Is it possible to do temporary registration without the presence of the person being registered?

In accordance with established rules, every citizen must have a residence permit. However, it is not always possible to personally come to the FMS office to formalize it.

In this regard, there is an option to transfer part of the responsibilities to another person by proxy, which will greatly facilitate the registration process.

Is it possible to register in an apartment without the personal presence of the owner? How to properly issue a power of attorney, do I need to indicate the registration address? To understand this procedure, it is necessary to study certain nuances that accompany it.

What is

In a situation where the owner of the living space is not at his place of registration or there are other difficulties in visiting the registration authority, but there is a need to register a person, you can instruct him to register in person.

To do this, it is necessary to draw up and notarize a document that will confirm the citizen’s right to apply to the appropriate authorities on behalf of the property owner - a power of attorney.

Depending on the scope of delegated powers, the following forms of power of attorney are distinguished:

• one-time – issued to solve an existing, specifically specified task;
• special – used to perform several actions that are similar or identical in content;
• general – does not limit the list of powers and actions that an attorney can perform.

According to the deadlines, the document is:

• urgent – ​​issued for a certain period of time;
• permanent (irrevocable) – such a power of attorney can be revoked only in special situations.

Usually they are specified in advance and indicated in the text of the form.

The legislative framework

This issue is outlined in the following acts:

1. Law of the Russian Federation No. 5242-1, indicating freedom of movement, choice of place of actual stay and place of residence of citizens;
2. Order of the Federal Migration Service of the Russian Federation No. 288, regulating the administrative actions of the Service for the provision of public services.

There is no clear indication in these legislative acts that all parties who must attest to their existence before a migration service officer are required to be present during registration.
Moreover, the possibility of registration by power of attorney is stipulated in paragraph 128 of the Administrative Regulations (relevant for citizens located outside the Russian Federation).

One of the ways to register on the State Services portal is to contact through a representative, which also confirms this possibility.

Document form for registration in an apartment

Registration is carried out by a notary on a special form. In him:

1. The basic conditions of the process, the rights and obligations of the parties during it are indicated.
2. The signatures of the notary and the initiator of the registration are affixed.

Sample power of attorney from the owner for registration (registration at the place of residence) in the apartment:

The power of attorney must contain the following information:

1. Full passport details of the principal, including his place of birth and official place of residence.
2. Registration address.
3. A list of duties and rights of the attorney with which he is vested for a certain period of time (provided in the main part of the form).
4. Purpose of delegation of authority.
5. Date of preparation and signature of the parties.
6. Information about payment of state duty.

Here you can obtain a power of attorney for registration in the apartment.

How to register a person by proxy from the owner

• a document confirming the owner’s right to housing, or permission from the Property Management Department for registration;
• passports of all adults registered in this housing;
• the passport of the person being registered with a note about the extract from the previous place of residence and a certificate of departure from the previous place;
• To register a person liable for military service, you must provide a registration sheet and a military ID.

The question “ is it possible to register a person by power of attorney ” is far from simple, requiring detailed explanations and knowledge of one’s rights and obligations. Registration at the place of residence is mandatory for all citizens. When changing residence, within seven days after arriving at a new place, you must submit documents for registration to the Migration Service. If registration is not completed within three months, an administrative measure may be applied to you in the form of a fine in the amount of up to 5 thousand rubles.

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Registration process

Before contacting a notary, the principal can and should draw up a draft power of attorney, indicating in it all the important points for himself.

You should also collect a package of documents. Thus, the registration procedure requires its initiator to have the following documents:

After this, you can visit a specialist.

The executed power of attorney will be assigned a unique number, and the notary certifying the papers will be included in a special register.

The validity period of the power of attorney is specified by the principal. If this was not done, the document is valid for a year.

The cost of such a service from a notary will be about 2000-4000 rubles (including the state duty of 200 rubles).

Guardianship and trusteeship of an adult

There are situations when an adult needs the constant help of a guardian or trustee. In this case, it is necessary to have a court decision declaring the person incompetent or in need of a guardian.

Guardianship is issued over incapacitated citizens. And guardianship is appointed for those people who, due to their physical health, cannot represent their interests in various government and other authorities.

In this case, the trustee receives the right to represent the interests of his ward only within the limits established by the trusteeship agreement signed between them.

Documentation

In case of registration of guardianship, the guardian has the right to register this person with him. To do this, he will only need the consent of the owners of the housing where he is registered.

In addition, for registration, the passport office employees will require the following documents:

• passport of the ward;
• guardian's passport;
• a court decision appointing guardianship of this person;
• consent of the owner or owners of the property to register the ward;
• an extract from the house register about the number of registered residents, including all owners (for a private house, you will need the original house register, which is kept by the owner of the house);
• Guardian's application for registration.

It is important to know that in some cases a guardian can register in the apartment of the ward, but this action can only be carried out with the consent of the guardianship authorities.

In this case, you will need to write them a corresponding statement and provide evidence of the need for this procedure. Based on all the circumstances, the guardianship authorities may approve the request submitted to them.

In case of guardianship, the person in need of patronage must submit an application to the guardianship authorities that he asks to appoint a specific person as his guardian.

At the same time, this potential caregiver must submit an application that he wishes to become a foster carer for this person.

The guardianship authorities check these facts and the citizen’s ability to represent the interests of the applicant . If approved, a corresponding document is issued.

After this, an agreement is drawn up between the citizen and his trustee, on the basis of which all the powers of such an assistant are prescribed. Within the limits of these powers, he has the right to represent the interests of the citizen.

This agreement can only be concluded between fully capable citizens . If the guardianship authorities doubt the applicant’s legal capacity, they can go to court to consider this issue.

Thus, it is possible to register a person without his presence only in certain circumstances and in compliance with all established requirements.

Video: How to register a person in an apartment

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Nuances in design

If the attorney cannot be present at the process of drawing up the power of attorney, it is permissible to draw up an act of transfer of powers to register for such a citizen, as in the situation with the owner.

If the property owner cannot be present in person during the delegation process, then such a procedure is impossible.

Provided that there are other owners of the living space, it is necessary to obtain their written consent.

How to register in a privatized apartment?

This type of registration is the easiest. When the owner of a privatized apartment is one citizen, then to register a tenant in it, both of them should contact the passport office or multifunctional center at the place of residence.

If for some reason the person registering cannot be present, it is necessary to visit a notary who will certify the person’s application for registration in the owner’s apartment. Another option is to issue a notarized power of attorney to perform actions.

If the apartment is in joint ownership, the presence and consent of all family members will be required . If you do not have the opportunity to gather all the owners of the apartment in one place, a notary will also come to the rescue, who will certify their written consent in your registration.

How to register in an apartment without the presence of the owner

The process, in this case, is almost no different from the usual one. The difference lies in the addition of the package of documents. To register a subject by power of attorney, you need to:

Is it possible to register without the presence of the person being registered? When the person who must be registered cannot be present, the registration is carried out by the owner of the apartment on the basis of part of the rights received from the person being registered.

In this case you need to have:

1. Passport of both the owner and the registered person.
2. Statement.
3. Papers confirming the ownership of real estate.
4. Written consent of all residents of the apartment.

In this case, the apartment owner must:

Temporary registration

Is it possible to make a temporary registration by proxy from the owner to the registered person? The legislation does not clearly differentiate the process of registering a permanent or temporary registration of a subject under a power of attorney from the owner. For temporary registration you also need to submit an application, provide an identification document and papers confirming the right to real estate.

This procedure can be carried out by mail or on the State Services website. In this case, the owner himself does not have to give his consent, since, in the future, he will receive a notification from the FMS.

Special cases

Is a power of attorney valid when changing registration? When changing your registration, there is no reason to change the power of attorney, since it already indicates your previous place of residence. If a civil servant has questions or complaints, it is worth pointing him to the registration section of the passport, where the previous registration is indicated.

Registration of a foreigner occurs in the same way as a citizen of Russia, however, to the already specified list of papers, you need to add a notification of arrival from the receiving party and a copy of the migration card.

In the absence of registration, the notary may refuse to issue a power of attorney, since there is a violation of the law, which states that every citizen must have an official place of residence.

Registration of a car using temporary registration

For prolongation (renewal) of the contract, the presence of temporary registration or its change does not matter. It is necessary to find a representative office of the insurer in the new region and issue an extension of the contract (a list of all representative offices was issued when the policy was issued). To do this, you must provide the previous contract to the representative office. The insurance company does not request documents again, but checks the data using its electronic resources. If the reliability of the information is questionable, then in this case documents may be requested about the identity of the owner of the car and about the vehicle itself.

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Modern society is becoming more and more mobile and, for example, a long business trip or a more pleasant time - a vacation - is not as scary today as it was before. The market has also become freer, and if the price of a car in your region is high, then in a neighboring region you can often buy a new car more profitably. When planning to travel with a car, you should think about the legal registration of transport. Do I need to register him with the traffic police at his place of residence? What if the insurance expires during the “travel”? Is it possible to issue compulsory motor liability insurance with temporary registration?

Timing and cost

The registration procedure by proxy takes, on average, three days.

The price for issuing a power of attorney will depend on its type and other nuances:

The result of permanent registration in a person’s apartment by power of attorney will be a certificate of his official place of residence, as well as a mark in the citizen’s passport, temporary – only a certificate, without a stamp.

When changing place of residence, permanent or temporary registration is required. The procedure for deregistration and registration requires time and personal presence, which is not always possible for one reason or another.

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Is it possible to register a person without his presence?

There are situations when an adult needs the constant help of a guardian or trustee. In this case, it is necessary to have a court decision declaring the person incompetent or in need of a guardian.

Guardianship and trusteeship of an adult

It is the Federal Migration Service that carries out registration of citizens and other persons at their place of residence. A Russian citizen can stay without a residence permit for no more than 7 days, then he must obtain at least temporary registration at the place of his actual residence.

You can register in another city without personal presence only if you have a departure certificate. If the change of address occurs in one subject of the Russian Federation, such a certificate is not required, since information about the cancellation of registration is automatically entered into the database when registering at the new place of residence.

Today, there are two types of power of attorney that can be issued to obtain registration. The document has the right to be drawn up by the owner of the property, who cannot be present during the registration procedure. The person who wishes to obtain registration has a similar right.

What the law says

The legislation of the Russian Federation provides for the procedure for registering its citizens by notifying migration services about a change of residence or moving to another locality. If it is impossible to carry out permanent registration due to the lack of your own housing, you must register temporarily.

Accommodation without registration, as stated in Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation, entails a fine in the amount of:

• 2-3 thousand rubles . for citizens (3-5 thousand for Moscow and St. Petersburg);
• for tenants, owners of living space 2-5 thousand rubles (5-7 thousand rubles for cities of federal significance);
• for legal entities 250-750 thousand rubles (for capitals 300-800 thousand).

The exception is cases when newly arrived citizens and housing tenants or owners are related. In all other situations, registration is required.

Features of registration, the procedure for registration and deregistration are prescribed by Federal Law Federal Law No. 5242-1, Resolution No. 713 of July 17, 1995. According to them, the registration process will be carried out in the personal presence of the person registering and the owner of the housing provided .

Registration without the presence of the person being registered: is it possible to register by proxy?

• Order of the Federal Migration Service of the Russian Federation dated September 11, 2012 N 288 (as amended on January 19, 2020) and the Administrative Regulations for the provision of citizen registration services by the Federal Migration Service approved by it;
• Decree of the Government of the Russian Federation of March 5, 2020 N 194 “On amendments to the Rules for registration and removal of citizens of the Russian Federation”;
• Decree of the Government of the Russian Federation of July 17, 1995 N 713;
• as well as the Family and Housing Codes of the Russian Federation.

Yes, you can register without being present in person, although such a procedure is not directly provided for by law : a citizen may suffer from an illness, leave for an important issue in another place, or not have such an opportunity for another reason.

How to register by proxy

Registration without the personal presence of the person being registered differs little from the standard one. To complete the registration procedure you must:

1. Contact either the regional passport office or the Federal Migration Service together with the owner of the apartment where registration is expected.
2. A power of attorney for the representative of the registered person is drawn up in advance at a notary office. This document gives the right to a representative of a newly arrived citizen to fill out applications on his behalf and sign the necessary documents.

Important! To avoid misunderstandings and refusal of registration, it is recommended to first agree with the Federal Migration Service on the possibility of registration by proxy.

Is it possible to register without the presence of the person prescribed?

Sometimes there are situations when the registered citizen himself does not have the opportunity to contact the appropriate authority. In this case, it is worth taking a closer look at the legislative acts. This will allow you to accurately determine whether registration is possible without the presence of the person being registered.

Also, another passport should be added to the package of documents, which will belong to the person representing the interests of the person being registered. It must be accompanied by a notarized power of attorney. In this case, when submitting an application, you can also do without the prescribed one.

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What documents are needed

Registration without personal appearance includes the same steps as the usual procedure. This issue is dealt with by the FMS, regional passport offices, as well as branches of the MFC. You can submit documents to one of these institutions.

Read about the nuances of registering a newborn in the article.

At the time of application you must provide:

1. Passport of the citizen providing housing. If there is more than one owner, each interested participant must present documents.
2. A document evidencing ownership of the apartment.
3. Passport of the person being registered.
4. Passport of the authorized person and original power of attorney with notarization.
5. Military ID (for men).
6. The departure slip is attached in case of pre-checkout from the previous place of residence.
7. Application for registration.

Statement

The basis for registration is a written statement on behalf of the person registering or his representative and a counter statement from the owner confirming his consent to carry out this activity.

The application form is standard; the form can be filled out during a visit to the FMS, or in advance. The appeal states:

• the exact address at which the citizen will be registered;
• in case of provision of temporary registration, the period for which the right to reside at this address is granted.

Timing and cost

The timing of the request depends on the following:

1. Is a parallel deregistration procedure necessary? If an extract is required remotely through an official request at the previous address of registration, the registration period may be delayed.
2. Which organization was the application submitted to? So, when contacting the MFC, all documents are forwarded to the registration authorities, while the centers are intermediaries, which increases the period by a couple of days due to the transportation of documents.

In general, the procedure for registering at a new place of residence or stay takes up to 3 working days . There is no payment for services.

The result is a note in the passport about deregistration at the previous address and registration at a new place. In case of temporary registration, a certificate will be issued for the period specified in the owner’s application.

Registration without the personal presence of the apartment owner

Just like registration in the absence of the registrant, registration can also be carried out without the personal appearance of the owner of the home. His interests can be represented by a trusted person, as in the first case, with a notarized power of attorney. But since many cases of fraud are based on this, the FMS is very reluctant to carry out the registration process under such conditions.

Read more about the conditions for receiving a subsidy for the construction of a private house under the Young Family program.

How to register a donation of an apartment from a notary? Instructions here.

To increase the chances of successful registration if a situation arises in which the personal presence of the owner is not possible, it is recommended that a person who has family ties with him and lives in the same territory act as a proxy .

In addition, advance notification of the passport office employees about the peculiarities of the current situation will help avoid unnecessary mistrust.

Temporary

Temporary registration in the absence of the owner at the time of filing the application is simpler, because The owner of the property is in any case notified by the registration authorities of the receipt of such an application.

If consent to registration is not provided by the owner of the apartment, the process can be stopped upon request.

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For situations in which it is necessary to carry out registration actions in the absence of the owner providing housing, the question arises whether it is possible to register a person without his presence.

A power of attorney for actions related to the registration of a citizen represents the authority on the basis of which a representative can register a person in the name of the principal. The procedure and conditions for registration accounting are regulated by the Law of the Russian Federation.

The legislation does not provide direct answers as to whether it is possible to register a person under a power of attorney from the owner. There are no instructions to allow this method of submitting documents, nor is there a direct prohibition. Therefore, if there are no other solutions to register and ensure the presence of the owner, then it is recommended to first consult with the FMS office to which the documents will be submitted whether it is possible to submit documents for registration by proxy.

Registration by proxy without the person’s personal presence

Three defining characteristics can be distinguished:

• provision of information and documents that are obviously unreliable;
• the person registering has no intention to live or stay in the apartment;
• The owner does not plan to provide his premises for living.

In the housing sector, this situation also causes difficulties. Residents of apartment buildings are obligated to pay expenses for the general needs of the house (general needs of the house). The amount is minus personal consumption. If the apartment does not have devices installed that perform individual water metering (cold/hot), and the number of residents is prohibitively large, then this leads to an increase in the total cost.

Registration at the place of residence by power of attorney

Having secured the consent of the FMS branch to accept documents on the basis of a power of attorney from the owner, it is necessary to provide a document that meets the following requirements:

• a power of attorney gives the right to carry out registration actions only in relation to the principal;
• the text of the power of attorney must contain precise instructions on the right to perform such actions as representation on behalf of the owner in the Federal Migration Service, drawing up and signing an application on behalf of the owner, providing and receiving documents for the apartment and identity cards on behalf of the owner.

Alternative methods of registration at the place of residence without the presence of the owner

Often FMS employees refuse to register a citizen who has a power of attorney from the owner for registration. If the owner of the apartment is unable to be present when submitting the application for registration, a notarized consent for the citizen’s registration and a notarized application from him in Form No. 6 is sent to the FMS.

You will find a complete list of documents required for registration in an apartment in our article - https://propiskainfo.ru/2403-kakie-nuzhny-dokumenty-dlya-propiski-v-kvartiru

This method reliably protects the rights of the owner and allows you to carry out such actions as registration without the presence of the owner. Citizens can also submit documents for registration at their place of residence using the government service website, where the personal presence of the owner and the registered citizen will be required when calling them to present original documents to the FMS, or notarized signatures of these citizens.

If it is impossible to ensure the presence of both legal representatives of the child, it is necessary to reach an agreement with FMS employees on the form of the document - a power of attorney, ensuring consent to the registration of the child from the second parent.

FMS employees have the right not to accept a power of attorney, since both parents must register the child, or one, having in hand a notarized consent to the registration of the second legal representative of the child. If an agreement is reached with the FMS employees, then a power of attorney with extended powers, including a clause on the right to register a minor child at the address provided by the applicant, also has the right to be issued by a notary. The applicant must have the status of the child's legal representative.

Important! Important! Persons who are registered in the living space can use it, but cannot make any transactions (exchange, purchase, sale), since only the owner has this right. However, if the registered person has children, the child can be registered without the consent of the owner, since children under 14 years of age must live only with their parents. Read more about this here.

To register at the place of residence, there is no need to issue a power of attorney, since the law provides for filing an application by mail. With this method, it is necessary to send notarized documents confirming the right to provide residential premises and application form No. 1. Receipt of a registration certificate also has the right to be carried out by post.

The rights of the owner in this case are protected, since FMS employees send the owner of the property a written notice about the presence of a new temporary tenant registered in his living space.

Sep 10, 2019adminlawsexp

Is it possible to make a temporary registration without the presence of the person being registered?

The requirement for temporary registration does not apply to those citizens who do not fall under the definition of internal migrants, that is, those moving within the Republic of Kazakhstan: The need for temporary registration is not related to the purpose of arrival. Subparagraph 1) paragraph 2 of Article 51 of the Law “On Migration of Population” establishes that internal migrants are required to register at their place of residence and place of temporary stay (residence). In accordance with paragraph 4 of the Rules for Registration of Internal Migrants, registration is carried out in addition to residential premises, also in hotels, rest homes, sanatoriums, dispensaries, medical institutions, boarding houses, boarding houses, nursing homes, office buildings and premises.

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Within 3 working days, the documents are reviewed and the FMS issues a certificate of registration at the place of residence. An exception to the time frame for reviewing documents in this case is made for situations where a citizen cannot submit any documents, for example, a commercial lease agreement. To further verify the facts specified in the application, the FMS authorities are given 8 days, and accordingly, the registration period is increased. But in this case, instead of the applicant, this can be done (and to be more precise, must be done) by the owner of the residential premises into which the registering citizen will move. The owner must contact the local police commissioner with your documents and, after receiving approval, transfer the documents to the FMS authorities.