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.

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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.

Registration of foreigners: didn’t understand, didn’t know and paid a fine

MINSK, August 3 – Sputnik.

Italian citizen Marcello M. paid more than 200 euros in fine for violating the rules of staying in the country. He came to OGIM to register on the 8th day of his stay in Belarus. He has a pregnant Belarusian wife, and during the first week of their stay in the wife’s homeland, M.’s family went to see doctors.

The Ministry of Internal Affairs will allow foreigners to stay in Belarus without registration for up to 10 days

“I believe that this was not my mistake. Upon entering Belarus, I asked the border guard what I should do with my migration card. He said: if I stay in Belarus for more than five days, I must register. But he didn't tell me that I had to do it in the first five days. So I went to the migration office when I could, and they told me that I had broken the rules and had to pay a fine,” Marcello said.

A married couple, citizens of Israel, flew to Belarus to visit relatives for a week. On the eve of the trip, we checked with the Belarusian embassy in Tel Aviv about the rules of entry and stay. They were told that visas to Belarus were no longer needed, but they did not remember about registration. They were saved from a fine by one of their vigilant relatives, who heard the story of the injured Italian.

The Citizenship and Migration Department of the Central District Department of Internal Affairs is always crowded

Foreigners who currently enter Belarus under the visa-free regime do not yet find themselves in such situations. They can stay in the country without a visa for five days, and the law allows foreign tourists to be in the country without registration for five days. But what will happen if the period of the visa-free regime is increased? Representatives of the Ministry of Sports and Tourism have recently repeatedly voiced the idea of revising the visa-free period.

Read also:

Belarus and the EU are again negotiating visa facilitation

Five days

Currently, if a foreigner stays at a hotel, he is registered by the hosting party. If he goes to visit friends or acquaintances or rents housing and plans to stay in Belarus for more than five days, then he must contact the territorial unit for citizenship and migration and fill out an application, as well as pay a fee of 23 rubles. Moreover, it must arrive within the first five days.

“In accordance with the Law of the Republic “On the Legal Status of Foreign Citizens and Stateless Persons in the Republic of Belarus,” foreign citizens are required to register with the registration authorities within five days, with the exception of Sundays, public holidays, and holidays established by the President of the country. That is, if today, for example, is August 1, then the deadline for registration will be Saturday, August 5. Let me emphasize that both Saturday and Monday are considered as days for registration,” Irina Ageeva, deputy head of the citizenship and migration department of the Central District Department of Internal Affairs of Minsk, told Sputnik.

Deputy Head of the Citizenship and Migration Department of the Central District Department of Internal Affairs of Minsk Irina Ageeva

Of the 230 foreigners who violated migration laws in the Central District of Minsk this year, the vast majority - about 200 people - had problems with registration. Of these, only about a third knowingly broke the law.

“There is a problem. Many foreigners are visiting the country for the first time. Therefore, violations in terms of untimely registration, unfortunately, do occur. Plus Monday, which in our service is a day off,” explained Vadim Zaboronok, head of the department of citizenship and migration of the Ministry of Internal Affairs of Belarus.

Schengen for Belarusians may fall in price to 35 euros as early as 2018

Monday's day off at OGIM is a trap into which respectable foreigners often fall. They honestly come to register, but they can’t. However, such foreigners, according to Zaboronka, are not punished. The department made a special clarification for the territorial departments: if a foreigner came on Monday, which is the fifth day of his stay in Belarus, knocked on the door, but it was closed, it means that there was no intent to commit an offense, and this means that the foreigner should be held accountable when he contacts Tuesday you're welcome.

The second trap is Saturday, which inattentive guests consider a day off, and the Belarusian rules for foreigners consider it a working day. That is, for example, foreigners who come for a week - from Sunday to Sunday - to visit friends will still have to visit OGIM.

For violation of the rules of stay for foreigners, liability is provided in the form of a warning, or a fine of up to 50 basic units, or deportation. The receiving party also faces a warning or a fine of up to 20 basic units. How to punish is decided by the head of the internal affairs agency in whose territory the foreigner was caught.

According to representatives of the Ministry of Internal Affairs, a number of factors are taken into account: the person came on his own or was found; he was a day late or showed up six months later. The identity of the foreigner, the degree of guilt and other circumstances are taken into account.

Head of the Department of Citizenship and Migration of the Ministry of Internal Affairs of Belarus Vadim Zaboronok

At the same time, a discount for “I didn’t know” is given in rare cases. The Ministry of Internal Affairs believes that there is enough information about the rules of stay in the country and the need to register to avoid breaking the law.

You need to read the laws

It is normal practice to inquire in advance about the laws of the country you are traveling to: open the Internet or ask the host to clarify the rules of stay, all Sputnik’s interlocutors agreed, including foreign guests and representatives of the Ministry of Sports and Tourism. True, in the “Tourism” section on the English version of the Ministry of Internal Affairs website there is not a word about registration, only about the need to have health insurance.

The English version is being finalized, Zaboronok explained. But all information is available in Russian, and the receiving party, who is responsible for the guest, can familiarize themselves with it. Foreigners receiving Belarusian visas are also warned at embassies about the need to register if they are staying in Belarus for more than five days, said a representative of the Ministry of Internal Affairs. But the Israeli family, who specifically called the Belarusian embassy to clarify the nuances of being in Belarus, was not warned.

“In addition, citizens of foreign countries, with the exception of Russia, fill out migration cards when crossing the state border, on which the reverse side indicates the need to register within five days in two languages, Russian and English. Plus, we are now developing information stands and leaflets that may be distributed on airplanes and when crossing the border by employees of the State Border Committee. They will be compiled in five languages, not two,” Zaboronok said.

A foreigner who arrived in Belarus on a private visit must contact the Department of State Traffic Safety and Migration within 5 days

Both the Italian M., who paid the fine, and the Israeli family, who almost paid the fine, filled out these cards. Perhaps they simply did not pay attention to the text on the back, in small font, entitled “Attention”. Point 4 is precisely that “a foreigner who arrives in the Republic of Belarus is obliged to register with the registration authority at the place of actual stay within five days.” The text is typed in two languages.

If foreign tourists suddenly pour in

In less than six months of the visa-free regime, more than 36.5 thousand foreigners entered Belarus. Most often, citizens of Germany, Poland, Italy, the USA, Britain and France used the visa-free regime.

Ministry of Internal Affairs about new passports: it will not be a shame to show abroad

“As for violations, we can note a small number of them. Since February, we have brought 140 people to administrative responsibility for violations of migration laws who stayed in the country for more than five days. Plus, several hundred more people came on their own - before the visa-free regime expired. They had good reasons - flight rescheduling, illness, and so on. In this regard, more than 220 exit visas were issued due to the need for foreigners to stay in the country for more than 5 days, and they were not held accountable. But in any case, out of 36 thousand, 140 people are violators - this is a minuscule number,” Zaboronok noted.

That is, according to the representative of the Ministry of Internal Affairs, the visa-free regime does not yet pose a serious threat to law and order.

Representatives of the Ministry of Sports and Tourism, meanwhile, are already beginning to talk about the advisability of increasing the period of the visa-free regime to 10 days. Five days is not enough even for sightseeing. If there were more of them, national parks and sanatoriums could be offered to foreigners.

“A standard trip is 12 days. In 5 days you can undergo only a minimal examination. We see now how willingly the same Poles come to us for examinations. That is, we can say that if a person wants to undergo a full examination, then we can significantly increase the receipts of the same money. Moreover, a person can come to a sanatorium for specific procedures, take his wife and child with him, and they will not be bored there. There will be a spa for the wife, which was not the case before, and a children’s holiday for the child,” said Vitaly Gritsevich, Deputy Department of Tourism of the Ministry of Sports and Tourism.

The Ministry of Internal Affairs believes that there is enough information about the rules of stay in the country not to break the law

A tourist who comes purposefully to a sanatorium, even if the “visa-free” period is extended, will not have problems with registration. Sanatoriums, like hotels, themselves submit data about their guests to the Ministry of Internal Affairs. Problems can only arise for savages who want to travel around Belarus on their own.

But they may not arise if the registration procedure is changed before the authorities decide to increase the visa-free period. The Ministry of Internal Affairs has already prepared a bill on amendments and additions to the Law on the Legal Status of Foreigners, which provides for increasing the period of stay without registration in Belarus to 10 days.

MFA: Belarus is ready to simplify the visa regime with Europe

“This bill goes on its own and has nothing to do with the visa-free regime. We have been working towards this for a long time. The only question was the number of days. As a result, at this stage they agreed on 10 days. In addition, we plan to introduce an electronic registration procedure through a single electronic services portal. That is, a foreigner came to the country, filled out the prescribed form, where he indicated his data, the expected period of stay in the country, residence address, and that’s all,” said Vadim Zaboronok, head of the department of citizenship and migration of the Ministry of Internal Affairs of Belarus.

Moreover, it is assumed that registration through a single portal of electronic services will be free. All these innovations could become a reality as early as 2020; they are in the plans. But foreign guests will definitely have the opportunity to stay in the country for 10 days without visiting a health center next year.

However, the Ministry of Internal Affairs is not ready to completely abandon this procedure.

“Due to the need to ensure national security and implement migration control, we do not plan to abolish this procedure yet. The practice of registering foreign citizens exists in many countries, including the European Union. In addition, we learn from the mistakes of others and see what excessive liberalization of migration policy leads to,” explained the Ministry of Internal Affairs.

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.

If the registration of a foreign citizen is expired

Advice from lawyers:

1. Will the person who registered be fined for expired registration of a foreign citizen?

1.1. Hello! No. No fines. In accordance with Article 322.2. Of the Criminal Code of the Russian Federation, fictitious registration of a citizen of the Russian Federation at the place of stay or at the place of residence in a residential building in the Russian Federation, as well as fictitious registration of a foreign citizen or stateless person at the place of residence in a residential building in the Russian Federation is punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three years, or forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

Did the answer help you?YesNo

1.2. Good afternoon, Mikhail! No, they don't fine you. Registration and payment of all duties and payments are made by the foreign citizen himself. And he himself is responsible for expired registration.

Did the answer help you?YesNo

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Calls from landlines and mobiles are free throughout Russia

2. 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?

2.1. — Hello, up to 2 times no more. Good luck to you and all the best.

Did the answer help you?YesNo

2.2. This is the third time you've asked the same question...

Did the answer help you?YesNo

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

3.1. Hello, Ella We don’t know the laws of Azerbaijan. And you write to the Russian site. You need to contact local lawyers. I wish you good luck and all the best!

Did the answer help you?YesNo

4. Is it possible for a foreign citizen with expired registration to fly to his homeland without being banned from entering the Russian Federation?

4.1. If the reason for the delay is valid and the delay is insignificant, there is a chance.

Did the answer help you?YesNo

5. My foreign citizen registration is one day overdue due to my illness. However, I have no information about this. What fine can they impose on me?

5.1. Hello. Fine 5000 rubles.

Did the answer help you?YesNo

6. What are the consequences of overdue registration of a foreign citizen in Russia if he has a valid work patent and employment contract?

6.1. Hello! 1. Violation by a foreign citizen or 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 of stay or residence, transit travel through the territory of the Russian Federation, in 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 dated October 25, 2004 N 126-FZ, dated November 5, 2006 N 189-FZ, dated July 23, 2013 N 207-FZ)

Did the answer help you?YesNo

7. Please, who should pay the fine for overdue registration - a foreign citizen or an understanding party?

7.1. In accordance with Federal Law of the Russian Federation No. 109-FZ “On migration registration of foreign citizens and stateless persons in the Russian Federation,” the receiving party is obliged to register the foreign citizen with migration registration within 7 working days from the moment of arrival of the foreign citizen. The receiving party can register for migration directly at the territorial division of the migration service at the location of the residential premises or by mail by contacting any post office, providing copies of the identity document of the foreign citizen and the migration card. In accordance with the Code of Administrative Offenses of the Russian Federation, for the provision of residential premises in violation of migration legislation, the receiving party is subject to administrative liability with the imposition of an administrative fine in the amount of 2,000 to 5,000 rubles. In accordance with the above-mentioned Federal Law, migration registration is of a notification nature and includes recording information about the place of residence of a foreign citizen, and the receiving party is a citizen of the Russian Federation with whom the foreign citizen actually resides. In this case, the receiving party must only have the right to use the specified premises for residential purposes in accordance with the legislation of the Russian Federation.

Did the answer help you?YesNo

8. The question is what is the amount of the fine for late registration of a foreign citizen in Kaluga if these are not adult children aged 13 and 5 years and the delay is about two weeks, and the mother of the children has just received citizenship and submitted documents for a passport as a citizen of the Russian Federation. Children have a temporary residence permit, but a stamp is not given without registration. Children are citizens of Uzbekistan.

8.1. Hello! Expulsion.

Did the answer help you?YesNo

9. Who fines a foreign citizen for overdue registration?

9.1. Office of the Federal Migration Service and/or Federal Border Service.

Did the answer help you?YesNo

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.