A stamp and a couple of rubles are not enough anymore to register you in Russia correctly. Starting from 2014, being registered in virtual flats is considered a legal offense. However, if you do not obviously break the rules, you have at least the law on your side.
Many of the visitors of Russia know the problem: Getting the work permit and Russian Visa was is already a hassle. But now there is even bigger problem arising. At arrival in Russia, they have to register with the Russian local authorities. Otherwise, there would be problems and fines on the border when leaving the country. Some time ago visitors simply used the services of a company providing registrations fast and uncomplicated. They avoided the long queues at the registration office and conveniently received their registration paper. But this has changed now.
Legally it was tolerated, but never allowed to be registered at a "fictitious address". Being registered with such a "virtual flat" became now a legal crime. People or companies providing such registrations can be fined from RUB 100.000 to 500.000 (about 2.000 to 5.000 EURO). Furthermore, there may be an imprisonment for up to three years for such activity. If it can be proved that the person to be registered knew about the "fictitious registration" it also can be fined and treated as guilty.
The registration of a person in Russia was and is still obligatory, but "being simply registered" is not enough anymore. The good news are: Being not registered has much fewer consequences than being incorrectly registered. And there are things you can do to be more on the legally save side. The Russian law says that non-registered migrants may not be fined at all, at least in theory.
What is important to know: It is the duty of the receiving side to register a foreign person in Russia. This can be the inviting person or institution. Usually this is the host or landlord as the place of stay factual counts as the decisive criteria. The good point is that you don't have to go yourselves to the registration office. The landlord should do that. Nowadays the registration can be done easily by public postal service. You are only required to hand over a copy of your passport and migration card you received at the border to Russia to your landlord.
In practice, there are some cases where the foreign person handed over a copy of the passport and migration card to the landlord and was sentenced guiltily for not registering properly. And, there are other court decisions where it was decided that the foreign person should not be sentenced as it provided the landlord with the required documents. As it happens from time to time, reality and legal entitlement are far from each other, doesn't matter that, by law the host or landlord is required the execute the registration of the hosted person. Unfortunately, in fact, you will hear at negotiation stage when renting a flat that the flat can be only rented without registration.
What can you do now to be on the safe side? If the landlord refused the receipt of passport copy and migration card, you would need to document that you fulfilled your obligation. This can be done, by sending passport copy and migration card by registered mail with content list and receipt confirmation. One could think that this is the best way to be thrown out of your flat. However, if you hold a legal binding renting agreement in your hands, this has even in Russia some legal power and you can hope that you cannot be set on the street easily.
Many of the visitors of Russia know the problem: Getting the work permit and Russian Visa was is already a hassle. But now there is even bigger problem arising. At arrival in Russia, they have to register with the Russian local authorities. Otherwise, there would be problems and fines on the border when leaving the country. Some time ago visitors simply used the services of a company providing registrations fast and uncomplicated. They avoided the long queues at the registration office and conveniently received their registration paper. But this has changed now.
Legally it was tolerated, but never allowed to be registered at a "fictitious address". Being registered with such a "virtual flat" became now a legal crime. People or companies providing such registrations can be fined from RUB 100.000 to 500.000 (about 2.000 to 5.000 EURO). Furthermore, there may be an imprisonment for up to three years for such activity. If it can be proved that the person to be registered knew about the "fictitious registration" it also can be fined and treated as guilty.
The registration of a person in Russia was and is still obligatory, but "being simply registered" is not enough anymore. The good news are: Being not registered has much fewer consequences than being incorrectly registered. And there are things you can do to be more on the legally save side. The Russian law says that non-registered migrants may not be fined at all, at least in theory.
What is important to know: It is the duty of the receiving side to register a foreign person in Russia. This can be the inviting person or institution. Usually this is the host or landlord as the place of stay factual counts as the decisive criteria. The good point is that you don't have to go yourselves to the registration office. The landlord should do that. Nowadays the registration can be done easily by public postal service. You are only required to hand over a copy of your passport and migration card you received at the border to Russia to your landlord.
In practice, there are some cases where the foreign person handed over a copy of the passport and migration card to the landlord and was sentenced guiltily for not registering properly. And, there are other court decisions where it was decided that the foreign person should not be sentenced as it provided the landlord with the required documents. As it happens from time to time, reality and legal entitlement are far from each other, doesn't matter that, by law the host or landlord is required the execute the registration of the hosted person. Unfortunately, in fact, you will hear at negotiation stage when renting a flat that the flat can be only rented without registration.
What can you do now to be on the safe side? If the landlord refused the receipt of passport copy and migration card, you would need to document that you fulfilled your obligation. This can be done, by sending passport copy and migration card by registered mail with content list and receipt confirmation. One could think that this is the best way to be thrown out of your flat. However, if you hold a legal binding renting agreement in your hands, this has even in Russia some legal power and you can hope that you cannot be set on the street easily.
About the Author:
Michael Haase is the owner and Managing Director of RUSCONSULT24 a Russia Consulting company based in Moscow. RUSCONSULT24 consults and provides services to foreign companies based in Russia. The services include the outsourcing of bookkeeping, application for work- permits and Russian visa and search for human resources. Visit RUSCONSULT24 at the links above for more information.
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