Why should a foreigner register in the Russian Federation?
The need for registration of foreign citizens arises depending on the length of their stay on the territory of the Russian Federation. So, according to the general rule, if a foreign citizen does not plan to stay in Russia for more than one week, then there is no need for registration .
Staying for a longer period obliges the foreigner himself, if he arrived on his own, as well as the person receiving him, if he arrived by invitation, to obtain registration records at the local branch of the migration service. Failure to comply with this procedure for the temporary registration of a foreign citizen at the place of stay entails the imposition of administrative sanctions.
The receiving party is the one at whose residential address the foreigner is registered.
Upon their first stay, foreigners are registered for up to 90 days, after which they are required to leave the country.
But it can be extended by officially issuing the documents established by law for staying in the country:
- labor patent (allows you to extend the registration period for the duration of such a patent);
- permission to reside temporarily (of course this is registration for up to three years);
- residence permit (is a separate document identifying a foreigner, issued by the migration service, which allows the foreigner to be registered).
There are no other ways to extend the registration period by more than three months.
Thus, it becomes clear that registration for a period of up to three months, subject to a stay in the country of more than a week, is an obligation of a foreigner, and extension of this period is a right.
Registration of citizens at the place of stay
When registering at the place of residence, the consent of the owner of the residential premises is required. The only exception occurs if previously registered parents register their children. All they need is an application and a list of some additional documents.
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When checking into a hotel, the guest will not need to go to local authorities; the hotel administration carries out registration of citizens independently. Upon arrival, the guest provides the following documents:
Types of registration of foreign citizens in the Russian Federation
The law identifies only the above types of registration of a foreign citizen in Russia. However, according to practical features, the following categories can be identified:
- Hotel registration is carried out at the hotel where the foreigner lives during his stay in the Russian Federation. The period of such registration cannot be more than one month.
- Migration registration is carried out by the migration service department based on the submitted notification of stay by the receiving party or by the foreigner himself. The maximum registration period is 90 days.
- Permission to reside temporarily is given by the migration service in case of quotas, as well as outside the quota procedure if there are grounds specified in the legal acts. The period of such registration does not exceed three years.
- Residence permit – also issued by the migration service, allows a foreigner to move freely throughout the territory of the Russian Federation, work, etc.
- A work permit is a special type of registration that is not limited by strictly established deadlines. Registration in this case is carried out in accordance with the migration registration procedure for the period of validity of the work permit document.
Thus, foreign citizens have ample opportunities to stay in Russia and obtain official employment. In fact, Russian legislation equally favors both its citizens and foreigners, with the exception of the political rights of the population.
Registration of Foreigners at the Hotel 2020
Citizens of Belarus, Armenia, Kazakhstan and Kyrgyzstan (citizens of EAEU countries) can apply for initial registration under an employment contract for a period of up to 1 year. That is, if they have a valid employment contract, then the permitted period of stay is extended for the duration of the contract, but not more than 12 months.
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By timely and correctly registering guests at the hotel, you will avoid significant sanctions. For errors when registering a foreigner, a legal entity faces a fine of up to 500 thousand rubles (Article 18.9 Part 4 of the Administrative Code). For violations when registering a Russian citizen - up to 750 thousand rubles; for Moscow and St. Petersburg the amount varies from 300 to 800 thousand rubles (Articles 19.15.1 and 19.15.2 of the Administrative Code).
Laws
The array of legislation regulating the legal status of foreign citizens, as well as the procedure for registering a foreign citizen in Russia, is quite wide.
The main ones are considered to be:
- Federal Law No. 109 “On migration registration...”.
- Federal Law No. 110 “On the legal status...”.
- Federal Law No. 114 “On the procedure for entry and exit...”.
- International agreements of the Russian Federation (important depending on the country of origin of the foreign citizen).
- RF PP No. 9 of January 15, 2007 “On the procedure for migration registration...”.
- FMS Order No. 321 “On the procedure for making decisions...”, etc.
In addition, a mandatory rule for registering foreign citizens on the territory of the Russian Federation is their medical insurance by local insurance companies. This decision was made on February 28, 2011 and is a guarantee of the provision of medical care to foreigners in public and private medical institutions in Russia.
The main authorized body responsible for registering foreign citizens at their place of residence in Russia is the Department of the Ministry of Internal Affairs for Migration Issues (GUVM), which previously acted as a separate federal structure and was called the Federal Migration Service.
In general, legislation in this area is constantly being improved and changes are made almost every year. For example, the latest changes to the legislation on the legal status of foreign citizens were introduced in 2020, and changes were made to the legislation regulating the procedure for entry and exit from Russia in 2020.
Is it possible to make a temporary registration in the apartment for 2020?
- for citizens of the Russian Federation, the cost of the service varies from 500 rubles. for three months up to 4,500 rubles for 1 year. The maximum period of registration is 5 years. As a result, registration for 5 years at the maximum cost will cost 22,500 rubles. (4500*5 = 22,500 rub.).
- for citizens of the CIS or a state that has a visa-free regime with Russia, the cost of the service will be from 500 rubles. for three months and up to 4,500 rubles for 1 year. For 5 years, the maximum amount is similar to the conditions for registration of citizens of the Russian Federation - 22,500 rubles.
- citizens of a state with which Russia has a visa regime, the cost of the service will be from 1000 rubles. for three months up to 10,000 rubles per year. Registration at a maximum cost of 50,000 rubles. (10,000*5=50,000).
- amendments under No. 163 (06.27.18), which were introduced to the Law on Migration Registration of Foreigners and Stateless Persons on the Territory of the Russian Federation;
- Resolution No. 9 with the appropriate title;
- Order of the Ministry of Internal Affairs No. 881 on approval of the Administrative Regulations for the provision of public services for registering foreigners.
Is it possible to register at a hotel, how to do it
According to the procedure for migration registration of foreigners in Russia, when such persons stay in hotels, their registration at the hotel is carried out by the administration of the relevant institution. That is, a foreigner does not have to visit the migration service office and receive the detachable part of the notice of stay .
However, the period for such registration of foreign citizens in a hotel is limited to the period during which the foreigner will stay in the hotel, but not more than one month. In this case, the detachable part of the stay notice remains with the foreigner and is confiscated from him when the type of registration changes or when he crosses the customs border of the Russian Federation.
It is not necessary to deregister such citizens. Their official stay in the country automatically terminates at the end of the period for which registration was issued. In this case, the foreigner loses the right to stay in Russia from the moment of leaving the hotel.
In such a case, the foreigner must either leave Russia or find another place of residence and register at the appropriate address - register with the migration authorities. Violation of this rule leads to the imposition of an administrative fine on the foreigner himself. These rules mainly apply to tourists.
In turn, the hotel administration is not responsible for violations of the foreigner’s stay regime. Exceptions are those cases when the hotel administration did not register a foreign citizen with migration registration in accordance with the procedure specified by law.
In addition, such registration is valid only within the relevant administrative unit. For example, if registration was issued in Moscow, then a foreigner cannot stay in St. Petersburg on the basis of the same registration. He needs to register again.
Problems of migration registration in a hotel
Since 2002, in accordance with the Decree of the Government of the Russian Federation dated July 17, 1995 N 713 (as amended on May 25, 2020) “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation and the list of persons responsible for the reception and transmission to the registration authorities of documents for registration and deregistration of citizens of the Russian Federation - only BY PASSPORT:
- ! It is necessary to provide scans of documents of foreigners (all pages of the passport (in some regions), migration card, residence permit, APEC card, fan passport) when registering (unlike citizens of the Russian Federation) (Government Decree No. 9, clause 28);
- ! It is necessary to provide detachable parts of notifications if the foreigner was previously registered in another place;
How can an owner register a foreigner in his apartment?
Until 2011, in order to register any foreigner at his place of residence, he had to be the owner of the specified residential property. However, in 2011, some changes were made to the legislation, according to which not only the owners of residential premises, but also other citizens of the Russian Federation, registered at the appropriate address in the prescribed manner, began to have this right.
In general, to register a foreign citizen in your apartment, the procedure is as follows:
- Upon arrival, the foreigner must make an appointment at the migration service department. You need to clarify in advance what days the department accepts immigration registration questions. There is no need to worry about missing a week's stay without registering. If the reception deadlines and the end of the weekly period do not coincide, the migration service itself bears all responsibility.
- You need to submit to the migration service the guest’s passport, your passport, as well as a migration card, which the foreigner fills out and receives a stamp of arrival when crossing the customs border (this is an exhaustive list of documents for initial registration). You must also indicate the address where the receiving person lives.
- Next, you need to fill out a notification form about the arrival of a foreign citizen in your own hand (in some branches you fill it out on a computer).
- The service employee, having checked all the submitted documents, fills out the detachable part of the notification and puts stamps on both parts of the form. The fields for the period of stay are filled in by hand and signed by the responsible employee.
The detachable part is transferred to the foreigner and is the main document indicating the legality of his stay in Russia. This is the general procedure to register a foreigner.
The legislation establishes the obligation of a foreigner to give notice to the relevant office upon departure from Russia. However, no sanctions are provided for this, so the notifications are withdrawn simply upon crossing the customs border.
Features of registration of citizens of different countries
The features of registration of foreign citizens differ depending on their country of origin. In accordance with the differences in the registration procedure for foreign citizens, they can be divided into the following groups, depending on their country of origin:
- CIS countries - citizens of these countries can enter Russia without a visa, having a so-called “round stamp”, which is issued by authorized bodies in their country of residence. However, the rest of the order is general.
- Countries of the Customs Union - they also enter the country without a visa, but they can stay here without migration registration for 30 days.
- Countries with which the Russian Federation has bilateral agreements on migration issues are Armenia, Belarus, etc. In each case, the specifics depend on the provisions of the agreement.
- The rest of the countries of the world whose citizens require a visa, and the procedure for their registration is general.
However, in any case, to extend the general period of migration registration, foreigners must have appropriate grounds. In this regard, the state does not have the right to establish discriminatory norms, since the generally recognized rules of international law do not allow this.
Organization of migration registration in a hotel
At the same time, when making decisions, the courts, taking into account the financial situation of organizations, the nature and degree of public danger of the administrative offense committed, often significantly reduce the amount of fines. Thus, the Supreme Court of the Russian Federation, in resolutions dated February 11, 2016 No. 9-AD16-3, No. 9-AD16-4, No. 9-AD16-5, recognized the legality of reducing the fine from 400 to 200 thousand rubles.
Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for the implementation of migration registration of foreign citizens and stateless persons in the Russian Federation;