The deportation of foreign citizens from Russia is a complex process that cannot be understood without a lawyer. Deportation means the forced expulsion of a person without Russian citizenship to another country.
ATTENTION: our lawyer for migrants will conduct a consultation on the issue that interests you and will take on all the hassle of solving the problem that has arisen with the deportation of a foreigner from the Russian Federation.
Checking the deportation of foreign citizens
How to check the deportation of foreigners? You can check this on the official website of the Main Directorate for Migration Issues of the Russian Ministry of Internal Affairs.
On the website we go to the section “useful services of the Ministry of Internal Affairs of Russia”. Next, follow the link “Services on migration issues”. Next, we check whether there are grounds for not allowing foreigners to enter the territory of the Russian Federation. To obtain reference information, you must fill in the fields relating to the foreign person. Then send a request.
Information after sending the specified request should appear immediately, accordingly, it will be possible to see whether the foreign person has been deported or not.
Lifting the entry ban
An entry ban can be canceled or challenged, but not always. If sanctions were imposed due to violations of migration rules, it is possible from the Federal Migration Service, but if the ban came from the FSB, it is very difficult to achieve a lifting. The ban is lifted only by decision of the court of the Russian Federation, after filing and consideration of the statement of claim. In some cases, the ban can be lifted by migration authorities. The application can be submitted online or sent by registered mail. and a sample is available on the Internet.
Foreign citizens receive an official response about the results of the consideration of the case. The average review period is one month.
Sample official letter to lift the entry ban.
If you have received a decision on deportation and a ban on entry into the country, but cannot figure out on your own whether you have grounds to challenge the decision and how to do so, contact a migration lawyer. This will significantly increase the chances of the decision being overturned.
Grounds for deportation of foreign citizens
What can serve as a reason for deportation?
- If a foreign person suffers from a dangerous infectious disease
- If a foreigner is on the territory of the Russian Federation without permits or his period of stay in the Russian Federation has expired
- If a decision is made regarding a foreign citizen regarding his undesirable stay in the Russian Federation
- If a foreigner’s temporary residence permit or residence permit is revoked
- In case of illegal crossing of the state border by a foreigner
- If a foreigner has a shortened period of residence or stay in the Russian Federation
- If a foreign person fails to fulfill the obligation to leave the Russian Federation on time
- If a foreigner has been released from prison
This may also be due to fake documents and illegal border crossings using them.
ATTENTION: find out how to cancel deportation by following the link, and also watch the VIDEO
Reasons for invalidity of registration
Identification of inconsistencies in the information provided by a migrant is fraught with additional checks by the Ministry of Internal Affairs. At the same time, migration service employees have the right to detain a foreigner for 2 days until the circumstances are clarified. The main reasons for this:
- expiration of the temporary registration period;
- expired foreigner's passport;
- illegal crossing of the Russian border;
- falsification of registration made independently;
- a fake document issued by an intermediary company.
Read also: How to obtain Russian citizenship for a citizen of Tajikistan?
For violations, liability is provided, which will involve not only the persons who issued the false document, but also the foreigner himself.
Procedure for deportation of foreign citizens from the Russian Federation
The deportation of foreign citizens from the Russian Federation is carried out by the Federal Migration Service in cooperation with the Ministry of Internal Affairs and other authorities on the basis of the appropriate decision:
- Notification. A foreigner is given 5 working days to leave the territory of the Russian Federation independently
- Placement in a special detention center. If a foreigner does not leave voluntarily, then he is placed, based on a decision, in a special institution to await the moment of his deportation abroad of the Russian Federation.
- Court. The migration authority that has made the decision to deport is always subsequently forced to go to court with a request to place the migrant in a special facility until deportation. Information about the adopted court decision is communicated to the Russian Ministry of Foreign Affairs with the aim of bringing it to the diplomatic representation of the state of citizenship or permanent residence of the deported migrant.
- Execution of a court decision on deportation. A foreigner, as a general rule, is deported at his own expense. In some cases, he may be deported at the expense of the party that invited him or at the expense of the Russian Federation.
Until the court decision is implemented, the person is in the departments of the Ministry of Internal Affairs. Who pays for a foreigner to move to their country? There are three options:
- the foreigner’s own money;
- funds of the party that invited him;
- at the expense of the consulate.
Sometimes it happens that Russian funds are used.
Application forms and samples
Sample application to the Ministry of Internal Affairs on lifting the ban on entry into the Russian Federation (One Download) Sample application to the Department of Internal Affairs on lifting the ban on entry into the Russian Federation (29 Downloads) Sample application to the FSB on lifting the ban on entry into the Russian Federation (29 Downloads) Sample statement of claim to the court on lifting the ban on entry into the Russian Federation (32 Downloads) Sample request about the timing and reasons for the ban on entry into the Russian Federation (36 Downloads)
- How to check the deportation of a foreign citizen using a passport?
- How to check a work patent for foreign citizens?
- Violation of the migration regime in the Russian Federation
CHECKING THE PRESENCE OF A BAN ON ENTRY INTO THE RF.
Deadline for deportation of citizens of foreign countries
The foreigner is first offered to leave the Russian Federation voluntarily within the time period established by law (5 working days), but if the person does not leave voluntarily, then he is forcibly expelled from the Russian Federation.
However, if a foreigner appeals the decision on deportation, the court may suspend the deportation of the foreigner, and this is logical, since the decision on deportation may be declared illegal, and the foreigner may end up abroad of the Russian Federation. Moreover, he will be deprived of the right to participate in the trial of his claim.
Who cannot be deported from Russia?
In Russia, a citizen of another state can stay in a visa-free regime for no more than 90 days in total during each period of 180 days. This rule does not apply to those who have a temporary residence permit or who have submitted documents to obtain it; when extending the period of temporary stay; for foreigners who are being treated in Russian hospitals; for some other groups of people.
It is also impossible to deport a foreigner from the Russian Federation:
- if there are hostilities in his homeland that threaten his life and health
- if a foreigner has applied to be recognized as a refugee
- if the person is already a refugee and lives in this status on the territory of the Russian Federation
- if a foreigner, in accordance with the law, entered the territory of the country, asked for political asylum and received it
- if the foreigner is an employee of a diplomatic mission
How to send an official request to check the ban on entry into the Russian Federation?
To obtain a legally valid certificate, it is necessary, if possible, to apply in person to the migration department of the Main Directorate for Migration. You can also submit an application through your official representative with the necessary powers. The algorithm of actions is as follows:
- submit a request-application to the structural unit of the Main Directorate for Migration and Migration;
- there is no established form, the application is written on A4 sheet, you must indicate personal data, number, series of the passport, state the request (checking the passport for an entry ban, the reason for imposing the restriction, the period for which it is valid);
- the request is officially registered;
- a written response is issued within ten days.
The resulting document has legal force and can be presented in court. It looks like this:
If the certificate you receive indicates that no decision was made regarding the ban on entry into the Russian Federation, you can safely hit the road. If there is still a ban, it will be impossible to enter Russian territory, but this decision can be challenged.
How can a foreigner appeal against deportation?
As we know, the deportation of a foreigner is carried out on the basis of a decision of the internal affairs body. Such a decision can be appealed to the court within 3 months.
When appealing a deportation decision to a court, it is necessary to prepare an administrative claim.
When appealing a deportation decision to a court, you should seek legal assistance.
The court will consider the claim and make a decision by which either the decision on deportation will be declared illegal, or the plaintiff’s claim will be denied, since the court will come to the conclusion that the decision on deportation is legal.
USEFUL: watch a video with tips on filing a claim in court, and also order an application from us
Consequences of deportation of foreign citizens
If a decision is made regarding a foreigner to deport him, then subsequently the foreigner will not be able to enter the territory of the Russian Federation for a certain time, namely:
- If a foreigner is deported, then he is not allowed to enter the territory of the Russian Federation for 5 years from the date of deportation
- If a decision on deportation has been repeatedly made against a foreigner (2 or more times), then it is prohibited to enter the Russian Federation for 10 years
Thus, the consequence of deportation is a ban on entry into the territory of our country.
As a result of the entry ban, a foreigner will not be able to work in the territory of the Russian Federation, reside, etc.
Grounds for making a decision to impose a ban on entry into Russia
The ban is temporary; the period can range from several months to ten years. Some citizens, having violated the law in the Russian Federation, may not know whether the offense entailed the imposition of an entry ban, and for how long the ban is valid, if this happened. An unambiguous decision is made in the following cases:
- if during the last visit the readmission procedure for the migrant was terminated;
- having a criminal record for committing a premeditated crime (regardless of which country it was committed in);
- in the absence of the necessary documents;
- when, after being expelled from the country, a migrant tried to travel using false documents;
- the presence of unpaid fines, taxes, and other financial obligations to the state.
But these are only the main points; there are many “minor” offenses that can lead to a person being recognized as an undesirable person. To know for sure that crossing the border will not be difficult, you need to check the ban on entry into the Russian Federation.
How to avoid deportation of foreign citizens?
First of all, migrants need to know what is important to follow to avoid deportation. Deportation is primarily a consequence of violations of the law, so it is better not to break it.
When entering Russia, in particular, you need to fill out the migration card correctly, register for migration in a timely manner, and register at your place of stay. Since the main purpose of foreigners coming to Russia is to seek income, they need to apply to the competent authorities as soon as possible and obtain a patent. And having received a work permit, do not violate the regime of stay established by labor obligations.
In order to prevent the deportation of a foreigner, it is necessary to file an administrative claim in court as soon as possible and ask to suspend the deportation. During the trial, grounds may be established on which a foreigner cannot be deported from the Russian Federation.
In general, in order to avoid being subject to deportation, a foreigner must comply with all the requirements of Russian legislation regarding the conditions of a foreigner’s stay on the territory of the Russian Federation, namely, fill out all the necessary documents on time, and not commit offenses and crimes.
Who is at risk of deportation?
Deportation as a practice of restricting the entry of unwanted migrants is accepted throughout the world. There are lists of citizens of different countries who are prohibited from entering Russia. As a rule, these are people who violated administrative regulations during their previous stay in the Russian Federation. That is why it is important to personally check whether your name or the name of your employee is on the lists on the FMS website.
Since 2013, the entry ban has affected almost 400 thousand foreigners. Some discovered that they were not allowed to be in Russia after arriving at the airport. In this case, it is possible for a foreign citizen to be forced to move outside the territory of the Russian Federation, accompanied by representatives of the migration service, practically under escort.
If a person is deported from the Russian Federation, then he is prohibited from entering for the next three years or for five years. It is important to know which ban affected you so as not to break the rules again. Sometimes immigrants from CIS countries do not speak Russian well enough and cannot independently assess what temporary restrictions on entry they have been subjected to.
The violation is primary if the migrant exceeded the period of officially permitted stay and did not obtain a work patent on time. In this case, he receives an order to leave the country within a certain time. It is important to ensure compliance with deadlines and not aggravate your offense.
If a foreigner does not leave the Russian Federation within the specified period and goes into hiding, he may be forcibly expelled. Special service officers will accompany him to the passport control point to make sure that the person has left the country. The costs of deportation are borne by the migrants themselves, employers who violate the law, and individuals who issued invitations for foreigners. Financial costs are also borne by the Russian Migration Service.
