| Question | Answer |
| http://services.fms.gov.ru | |
| Loss of grounds for staying in the country; · illegal border crossing; ignoring the laws of the Russian Federation; Violation of the conditions of stay. |
|
| Yes, but only by appealing the decision. It is better to entrust this process to a lawyer. | |
| · if hostilities are taking place in the homeland of a foreigner, he will not be expelled; employees of diplomatic and consular missions; in case of violation by these people of offenses; · applied for refugee status or temporary asylum. |
|
| Surname, name, patronymic; · Date of Birth; date of issue, number, series and period of validity of the passport; Citizenship. |
Now 9800 thousand foreigners temporarily live in the Russian Federation. This is the data of official statistics, which takes into account legally arrived citizens of other states, registered in the relevant structures.
However, law enforcement agencies regularly identify foreigners who do not have documents allowing them to stay on the territory of the Russian Federation. These are mostly citizens of the CIS countries. Such persons do not pay taxes, destabilize the situation on the labor market, are difficult to assimilate and worsen the crime situation.
Most often, foreign citizens are deported from the Russian Federation due to violation of migration rules or in connection with violation of the regime of stay in Russia.How to draw up an invitation for foreign citizens to enter the Russian Federation - or who is “possible” and who is “not allowed” to invite?
As one of the ways to combat illegal entry, deportation is used, that is, forced expulsion from the country. Migration and judicial authorities try to apply it only in extreme cases, when other measures fail.
In 2016, 1,555 thousand violations committed by foreigners were identified. 1432 thousand fines were imposed, and only 60 thousand people were deported.
Foreigners who do not comply with the requirements of the relevant legislation can correct the situation, register, restore lost documents, obtain a patent, get a job. However, there are cases when the only possible way out is forced expulsion from the territory of the Russian Federation.
The legislative framework
It is necessary to distinguish between administrative expulsion and deportation.
In the first case, foreigners or stateless persons are transferred outside Russia in a forced and controlled manner outside the Russian Federation, and in cases provided for by law, their controlled independent departure is expected (Article 3.10 of the Code of Administrative Offenses).
Deportation is the forced expulsion of a foreigner from the Russian Federation in the event of the loss or termination of legal grounds for his further stay (residence) here (Article 2 of the Law "On the Legal Status of Foreign Citizens in the Russian Federation" dated July 25, 2002 N 115-FZ (hereinafter - FZ dated July 25, 2002 No. 115-FZ).
So, there are 2 options for the forced movement of a migrant.
The Law “On the procedure for leaving the Russian Federation and entering the Russian Federation” No. 114-FZ of August 15, 1996 (hereinafter referred to as the Federal Law of August 15, 1996 No. 114-FZ), in article 25.10, considers deportation as one of the penalties applied to illegal arrivals.
Who is at risk of deportation
Forced expulsion applies only to stateless persons. The procedure can be carried out if a foreigner or a stateless person who has been given a decision not to allow entry into Russia or about their undesirability of staying (residence) in it is obliged to leave its territory. If this is not done in due time, these people are subject to deportation (Article 25.10 of the Federal Law of August 15, 1996 No. 114-FZ).
Expulsion will also be applied in case of violation of the following provisions:
- When the period of residence or temporary stay of a visitor in the Russian Federation is reduced, he is obliged to leave within three days (clause 1 of article 31 of the Federal Law of July 25, 2002 No. 115-FZ).
- If a temporary residence permit or residence permit issued to a foreigner is cancelled, he is obliged to leave the Russian Federation within fifteen days (clause 2 of article 31 of the Federal Law of July 25, 2002 No. 115-FZ).
How to find out about deportation
Expulsion from the country is not a one-time act of forced border crossing accompanied by an escort. If the head of the territorial body of the Ministry of Internal Affairs or the court decided to apply the procedure, then the foreigner or stateless person must leave the territory of the Russian Federation.
You can check information about people who are prohibited from coming to the Russian Federation via the Internet on the website of the Main Directorate for Migration of the Ministry of Internal Affairs (http://services.fms.gov.ru). It is located in the section for checking the grounds for a ban on entry into the territory of Russia.
To obtain information, you need to enter data about a foreigner:
- Name and surname (as in the passport).
- Day, month and year of birth.
- Date of issue, number, series and validity of the passport.
- Citizenship.
As a result of the search, there are two possible answers:
- There is no ban on staying in Russia.
- Entry is prohibited, indicating the period of its relevance.
The site administration warns that this information is for reference only; for official confirmation, you need to contact the territorial migration authorities.
You can write a request to the Main Department of Internal Affairs of the Ministry of Internal Affairs of Russia about whether a particular person has a refusal to enter the Russian Federation, for how long and what is the reason for it. The GUVM of the Ministry of Internal Affairs of Russia will send a response. If it does not contain information about the ban, this document can be presented at customs when crossing the border.
Many deported foreigners do not even suspect that they have been restricted from entering the Russian Federation. Some learn about it when returning to Russia, at the border control point. To save money, time and nerves, it is convenient to use the site's help system online. Deportation verification may be required by employers inviting migrant workers.
The term of the entry ban cannot be reduced. This is not provided for by law.
It can be canceled completely by challenging the application of punishment, proving its illegality. If this does not happen, you will have to refrain from traveling to the Russian Federation.
Violations for which deportation and administrative expulsion are due
The most common reasons are:
- Illegal border crossing.
- Loss of grounds for being in the country.
- Non-compliance with the conditions of stay.
- Violation of the laws of the Russian Federation.
Non-compliance by a foreigner or stateless person with the rules of entry or regime of stay (residence) in the Russian Federation, expressed in violation of the relevant requirements, migration registration, movement or the procedure for choosing a place of stay or residence, transit through the territory of the Russian Federation, in failure to fulfill obligations to notify of confirmation of his residence in the country, entails liability in the form of a fine with possible expulsion from this territory (Article 18.8 of the Code of Administrative Offenses).
If a visitor crosses the border of the Russian Federation during the period when an entry restriction applies to him, he can also be deported.
All citizens of other states who arrived in Russia are required to register for migration. The procedure is regulated by Law 109-FZ of December 22, 2014 “On the Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation”, as well as departmental order of the Federal Migration Service No. 321 of June 29, 2015. Deportation or administrative removal decisions often involve:
- Living on the territory of the Russian Federation without registration.
- Lack of registration at the place of temporary residence.
- The discrepancy between the declared purpose of the visit to the Russian Federation and the actual activities carried out.
- Expired passport.
- The absence of documents confirming the legitimacy of being in the country.
When a foreigner in Russia needs a VHI policy
Deportation and administrative expulsion are inevitable for those who have expired their permits, the permissible continuous period of stay under a visa-free regime, and other grounds for continuing to stay in Russia.
If a foreigner has committed a crime involving deprivation of liberty, the Ministry of Justice may decide on the undesirability of the subject's presence on the territory of the Russian Federation.
On this basis, the authorized bodies issue a decision on expulsion and notify the institution where the convict is serving his sentence.
When deportation and administrative expulsion can be avoided
The main requirement is to strictly comply with the legislation of the Russian Federation regulating the entry and stay of migrants. If, nevertheless, a copy of the decision on forced expulsion is received from the territorial profile body of the Ministry of Internal Affairs, only an appeal will help to avoid departure. To do this, a foreigner must prepare documents as quickly as possible.
