What is fictitious registration of foreign citizens and what can be the responsibility for it?

Foreign citizens coming to the Russian Federation for long-term residence and earnings must register at their place of stay. Evidence of legality is a stamp in the passport indicating the registration address, which must coincide with the address where the migrant is actually located. Otherwise, it may be considered fictitious. Violation of this rule threatens the expulsion of the migrant from Russia with the subsequent imposition of a ban on entry into the country for a period of 3 to 10 years. But not all migrants can obtain registration legally. In this case, some companies, as well as homeowners, offer to register a migrant in their living space using false documents and without granting the right to live there for a monetary reward. This is how fictitious registration of foreign citizens occurs.

What is fictitious residence permit (registration) of foreign citizens?

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• Each case is unique and individual.
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The concept of fictitious registration (aka fictitious registration) is not disclosed in Russian legal terminology. Neither the criminal nor the administrative code establish criteria for determining the illegality of registration. The objective side is characterized by the provision of false information. The subjective part presupposes direct intent.

Important! Registration and registration are the same thing, only the word “registration” is used in everyday life, and the term “registration” is used in legislative and executive documents.

According to Federal Law No. 5242-1, fictitious registration includes the following actions:

• registration of a citizen who has citizenship of another country in a residential building without providing him with the opportunity to live at the address indicated in the document;
• provision of false documentation required for registration to the migration service authorities.

An offense can be committed both by the owners or tenants of housing themselves, and by officials for material reward. All established facts of obtaining registration by illegal means fall into this category of offenses.

For many owners of apartments and houses, this becomes a kind of business. There are a lot of people who want to register. After all, its presence presupposes the receipt of many benefits that citizens of the Russian Federation enjoy. This includes official employment, obtaining a medical insurance policy, and admission to universities.

This is what a certificate of temporary registration of a person who arrived in the Russian Federation from another country looks like.

Important! It is not necessary that a citizen receives a fictitious registration with malicious intent. This can happen accidentally, for example, when contacting dubious companies. But in 90% of cases, illegal migrants know that they are committing an offense.

How is the verification process carried out?

Only a judicial authority has the right to recognize a registration as fictitious. The basis for opening a case is a statement from an employee of the Migration Service or a local police commissioner. But often the initiators are vigilant neighbors.

After reviewing the application, the FMS employee performs the following actions:

• checks the actual stay of the migrant at his place of registration;
• finds out how many citizens are actually registered in a residential area using the all-Russian database;
• asks neighbors about the actual residence of these citizens, checks their place of work;
• checks registration documents;
• if necessary, interviews all persons living in the premises.

If a FMS employee suspects that a foreign citizen has provided false documentation or false information during registration, then a request is sent to the internal affairs bodies of the Russian Federation to clarify and verify the authenticity of the information. Next, an investigation is carried out, and either the case is sent to court, or if there is no evidence of a crime, the investigation is terminated.

This is how the migrant’s documents are checked.

Responsibility for changing place of residence

What liability is provided if the IG does not live at the place of registration?
Foreign nationals have the right to freedom of movement if all requirements for registration at the place of residence are met.

The law does not stipulate clear periods for which an IG may be absent from the place of residence indicated in the registration.

That is, in the territory of the region or region where the IG is registered, he can move and live unhindered (Law No. 115-FZ, paragraph 1 of Article 11, Law No. 109 - Federal Law).

However, at the same time, paragraph 2 of Art. 11 Federal Law No. 115 states that foreigners do not have the right to change their place of residence at their discretion.

The place of residence of an individual is considered to be the residential premises at which he is registered with the Federal Migration Service (clause 3, clause 1, article 2 of Federal Law No. 109). It turns out that an Islamic State’s long stay outside its place of residence is a violation of the law.

What are the penalties for living outside the place of registration of foreign citizens? In case of proof of the fact of a long-term absence (more than seven days) of a foreigner from his place of residence (check by the Federal Migration Service, testimony of neighbors), he may be held accountable under Part 1 of Art. 118.8 Code of Administrative Offences.

Violation faces a fine (from two to five thousand rubles) . A repeated violation will be added to the fine followed by a ban on entry for up to five years.

Types of punishment

Although there is no such concept as fictitious registration in Russian legislation, this does not mean that one should not be held accountable for it. Violations may result in administrative and, in some cases, criminal penalties.

Several parties will be held accountable for the offense committed. These are officials who allowed the registration of illegal registration, using their official position. A wide range of people can be held criminally liable. These may be the owners of sanatoriums, hotels, medical institutions, and employees who registered illegal immigrants in these residential premises. This also includes any owner or tenant of living space who registers one or more persons on the square meters of his apartment or household. The foreigner himself is also charged.

Note! Registration is considered illegal only if there is evidence that the official is aware of the crime he is committing.

If previously in judicial practice only administrative punishment was applied, namely a fine for fictitious registration of foreign citizens, then from 2013 to the present, criminal liability has also been imposed. Such measures had to be applied due to the huge flow of illegal migrants pouring from nearby countries due to the unstable economic and political situation, as well as due to military operations. Which led to the emergence of private companies that process registration for newly arrived migrants illegally and at great expense.

The legislation of the Russian Federation contains an article that provides for punishment for the illegal registration of migrants in residential premises, and the illegal registration of such persons with the Federal Migration Service. This is article 322.2 of the Criminal Code of the Russian Federation.

Administrative punishment

Administrative penalties for fictitious registration are discussed in the following table:

Criminal liability

In the Criminal Code, liability for illegal registration of foreigners is regulated by Article 322.2 of the Criminal Code of the Russian Federation. And also Article 327 of the Criminal Code of the Russian Federation, which deals with the production and sale of counterfeit documents.

Administrative and criminal penalties include:

1. Penalties. For the illegal registration of a person who is a citizen of a foreign state and does not have Russian citizenship, the law provides for a fine of 100,000 to 500,000 rubles or the person’s income for 3 years. Moreover, the migrant will be charged a fine of 5,000 rubles, and the person who registered him will be charged 100-500 thousand.
2. Forced labor for up to 3 years.
3. Imprisonment up to 3 years. The crime also includes giving a bribe for illegal actions.

Important! A person who has committed such an offense is entitled to a reduced sentence if he cooperates in the investigation process.

Temporary registration

The property rights regime allows the owner to independently determine the conditions for the entry and registration of other citizens. If registration at the place of residence provides for the emergence of a permanent right to use housing, then temporary registration is characterized by the following features:

• with temporary registration, the owner himself determines the period for which the residential premises are provided - as soon as this period expires, the registration will be canceled automatically;
• temporary registration gives rise only to the right of residence, so the owner is not threatened with loss of property or forced eviction;
• the basis for temporary registration may be a lease agreement, an application for the provision of housing for a certain period, etc.

Note!

Regardless of the status and citizenship of temporary residents, registration will be handled by units of the Ministry of Internal Affairs. However, the grounds for registration will differ significantly.

When moving in a citizen of the Russian Federation on a temporary basis, the owner only needs to submit an application to the migration department of the Ministry of Internal Affairs. The application shall indicate the following information:

• information about the copyright holder, details of title documents for real estate;
• information about temporary residents who are registered in the apartment;
• consent to temporary accommodation and registration at the place of stay;
• the period for which the registration will be issued;
• date and personal signature of the owner.

You can submit such an application not only during a personal visit to the Ministry of Internal Affairs, but also through the government services portal.

For foreign citizens, the process of temporarily moving into housing will be much more difficult. In this case, you need to take into account the rules of migration registration and movement within the territory of the Russian Federation. Foreigners can stay in Russia only on the basis of permits - tourist, work, guest and other types of visas. Only with such a document will the temporary provision of housing be recognized as legal.

In addition, when temporarily registering foreigners and stateless persons, the following legal requirements are required:

• a foreign citizen who has entered the territory of the Russian Federation is required to register with the migration department of the Ministry of Internal Affairs - this is given no more than 3 days;
• if the initiator of the foreigner’s visit was a Russian, he is obliged to provide accommodation and register the guest - the migration department must be notified of the foreigner’s arrival no later than 7 days;
• If a migrant worker or a foreign citizen with a different status moves in under an agreement, registration will be issued only for the rental period - the owner must also notify about the conclusion of such an agreement within 7 days.

Note!

If a foreigner who does not have any visa at all moves in temporarily, the provision of housing may be considered an administrative offense or a criminal offense.

Thus, when a foreigner temporarily moves in, it is necessary to immediately check the document confirming the legality of his stay in Russia. Only if you have a visa, work permit and other similar form, you can draw up a lease agreement and submit an application to the migration department of the Ministry of Internal Affairs.

What are the consequences of temporary registration for the owner? If we are talking about loss of property rights, then the owner is not in danger:

• a temporary resident registered at the place of stay acquires only a limited right of use;
• even if the tenant stops communicating or does not appear in the apartment, the registration will be canceled automatically;
• If the tenant refuses to leave the apartment after the registration is cancelled, it will not be difficult to evict him.

These rules apply to both Russian residents and visitors from foreign countries. If the foreigner has everything in order with his documents and has completed migration registration in a timely manner, he can be safely registered in the apartment with the conclusion of a lease agreement. If you notify migration authorities in a timely manner about your move-in and registration, you don’t have to worry about fines or inspections by the Ministry of Internal Affairs.

However, the owner cannot avoid certain adverse consequences if he does not comply with the law and also does not control the behavior of temporary residents. Let’s look at the consequences of temporary registration for the owner of an apartment, depending on various circumstances.

Temporary registration: what threatens the apartment owner

Although it is impossible to lose an apartment during temporary registration and move-in of citizens, the owner may face the following problems:

• untimely payment for housing and communal services can lead to the formation of debt and suspension of the supply of resources - it is almost impossible to collect such debts from a temporary tenant even through the court;
• violation of the rules for the use of residential premises and the legitimate interests of neighbors may result in fines, and in the case of the most serious offenses - forced seizure of the property and its sale at auction;
• lack of control over residents can lead to violation of the intended use of the apartment - for example, illegal trade in alcohol or drugs can result in complicity in a crime.

Note!

The list of risks also includes the obligation to pay taxes when renting out housing. However, many owners avoid such obligations, since the Federal Tax Service does not fully control the rental of real estate.

Most of the listed risks can be easily avoided if the contract is drawn up correctly, as well as ongoing monitoring of the guests’ accommodation. For example, you can check monthly the fact of payment for housing and communal services or take these expenses into account in the rent. For the first violation of the rules of residence, you can demand termination of the contract. It is better to clarify all these nuances with a professional lawyer before concluding a contract and actually moving in.

Temporary registration of a child: what the owner faces

What are the consequences for the owner of temporary registration of a child? It is generally accepted that any move of minor children into an apartment, even on a rental basis, significantly complicates the procedure for forced eviction. In fact, no serious problems will arise with the temporary registration of children. Registration at the child’s place of residence through the Ministry of Internal Affairs will also be canceled upon expiration of the period previously agreed upon with the owner.

When moving in and registering children, you need to take into account a special rule. Even after concluding a lease agreement and providing living space to one citizen, you cannot prohibit him from moving in and temporarily registering members of his family - his spouse and children. Therefore, in fact, instead of one tenant, you can get a large family with small children. This does not pose a threat to property rights, and the only significant drawback will be the increased consumption of utilities.

Temporary registration of foreign citizens: what threatens the owner of the apartment

The most serious consequences may occur when foreigners move in and register. Depending on the situation, the following penalties may apply:

• for fictitious registration of a foreigner at the place of stay, a penalty will be imposed;
• administrative liability arises if you fail to timely notify the migration service of the Ministry of Internal Affairs about the fact of concluding a lease agreement and registering a foreigner;
• according to the Code of Administrative Offenses of the Russian Federation, it will be punishable to miss deadlines for providing housing to a foreigner invited to Russia by the owner of the apartment;
• a separate punishment will follow for untimely extension of temporary registration.

Note!

You should not expect any threats to the ownership of an apartment from temporary residents. The law guarantees that registration at the place of residence will not entail the loss of property rights.

Criminal liability for fictitious registration of foreigners was introduced in 2013. Signs of fictitiousness will be the submission of knowingly false information or documents to the Ministry of Internal Affairs or the provision of registration without the intention of actual occupancy. Most often, owners who allow mass registration of foreigners without visas are punished under this article. If a violation is proven, the owner may receive a criminal record with a fine (from 100 to 500 thousand rubles) or imprisonment for a term of 3 years.

The size of administrative fines will also negate all income from renting out the apartment. For example, for violating the terms of renewal of registration, the sanction will range from 2 to 7 thousand rubles. For violation of the procedure for notifying migration authorities about the temporary provision of housing to foreigners, the fine will be up to 4 thousand rubles. For foreign citizens themselves, such a violation will entail forced departure outside the Russian Federation.

Punishment for the owner or tenant of residential premises

The receiving party that offers its illegal services faces liability for fictitious registration of foreign citizens. Initially, owners of residential space are fined or assigned community service, that is, articles of the Code of Administrative Offenses are applied. Legal entities or ordinary citizens who have already received administrative penalties for such an act, but continue to engage in illegal activities, are brought to criminal liability.

It’s a paradox, but the owner of an apartment or house where a migrant previously lived and was registered can receive punishment. This is possible if a temporarily registered tenant moves out, and the owner or tenant of the premises does not apply to the FMS to deregister him. After the expiration of the temporary registration, it is automatically canceled, and the owner, through the court, will be forced to pay a fine or be forced to perform corrective work.

Punishment for fictitiousness

Fictitious registration of foreign citizens arriving on the territory of the Russian Federation is a very common phenomenon. Thus, many Russians are trying to make money by registering in their apartment a countless number of people who have not been at their address for a single day. Such earnings are illegal because violators do not pay taxes. In this regard, preventive measures for such actions have been tightened.

The liability provided for fictitious registration now includes not only a fine, but also criminal proceedings. In general, the law provides for the following types of penalties for fictitious registration:

• Fine from one hundred thousand rubles to three million or in the amount of wages for three years;
• Forced labor;
• Detention;
• Prohibition on the provision of a number of positions.

Speaking about detention, it is worth saying that there are no clearly established rules regarding who will be detained - foreign citizens or owners who have issued fictitious registration at home. Often this responsibility falls on the homeowners. However, to do this, law enforcement agencies need to prove that the accused violated the law intentionally.