A sad end to a trip to Russia can be deportation or expulsion - the forced expulsion from the country of foreign citizens who have violated the migration or administrative legislation of the Russian Federation. The terms "deportation" and "expulsion" are often given the same meaning and equated, but this is wrong.
deportation forced departure of a foreigner from Russia to another state is considered. Such a tool is used when a foreign guest loses the legal right to reside in the Russian Federation. Migrants are forced to voluntarily or forcibly leave the country under escort. Deportation is not considered a punishment for a crime; rather, it is a state method of influencing a person. To deport a foreigner, it is enough to fulfill only one condition: there are no legal grounds for living in Russia.
With expulsion, the situation is somewhat different. expulsion - this is just a type of punishment for violating Russian laws, while misconduct does not always concern only migration law. Such a procedure is applied if, for example, a foreigner crossed the border with forged documents, violated customs rules, or committed a crime in Russia for which an administrative penalty is imposed.
What is the difference between deportation and expulsion?
So, the main differences of the legal plan:
- Deportation of foreign citizens from Russia is an instrument of state influence, expulsion is a form of punishment.
- Expulsion occurs on the basis of a court decision, which is preceded by the consideration of a case on an administrative offense. The decision on deportation is made by the head of the FMS (renamed to the Main Department of Internal Affairs of the Ministry of Internal Affairs), for which only one reason is sufficient - the foreigner does not have the right to stay in Russia.
- The decision on deportation is executed within 5 days, the decision on expulsion - from the moment it enters into force.
- Appeal in court is possible at different times. For a decision on deportation, 3 months are given from the moment when the migrant became aware of him, for expulsion - within 10 days from the date of receipt.
Deportation and grounds for expulsion
Deportation from Russia is the forced expulsion of a migrant outside the country due to the loss of foreigners or a stateless person (stateless person) of legal grounds for living in the Russian Federation. The reasons for such a movement of a foreign citizen are often violations of the migration plan:
- Untimely departure from the country after the expiration of the visa or the period of visa-free residence;
- Cancellation, which confirmed the legality of being in the Russian Federation;
- Reducing the time of residence in the country for a number of reasons;
- Refusal to recognize a foreigner, loss or deprivation of such status;
- Illegal entry into the country (under false documents);
- Unwanted presence of a foreign guest in Russia.
Deportation order
The decision on deportation is made by the responsible person of the FMS, about which the foreigner is personally informed and a written obligation is taken from him to leave Russia. If the voluntary execution of the decision does not occur, the migrant is placed in a specialized center and his deportation takes place already by force after the court decision. But this is an extreme measure and is resorted to only if the foreigner does not respond in any way to the order to leave the Russian Federation.
Consequences of deportation
The deportation itself does not entail serious legal consequences. An exception may be the categorical refusal of a migrant to leave the country. Then it is sent after a court decision already on a forced basis, when the FMS employees escort the foreigner under escort to the vehicle for foreign travel.
If the migrant voluntarily leaves Russia, then in the future he can return, having prepared a visa that corresponds to his purpose of the visit. It is even easier if there is no visa regime as such between countries. But here it is worth bearing in mind that a repeated violation of migration legislation will lead to more serious restrictions and in the future such a foreigner will lose the opportunity to enter the Russian Federation.
Challenging the deportation decision
The decision on deportation can be appealed by a foreigner within 3 months from the moment he became aware of it. If the case went to court and a court decision was made on the forced expulsion of a foreigner from the Russian Federation, 10 days are allotted for appeal.
To challenge the foreigner applies to the court at the place of residence. Upon a written request, the execution of the deportation decision may be deferred for the duration of the trial. If the court takes the side of the plaintiff, then the decision on deportation can be canceled. An appeal is also allowed without going to court by filing an application with the head of the FMS.
Deportation can be canceled if the migrant has good reasons to stay in Russia:
- Married to a citizen of the Russian Federation, has a child or relatives - citizens of Russia;
- The migrant works in Russia on legal grounds, has a patent or work permit, signed an employment contract;
- The foreigner is a student of a Russian university or other educational institution;
- A foreign guest undergoes a course of treatment in the Russian Federation;
- At the time of deportation, the migrant had permits (permit or temporary residence permit).
Who can't be deported?
Consular and diplomatic employees are not subject to deportation. Refugees and foreigners who have just applied for refugee status, temporary or political asylum cannot be deported.
It is forbidden to deport people who have lost their refugee status, but cannot return to their homeland for reasons beyond their control: in their country there is a famine, an epidemic, hostilities are underway, when returning, life and health are in danger due to religious, racial or political persecution.
Expulsion and grounds for departure
The expulsion of foreign citizens from the Russian Federation occurs as a result of violation of Russian legislation:
- Employment without a patent or work permit;
- Untimely setting on;
- Violation of border crossing, transit passage or stay in the Russian Federation;
- Discrepancy between the declared and actual purpose of the visit to the country;
- Lack of documents confirming the right to reside in the Russian Federation;
- Loss of documentation on the right to reside in the Russian Federation and its untimely restoration;
- Evasion from leaving the Russian Federation after the end of the allowable period of residence in the country;
- Committing an administrative violation.
Expulsion takes place on the basis of a decision of a judge or a person in charge of the border service.
Expulsion procedure
Expulsion is of two types:
- Voluntary controlled departure. It is carried out by the migrant independently, but under the control of the Federal Migration Service. In case of evasion, penalties are imposed on a foreigner and expulsion takes place already by force;
- Forced controlled exit. Most often assigned to recidivists - persons who have committed an offense for the second time in one year. Until the execution of the decision on expulsion, the foreigner stays in a special center.
The choice of one or another type depends on the severity of the violation, the personality of the migrant and is determined by the judge.
Challenging the expulsion
You can appeal against the decision on expulsion in a judicial or administrative procedure. For judicial consideration of the issue, the migrant must file a complaint with the court within 10 days after receiving the decision. It will be possible to cancel an already made decision if it is possible to prove that the expulsion from the country violates the rights of a foreigner and is an interference in his personal life. As arguments, they cite the fact that they have children, a spouse who are citizens of Russia, permanent work and stable earnings.
If the decision on expulsion was made at the border by the responsible person of the border service, then the appeal takes place by filing a complaint directly with the head of this department.
Consequences of expulsion
Administrative expulsion from the Russian Federation of a foreign citizen, as already noted, is a special type of punishment. In addition to expulsion from the country, restrictive measures are also applied to a foreigner. This ban on subsequent visits to Russia for 5 years- a tough and non-alternative sanction, it cannot be replaced by a fine and is not so easy to challenge or cancel. But such strictness on the part of the state is dictated by the inadmissibility of ignoring Russian legislation by foreign guests. Expulsion, therefore, solves the problem of preventing subsequent possible crimes on the part of the migrant.
But that's not all. If the decision on expulsion is issued for the second time, then entry into Russia is already closed for 10 years. Simultaneously with the expulsion, all permits are canceled: residence permit, patent, work permit, and so on.
Naturally, during these 5-10 years, a foreigner will not be able to obtain a visa, a temporary residence permit, or apply for citizenship. Additional penalties for deportation are not applied.
Payment for deportation and expulsion
Expulsion from Russia is carried out at the expense of:
- the migrant himself;
- The inviting party that took responsibility for the foreigner;
- Embassies of the country from which the migrant arrived;
- Various public organizations;
- Budgetary funds of the Russian Federation.
Entry ban
Usually set by FMS restrictions, but a number of other government departments have also been granted this right. These are Rospotrebnadzor, the Ministry of Justice, the Ministry of Internal Affairs, the Russian Foreign Intelligence Service, the Federal Security Service, the Financial Monitoring Service.
There are two types of restriction:
- RF entry ban;
- Resolution on the unwanted stay of a foreigner in the Russian Federation.
The reasons that led to the ban may be different, but usually they are associated with a violation of Russian law:
- Repeated tax evasion;
- Two or more misdemeanors per year (fines due to traffic violations are also included);
- Providing false documents upon entry;
- Exceeding the period of residence in the Russian Federation;
- Outstanding conviction in the Russian Federation and another country;
- Expulsion order issued (entry restricted for 5 years).
It happens that restrictions are imposed for security reasons and for the defense of the country.
Entry ban check
You can find out about the presence of a ban on the entry of a particular foreigner on the official website of the FMS (now this service is part of the structure of the Ministry of Internal Affairs). To form a request, you need to enter your full name, gender, date of birth, citizenship and passport data in the appropriate columns. The check is carried out on the list of undesirable migrants in Russia who are prohibited from entering Russia. The material is for informational purposes and requires clarification and verification. The response to the request comes quite quickly. Possible options:
- The ban on entry into the Russian Federation has not been established;
- There is a restriction on entry (the terms are indicated - 3, 5 or 10 years).
It is better to check your status on the FMS website in advance, even before your visit to Russia, this will help you avoid an unpleasant situation at the border.
Entry ban times
Restrictions for 3 years await a foreigner if he:
- Illegally stayed in the country for more than 120 days or more;
- At least twice he was brought to administrative responsibility.
A 5-year ban is possible under the following circumstances:
- Repeated violation of the migration regime throughout the year;
- Conducting illegal labor activities (working without a permit or patent)
- Bringing to administrative responsibility two or more times (fines under the traffic police are also considered);
- Gross immigration violation.
Deportation or expulsion for the second time will restrict entry to the Russian Federation for 10 years.
Removal of entry restrictions
There are two options to enter Russia: legal and not quite. The first implies the abolition of the ban in the legal field. The second is often used by illegal migrants. We are talking about the abolition of the ban on entry in the manner prescribed by law and the receipt of a new passport by a foreigner who has limited the opportunity to visit Russia over the next 5-10 years.
Cancellation of judgment
It is not always possible for migrants to lift the imposed restrictions before their expiration date. This cannot be done if the expulsion order came into force and it was not appealed in a timely manner (or the appeal did not change the court decision). But it makes sense to try. To do this, you need to prepare an application and send it to the court. The request to lift the ban must be motivated by substantial arguments. The court may take the side of the plaintiff and lift the ban. Then the decision that has entered into force must be transferred to the migration service and you can enter Russia.
The tricks of migrants
Some migrants use tricks to get back to Russia. Returning to his homeland, a foreigner receives a passport in a new name and applies for a visa to the Russian Federation under a different surname. For the migration service, such a person is a completely different migrant who is not listed in its database as a violator, is not blacklisted, his data is not among the people who are denied access to Russia. If, when crossing the Russian border, a previously expelled foreigner uses changed data, then when such a fact is established by the border guards, these citizens will not be allowed into Russia and entry will be restricted even with a new name. And if a migrant uses fictitious documents when crossing the border, then he will not only be denied entry for 5-10 years, but may also be held criminally liable.
How to avoid deportation and expulsion?
Deportation and expulsion can be avoided with a responsible attitude to documents confirming the legality of residence in Russia. Extend visas in a timely manner, comply with the terms of visa-free entry, prolong the residence permit in time. And do not forget that repeated and malicious violation of Russian law will lead to expulsion and a ban on entry into the Russian Federation in the future.
