Today deal with such important for all foreign nationals arriving in Russia, questions like, what is migration registration what is registration of foreign citizens.
First of all, it should be noted that with the adoption of the Federal law of 18 July 2006 № 109-FZ "On migration registration of foreign citizens and persons without citizenship in the Russian Federation" and the governmental orders of the Russian Federation of 15 January 2007 No. 9 "On the procedure of migration registration of foreign citizens and persons without citizenship in the Russian Federation" was abolished a concept such as registration of foreign citizens at the place of stay. Instead, concepts from that time used the concept of "migration registration at the place of stay".
All foreign citizens temporarily staying in territory of the Russian Federation must be registered at the place of stay. Foreign citizens who permanently or temporarily reside in the Russian Federation (which have the temporary residence permit or a residence permit) are subject to registration by place of residence and / or registered at the place of stay.
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Migration registration at the place of stay
Migration registration is of a notifying character. Foreign citizens temporarily staying and temporarily residing in the Russian Federation, are obliged within 7 working days from the date of arrival at place of residence to notify the territorial authority of the FMS.
Constantly living foreign citizen is obliged to notify the FMS about the arrival within 7 days.
Not subject to the registration at the place of stay of foreign citizens:
- does not have a place of residence;
- located in the hotel or in an organization that provides hotel services in a rest home, sanatorium, boarding house, etc.;
- working in shifts;
- living in institutions executing an administrative penalty;
- located in a special establishment for social rehabilitation of persons without a certain residence.
The grounds for deregistration
The grounds for removing a foreign citizen from the account in a stay place, are:
- death of the foreign citizen or the recognition of him as missing – after receiving the document confirming the death of a foreign citizen;
- the statement of the foreign citizen on the account at the new place of stay upon receipt of information about the production of that citizen on account of the new place of stay;
- the departure of the foreign citizen outside the Russian Federation – after receiving information about the exit from the customs control bodies;
- identification of the fact fictitious registration – after identifying this fact.
All procedures for registration carried out by the host side.
The receiving party can be citizens of the Russian Federation permanently residing in Russia, foreign citizens or stateless persons (with residence permit), legal entities, branches and representation offices, foreign citizens are employed.
For registration a foreign national shall provide the host party:
- the document proving the identity;
- migration card;
- visa (when entering in the procedure requiring a visa).
On the basis of the submitted documents, the receiving party fills in the blank of arrival Notification of foreign citizen. Then this Notice, copies of documents of a foreign person by the host party shall be submitted to the territorial body of the Federal migration service or the post office, on-site service which will be a foreign citizen.
If the host party for cause may not submit their own Notice and documents, a foreign citizen has the right to notify their arrival.
Territorial body of the Federal migration service or the organization of postal communication, received from the host party the completed Notification and copies shall affix to the notice a mark about acceptance of the document and return the detachable part to the host party.
The receiving side transmits the detachable part of the Notification to the foreign citizen. The presence of the detachable part of the Notification mark if the foreigner is a confirmation of his registration.
When leaving the seat, the detachable part of the Notification remains with the foreign citizen. Deregistration is carried out by territorial body of the FMS after receiving information about the grounds for removing a foreign citizen from the account.
In case of change of information required by the migration registration, the relevant data shall be submitted to the FMS within 3 working days.
Responsibility for violation of legislation on migration registration
Responsibility for violation of migration registration rules prescribed in article 18.8 of the administrative code. In this article it is specified that for infringement of rules of entrance to Russia and the regime of stay in Russia, which resulted in the violation of the rules of entry, rules of migration registration, movement, choice of place of stay or residence, the dereliction of duty on the notice of confirmation of their residence in the Russian Federation shall entail:
- the imposition of a fine (administrative) in the amount of 2 to 5 thousand rubles with administrative deportation from the Russian Federation or without that.
Article 18.9 of the administrative code provides for liability for violation of migration registration rules. According to this article, the violation of the receiving party or official of a legal entity that provides the service of a foreign citizen performing duties associated with the compliance with the conditions of stay in Russia of foreign citizens, their stay, movement, change of place of residence or stay, if these actions do not contain signs of penal act results
- a fine for officials – 40 – 50 thousand rubles, for legal entities – 400-500 thousand roubles.
Failure to perform host duties for migration registration shall entail the imposition of a fine (administrative):
- the individuals – 2 – 4 thousand roubles,
- for officials – 40 – 50 thousand rubles,
- for legal entities – 400-500 thousand roubles.
Registration at the place of residence of foreign citizens
In accordance with the Federal law of 18 July 2006 N 109-FZ "On migration registration of foreign citizens and persons without citizenship in the Russian Federation" constantly or temporarily living on territory of Russia a foreign citizen who holds a right of use of premises located on the territory of the Russian Federation must register at the address of the space.
The basis of the registration of a foreign citizen at the place of residence – the right use of this premises. The presence of this law shall be determined in accordance with the housing code of the Russian Federation. Registration of a foreign citizen at the place of residence includes:
- fixing the address of the dwelling in the temporary residence permit or residence permit of a foreign citizen and in the records of the FMS and in the state informational system of migration registration.
Procedures for the registration of a foreign citizen at the place of residence
In FMS appears to be:
- application for registration of a foreign citizen at the place of residence.
The application is supported by:
a foreign citizen temporarily or permanently residing in the Russian Federation:
- the document proving the identity;
- temporary residence permit or residence permit;
- the documents confirming the right of use of premises.
temporarily residing foreign citizen or the person without citizenship:
- temporary residence permit or residence permit;
- the documents confirming the right of use of premises.
In addition to this appear:
- copy of the migration card are temporarily residing foreign citizen;
- the document confirming payment of the state fee.
Temporarily residing foreign citizens registration at the place of residence is issued for a period not exceeding the validity of the RWP. Registration at the new place of residence is carried out only after the removal of the registration account in a former place of residence.
The Foundation of removing a foreign citizen from registration in a residence:
- termination of the right of use of premises;
- registration at another residence;
- the termination of a foreign national entitled to permanent or temporary residence;
- the entry into force of the court decision on recognition of registration at the place of residence invalid;
- revealing the facts of fictitious registration at the place of residence;
- the death of a foreign citizen.
