After receiving a temporary residence permit, is a foreign citizen registered at his place of residence? Legal.Standard

Any foreigner who temporarily resides in Russia is required to register at the place of residence he occupies. Registration and re-registration at the place of residence under a temporary residence permit is carried out by the local migration service at the request of the foreigner himself. What does the registration procedure include? How often does it need to be carried out and in what case may it be necessary to re-register a foreigner at the place of residence? Our publication talks about this and much more in order.

General information about RVP

In accordance with Art. 2 of Federal Law No. 115 of July 25, 2002 “On the legal status of foreign citizens in the Russian Federation”, a temporary residence permit is proof that a person who is not a citizen of the Russian Federation has the right to temporarily reside on its territory until receiving a residence permit.

The temporary residence permit status is issued in the form of a stamp in the foreigner’s passport (for a stateless person - a separate document) and cannot be issued in any other way. Its validity period is 3 years, but if a foreigner intends to continue living in Russia after the end of this period, he must obtain a residence permit.

As stated in Art. 6 Federal Law No. 115, temporary residence permits are issued to foreigners within the regional quota - each subject of the Federation has its own figures, and in Russia as a whole, 90.3 thousand quotas for temporary temporary residence permits are allocated.

The following can bypass the quota:

former citizens of the USSR;
disabled parents of citizens of the Russian Federation and children of disabled Russians;
spouses of Russian citizens;
investors in the Russian economy;
participants in the compatriots resettlement program and some others.

Find out more information on the topic from the material “What is RVP”.

Documents for registration

Due to the fact that the procedure is somewhat different from the standard migration registration, the documents for registration after receiving a temporary residence permit in 2021 will also be different:

foreigner's passport. A stamp indicating the presence of temporary registration is affixed to it. If for some reason this is undesirable (for example, such stamps are looked at very askance in Ukraine), the stamp, at the separate request of the immigrant, is affixed on a separate sheet;
passport of the home owner, provided that he and the foreigner are different persons;
documents for the right to use the premises;
an extract from the Unified State Register for the apartment or house in which it is planned to register the person;
temporary residence permit (or residence permit, if a person is registered with a residence permit).

In addition, you will need to fill out an application form for registration under a temporary residence permit, which a specialist will offer during registration.

Application rules

In order for registration for a temporary residence permit to take place without any special problems or incidents, the following nuances must be taken into account:

the application is filled out not by a foreigner, but by the owner of the property (if these are different persons);
No blots, marks or errors are allowed;
You must provide only reliable information.

Such a statement is a standard document. There are no difficulties or peculiarities when filling it out, especially since there is no point in compiling it in advance.

Due to the fact that only the owner of the property has the right to register someone there, the migration registration authorities require that such an application be filled out in person, in the presence of a responsible specialist. For example, an MFC employee (My Documents). As a result, applications of this kind are not accepted ready-made, but are given a form to fill out only after the identity of the home owner has been identified.

Registration of temporary residence permit

Clause 4 of Art. tells about where to make a temporary residence permit, that is, which department to contact to obtain it. 6 Federal Law No. 115:

in case of temporary stay in the country - in the district division of the Main Directorate for Migration and Migration at the temporary location address;
if you are in the country of permanent residence - at the diplomatic mission of Russia.

The procedure for obtaining a temporary residence permit is determined by the Administrative Regulations (approved by Order of the Ministry of Internal Affairs dated November 27, 2017 No. 891), here you can also find the approved application form, which can be submitted to the Main Administration for Migration Department in person or in electronic form through the State Services website.

Along with the application you must prepare:

photographs – 2 pcs.;
passport;
a certificate of good conduct from the country of permanent residence;
a certificate confirming the absence of infections and drug addiction;
document on knowledge of language, history and basic legislation.

After submitting an application and a package of documents, a foreigner must undergo a fingerprint examination. Next, the migration authorities carry out all the necessary requests and collect information about the applicant. The entire application review process should take no more than six months.

Rights and obligations of a foreigner with a temporary residence permit

Possession of a temporary residence permit implies a whole range of rights and obligations that provide a foreigner with full-fledged life activities and legal connections with the state in whose territory he resides.

Let's list the rights first:

registration for 3 years gives a foreigner the right to live all this time on the territory of Russia and move freely within it;
A temporary residence permit allows a foreigner to freely leave and enter the Russian Federation;
the holder of a temporary residence permit can freely find a job without first obtaining a work permit;
the holder of the permit has the right to freely conduct business on an equal basis with Russians, apply for medical care, receive education and enjoy other social benefits that are guaranteed to Russians.

Along with all this, foreigners have a number of responsibilities, failure to fulfill which entails serious sanctions.

These responsibilities include:

compliance with the Constitution of the Russian Federation and Russian legislation;
annual notification to the Main Directorate for Migration Affairs at the place of registration of the residence permit about confirmation of one’s temporary residence permit;
residence and employment exclusively in the territory of the region in which the permit was obtained;
coordination with migration authorities on the issue of changing place of residence;
the ability to live abroad for no more than six months;
mandatory registration at the place of temporary residence in the Russian Federation.

We suggest paying special attention to this last obligation.

Grounds for termination of registration under temporary residence permit

Based on the content of Article 19 of Law No. 109-FZ of July 18, 2006, the cancellation of a migrant’s registration is carried out in the following cases:

registration at another residential address;
loss of the right to use housing by a foreigner;
expiration of the validity period of the temporary residence permit;
judicial recognition of registration at the place of residence as invalid;
death of a foreigner;
establishing the fact of fictitious registration.

It is possible to terminate permanent registration at the request of the migrant himself.

Important! Carrying out a fictitious procedure threatens not only the cancellation of registration, but also a fine in the amount of 100 to 500 thousand rubles. In this case, punishment awaits not only the foreigner, but also the person who helps obtain illegal registration.

How to register at your place of residence after obtaining a temporary residence permit

Registration at the place of residence for foreign citizens with a temporary residence permit, in accordance with Art. 14 of the Federal Law “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation” dated July 18, 2006 No. 109-FZ, is the primary responsibility of any immigrant who has arrived in Russia for temporary residence.

Registration is carried out at the migration service office located in the area of permanent (or primary) residence of the foreigner. The basis for such a procedure is the existence of the right to use the specified housing.

Such a right must be documented; we will explain how exactly below. If a foreigner has several such residential premises in use, he is obliged to register for one of them, notifying the migration service employees about the availability of other housing. The address itself will be indicated in the RVP upon completion of the registration procedure.

It is also important to know when receiving a temporary residence permit what time period you need to register. Article 16 of Federal Law No. 109 establishes a 7-day period:

from the moment the residence permit is issued - at the same migration authority where the temporary residence permit was issued;
from the moment the foreigner arrives at his place of residence - at the migration office at the address of arrival.

The procedure for such registration is determined by the Administrative Regulations (approved by Order of the Ministry of Internal Affairs dated November 23, 2017 No. 881), according to which, the registration of a foreign citizen with a temporary residence permit at his residence address is carried out upon his application. The form of this application is approved by Appendix No. 2 to the Administrative Regulations. After submitting such an application, the registration authority is obliged either on the same day or no later than the next to put a mark on the RVP stamp indicating the completion of registration. Please note that from this moment the citizen is assigned to the address indicated in the stamp. If he plans to change his residential address or plans to temporarily stay at a different address, he must also register.

For those who don’t really understand, we’ll tell you: it doesn’t matter what happens – registration or registration, since these concepts are identical. In this context, it is much more important to know what specific registration is needed. And, as you know, it can be temporary (at the place of stay) and permanent (at the place of residence).

What kind of registration is required?

The type of registration received is influenced by the place, period and reasons why a foreigner with a temporary residence permit plans to stay in residential premises in Russia.

Thus, what kind of registration is needed for a temporary residence permit is influenced by the above factors; let’s consider them in more detail.

Thus, permanent registration will be required if the foreigner has a place of permanent residence. This does not have to be an apartment or house owned by him; he may well live there on a lease, lease, sublease basis or on other grounds, for example, as a member of the owner’s family.

If such a foreigner does not temporarily reside at his own address (in another locality), then his direct responsibility is to register his place of residence (temporary registration). We are talking about arriving in a place where he intends to stay temporarily, regardless of whether he has already managed to obtain permanent registration for himself or is just looking for residential premises for permanent residence (for example, if he issued a temporary residence permit before arriving in Russia). Temporary registration must be issued within 7 days after arrival at the place of stay. Depending on the situation in the cases provided for in Art. 20 Federal Law No. 109, this must be done either by the foreign citizen with a temporary residence permit or by his host party.

Is registration required for a temporary residence permit? A considerable number of foreigners are concerned about this issue. It is really needed, the fact is that Federal Law No. 109 provides for mandatory migration registration for all foreigners, regardless of whether they have a residence permit. This must be done within a week from the moment of arrival at your location. If a foreign citizen intends to live and work in Russia, then he cannot do without registration.

Registration is carried out at the address of residence. The fact is that before receiving a temporary residence permit, a foreigner can only temporarily stay on the territory of Russia. Therefore, until he receives a residence permit, registration at his place of residence is closed to him. However, this is only a formality: a foreigner is free to independently choose his place of stay before receiving a temporary residence permit.

Especially for them, there is a temporary registration in Moscow for temporary residence permits, where for a reasonable fee the owners of the capital's housing are ready to register foreigners at their place of residence. Please note that if we are talking about fictitious “registration”, without the intention of living at the specified address, the foreigner risks being convicted under Art. 322.2 CC.

Package of documents

When applying to the migration service at the place of residence for registration, in addition to the application in the established form, the foreigner must submit a package of documents. What documents are needed for registration after receiving a temporary residence permit are provided for by the provisions of Art. 17 Federal Law No. 109.

The set of required papers must include:

foreign passport or other identification document;
document with a RVP stamp;
documentary evidence of the rights to use housing, including: contract of sale/donation of an apartment or house;
inheritance documents;
an extract from the Unified State Register confirming ownership;
apartment rental/social tenancy agreement;
agreement for free use of the apartment;
marriage/birth certificate and other documents confirming family relations with the owner of the property (if living in the premises is due to family relations).

Any other documents and the presence of the owner of the apartment/house are not required, since the foreigner submits the documents independently.

Types of registration under temporary residence permit

According to Russian legislation, there are two types of registration of a foreigner on the territory of the Russian Federation after receiving a temporary residence permit:

temporary (registration at the place of actual location);
permanent (registration at the place of residence).

Registration of the first option occurs in the case when a foreigner does not have the right to use residential premises, for example, while staying in a hotel.

The validity period of temporary registration, as a rule, depends on the agreements with the receiving party, but most often ranges from 3 to 12 months. After the specified time has passed, it is necessary to register at the place of residence.

Registration at the place of residence, issued after receiving a temporary residence permit, is considered permanent. However, this type of registration provides a legal basis for staying in the country for a period of no more than 3 years.

Foreign citizens who wish to stay in the Russian Federation for a longer period of time are required to obtain a residence permit or apply for a second temporary residence permit. In this case, you can register both in rented premises and in an apartment owned by a migrant.

What kind of registration is needed for a temporary residence permit: temporary or permanent?

After receiving a temporary residence permit, a foreigner, depending on the purpose of arrival in Russia, can apply for both temporary and permanent registration. For example, for labor migrants the validity period of temporary registration is 1 year, and for citizens of countries with which an agreement on entry without a visa has been concluded, the permissible period of stay in Russia is reduced to 3 months.

The main difference between temporary registration and permanent registration is that the latter is marked with a stamp in the passport and provides its owner with a wide range of opportunities, starting with the right to build their own business and ending with receiving a full range of medical services.

The first is intended only for a short-term stay of a foreigner in the country.

Registration for a year for foreign citizens at the place of residence under a temporary residence permit

The procedure for registering immigrants under a temporary residence permit for a year or longer is mandatory for all foreigners who arrived in the Russian Federation for a long period of time. Registration is issued at the place of residence, which can be:

rental apartment. The main condition for obtaining registration is the consent of the owner of the rental property;
real estate owned by a migrant;
municipal housing. In this case, you will have to obtain permission for registration from local authorities.

Important! It is important to complete permanent registration in the region in which the temporary residence permit was received.

Annual confirmation of temporary residence permit

In accordance with paragraph 9 of Art. 6 Federal Law No. 115, a foreigner residing in Russia on the basis of a temporary residence permit is required to annually confirm the fact of his residence by sending a corresponding notification to the migration authority where the residence permit was issued.

There are several ways to submit such a notification:

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personal application to the migration authority (an appointment is made through the website of the Main Directorate for Migration of the Ministry of Internal Affairs (FMS) of Russia);
mailing;
in electronic form through the State Services portal.

This must be done within 2 months after the end of every 12 months of residence in Russia after registration of a temporary residence permit; If there are valid reasons, this period may be extended, but not more than 6 months.

The document was approved by Decree of the Government of the Russian Federation dated January 17, 2007 No. 21.

Along with the notification, the foreigner must send:

a certificate of income, a copy of a tax return or another document with which he can confirm the amount and sources of his earnings over the past year;
a document confirming the validity of the reasons for the delay in sending the notification, if such a situation occurred.

Change of place of residence within the region

As mentioned earlier, the owner of a temporary residence permit has the right to live and work only within the region where such a permit was issued. However, according to paragraph 2 of Art. 11 Federal Law No. 115, even within this region, he does not have the right to arbitrarily change and choose a new place of residence, outside the address at which he is registered. To do this, he must first notify the migration authorities about the change of place of residence and obtain approval for this.

But in this case there is one problem. The previously in force Administrative Regulations (approved by order of the FMS dated February 29, 2008 No. 40) provided for a corresponding procedure, which was called “Obtaining permission to change place of residence.” But due to changes in legislation and, in particular, the reorganization of the Federal Migration Service, it was canceled. The current Regulations do not provide for such a procedure, however, the rule prohibiting unauthorized change of place of residence continues to apply.

All this means that the procedure for changing the place of residence provides only a notification nature - there is no mandatory requirement to obtain permission for this from the Main Directorate for Migration. Thus, to change your place of residence, it is enough to submit an application to the GUVM in free form either at your current place of residence or at a new address.

Reasons for changing residence

It goes without saying that the reasons for such a change must be justified and they must be indicated in the application sent to the territorial office of the Main Directorate for Migration. Migration authorities will consider the significance of such a reason, and if it turns out to be compelling, they will give their consent.

Despite the prohibitive nature of the norm, which does not allow unauthorized change of place of residence to a new one, as a rule, GUVM employees approve of the migration of foreigners within the region. The main thing is that there is a sufficient reason.

Extenuating circumstances may include:

permanent registration of close relatives or family members in a new place, especially if they need care, have their own home, are dependents or, conversely, bear the burden of a breadwinner;
availability of ownership of residential premises within the region, receipt of social housing;
opening an individual entrepreneur at a new location, establishing a commercial company;
family circumstances, for example, marriage or inheritance;
employment in another locality, and so on.

Documents, state duty

An application for a change of residence, as already mentioned, is submitted either at the place of permitted residence or at a new place of residence. The forms of such an application are not approved by law, and therefore it must be drawn up in free form.

The application must indicate:

name of the migration authority, name and position of the head of the GUVM unit;
personal details of the applicant, address of the authorized place of registration;
a document proving the identity of the foreigner, the grounds for his temporary residence (by whom and when the temporary residence permit was provided, its validity period);
a request to allow a change of residence within the region;
address of new place of residence;
reasons for changing place of residence;
information about the residential premises in which the foreigner intends to live (information about the owner, the grounds on which the foreigner will use the premises);
list of attached documents;
date, signature.

So that readers understand what such a statement should look like, below we post an example of such a statement.

The foreign citizen must attach to the application:

a copy of the passport with a note about the temporary residence permit;
a document confirming the right to use housing at the new place of residence;
a document confirming the existence of a compelling reason requiring a change of residence (certificate of health of a relative, marriage certificate, etc.).

After receiving a positive response from the territorial office of the Department of Migration, the foreigner must deregister at the old address and register at the new place of residence within 7 days after moving. To do this, he must submit an application, the form of which is approved by the Administrative Regulations of the Ministry of Internal Affairs. Below you can see a sample of it.

When filing an application to change your place of residence, no fees or charges are established by law. As for the re-registration itself at a new place of residence, the so-called price, or the amount of the state fee, will be 350 rubles in 2021.

What documents are needed for registration under a temporary residence permit?

When a publication about the readiness of a temporary residence permit appears on the official website of the Ministry of Internal Affairs of the Russian Federation, the migrant must put a corresponding mark in his passport. For this purpose the following documents are submitted:

identification document;
migration card;
notification of registration with the migration service.

So, it is stated in the passport. What should be the next steps? Register at your place of residence within one calendar week.

Registration (propiska) for migrants is the process of recording by the bodies of the Main Directorate for Migration of the Ministry of Internal Affairs the place of residence of a foreigner in the Russian Federation. A corresponding note about this is placed in the passport, and for stateless persons - in the temporary residence permit.

To make the registration process faster, make sure you have all the necessary documents in advance:

passports;
passport translation;
receipts for payment of state duty;
photos;
certificates of issuance of temporary residence permit;
applications for registration at the place of residence;
a document confirming ownership of the residential premises;
application from the owner of the premises for registration of a foreign citizen there, with the obligatory indication of the period of registration.

If the owners of the residential premises are several people, then it is important for all of them to come to the territorial department of the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation and confirm their consent to registration.

Having missed the established deadline for migration registration or submitting an application for registration under a temporary residence permit without good reason, in accordance with Russian legislation in the field of migration, a foreigner may be brought to administrative responsibility. It is expressed in the payment of a fine.

Important! If a foreign citizen has accumulated several administrative fines, then, according to the current laws of the Russian Federation, his permits are canceled and he is prohibited from entering our country for three years.

Change of place of residence outside the subject where the temporary residence permit was obtained

A similar and even stricter ban on changing the place of residence for foreigners with a temporary residence permit also applies to moving outside the region where the residence permit was issued. However, this does not mean that it is impossible to move outside the region: the change of residence must be agreed upon. This means that the foreigner must have serious reasons for moving, of which he must notify the migration authorities. They, in turn, must coordinate this issue with the department of the Internal Affairs Directorate at the intended place of residence of the foreigner in another region of the Russian Federation.

As in the case described above, the law does not provide for clear normative regulations: the previously existing procedure has lost force, and a new one has not been adopted. Therefore, you will have to act according to the same scheme as described above, that is, in random order.

The procedure for “transferring temporary residence permits” to another region

In order not to mislead readers, we immediately note: in fact, the described procedure is not a “translation of temporary residence permit”, since such a “translation” is not provided for by law. This is a change of place of residence and has nothing to do with obtaining a residence permit. We'll explain why below.

Coordination of the move of a foreigner with a temporary residence permit to another region will take place in the following order:

The applicant sends an application (in free form) to the Department of Internal Affairs at the place of residence (or to a new place) indicating the reasons for the move.
The application is forwarded to the Department of Internal Affairs at the requested new address.
UVM employees review this application, check the reliability of the grounds described, the plausibility of the motives, the grounds for using the residential premises and, in general, the facts described in the application.
Based on the results of the inspection, UVM employees draw up and send to the applicant a reasoned opinion authorizing or denying the move, which is formalized in the form of a decision.
Deregistration at the old address and registration at the new place of residence.

Quota principle for the distribution of temporary residence permits by region

Article 6 of Federal Law No. 115 in general cases allows the issuance of temporary residence permits to foreigners only within the regional quota. In the country as a whole, according to Decree of the Government of the Russian Federation dated November 22, 2017 No. 2581-r, 90,300 permits are provided for 2021, which, in turn, are distributed by region: for example, in the Krasnodar Territory up to 3,500 are provided, while in Dagestan 1500, and in the Kirov region there are only 100.

Such indicators are not arbitrary: they are formed on the basis of requests from each region sent to the Government of the Russian Federation, based on the migration situation in the subject of the Federation, the employment situation and the economic situation.

It is worth noting that these same quotas will not be taken into account when deciding on the possibility of a foreigner moving outside the region of obtaining a temporary residence permit (although in many sources you can find statements to the contrary). They apply only to newly arrived foreigners - the change of place of residence in question does not apply to the residence permit itself at all. Permission to move is issued only on the basis of the grounds for such a move and the absence of reasons for refusal.

Are foreigners with a temporary residence permit allowed to leave Russia?

The ability to freely exit/enter Russia is one of the advantages of foreigners who have a temporary residence permit. However, starting from 2021, this opportunity requires compliance with certain formalities. So, in 2021 in Art. 24 of the Federal Law “On the procedure for leaving the Russian Federation and entering the Russian Federation” dated August 15, 1996 No. 114-FZ, regulating the procedure for entry/exit, a number of changes were made, one of which was the introduction of a “temporary resident visa”.

Now any foreigner with a Russian temporary residence permit, if he wishes to leave the territory of Russia or return to it, is required to present a valid identification document at the border, as well as the specified visa.

This does not apply only to citizens of those countries with which Russia has international treaties establishing the procedure for visa-free entry.

Fortunately, the need to present a visa complicates the entry/exit of a foreigner only formally - there is no need to additionally submit documents for a visa and wait for it to be issued. According to Art. 25.8 of Federal Law No. 114, such a visa is issued to a foreign citizen simultaneously with the temporary residence permit and will be valid for the entire period of validity of the permit.

How to renew your temporary residence permit

As we remember, the residence permit will be valid only for 3 years after registration. What to do when this period expires, is it possible to extend the temporary residence permit? The law does not provide for a mechanism for extending a residence permit, therefore foreigners who wish to continue living in Russia must obtain a residence permit.

You can receive it as long as the foreigner has a temporary residence permit. However, according to Art. 8 Federal Law No. 115, this can be done no earlier than a year after the start of its validity and no later than 2 months before its expiration. A residence permit is issued for a period of 5 years, and it can be renewed several times. This is far from the only advantage of a residence permit over a temporary residence permit.

Documents for renewing registration for a temporary residence permit

A temporary residence permit is issued one-time without renewal. After six months, you have the opportunity to submit a package of documentation for a residence permit, then - acquisition of citizenship.

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If a citizen wants to apply for a temporary residence permit again, he will have to leave the country and then re-enter. The documents are submitted again.

Upon expiration of the period, registration at the place of residence is terminated along with the validity of the permit. Then, when a new permit is issued, the process is repeated.

Grounds for cancellation of temporary residence permit

As we have already said, the presence of a temporary residence permit gives a foreigner not only rights, but also imposes on him a number of obligations, failure to comply with which may result in the cancellation of the temporary residence permit; a specific list of grounds for this is determined by Art. 7 Federal Law No. 115.

According to the law, a permit is revoked if its holder:

threatens the security of the country, including calls for undermining the constitutional foundations;
participates in terrorist activities in one way or another;
is subject to expulsion or deportation from the Russian Federation;
received permission on the basis of false documents or information;
convicted of a serious or especially serious crime or a crime related to drug trafficking, or has an outstanding conviction for it;
for 6 months within 1 year did not work, did not receive any other income or does not have the means to meet minimum needs;
left Russia for permanent residence in another state;
left Russia and did not return for six months;
does not have the right to use housing after a 3-year period from the date of entry into the country and in other cases.