Buying an apartment by a foreign citizen

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Registration of permanent and temporary registration, as well as deregistration of citizens from apartments, is regulated by Decree of the Government of the Russian Federation No. 713. According to the Law, the owner of an apartment has the right to expel from the apartment any person temporarily registered in it, if there are compelling reasons for this.

What is temporary registration and what are the features of its registration? How can a temporarily registered person be discharged ahead of schedule? Is it possible to discharge a person without the consent of the owner? Where should I go to get deregistered? What list of documents must be provided?

What is temporary registration?

Temporary registration is required when a citizen does not live at the place of permanent registration for more than ninety days. The period of residence in an apartment under temporary registration is determined by agreement with the owner, but cannot exceed five years.

Registration of temporary registration does not require deregistration at the place of permanent residence.

Living without registration for more than ninety days is fraught with a fine of one and a half to two thousand rubles.

Temporary registration is required for:

• Preparation of other personal documents;
• Taking out loans;
• Placement of a minor child into a preschool/school type educational institution;
• Official employment;
• Receiving free medical care in public clinics/hospitals;
• Receiving social security (benefits);

Temporary registration is carried out with the consent of the owner//all homeowners at the office of the Federal Migration Service .

If it is necessary to temporarily register a child in an apartment, his consent is not required and he is automatically registered together with the parent at the place of temporary registration.

Temporary registration without the consent of the owner/all owners of the property is impossible.

When registering for temporary registration (place of temporary stay) the Federal Migration Service is required to provide the following documents:

A sample application for temporary registration can be downloaded from the Internet or you can receive a form to fill out when you contact the migration service directly.

• A document confirming the right to reside in a specific housing (for example, a lease agreement);
• Written consent to stay from all adult homeowners ;

Read about the role the owner’s consent plays when registering for registration here.

• Passport/birth certificate (if a citizen under 14 years of age is temporarily registered);

After submitting the entire list of documents for temporary registration, they are checked for accuracy within a few days, after which the citizen receives a temporary residence certificate.

How to discharge a temporarily registered person before the agreed date, read in the next section.

how to check out of an apartment and register in another without any problems

When submitting an application for registration, the personal presence of the applicant and the person providing the apartment is almost always necessary. The exception is situations with the registration of minor children under 14 years of age.

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Guardians, parents or adoptive parents fill out applications for them.

If there is no possibility of personal presence of interested parties, deregistration and registration of a citizen can be done by sending a notarized application by mail. registration and deregistration at the place of residence by power of attorney is impossible.

Removal from temporary registration: conditions, features of the procedure

Temporary registration at the place of residence does not require deregistration of a citizen after the expiration of its validity period. So, for example, if a citizen has secured the consent of the owner for 4 years of temporary residence in his apartment and recorded this with a corresponding application submitted to the FMS, after this period the temporary registration is canceled automatically.

However, circumstances often arise that make it necessary to check out of the apartment ahead of schedule. In this case, contacting the FMS cannot be avoided.

Early deregistration is possible in the following cases:

• temporarily registered citizen no longer lives in this housing , moved to a new apartment, went to another city, etc.;
• temporarily registered citizen disrespects his place of residence , spoils it, causes rows;

The fact of disrespect must be confirmed by the testimony of neighbors.

Premature check-out is organized by the property owner. If there are several owners, documents for extract must be submitted on behalf of all owners.

In order to remove your temporary registration ahead of schedule, you must provide the following list of documents to the Federal Migration Service:

• Application for deregistration ahead of schedule;

The application submitted by the owner of the property is sufficient grounds for deregistration of a temporarily registered citizen. The temporarily registered citizen himself should not be present at this moment.

If, in addition to an adult citizen, a minor child lived in the housing, he is automatically discharged with an adult relative.

• A document confirming the ownership of housing and the right to deregister persons temporarily registered in it;
• Identification document of the owner ( passport );

The presence of a temporary registration does not give the registered person any rights to the housing in which he lives. Temporary registration cannot become permanent and if the owner has not issued a premature deregistration, it will end automatically after five years.

Experience as a lawyer - since 2005. Graduated from the Moscow State Open University with honors. Private practice, specialization - migration and civil law.

What documents need to be prepared

In order to officially change registration data, the applicant must prepare a certain package of documents for deregistration from the apartment, which includes:

• application for departure at the registration address;
• passport of a citizen of the Russian Federation or a foreign subject (original);
• departure slip – 2 copies.

Blank application forms and departure sheets can be obtained at the place of registration of the legal action or downloaded in electronic form.

The application must include the following information:

• about the body registering the appeal;
• full name, date and place of birth of the person applying;
• identity document details;
• address of the previous and new registration;
• date of completion;
• applicant's signature;
• signature of the official who received the form.

Attention. No one will check the fact of residence in the new place after deregistration in the previous apartment. Therefore, you can indicate any housing as a new address, even if no one plans to live there.

The departure sheet is filled out in accordance with the form established by law in the case when a person is not registered at the same time as the eviction, but leaves for another city or region. It reflects:

• Full name, city and year of birth, citizenship of the applicant;
• information about previous registration;

• identity document details;
• disposal purpose;
• information about previous changes of address or personal information.

When discharged and registered at the same time, the person liable for military service must provide a military ID.

Important. All forms must be filled out personally by the applicant, by hand, in blue ink.

How to discharge a temporarily registered person ahead of schedule?

1. A document confirming the right to reside in a specific housing (for example, a lease agreement);
2. Written consent to stay from all adult homeowners;

Read about the role the owner’s consent plays when registering for registration here.

1. Passport/birth certificate (if a citizen under 14 years of age is temporarily registered);

After submitting the entire list of documents for temporary registration, they are checked for accuracy within a few days, after which the citizen receives a temporary residence certificate.

Discharge a person registered under a temporary residence permit from home

I was asked to register a foreign citizen in a private house due to the fact that he received a temporary residence permit and he needed to subsequently apply for a residence permit.

And without registration it is impossible to apply for a residence permit.

I went to a meeting and registered him in my private home for 3 years.

But circumstances developed in such a way that a year later I decided to buy an apartment and sell the house. In connection with why I want to discharge a foreign citizen, how can I do this without waiting for a three-year period?

And they depend on the worldview of the employees of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation (formerly the FMS). The first way to write an application for the departure of a foreign citizen from the place of migration registration.

In the case where the local Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation believes that migration registration under a temporary residence permit is temporary registration, then in this case it is simple. If the local Main Directorate for Migration Affairs of the Ministry of Internal Affairs equates permanent migration registration with permanent residence of a foreign citizen in a home, then withdrawal is possible only through the court. In practice, they decide either this way or that way.

There is also uncertainty in the law, because everything is left to the local units of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation.

But one thing can be said: it’s possible to remove a foreigner, it’s just a matter of timing and hassle. The Law does not directly indicate the process of removing foreign citizens who are on permanent migration registration from permanent migration registration and does not describe the procedures for such removal.

But most often, registration of foreign citizens for permanent migration registration at their place of residence is equated to registration at their place of residence; accordingly, it is possible to deprive a citizen of his place of residence only through the court.

If you need preliminary consultation and assistance from a lawyer on this issue, please call.

Our lawyers have extensive experience in removing foreign citizens from privatized and municipal apartments.

They do not take on cases that are obviously unpromising. Payment for representation of interests in court is made only after the foreign citizen is discharged (removed from permanent migration registration). With our help, it’s easy for the homeowner to sign a foreign citizen out of an apartment!

How to expel a foreign citizen from an apartment who is registered temporarily but with a residence permit and obtaining citizenship

Features of purchasing housing by foreigners

A foreign citizen planning to buy real estate in the Russian Federation must be in the country legally. There is an opinion that only people with a residence permit can do this, but everything is somewhat simpler.

There are several other features of purchasing housing by foreign nationals:

• The mechanism for acquiring an object can be anything. This includes the purchase of square meters in a built house under a sale and purchase agreement, and the purchase of an apartment in a new building under the DDU;
• The purchase of real estate does not entitle a foreigner to visa benefits. He will still have to comply with the established regime of stay in the country, register upon arrival, and obtain a work permit;
• The documents of the foreign buyer must be legalized. The most common form of legalization is an apostille (this is a stamp on a document or a separate sheet with such a stamp). If a foreigner comes from a country that does not recognize apostille (for example, Canada), consular legalization will be required;
• You can pay for real estate purchased in the Russian Federation only in rubles. But at the request of the party, the parties have the right to link the ruble exchange rate to any foreign currency.

The procedure for acquiring living space by a foreigner consists of standard stages. The person prepares the necessary documents, together with the seller draws up the text of the agreement, draws it up in simple writing or with a notary. After this, the agreement is submitted for registration to the Unified State Register, the actual transfer of housing occurs and settlements are made.

Operations related to registration of real estate transactions with the participation of foreigners have other nuances. For example, if you purchase living space with residents in shares, registration may take longer. Registration is also delayed in cases where one of the shareholders lives abroad, because by law he must be informed about the upcoming transaction.

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How to expel a foreign citizen from an apartment

In this article we will look at how to expel a foreign citizen from an apartment. Foreign citizens residing or temporarily staying in the territory of the Russian Federation must obtain a temporary residence permit - TRP. This has a legislative basis, according to which all individuals located on the territory of the Russian Federation are required to have temporary or permanent registration. Registration of a citizen of another state can create a number of problems for the apartment owner during eviction.

Features of eviction of a foreign citizen through court

To do this, it is enough to confirm the fact of the evicted citizen’s long absence from the specified address. In the case of privatization of living space by the owner before marriage to a citizen of another state, divorce may become the basis for the eviction of the former spouse from the occupied living space, to which he does not have ownership rights.

To begin the eviction procedure you must:

• prepare a statement of claim for the eviction of a citizen of a foreign state from the living space he occupies;
• prepare documents confirming the plaintiff’s right to own the specified real estate;
• send documents to the district court at your place of residence;
• await the start of the court hearing.

The case may be complicated by the defendant's failure to appear at the court hearing. In this case, the meeting will be postponed, and the foreign citizen will remain registered in the living space.

Peculiarities of eviction of a foreigner from municipal housing

The procedure for eviction of a foreign citizen from housing owned by the municipality is more simple than in the case of a privatized apartment. The following circumstances may serve as a reason for eviction:

• use of residential space for purposes other than its intended purpose;
• systematic violation of order;
• prolonged non-payment of utilities and apartment bills;
• prolonged absence of the tenant from the specified address.

An eviction application is submitted to municipal authorities. The tasks of the municipality include notifying the temporarily registered person of eviction, after which a statement of claim is filed with the court at the address where the living space is located.

The matter may become more complicated if a temporarily registered person, without the knowledge of the owner of the living space, registers his minor children at the place of residence.

Need for legal assistance

The employees of our consulting center will advise and give a legal assessment of the situation, competently draw up a statement of claim and prepare the entire package of necessary documents. By contacting us, you will save time and be able to evict a foreign citizen from your apartment quickly and without difficulty.

How to discharge a foreign citizen registered under a temporary residence permit

I was asked to register a foreign citizen in a private house due to the fact that he received a temporary residence permit and he needed to subsequently apply for a residence permit. And without registration it is impossible to apply for a residence permit. I went to a meeting and registered him in my private home for 3 years. But circumstances developed in such a way that a year later I decided to buy an apartment and sell the house. In connection with why I want to discharge a foreign citizen, how can I do this without waiting for a three-year period?

A foreign citizen registered under a temporary residence permit can be discharged through the court

There are two ways. And they depend on the worldview of the employees of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation (formerly the FMS). The first way to write an application for the departure of a foreign citizen from the place of migration registration. In the case where the local Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation believes that migration registration under a temporary residence permit is temporary registration, then in this case it is simple. If the local Main Directorate for Migration Affairs of the Ministry of Internal Affairs equates permanent migration registration with permanent residence of a foreign citizen in a home, then withdrawal is possible only through the court. In practice, they decide either this way or that way. There is also uncertainty in the law, because everything is left to the local units of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation. But one thing can be said: it’s possible to remove a foreigner, it’s just a matter of timing and hassle. The Law does not directly indicate the process of removing foreign citizens who are on permanent migration registration from permanent migration registration and does not describe the procedures for such removal.

But most often, registration of foreign citizens for permanent migration registration at their place of residence is equated to registration at their place of residence; accordingly, it is possible to deprive a citizen of his place of residence only through the court.

Assistance in the discharge of a foreign citizen.

If you need preliminary consultation and assistance from a lawyer on this issue, please call. Our lawyers have extensive experience in removing foreign citizens from privatized and municipal apartments. They do not take on cases that are obviously unpromising. Payment for representation of interests in court is made only after the foreign citizen is discharged (removed from permanent migration registration). With our help, it’s easy for the homeowner to sign a foreign citizen out of an apartment!

How to forcibly expel a foreign citizen from an apartment?

Good afternoon, out of my good heart I registered a foreign citizen of Ukraine, left only my things, took them, said that he would go to another region to work and register there at his place of residence, but fraudulently stayed in our city and applied for a residence permit (with my registration), now I’m preparing a statement of claim to the court, how to correctly reflect in the statement of claim, how to forcibly expel a foreign citizen from an apartment.

Lawyers' answers (3)

You need to recognize him as having lost the right to live in the apartment due to the fact that he does not live in the apartment for a long time, does not pay for utilities and at the same time does not intend to live in the apartment, taking into account the fact that there are no obstacles to him from the owner of the residential premises ​.

Just under no circumstances indicate in the application that the registration was fictitious, that is, the person had no intention of living in the apartment.

Since April 2020, the Defendant, with whom my family maintained friendly relations, was moved into my apartment; with my consent, the Defendant was registered at the place of residence in my residential premises temporarily. The defendant intended to live in my residential premises. The defendant brought his things, but in fact he never lived with me. At the beginning of August 2020, our relationship deteriorated greatly, after taking his things, he promised that he would move to another region and register there at a new place of stay (residence), since then we have not communicated, he has not fulfilled his obligations to pay for housing and utilities . The defendant had no obstacles to the use of residential premises. In fact, our communication with the defendant has ceased.

The defendant did not voluntarily deregister from my apartment. I do not know the current whereabouts of the Defendant.

In accordance with clause 31 of the Rules for registration and deregistration of citizens of the Russian Federation, deregistration of a citizen at the place of residence is carried out by the registration authorities if the citizen is recognized as having lost the right to use residential premises - on the basis of a court decision that has entered into legal force.

Based on the above, guided by Articles 17, 31 of the Housing Code of the Russian Federation,

1. Terminate the defendant’s right to use. residential premises at the address: . (region, city, street, house, apartment).

2.Remove the defendant. from registration in the apartment at the address: . (region, city, street, house, apartment).

3. I ask you to consider this case without my participation.

Guide: check-out from one apartment and registration in another

If you still have questions about what documents will be required in your particular case, ask our specialists in an online consultation. Responsibilities for registering citizens are assigned to the Federal Migration Service.

You can sign a person out of an apartment only in his presence or with a notarized power of attorney.

Without complying with these conditions, an extract from the property, even if this person is not the owner, is possible only on the basis of a court decision.

Where should you go if you want to check out of one apartment and register in another?

The need to check out of an apartment may arise for various reasons.

Very often this is due to the sale of old housing and the purchase of a new one.

You must have a passport with you, which will need to be handed over to a specialist in order to make appropriate changes to the column about your place of residence. It is not necessary to indicate the reasons for discharge in the application.

In addition to the passport, you will need copies of title documents for the apartment in which the individual wants to register. If we are talking about a private house, you will also need an extract from the house register.

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On the appointed date, you will only need to pick up your passport with the changes made there and with a stamp indicating an extract from the previous place of residence.

If an authorized person fails to act without completing the registration of changes, it is necessary to contact higher authorities in order to protect their rights.

If you need legal support, contact our firm for legal advice on housing issues. Specialists will be able to explain any nuances, as well as provide other assistance that the client needs.

How can an owner remove a temporarily registered person from an apartment?

The state constantly keeps records of the places of residence of citizens. Although the strict institution of propiska has been replaced by registration, people are still required to notify authorities about where they live permanently or temporarily. This is required for planning the development of human settlements and for exercising certain rights of citizens, for example, for organizing elections to government bodies.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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All people after undergoing the procedure can count on receiving some social benefits:

Definition of concepts

To understand the essence of the problem, it is necessary to define several terms:

How can an owner discharge a temporarily registered person ahead of schedule?

To understand the procedure for removing temporary registration, you should familiarize yourself with some regulations.

The most detailed procedure for the actions of FMS employees when removing citizens from temporary registration is prescribed in FMS Order No. 288 dated September 11, 2012. This legal document contains regulations for the provision of this government service for registering people at their place of stay.

The basic rights and obligations of apartment owners and persons who have received the right to use residential premises are established in Chapter 5 of the Housing Code of the Russian Federation. This regulatory act specifies cases in which a citizen may be deprived of the right to use a specific apartment.

Temporary registration automatically expires if the period for which it was granted has expired. To do this, you do not need to contact government authorities or take other actions.

If the owner wants to expel a citizen from the apartment to whom he has provided housing for use, then he must do several simple operations:

• prepare an application in the prescribed form;
• attach the necessary package of documents to it;
• send to the territorial body of the Federal Migration Service at the location of the apartment.

If the temporary registration of a parent is terminated, then his child is also discharged from the apartment. Only a minor cannot be deregistered.

Application form for discharge

Price

Submitting an online application for deregistration and subsequent registration at a new place of residence on the State Services website is absolutely free. You won’t have to pay anything when visiting the territorial office of the migration authority.

The only expenses you may incur are paying for the services of a notary in order to properly issue a power of attorney for your representative. In practice, such situations are extremely rare; mostly people try to participate in the discharge on their own. And the law says nothing about trusted third parties, which is why representatives of government agencies are reluctant to accept applications for extract and simultaneous registration by proxy.

Therefore, before going to a notary to draw up the relevant document, it is better to call the passport office and ask if your authorized representative can complete the procedure on your behalf.

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In what cases is this possible?

Before deregistering a temporarily registered person, you must ensure that there are legal grounds for this.

The law provides for several such cases:

• the citizen has moved out and no longer uses the premises;
• the person has lost the right to use the apartment;
• the owner of the premises did not give consent to provide it for use;
• registration is fictitious.

It is necessary to examine in more detail the situation when a person is deprived of the right to use residential premises.

This may happen in the following situations:

• the apartment lease agreement was terminated early;
• the citizen has arrears on utility bills for more than 6 months;
• a person violates the rights or legitimate interests of neighbors;
• The tenant's behavior leads to damage or destruction of real estate.

We will tell you what nuances are established by law for Russian citizens to register in Russia.

The legislation does not indicate in which case it can be considered that a citizen has left a particular residential premises. A person has the right to move freely within the borders of the Russian Federation and stay for any time at any address. Therefore, the owner of the apartment independently decides whether the temporary stay of a particular person in the premises can be considered completed or not.

Certificate of state registration of rights

Required documents

To deregister a citizen you will need several documents:

• passport;
• statement;
• a document that confirms ownership of the apartment.

FMS employees have no right to demand any other documents from the applicant. There is no need to confirm the basis for early withdrawal from temporary registration. The application is drawn up in any form.

If the premises are owned by several citizens, then each of them must apply to the FMS. In the case where the apartment belongs to an organization, for example, a municipality, you will also need to present a document certifying the authority of the representative. Usually this is a power of attorney or an extract from the organization’s charter document.

The appeal can be presented in several ways:

If a citizen submitted an application electronically, a FMS employee reviews the application and sends the sender an invitation to appear at the territorial authority in person. This is necessary to present your passport and put a personal signature on the departure address sheet. If this is not done within 3 days, the consideration of the application will stop automatically.

Purchase and sale procedure

Package of documents

The main document that a foreigner will need to complete a transaction for the purchase and sale of an apartment is a passport. It must be translated into Russian and notarized. If the translation is made by a foreign notary, then it is important to obtain an apostille.

If a non-resident purchases real estate

There is an opinion that a foreign citizen can buy an apartment only if he has a residence permit in Russia. This is actually a misconception. A residence permit is a document confirming the right to permanent residence in the territory of the country in which it was issued. Accordingly, it has nothing to do with the acquisition of real estate.

The law does not prohibit a foreigner from purchasing or selling real estate and immediately leaving the country. Therefore, it is only permissible to have documents confirming the right to stay on the territory of the Russian Federation. It could be:

• Resident card.
• Temporary residence permit.
• Work permit.
• Migration card.
• Visa.

These are all the necessary documents that a foreign citizen - buyer of real estate will need if he acts in his own interests.

If he implements it

A foreigner selling an apartment will need additional documents for the apartment. Their list includes:

1. Title papers (certificate of inheritance, purchase and sale agreement, exchange, donation).
2. Certificate of state registration of ownership of the property.
3. An extract from the home book, which confirms that the seller is registered in this apartment.
4. Explication and floor plan (issued by BTI).

Features of concluding an agreement and its registration

The purchase of real estate is necessarily accompanied by the conclusion of a purchase and sale agreement. This document is drawn up in simple written form in the presence of a notary and certified by him, in accordance with the requirements of the legislation of the Russian Federation.

The purchase and sale agreement must contain:

• Details of the parties.
• Subject of the agreement (description and technical characteristics of the apartment).
• Price.
• List of persons indicating rights to use the apartment.

Before signing the agreement, the parties need to carefully read it and study the terms of the transaction.

In particular, you should pay attention to the following points:

• Is there a clause in which the seller declares the absence of encumbrances on the property.
• Does the contract stipulate that the seller will vacate the living space after the transaction is concluded?

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After signing the agreement, the transaction is considered concluded, but it acquires legal force only after state registration. This can be done at the local real estate registration authority or at a multifunctional center (you can find out more about registering property rights during a purchase and sale transaction here). Both parties to the transaction must be present during registration.

After registering the purchase and sale agreement and signing the deed of transfer of the property, the parties can proceed to settlement.

Nuances of calculations

Settlement of a transaction involving foreigners is no different from a similar process for Russian citizens. At the same time, the stage of transferring money is the most responsible and difficult. The settlement procedure is determined by the parties to the transaction. Typically used:

• Bank safe deposit box. One of the most popular methods. The buyer places the amount necessary to purchase the property in the box and, after completing the transaction, transfers its contents to the seller. It is important to pay attention to two aspects here: carefully study the conditions for opening a safe deposit box and take care of a reliable way to verify the authenticity of banknotes.
• Bank letter of credit. The most modern method of payment, the guarantor of which is the bank. It has only one drawback - the need to pay for the services of a guarantor bank. In addition, not all banks provide such services.
• Simple cash or non-cash payment between seller and buyer. We strongly do not recommend this method, as there is a high risk of being deceived.

Due to the complexity of the procedure and the fairly high cost of real estate transactions, it is one of the most favorite areas for fraudsters. There are dozens of different ways to deceive customers. Therefore, we recommend using the services of lawyers to confirm the purity of the transaction.

Duty

As mentioned above, the costs of completing the transaction are usually borne by the buyer.

The time frame for Rosreestr to carry out the necessary actions to register real estate depends on the method of submitting documents:

• Up to 7 days if the package was transferred directly to Rosreestr.
• Up to 9 days if documents were submitted to the MFC.
• Up to 2 days if documents were transmitted electronically.