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Questions of registration and citizenship (Russia)

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.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
Karina Duvall
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