Russia is changing its citizenship law: will migration from Tajikistan increase?

What is deportation?

Deportation is a special type of administrative punishment that obliges a foreigner to leave the territory of the host country and return to their home state. Expulsion can be carried out voluntarily or under the escort of law enforcement agencies. It is often accompanied by additional punishment in the form of a ban on entry into Russia for various periods.

Deportation is a special case of expulsion.

The term first appeared in France in the 17th-18th centuries. At that time, it meant the expulsion of its own citizens from the mainland to overseas territories. Later it acquired a modern meaning.

Rules for the stay of Tajiks in the Russian Federation

There is a visa-free border crossing regime between Russia and Tajikistan. This means that citizens of the republic do not need to obtain special permission to enter. In a visa-free regime, a Tajik can stay in our country for up to 90 days.

Previously, to formally comply with the law on staying in Russia, it was enough to leave the Russian Federation before the expiration of 90 days in order to return immediately. However, visa-free entry does not allow you to get a job, and this is precisely the main reason for Tajiks traveling to the Russian Federation. Many migrants circumvented legal requirements and worked illegally.

Now foreign citizens from visa-free countries can stay in the Russian Federation for 90 days within 180. This means that, after spending 3 months in Russia, a migrant must return home for the same period. At the same time, carrying out labor activities is illegal.

For a long stay, you must obtain a temporary residence permit (TRP) or a residence permit (RP).

The first document is issued for a period of up to 3 years and cannot be extended, the second - for 5 years and can be extended an unlimited number of times. Both permits allow you to legally work in Russia.

Another way to extend the period of stay and legal employment is to purchase a patent for employment.

Labor migration develops the Russian economy. However, the goal of the state’s migration policy is to control the implementation of laws. Violation of rules in the field of legalization of stay and employment are the most common reasons for the deportation of Tajiks from the Russian Federation.

Tajikistan is the only state with which Russia has signed an agreement on dual citizenship.

A person who has passports from these countries is considered a citizen of Russia on the territory of Russia, and therefore enjoys all the rights that this status confers. Therefore, the above rules do not apply to him.

The legislative framework

The main reason for holding the migration amnesty was the meeting of the heads of state of Russia and Tajikistan. It was noted that most of the citizens from the southern country live in the Russian Federation on an illegal basis. This negatively affects all participants in legal relations. In this regard, it is necessary to give people who have violated certain norms a chance to restore their status.

Reasons for use

The main thing that needed to be done was to collect a package of documents and submit an application to the authorized body within the allotted time. The government decided that a month is enough for those who really want to extend their right to stay in Russia.

Human rights activists have prepared a resolution for the authorities to regulate the legal status of illegal immigrants living in Russia. It is proposed to make immigration amnesty a tool to compensate for the ongoing population decline. First of all, we are talking about an amnesty for compatriots who have lived in the country for many years, but for various reasons do not have the opportunity to formalize their status. However, human rights activists believe that this is also necessary for migrant workers who, due to imperfect laws, are forced to remain outside the legal framework.

As FPO expert Galina Ragozina emphasized, experts have different views on who should be affected by this amnesty. She herself believes that everyone, but compatriots should have preferences. At the same time, Ragozina recalled that the previously announced “coronavirus amnesty” - the lifting of sanctions against migrants registering - was proceeding with difficulty; some visitors remained outside its scope. “The reason is poor information work and lack of understanding between the top and bottom of the government. Local officials continue to complain about a lack of clear guidelines, forcing them to make decisions regarding migrants at their own risk.

According to official data, there are about 2 million migrants with an irregular status in the country, although, according to experts, their number is, of course, much higher. The majority are simply “afraid to come out of the shadows, so as not to receive a ban on subsequent entry into the Russian Federation.” “Many of them became illegal immigrants involuntarily - due to imperfect legislation or ignorance of it, red tape and violations in local migration services and police agencies, a ban on entry into the Russian Federation in connection with the commission of two minor administrative offenses,” the document says. And even many participants in the state resettlement program who moved to Russia, through no fault of their own, were late in submitting their papers for registration. The illegal sector continues to expand due to the illegal practice of confiscating passports from Russian citizens due to long-standing mistakes by officials.

DUSHANBE, July 25 – Sputnik, Alexey Stefanov. Certain benefits should apply to citizens of Tajikistan, says Konstantin Zatulin, special representative of the State Duma of the Russian Federation on issues of migration and citizenship.

Note. Foreign guests who visited the Russian Federation for the purpose of employment must contact the Migration Service office and apply for the appropriate labor patent. To renew a patent, it is enough to pay the state fee in advance. The cost of the permit is 1600 rubles.

Amnesty for migrants from Tajikistan in 2021

Despite the apparent limited categories of citizens, there were thousands of people in a similar situation. Most often, emigrants from Tajikistan violate the terms of their stay . This is due to various reasons, in particular, lack of funds for a ticket home or the need to be present at the workplace.

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DUSHANBE, December 21 – Sputnik. Tajikistan is offering an amnesty for some of its citizens who are denied entry into Russia due to minor violations, the republic’s ambassador to Moscow, Imomuddin Sattorov, said in an interview with RIA Novosti.

Let us remind you that Russia, against the backdrop of the coronavirus pandemic, has stopped regular and charter flights with other countries since March 27. The exceptions were export flights, as well as cargo, mail, ambulance and humanitarian aircraft.

Tajiks who arrived in the Russian Federation can stay here without temporary registration for up to 15 days, no more.

This period of time is given to them so that they inform the authorized bodies of the Federal Migration Service (now the Main Directorate for Migration Affairs of the Ministry of Internal Affairs) about their arrival.

In 2021, citizens of many countries can come to the Russian Federation by applying for one of the visas: tourist, private, work, study or business (this applies to citizens of countries with which Russia does not have a visa-free entry agreement). Tajiks, like citizens of some other countries, do not require a visa to visit the Russian Federation (they are subject to a visa-free entry procedure). Moreover, citizens of Tajikistan, having registered for primary migration, have the right to stay in the territory of the Russian Federation using any type of passport (without leaving!) for up to 90 days. within six months.

At the end of this period, they must renew their registration or leave the country.

Features of the stay of Tajiks on the territory of the Russian Federation

Now let’s say that a Tajik is staying in one of the Krasnodar hotels (Krasnodar, Southern Federal District). Accounting will be carried out at the address of this hotel, which is recognized as the receiving party. The notification along with the documents will be submitted by the hotel administration.

The state program for the resettlement of compatriots allows a Tajik to obtain Russian citizenship without leaving Russia, directly through the consulate. If the applicant is of working age, he can not only travel to the Russian Federation with existing citizenship himself, but also legally bring his family.

Moreover, the state helps migrants financially with their move, supports them in a new place with capital and benefits, and provides a number of social benefits. The only point: you will have to choose a place of residence from those regions that take part in the state program and need specialists in the profession that the future Russian has.

What does it take to obtain Russian citizenship for a Tajik under a simplified scheme?

The opportunity to obtain Russian citizenship for a citizen of Tajikistan in the shortest possible time without proof of income and five years of residence under a residence permit is provided only under certain conditions. These are, in particular:

Hello. I have a question. At the moment, a migration amnesty for citizens of Tajikistan is taking place in the Russian Federation. In this case, can a citizen of the Republic of Tajikistan enter the Russian Federation if he has an entry ban (through the State Traffic Safety Inspectorate, all fines have been paid). I know that the amnesty applies only to those who fall under paragraphs 4 and 8 of Article 26 of Russian Federation Law No. 114. The website of the Ministry of Internal Affairs of Tajikistan states that during the amnesty period all decisions of the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation will be annulled and that citizens of the Republic of Tajikistan will have the opportunity to enter the Russian Federation. But checking on the website of the Ministry of Internal Affairs of the Russian Federation, there is a ban on entry “the Russian Federal Migration Service has grounds for not allowing entry into the territory of the Russian Federation.”

Article 26 114-FZ Entry into the Russian Federation by a foreign citizen or stateless person may not be permitted if the foreign citizen or stateless person: 1) at the checkpoint across the State Border of the Russian Federation violated the rules for crossing the State Border of the Russian Federation, customs rules , sanitary standards - until the violation is eliminated; 2) provided knowingly false information about themselves or the purpose of their stay in the Russian Federation; 3) has become invalid. — Federal Law of July 23, 2013 N 224-FZ; 4) repeatedly (two or more times) within three years were brought to administrative responsibility in accordance with the legislation of the Russian Federation for committing an administrative offense on the territory of the Russian Federation - within three years from the date of entry into force of the last resolution on bringing to administrative responsibility; 5) became invalid on January 1, 2007. — Federal Law of December 30, 2006 N 266-FZ; 6) has become invalid. — Federal Law of July 23, 2013 N 207-FZ; 7) has become invalid. — Federal Law of July 23, 2013 N 224-FZ; during their previous stay in the Russian Federation did not leave the Russian Federation before the expiration of thirty days from the date of expiration of the period of temporary stay, with the exception of cases of inability to leave the territory of the Russian Federation due to circumstances related to the need for emergency treatment, serious illness or the death of a close relative, residing in the Russian Federation, or due to force majeure (extraordinary and unpreventable circumstances under given conditions) or other natural phenomena - within three years from the date of departure from the Russian Federation;

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Quarantine restrictions due to the pandemic had a negative impact on the republic’s economy. Many residents of the country left to work in neighboring Russia. Money coming from those working abroad accounted for more than 30% of GDP. The main exporter of Tajik aluminum, TALCO, is losing profits due to falling prices on world exchanges. The somoni exchange rate has fallen. Experts believe that the consequences of the coronavirus will be a heavy blow to Tajikistan's economy, which depends on three key factors: agriculture, migrant remittances and aluminum exports.

Persons with Russian citizenship who do not have the opportunity to wait for Russia to resume flights with Tajikistan when arriving in Moscow by plane must fill out a special form on the State Services portal when purchasing a ticket. Then, on board the plane, they are required to fill out an arrival form. Within 3 days from the time of arrival, they must undergo a COVID-19 test using the PCR method and post the result on the State Services portal. Until you receive the test result, you must self-isolate at your place of stay. If you have any urgent questions, you can contact the consular service of the embassy: +74956905736, +74956905281.

Restrictions for foreign guests arriving in Tajikistan

The border of Tajikistan is closed for February 2021, but not for everyone. An exception has been made for several categories of persons; they can enter the country during a pandemic. Vaccination can speed up the opening of borders, but the start date has not been announced.

• Russians (individuals) who have their own housing;
• organization (legal entity), if the Tajik lives in premises rented by the enterprise;
• an international organization that provided him with housing.

Grounds for expulsion of Tajiks from the Russian Federation

Most often, citizens of Tajikistan are deported from Russia for the following reasons:

1. Accommodation with false documents. Many people make the mistake of agreeing to the offer to issue a semi-legal registration. There are especially many such advertisements in Moscow. All these documents are fake, and their owners will be deported.
2. Illegal entry into Russia.
3. Violation of the rules for staying in the country.
4. Loss of legal grounds for staying in the Russian Federation. Documents issued for a certain period, for example, temporary residence permits and temporary residence permits, become irrelevant the day after the expiration of the established period. From this moment on, the grounds for staying in the Russian Federation are lost. In addition, the document may be cancelled, which also deprives you of the right to stay in the country.
5. Violation of the legislation of the Russian Federation. Criminals sentenced to imprisonment are deported after serving their sentences, while others are expelled immediately.

Please note: even administrative offenses, such as repeated traffic violations, can ultimately lead to deportation from Russia.

Free legal assistance

// Our correspondent, Anatoly Znamensky, managed to find out that Russian residents are looking forward to not only a criminal amnesty for people who have committed illegal acts, but also other types of pardons for various categories of citizens. For example, people are really looking forward to a credit and tax amnesty, which will free some citizens who have fallen into a debt trap from the exorbitant burden of their debts.

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The amnesty will not be applied to prisoners who are serving sentences for serious and especially serious crimes, such as murder, causing serious harm to health, kidnapping, human trafficking, rape, torture, crimes related to terrorist and extremist activities, against the foundations of the constitutional building and security of the state and others. Persons who have already been released under an amnesty, those recognized as dangerous repeat offenders, those sentenced to life imprisonment, and some other categories will not be included in the amnesty.

The process of deportation of Tajiks outside the Russian Federation

Before deporting a Tajik from Russia, government authorities must make an appropriate decision. Some sources of information say that only the court makes such a decision, but this is not so. The reason for the confusion is that many do not see the difference between the concepts of “deportation” and “expulsion”. Sometimes it is even confused with the ban imposed on the entry of expelled persons into Russia for several years.

In fact, a decision on deportation can be made by a government agency that discovers a violation of migration laws. Usually this is the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (formerly the FMS).

Persons in respect of whom a decision has been made to deport are held in special institutions.

For violating the rules of staying in such places, Art. 18.18 of the Code of Administrative Offenses of the Russian Federation provides for additional penalties in the form of fines of several thousand rubles.

While the expelled Tajiks are in special institutions, the authorities are deciding whether to send them abroad. The main difficulty is to determine the party paying for their return to their homeland.

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According to Russian legislation, if sanctions in the form of deportation are applied to a violator, funds may be used:

1. The deportee. This source is the main one, but if a citizen does not have money, he has to look for other options.
2. The employer or person who invited the foreigner to the country. If it is not possible to find those responsible for the Tajik’s stay in Russia, the following source is used.
3. The state of which the deportee is a citizen.
4. RF. This option only applies if you are unable to obtain money from other sources.

Deadlines for expulsion of Tajiks

Law-abiding migrants are required to leave the Russian Federation within:

• 3 days after the expiration of the legal period of stay;
• 15 days in case of cancellation of documents giving the right to stay in Russia.

If a foreigner does not want to voluntarily leave Russian territory, a decision is made to forcibly deport him. If a complaint is filed, expulsion is carried out after its consideration. The dates are coordinated with the Embassy of Tajikistan.

What is known about the migration amnesty

From 2021, it was decided to allow foreign students to work part-time if it does not interfere with their studies; until now, they could only get a job during the holiday period. For employment, employers will not need additional documents; a certificate from the university and a passport are enough.

Does the migration amnesty affect the stay of foreigners in the country?

The amnesty is also extended to those foreigners who were once expelled from Russian territory without the right to return. These are those representatives of neighboring countries who managed to delay their departure for more than a month and received penalties more than once.

Apr 26, 2021 vektorurist 428
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Appealing a deportation decision

Russian legislation complies with international standards, therefore the rights of every person on its territory are reliably protected. If the decision to deport is made illegally, it can be appealed within ten days.

Cancellation of deportation is possible if:

• relatives of the deported person are citizens of the Russian Federation;
• the offender is married to a Russian citizen;
• the migrant is studying at a local educational institution;
• the person is undergoing emergency treatment in a Russian clinic;
• the legal rights of a citizen of Tajikistan were violated when making a decision on expulsion.

Many Tajiks do not seek to learn Russian legislation, and some do not speak Russian well. If a deportation decision has been made against such citizens, it is worth hiring a lawyer to protect their rights.

Often, a decision on deportation is accompanied by a ban on entry into the Russian Federation for 3 to 10 years.

How to check for deportation orders

Checking the ban on entry into the Russian Federation for citizens of Tajikistan is relevant due to the fact that a large number of Tajiks work in Russia illegally, and many of them are deported every year. In this case, the entry ban is imposed almost automatically.

There may be other grounds for a ban, in particular, information about membership in extremist/terrorist organizations or public anti-Russian statements.

It’s not very pleasant to find out only at the border that you won’t be allowed into Russia. Therefore, it is worth checking this information online in advance. For example, checking a passport on the website of the Main Directorate for Migration of the Ministry of Internal Affairs (formerly the Federal Migration Service) is carried out using a special service.

Please remember that the information received will be unofficial. To receive an official response, you must submit a request to the diplomatic mission of the Russian Federation in Tajikistan.

Amnesty 2021 in Russia for Tajik emigrants will be

Further, based on the potential existence of the law, migrants will need work experience. It is not yet clear what exactly will be required. But in order to qualify for a good pension, you obviously have to work hard. Of course, in this case one should not count on any benefits in comparison with Russian citizens - otherwise such a rebellion will arise...

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“Therefore, upon Putin’s arrival, we should not ask for an amnesty for 120 thousand people denied entry, but create a normal legal environment so that migrants are not forced to work illegally.” Also create conditions for protecting the rights of migrant workers in Russia. Because practice shows that even legally working migrant workers are deported from the Russian Federation and there is no mechanism or opportunity to appeal them, says Latifov.

How to avoid deportation

It is not difficult to understand how to avoid deportation from Russia as a citizen of Tajikistan. You just need to comply with Russian laws. Regarding the technical aspects of the problem, you should:

1. Correctly indicate the purpose of arrival in Russia on the migration card. You should not write “tourism” if the purpose of the trip is work.
2. Register for migration in a timely manner.
3. Buy a patent for your work.
4. Promptly renew documents legalizing stay on Russian territory.

Answers to frequently asked questions

Many people are interested in whether amnesty is possible for deported migrants. If a person was expelled, it means that the punishment has been carried out, so it is too late to amnesty him. Probably, we are talking about lifting the entry ban. In 2021, after a meeting between the presidents of Russia and Tajikistan, at the request of the Tajik side, such an amnesty was held. Within 1 month, migrants who violated the terms and procedure for staying in the Russian Federation could report this to the Main Migration Department of the Ministry of Internal Affairs and avoid deportation. The entry ban on some migrants was lifted.

Theoretically, a repetition of the amnesty is possible, but nothing is known about whether or when it will take place.

Some are concerned about the possibility of deportation of a Tajik with Russian citizenship. However, international rules do not allow one’s own citizen to be deported from the country. From the point of view of the Russian Federation, a person with two passports, one of which is Russian, cannot be deported from Russia. Another thing is that illegally acquired citizenship can be revoked. In this case, the migrant will be subject to expulsion.