, the specialists of the Main Department of Internal Affairs of the Ministry of Internal Affairs check all the documents.

Registration types

Constant

Legal representatives or parents are responsible for registering the child at the place of residence, according to the official position of the GUVM MIA. If this right is violated, they bear administrative responsibility.

The rules for registering a citizen of the Russian Federation, as well as for minor children, are regulated by Order No. 288 of the Federal Migration Service and Article 20 of the Civil Code, which establishes the right to register children under the age of majority at the place of registration of legal representatives.

Article 20 of the Civil Code of the Russian Federation. Place of residence of a citizen

1. The place of residence is the place where a citizen permanently or predominantly resides. A citizen who informs creditors, as well as other persons of information about another place of his residence, bears the risk of the consequences caused by this.
2. The place of residence of minors under fourteen years of age, or citizens under guardianship, is the place of residence of their legal representatives - parents, adoptive parents or guardians.

Temporary

A foreign passport can be issued if you have not only a permanent residence permit, but also a temporary one. This is enshrined at the legislative level and is confirmed by Federal Law 864, which also explains the issuance of a passport without the fact of permanent registration.

Attention! Temporary registration cannot serve as a refusal to apply for a foreign passport.

If the registration is temporary, then according to the Federal Law No. , who made changes to Article 10 of the Federal Law No. 114 “On the Procedure for Departure from the Russian Federation and Entry into the Russian Federation”, the period for issuing a passport will take up to three months. This should be taken into account when planning a trip abroad in order to be on time.

Requirements depending on the region and place of residence

On the territory of the Russian Federation registration for citizens is obligatory. It does not depend on the place of residence and the actual address. Registration rules are included in Government Decree No. 713. The requirements for registration at the place of residence do not depend on the ownership of the living space by the person being registered.

It is important that minor children are registered at the place of registration of their parents or legal guardians. This is evidenced by the UK and the Civil Code (Article 20).

What to do if there is no registration?

It is possible to issue a passport for a child without a residence permit, but this procedure takes time. If a child of fourteen years old does not have a stamp on permanent residence, they may be required to issue a temporary one.

contains the following steps:

1. Preparation of a package of documents.
2. Delivery of documents to the subdivision of the Main Department of Internal Affairs of the Ministry of Internal Affairs. It is told about whether the presence of a child is necessary when applying for a passport.
3. (carefully check the payment details to belong to your region).
4. Obtaining a passport.

What documents will be needed?

The package of documents that is required for obtaining a passport without a residence permit:

• parents' passports, child's passport (from the age of fourteen);
• certificates of no criminal record from parents;
• parents' marriage certificate and child's birth certificate;
• passport photos and document forms - 4 pieces for the old model and 2 pieces for the new one (3.5x4.5 cm), color or black and white (the requirements for a photo for a passport for a child are described in);
• questionnaire.

There will be no particular difficulties if you apply for registration at the MFC.

When filling out the form for a passport, information about registration is indicated - official registration, actual place of residence or stay.

A complete list of documents that may be required to obtain a passport for a child can be found in

Obtaining a passport to travel abroad is a great opportunity for a child to start traveling and seeing the world. The procedure for issuing a document is quite lengthy, especially if there is no registration. Such documents are considered last. But, according to the law, a child has the right to receive a passport from birth, even without having had time to receive registration at the place of residence.

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To obtain a Russian passport, a foreigner or stateless person must fulfill a number of conditions in order to prove the seriousness of their intention to become a responsible citizen of the Russian Federation. One of the requirements is permanent registration at the place of residence in Russia. What is it and is it necessary to have a residence permit to obtain citizenship of the Russian Federation, we understand this material.

The path to the Russian passport

The process of obtaining Russian citizenship can take place according to the general and simplified procedures. The second option is possible, for example, for those who have relatives in Russia, are native Russian speakers, or are highly skilled workers.

An important condition is the refusal of the previous passport. Only Tajiks can not do this - according to the international treaty on dual citizenship. At the same time, the Russian side does not directly prohibit being a citizen of two states. When submitting an application to the migration service, it is enough for the applicant to prove his intention to renounce the previous citizenship (application sent to the "former" consulate).

Conditions for applicants for Russian citizenship

Registration is just one of the requirements for foreigners and stateless persons who wish to become part of the people of Russia.

In addition to obtaining a residence permit-registration, you must:

• permanently reside in the country for at least 5 years (with a residence permit);
• know the Russian language and Russian legislation;
• have legal sources of income;
• renounce previous citizenship.

And although the simplified procedure gives certain concessions to certain categories of foreign citizens and stateless persons, registration remains an unchanged requirement.

Residence permit: concept and algorithm for obtaining

Before deciding what kind of registration is needed to obtain citizenship of the Russian Federation, it is worth understanding the content of the concept.

Registration is a form of registration of citizens.

It should immediately be clarified that the word “propiska” itself is used today more out of habit, in official documents the term “registration” is used.

With freedom of movement guaranteed by law, foreigners must, within a week after entering the territory of the country, become migration registered by registering at a specific place of residence. An exception to the rule are Tajiks and Kazakhs: for them, these terms are 15 and 30 days, respectively.

Residence permit functions

The main purpose of the registration process is the registration of foreigners on the territory of the Russian Federation.

A separate certificate (temporary registration) or a stamp in the passport (permanent registration) certifies the fact that a citizen is at a certain address.

For homeowners in the Russian Federation, it is not always profitable to “permanently” register visitors, although it is this kind that gives more freedom to the guest of the state himself, including when applying for an internal Russian passport.

Registration functions:

• accounting (informing the state about the location of a foreign citizen). This is necessary mainly to prevent violations of migration laws by foreigners, as well as to conduct investigations and charge fair utility bills;
• law enforcement (monitoring a citizen's compliance with his obligations to society, such as, for example, paying taxes).

At the same time, it is considered illegal to refuse to exercise social rights (to medical care and others) due to the lack of registration.

Permanent registration: how to apply

For foreigners who are in the dark about whether a permanent residence permit is required when obtaining Russian citizenship, it is important to know how to obtain it.

Registration issues are dealt with by the migration authorities, in particular, the regional authorities of the Main Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation.

If for temporary registration it is enough to fill out an application and submit a passport and a migration card to these authorities, for registration of a permanent residence permit, you must also attach documents confirming the right to move in and live in an apartment (house).

Such grounds may be:

• deed of ownership;
• lease contract;
• statement from the owner;
• court decision (in cases specified by law).

Those who move to another place of residence within Russia need to remember the need to take a departure sheet from the previous place of registration.

Types of registration and is it possible to have two at once

The migration legislation provides for two types of registration regime:

• permanent registration (at the place of residence),
• temporary registration (at the place of stay).

Temporary registration looks like a certificate, has a limited validity period and is issued if a person stays outside the place of permanent residence for more than 3 months. Permanent registration does not have an expiration date, it is issued as a stamp in the passport.

Interestingly, it is legally allowed to have both types of registration at the same time. It is determined by life situations. For example, a foreigner can permanently reside in Voronezh, and go to work or study in Moscow. In the capital, in this case, a temporary registration is issued.

And if there is nowhere to register

It is especially important for citizens who do not have their own housing in the Russian Federation to know whether it is possible to obtain Russian citizenship without a residence permit, unfortunately, the answer is no.

It is understood that if a foreigner plans to live in Russia, then at least he has acquaintances or relatives with whom he can register.

Another condition for potential Russians - the availability of sources of income - predetermines the possibility of legally renting an apartment and registering at its address on the basis of a lease agreement.

There is another possibility - to register at a specific address for money. There are nuances here, which we will discuss in more detail.

"Paid registration": what you need to remember so as not to be deceived

Particularly popular at present is the paid registration service, which involves registration at the place of stay or residence for a fee to the owner of the home. This is done by special offices or private individuals. The main disadvantage of this registration option at a specific address is a high probability of becoming a victim of scammers who will take the money, but will not provide the service.

To protect yourself from unscrupulous businessmen, you need to check:

• certificate of ownership of housing;
• the presence of a residence permit for the entrepreneurs themselves providing this service;
• authenticity of all documents and stamps.

In addition, it is advisable to visit the migration authorities with the owner of the property when applying and receiving a certificate or passport with a registration stamp. So there will be more guarantees that the registration is genuine.

However, it is worth remembering that the very provision of such a service, as well as use, is already a violation of the law.

Sanctions for not registering

A foreigner has 7 days to register at the place of stay (residence) after entering the territory of Russia.

Temporary registration is called that because it implies an end date for validity. If a foreign citizen arrived in the Russian Federation on a visa, then his registration will be valid during the validity period of this document, if from a country with a visa-free regime, the registration period is 90 days with the right to extend.

With the issuance of a TRP, the registration is valid while the permit is valid, if a foreigner has already received a residence permit, he needs to apply for a permanent registration, its absence within 3 years will cause the residence permit to be canceled.

These are general rules regarding the duration of registration. Their violation entails sanctions prescribed by law.

For the lack of registration or fictitious registration, representatives of state bodies can impose a fine on the offender (from 3,000 to 7,000 rubles) or even deport him (for up to 5 years).

Permanent registration and citizenship

In the issue of registration of foreign citizens, the Russian state is fundamental. Citizenship of a country is impossible to obtain if there is no reliable roof over your head. Permanent registration as a prerequisite for applicants for a Russian passport can be replaced with a temporary one only for certain categories of foreigners who go through a simplified procedure. This is relevant, for example, for participants in the State program for the resettlement of compatriots. The terms for obtaining citizenship are being reduced, so there may be options with a residence permit. Information about this should be clarified with the relevant authorities.

How to get Russian Citizenship. Conditions for obtaining Russian citizenship: Video

Propiska is considered an obsolete term widely used in Soviet administrative and housing law. With the introduction of the Law of the Russian Federation on freedom of movement, the term "permanent and temporary registration" is used. It is of a notification nature and does not require the permission of officials to settle in a particular city or other locality.

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Previously and now, the purpose of registration remains unchanged. It is a necessary requirement of the law.

Every citizen must have or register. Its absence is fraught with an administrative fine.

It is necessary to find out why a residence permit is needed, taking into account the fact that its absence from a foreigner can lead to deportation from the country with a ban on entry into the Russian Federation for 5 years - if a foreign citizen has repeatedly committed administrative offenses.

Why do you need a residence permit - a citizen who has come to work in Moscow, St. Petersburg or another city may be interested. Registration is carried out primarily in the interests of the state, which keeps records of citizens, including when they move within the region or throughout the Russian Federation. For a citizen, a residence permit is needed in order to receive state and other services.

Registration is required by many state authorities. It is mandatory when applying for a job, although the Labor Code of the Russian Federation and the Law on Employment of the Population prohibit refusing employment and registration as unemployed due to lack of registration or registration not at the place of application.

Similar prohibitions exist in healthcare - it is forbidden to refuse medical care to a citizen due to the lack of registration at the place of application. A person insured under compulsory medical insurance has the right to apply to any medical institution operating in the compulsory medical insurance system and receive a service that can be provided under a free medical policy.

Registration of citizens of the Russian Federation

Information about citizens of the Russian Federation is stored in electronic file cabinets of the Ministry of Internal Affairs. It contains information about the place of residence of a person, personal information (full name, date of birth).

Information from the territorial departments of the Ministry of Internal Affairs is reduced to a single database. It also indicates the place of temporary registration of a person. Accounting is carried out for control and supervisory purposes and is needed for the security of citizens and the state.

Legislation

In 2020, registration is carried out in the manner prescribed by the “On Freedom of Movement”. The procedure for state registration was established in No.

The regulations for the provision of public services are defined in Government Decree No. 288 dated September 12, 2012. The norms of the Housing Code of the Russian Federation, the Civil Code of the Russian Federation (the right to use residential premises) are taken into account.

Why do you need a registration?

Registration for citizens is necessary for the implementation of political and social rights. Taking into account the registration of citizens, a list of voters is formed in the precinct election commission.

A residence permit allows you to identify a child, although it is forbidden to refuse to admit a child to a kindergarten or school only because of the lack of permanent registration. Registration allows you to take a referral to doctors in the district clinic and (or) medical institutions of regional significance.

Permanent (at the place of residence)

When providing social and medical services to citizens, first of all, permanent registration is taken into account. To register a person with an employment center, specialists prefer to accept citizens with a permanent residence permit.

Permanent registration means that the dwelling where the person is registered is considered to be the main place of residence for him.

When moving into a separate living space, you must register within seven days. A person who has provided a non-resident citizen with housing is obliged to notify the FMS of this within three days after the person moves in.

Underage child

Under the age of 14 must be registered at the place of residence of the parents.

Registration can take place in the home of one parent after obtaining the consent of the other - if such consent can be obtained.

A child over 14 years of age has the right to live separately from their parents, but only with their written permission. An application for registration of a child under 14 years old is submitted and signed by his legal representative. A child over 14 years of age signs the application independently.

If missing

Lack of registration is fraught with up to 5 thousand rubles. Persons who live without registration but have registration in a locality within the same region are exempted from punishment. For example, if a person lives without a residence permit in Samara, but he has a registration in Tolyatti, then he will not be fined.

Persons who live without a residence permit in Moscow, but who have registration in any locality of the Moscow Region, will not be fined.

Citizens residing in St. Petersburg, but having registration in a settlement in the Leningrad Region, will not be fined.

For legal entities that provided housing to citizens without registration, a fine can reach up to 800 thousand rubles.

Procedure for obtaining registration

To register, you must:

• to the passport office at the location of the citizen;
• the application is submitted under f. 1 (for temporary registration) and f. No. 6 - for permanent;
• There is no state registration fee.

Unjustified refusal to register is prohibited. The maximum waiting time for an appointment with a specialist should not exceed 15 minutes.

As the main documents for registration, you must have:

1. The passport.
2. Birth certificate of children.
3. Written consent of the owner or document of title to the property where the applicant wants to move.

Place of residence is housing in which a person lives as an owner, under a lease (sublease) agreement, under a specialized residential premises lease agreement or on any other basis permanently (mainly). The place of stay is, accordingly, the housing that a person occupies on the same grounds, but temporarily.

The change of residence must be reported to the Main Department of Internal Affairs of the Ministry of Internal Affairs within seven days. Registration at the place of residence is only necessary if you plan to live in a new place for more than 90 days.

Registration, both at the place of residence and at the place of stay, is carried out within a period of three to eight days, depending on the method of submission of documents.

2. Do I need the consent of other tenants to register at the place of residence?

If the property is privately owned and you are the owner (or owner of a share in it), you do not need to get anyone's consent. If you do not even own a share in the premises, you can register in it at the place of residence only with the consent of all owners. The consent of the owners is expressed in writing at a personal appointment with the registration authorities. If the owner does not have the opportunity to be present in person, he can issue a notarized consent.

If you are a tenant of housing that is state or municipal property, under a rental agreement, social tenancy or gratuitous use, you also do not need to obtain the consent of other tenants. If you are not specified in the contract of employment, social employment or gratuitous use, you can register in a residential building at the place of residence only in the following cases:

• if you are a child (under 14 years old) of the tenant of the premises;
• if you are another member of the employer's family and all parties to the contract of employment, social employment or gratuitous use do not object to your registration and The department has the right to prohibit your move-in to a dwelling if after that the total area per person is less than the allowance (for apartments it is 10 square meters, for communal apartments - 18 square meters).(represented by the Department of City Property of Moscow).

The consent of the family members of the tenant of the housing provided to you (who have reached the age of 14) is expressed in writing at a personal appointment. If it is not possible to attend in person, consent can be notarized.

3. What documents are needed?

To register at your place of residence, you will need:

• passport of a citizen of the Russian Federation;
• international passport - for persons permanently residing outside the Russian Federation.

To register a minor child under 14 at the place of residence, simultaneously with the application for registration at the place of residence, the legal representative will need:

• birth certificate of a child under the age of 14;
• identity document of the legal representative;
• act of the body of guardianship and guardianship on the appointment of a guardian or custodian (when establishing guardianship or guardianship) - if necessary.

If there are several owners, each of them must submit a package of documents.

• identity document;
• a document confirming the right to own this housing.

4. Where to apply?

You can apply for registration at the place of residence:

5. How to register for a child?

The place of residence or stay of minors under 14 years of age, or citizens under guardianship, is the place of residence or stay of their legal representatives - parents, adoptive parents or guardians.

For registration of children under the age of 14 and incapacitated citizens at the place of residence of legal representatives - parents (one of the parents), adoptive parents or guardians, the consent of the homeowners is not required. Accordingly, their presence during the submission of documents is not required. Registration is carried out at the request of a legal representative. Registration of children over 14 years of age is carried out on a general basis.

A mark on registration for children under 14 years of age is not put in an identity document. Instead, a certificate of registration at the place of residence or stay is issued.

6. How to register a student and a military man?

Soldiers register:

• at the place of residence - on a general basis (with the exception of soldiers, sailors, sergeants and foremen who are conscripted for military service);
• at the place of stay - if you have a vacation ticket or travel certificate (if the period of vacation or business trip exceeds 90 days).

Military personnel who have entered military service under a contract, as well as officers undergoing military service by conscription, and members of their families, before receiving housing, are registered by the registration authorities at the place of deployment of military units.