Fine for expired registration of a foreign citizen, for living outside the place of registration and liability for fictitious documents: how to check the information in the Federal Migration Service, and what to do in cases of

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Published: 08/07/2018

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Every foreigner who expects to obtain temporary residence in another country must register. And if the temporary registration is overdue, the citizen will have to bear a certain punishment for this. For this reason, it is important to find out in advance what to do in such a situation and what method can be used to avoid sanctions if you fail to renew your registration.

Migration legislation on length of stay
What should a violator do?
Responsibility for expired registration

Registration rules and deadlines for foreigners

Important! Please keep in mind that:

Each case is unique and individual.
A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

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Foreigners can enter the Russian Federation with a visa or with original documents proving their identity. The following categories of persons have the right to cross the border of the Russian Federation without a visa:

subjects who are citizens of countries that were previously part of the CIS;
foreigners who have received a residence permit or temporary residence permit;
persons whose countries have signed an agreement with the Russian Federation on a visa-free regime of stay.

Based on Part 1 of Art. 16 of Federal Law No. 109-FZ of July 18, 2006, a foreigner must submit an application to the Federal Migration Service within 7 working days from the date of his arrival at his place of residence, receipt of a residence permit or temporary residence permit. Methods for submitting notification:

Name	Person submitting the application	How is registration carried out?
Visit to the regional office of GUVM	The receiving party together with or without the presence of the arriving foreigner.	A pre-filled application along with the necessary package of documents is handed over to the FMS employee. After checking them, the person receives a tear-off part of the form with a note about registration.
Shipping by mail		A citizen of the Russian Federation, registered at the address of the guest’s stay in the country, or who is its owner, must come to any post office. There he presents the original passports (his and the guest’s) and submits for forwarding by registered mail a completed notification of the foreigner’s arrival, a notarized translation of the foreigner’s passport into Russian, photocopies of passports, housing documents, migration cards and visas (if any). The price of such a service is approximately 250 rubles. The postal employee checks all the documents and gives the tear-off part of the form to the applicant, which will indicate registration.
Sending an email notification		If a person is staying at a hotel, then a notification of his arrival in the Russian Federation is sent to the FMS within 24 hours by the staff of the establishment. They usually carry out this procedure by email, attaching the necessary documents in PDF format to the application form. 3 days are given for consideration, and then the foreigner is given a duplicate of the form with the necessary notes.

According to Part 1 of Art. 17 of Federal Law No. 109-FZ of July 18, 2006, the person who is the receiving party must provide originals and copies of the following documents for registration of a foreigner:

your and the guest’s passport;
migration card;
visa, document confirming residence permit or temporary residence permit (if available);
ownership of the housing in which the foreigner will live.

Important! The form must be filled out in block letters, without errors, strikethroughs or corrections. The entered data must match the documents provided.

The deadline for registering a foreigner by FMS employees is regulated by Art. 18 Federal Law of July 18, 2006 No. 109-FZ.

What is important for a foreigner to remember when applying for temporary registration?

Lawyers recommend that subjects of foreign states familiarize themselves with some features of the procedure:

for citizens of some countries, a different period for submitting notification of arrival in the country has been determined (15 days for Tajiks and 30 days for Armenians, Belarusians, Kazakhs and Ukrainians);
on the second day after entering the Russian Federation, persons who do not have a specific residential address, who have come to work on a rotational basis, and who have settled in a hotel, sanatorium, boarding house or camp site must register;
Foreigners whose stay within the Russian Federation does not exceed 7 days may not undergo the procedure;
when submitting an incomplete package of documents, finding the residential premises where the foreigner wants to register is in collateral or under arrest, submitting a notification to a department that does not correspond to the registration address and there are errors, corrections and deletions in it, employees of the Federal Migration Service have the right to refuse registration to the person;
it is necessary to report a change in place of residence by submitting a new notification by the receiving party;
Failure to comply with registration rules is administratively punishable.

The party providing a foreigner with a place of residence may be:

foreigners permanently residing in the Russian Federation and having their own housing here;
a legal entity accepting a foreigner for temporary residence or work;
citizens of the Russian Federation who own residential premises.

The period of temporary stay of a citizen of another country on the territory of the Russian Federation is determined by Art. 5 of the Federal Law of July 25, 2002 No. 115-FZ.

For foreigners entering Russia on the basis of a visa, the period of stay within the country depends on its validity. Citizens of countries that have signed an agreement on a visa-free regime with the Russian Federation have the right to stay on its territory continuously for 90 days within 6 months.

For labor migrants, this period can be extended by 1-3 years. In this case, the permitted time of stay of a foreigner in the country is established according to the term of the signed employment contract, which depends on the qualification level of the invited specialist.

Important! If the contract is terminated prematurely, the person has the right not to leave for another 30 days.

If a foreigner acquires a patent for work, then registration is issued for the period of payment. The receipt must be attached to the documents that are submitted to the Federal Migration Service. When a person crosses the border, the patent is revoked. Upon expiration of the registration period, the foreigner is obliged to leave the country, but in the following cases the period of stay may be extended after filing an application:

obtaining the status of a forced migrant or refugee;
serious illness of a migrant;
death of a close relative;
extension of the employment contract.

In connection with military operations in the Donetsk and Lugansk regions, the citizens of which, on the basis of referendums, decided to secede from Ukraine, the extension of the period of stay on the territory of the Russian Federation is carried out automatically without submitting a notification to the Federal Migration Service.

Fines for registering foreign citizens

Advice from lawyers:

1. What is the amount of the fine for being not at the place of registration of foreign citizens?

1.1. Article 18.8 of the Code of Administrative Offenses of the Russian Federation 1. Violation by a foreign citizen or a stateless person of the rules of entry into the Russian Federation or the regime of stay (residence) in the Russian Federation, expressed in violation of the established rules of entry into the Russian Federation, in violation of the rules of migration registration, movement or the procedure for choosing a place stay or residence, transit passage through the territory of the Russian Federation, failure to fulfill obligations to notify of confirmation of one’s residence in the Russian Federation in cases established by federal law - (as amended by Federal Laws of October 25, 2004 N 126-FZ, dated November 5, 2006 N 189-FZ, dated July 23, 2013 N 207-FZ) (see the text in the previous edition) entails the imposition of an administrative fine in the amount of two thousand to five thousand rubles with or without administrative expulsion from the Russian Federation.

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2. Is it possible to challenge a fine for overdue registration of a foreign citizen?

2.1. Any fine can be challenged in court; if you do not agree with the basis for its accrual, contact a lawyer in person to file a complaint.

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2.2. Hello! A complaint against decisions in a case of an administrative offense must be filed within 10 days from the date of its issuance.

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2.3. You can challenge it, but this fine is the first sign. If this happens again, it will no longer be a fine, but a more serious punishment. Therefore, it is unlikely that the court will overturn it.

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2.4. Valentina, as part of the administrative process, you have the right to appeal the decision to impose administrative liability.

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3. A foreign citizen (Uzbekistan) who did not have registration and a patent was detained at the St. Petersburg police department. Previously, there were arrests and the citizen paid a fine as a punishment for lack of documents. What are the chances of “getting off” with a fine and in what amount? Can a citizen be deported? What rights does he have?

3.1. For repeated violation of immigration laws - deportation.

Did the answer help you?YesNo

4. I have an overdue loan, there was a court case, there is also an unpaid fine for fictitious registration of foreign citizens, please tell me, if a commercial bank issues me a salary card, can the state withdraw my money?

4.1. Hello. Federal Law “On Enforcement Proceedings” dated October 2, 2007 N 229-FZ. This Federal Law determines the conditions and procedure for the forced execution of judicial acts, acts of other bodies and officials who, in the exercise of powers established by federal law, are given the right to impose on foreign states, individuals persons (hereinafter also referred to as citizens), legal entities, the Russian Federation, constituent entities of the Russian Federation, municipalities (hereinafter also referred to as organizations) are obliged to transfer funds and other property to other citizens, organizations or the relevant budgets or to perform certain actions in their favor or refraining from performing certain actions. The bailiff can also deduct from the debtor according to the settlement account.

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5. Can an admin be judged and appointed? A fine for a foreign citizen for late registration if the specified person has already crossed the border and returned back to Russia. (Judge for old cases)

5.1. Hello! They can, of course, if a foreign citizen has committed an administrative offense. A foreign citizen does not have any privileges.

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6. I am a foreign citizen (Kazakhstan), a year and a half ago I was fined for traveling without a ticket, I was temporarily registered in Moscow, I then left and did not pay the fine, now I want to come for a short time, could there be problems with entry and stay, to a different address?

6.1. No - there will be no problems upon entry and stay... And the fine will have to be paid immediately - double the amount. Either administrative arrest for up to fifteen days, or compulsory labor for up to fifty hours.

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7. Zakir Rakhmatullaevich! Thank you for your participation, but I did not receive an answer to my question. The foreign citizen has a passport, there is a temporary registration - it is not expired, but at the time of the passport check, the foreign citizen was not at the place of registration, but at another place, i.e. in my apartment. Now the local police officer has sued me, where I face a fine of 10 minimum wages. Please provide me with the law r. Uzbekistan, where such punishment is clearly prescribed for the owner of the apartment. Thank you.

7.1. Hello, At the moment you are asking questions to lawyers from Russia and therefore it is impossible to understand which laws you need, the Russian Federation or the Republic of Uzbekistan. I wish you good luck and all the best!

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8. I am going to register for a foreign citizen in my apartment. I read that there is such a thing as fictitious registration, and there are very large fines for it. What should I do if, let’s say, I register a foreigner for 3 months, and he lives with me for a month, and then moves to another place to live?

8.1. Fictitious registration is when you register a person, knowing that he will not live with you at all. 10) fictitious registration at the place of residence - registration of a foreign citizen or stateless person at the place of residence based on the submission of knowingly false information or documents for such registration, or their registration at the place of residence without their intention to live in the corresponding residential premises, or their registration at the place residence without the intention of the tenant (owner) of the relevant residential premises to provide them with this residential premises for living;

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9. What should a traffic police inspector do in the following situation: - a foreign citizen without a driver’s license (claims to have lost it) is driving a car with Bulgarian registration? All documents for the car are in order, including temporary importation issued to the driver! A fine for not having a license or the car being seized because it is impossible to check foreign citizens against the database for their licenses?

9.1. I can help you resolve your situation, contact me via PM, we’ll discuss your situation in detail and I can tell you in detail how to proceed.

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10. What is the fine for late registration at the place of residence of a foreign citizen who has a residence permit?

10.1. A fine for overdue registration is imposed on a foreign citizen by the Federal Migration Service in the event that he violates the regime of residence or stay on the territory of the Russian Federation established by law. However, he may be expelled from the country. Article 18.8 of the Code of Administrative Offenses provides for fairly lenient fines in the amount of 2,000 to 5,000 rubles for violations of migration registration rules.

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10.2. Good afternoon. According to Art. 18.8 Code of Administrative Offenses of the Russian Federation from 2000 rubles. up to 5000 rub. And in Moscow and St. Petersburg from 5000 rubles. up to 7000 rub. In addition, in Moscow and St. Petersburg expulsion is required.

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11. The husband is a foreign citizen. He is married to a citizen of the Russian Federation and has a child, a citizen of the Russian Federation. There is a temporary residence permit based on marriage to a citizen of the Russian Federation. received 2 administrative fines during the year, the first because he did not live at his place of registration, the second because he did not report for the past year. Can they deprive him of his RVP? Is it possible to do something so as not to be deprived?

11.1. The reasons for the cancellation of a temporary residence permit are determined by Art. 7 Federal Law On the legal status of foreigners in Russia (hereinafter referred to as Federal Law 115).

The most common cases of refusal of a temporary residence permit are: Identification by migration service employees of the fact that when applying for a temporary residence permit, the applicant submitted forged documents. Conviction of a foreigner for committing a serious/especially serious crime, or a crime related to drug trafficking. In this case, the permit is revoked from the moment the verdict comes into force. If the foreigner did not work/earn income for 180 days in the year in which the permit was received. The year is counted from the date of receipt of the temporary residence permit. If a foreigner receives income, but this income is less than the subsistence level for each family member living with him, the permit must also be revoked. But there are a number of exceptions to this rule (for example, when the income is not received in connection with study). Invalidation of a marriage registration record with a citizen of Russia. This paragraph applies exclusively when marriage was indicated in the application as the basis for issuing a permit. A foreigner who entered the Russian Federation with a migration card violated the deadlines and procedure for submitting supporting documents (he did not submit a medical certificate of health to the migration service department within 30 calendar days from the date of filing the application). The law establishes a number of more specific grounds for depriving a foreigner of the right to temporarily reside in the territory of the Russian Federation. So they can. Moreover, there were 2 violations during the year. So what to do? Do not violate. If there is a deprivation, appeal in court.

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12. I am a foreign citizen and have a fine for late registration that must be paid this month. I am leaving Russia in October. Do I have to pay?

12.1. Hello. You will not be allowed to cross the border if you do not pay the administrative fine, and you will also be banned from entering the Russian Federation.

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13. I registered a friend from Ukraine in my apartment. In fact, he lives somewhere else. If there is an inspection, is it possible to discharge him immediately after the inspection in order to avoid a fine or criminal liability for fictitious registration of a foreign citizen? Thank you.

13.1. Good afternoon If they check, it will be too late to discharge him, so if he lives in another place, it is better not to wait for such a check, otherwise there may be nuances later, the responsibility for fictitious registration is serious.

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13.2. Hello! If the check establishes that the person does not live with you, then criminal liability cannot be avoided. It’s better to write out immediately, without waiting for any checks.

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13.3. Hello. If there is a check and the fact is established, it will be too late. Upon the fact of a violation, a protocol is drawn up, which is evidence of the offense, and subsequent statements do not play a role.

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14. If a foreign citizen has a temporary residence permit valid until 2020 in Ghana, the migration registration was completed before April 30, 2017 (there is no registration at the place of residence), will there be a fine for this?

14.1. If this foreign citizen registers at his place of residence within 7 working days, starting from April 30, then there will be no violation on his part.

Did the answer help you?YesNo

15. I am a foreign citizen, I have a temporary residence permit until 2020, I live in a residential building under a lease agreement, I received temporary registration in this apartment, but it expired on April 16, 2017, and the agreement is in the process of renewal, i.e. I will receive it only on April 20th. When renewing my registration, will the Federal Migration Service issue me a fine for late registration or are there good reasons?

15.1. Hello. Federal Law of July 25, 2002 N 115-FZ “On the legal status of foreign citizens in the Russian Federation” (as amended and supplemented) Yes, if the deadlines are violated, there will be deportation.

Did the answer help you?YesNo

16. If a foreign citizen has a loan or mortgage but due to overdue temporary registration in the deportation court, a ban or a fine, what punishment can there be?

16.1. Hello. Federal Law of July 25, 2002 N 115-FZ “On the legal status of foreign citizens in the Russian Federation” (with amendments and additions) So the court only deports. So, if the period of temporary stay is violated, there will be a ban on entry. But you can cancel it without going to court, there are options. Did you receive the notification? Have you applied?

Did the answer help you?YesNo

17. The foreign citizen was not at the place of registration, a protocol was drawn up and a fine of 2,500 rubles was imposed. When re-registering to another address, the inspector told me to pay the fine and only then re-register. We paid for it. And now the boss from the old district is calling and demanding payment. We said that we paid, they tell us to pay again. Here's a question: can you pay for the same violation twice?

17.1. No, the fine is charged only once per violation. Provide the receipt for payment of the fine to the inspector who requires payment from you.

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18. The spouse is a foreign citizen (Ukrainian citizenship) She was registered at our home (at the permanent place of residence of her husband, a citizen of the Russian Federation), was admitted to the hospital with acute pain for five days and was discharged. Another 10 days have passed since discharge. They called the Federal Migration Service and said that they had decided to register her and imposed a fine of 2,000 rubles. When we asked on what basis and under what law, they didn’t really explain anything to us. The question is, is this legal, what kind of law is it?

18.1. How can we know this? Call the FMI and ask for a written order. Here it will be possible to study it and draw a conclusion about its validity and legality.

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19. The registration journal for foreign citizens should begin on January 1, No. 1. The hotel administrator forgot to do this and only started new registration numbering on January 25th. What is the penalty for this? Thank you.

19.1. The hotel administrator forgot to do this and only started new registration numbering on January 25th. What is the penalty for this? Hello, it is generally possible to avoid a fine for this “violation”

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20. And if they are deported from Uzbekistan, then at whose expense and will there still be a fine for not registering? And another question. Fine a foreign citizen or a citizen of Uzbekistan in whose home this foreign citizen lived?

20.1. And if they are deported from Uzbekistan, then at whose expense and will there still be a fine for not registering? And another question. Fine a foreign citizen or a citizen of Uzbekistan in whose home this foreign citizen lived? Deportation and fine at the expense of the culprit. But the authority that imposed the fine may demand that the fine be repaid and the owner of the apartment pay expenses if it turns out that it was due to his oversight that the passport regime was violated.

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Question: what is the amount of the fine for overdue registration of a foreign citizen in Azerbaijan? 1 day late.

What does a foreign citizen face for repeatedly expired registration?

Where can I get a protocol and a receipt for paying a fine for late registration via mail for a foreign citizen (student) in St. Petersburg.

Is it possible for foreign citizens to get away with a fine for overdue registration? If after the delay there are still entry and exit stamps? If yes, how much?

The court imposed a fine of 30 thousand on me for fictitious registration of foreign citizens, they told me to pay within 40 days, I don’t have time, what will happen to me?

I came from the South-East of Ukraine to visit relatives. Police officers stopped me to check my documents.

Good day to you, a criminal record has been opened against me under the article of fictitious registration of foreign citizens, I have repented of everything, etc.

What is the fine for an individual entrepreneur for attracting a foreign citizen of Tajikistan without a patent and without registration?

What is the fine for overdue registration of a vehicle of a foreign citizen (Ukrainian) on the territory of the Russian Federation.

I am writing to you about determining the degree of punishment for a migrant in cases of violation of stay standards, such as: expired migration card and registration.

Who pays the fine for late registration, who registered us or foreign citizens.

Amount of fine for late registration

Art. 18.8 of the Code of Administrative Offenses of the Russian Federation presupposes the imposition of a fine on a foreigner for overdue registration in the amount of 2 to 5 thousand rubles. At the discretion of the judge, an additional measure of liability in the form of deportation from the country may be established.

Important! If a person does not have a valid reason for violating the law and the deadline for submitting notification of the arrival of a foreigner is seriously violated, then the judge may additionally impose a penalty of deportation (5 years).

According to the same article, the fine for failure to register a foreign citizen or loss of a document indicating completion of the procedure and failure to provide a statement about the incident ranges from 2 to 5 thousand rubles. with mandatory deportation of the subject outside the Russian Federation.

The size of the fine when committing the above actions in cities and regions of federal significance increases to 5-10 thousand rubles. In this case, the foreigner must be deported.

Citizens of the Russian Federation acting as a host are also subject to a fine for overdue registration of a foreign citizen. Its size is:

2-4 thousand rubles. (individual);
35-70 thousand rubles. (executive)
from 400 to 800 thousand rubles. (legal organization).

According to a court decision, firms that employ foreigners may be punished by a ban on their activities for 14-90 days.

Fines for living elsewhere

The procedure for imposing monetary penalties on foreign citizens who have violated the rules of entry into the country or the regime of residence in the Russian Federation is determined by Article 18.8 of the Code of Administrative Offenses of the Russian Federation as amended by Federal Laws No. 126-FZ of October 25, 2004, No. 189-FZ of November 5, 2006.

If a foreigner does not register within the period established by the legislation of the Russian Federation, he is subject to administrative liability. The amount depends on where the visitor is staying.

Is there any way to avoid the fine?

In a number of situations related to the presence of a valid reason for late submission of notification of arrival, an administrative case to collect a fine from a foreigner may not be initiated:

serious illness;
confiscation of documents and deprivation of the right to travel for the purpose of forcing them to work.

In this case, the person against whom a case was opened to collect a fine must collect evidence to provide employees of the Ministry of Internal Affairs with evidence indicating his non-involvement in violating the law. Only if they are present will the punishment be cancelled.

If a foreigner has lost his passport, without which it is impossible to register, he must immediately submit a statement about the incident to the police and begin to restore the document through the consular department of the embassy. If you lose a document confirming a person’s right to stay in the Russian Federation, you need to submit a request to the Department of Internal Affairs of the Ministry of Internal Affairs, on the basis of which he will be given a duplicate free of charge.