A wife, a husband (married) and a minor child are registered at the same address in the Russian Federation. The wife applies for de-registration for the purpose of moving abroad. The Federal Migration Service issued the following refusal: the Federal Migration Service requires you to include your minor daughter in the application for de-registration. Questions: 1. Can the Federal Migration Service refuse to de-register on the basis of co-registration with a minor child? On the basis of which law? Is second parent’s consent required? In case the consent is required, what kind of consent shall it be?
First of all I would like to say that in case of moving abroad (even for permanent residence) de-registration is not required. In case you want to de-register, the mother is entitled to de-register without the child in case the child remains registered with the father (a minor child’s residence is a place of residence of his/her parents or any of them – Art. 20 part 2 of the Civil Code of the Russian Federation). Second parent’s consent for departure from the Russian Federation (including departure for permanent residence) is not required but he/she may declare his/her disagreement, in this case the dispute is subject to legal proceedings. Second parent’s consent may be required for the purpose of obtaining an entry visa to a foreign country in accordance with national laws of such country.
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