Lawyer: Igor Romanovsky
Migration law
Articles written
It can be confidently asserted that the deportation of foreigners outside Russia is the most severe of all the preventive measures provided for by the legislation to combat illegal migrants. Every year the problem of illegal border crossing and illegal presence of citizens of other states on the territory of the Russian Federation is aggravated. Checking for deportation in such situations is a prudent measure that should be taken to avoid unwanted surprises when crossing the border.
This administrative punishment implies the forced movement of foreign citizens outside the borders of the Russian Federation. Unlike administrative expulsion, deported citizens cannot leave the country alone, without special escort. Deportation rules provide for the mandatory presence of an escort.
The need to leave Russia forcibly is not the only measure of punishment provided by law for deported foreigners or persons without a passport of any country.
All foreign citizens deported from Russia are automatically banned from entering the territory of the Russian Federation. The limitation period can last from 3 to 5 years. Moreover, deported violators may not always know the exact terms of the ban, such ignorance can cause serious problems.
The most common case is an unpleasant situation when crossing the border (most often directly at the airport), when deported people find out that they do not have the right to enter the Russian Federation. Many foreign citizens annually face a similar problem and, finding themselves near the borders of Russia, receive administrative expulsion instead of a warm welcome. Naturally, no one will reimburse them for travel expenses and payment for legal operations. A natural question arises: how to avoid such a fate? Can I find out if your passport is on the "black list" of the migration and border service?
How the verification is carried out
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Checking deportation using a passport is carried out through the website of the migration unit of the Main Department of Internal Affairs of the Ministry of Internal Affairs (formerly the Federal Migration Service) in a few clicks. Progress is moving and now in order to find out about the effect of the ban on entry of a person into Russia, you just need to fill out an electronic form on the website. It is no longer required to make official requests through the migration unit of the Main Department of Internal Affairs of the Ministry of Internal Affairs (formerly the FMS), to waste time, effort and money. Appeal through the site appeared in 2013 and greatly simplified the life of foreign citizens subjected to deportation. This information service is only part of a broad government program to address the problem of illegal migration, aimed at positive dynamics in all aspects of this issue.
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In order to get information about the term of the entry ban and check the availability of your passport details in the list of border services, you need to go to the official website of the Main Department of Internal Affairs of the Ministry of Internal Affairs of Russia (formerly the FMS). All you have to do is enter some personal details on the form and submit it for the deportation decision to be verified. The site does not indicate how much time it takes to complete the check, but there is no reason to doubt the efficiency of the service. The absence of endless queues at the migration departments of the Main Department of Internal Affairs of the Ministry of Internal Affairs (former FMS) and the absence of a human factor when submitting applications significantly reduces the time for processing information.
To check your passport for a ban on crossing the border, you must fill out the following fields on the website:
- surname (in Latin letters);
- name (in Latin letters);
- surname (in Russian);
- name (in Russian);
- patronymic (in Russian);
- Date of Birth;
- citizenship;
- type and number of the certifying document;
- validity period of the document;
- the country or organization that issued the document.
Thus, to fill out you will not need anything other than a passport. It should be noted that this is a reference type service for foreign citizens. To find out more substantial information about the deportation decision, you will have to personally contact the employees of the local migration department of the Main Department of Internal Affairs of the Ministry of Internal Affairs (former FMS) of Russia.
Checking information about the presence of obstacles to entry into the Russian Federation means protecting yourself from possible troubles at the border and getting rid of serious costs. If not given in advance, each person subjected to deportation upon arrival in the Russian Federation will face only an unpleasant procedure of administrative expulsion. Given that you can check for a ban absolutely free of charge and online, this check can be done as the first step in preparing for a trip.
Reasons for the ban on entry into the Russian Federation
There are several options by which a citizen of another country may be denied travel to the territory of the Russian Federation. The most common reasons are violation of the period of stay and work without a work permit. The terms of the ban are established by the current legislation.
A term of 3 years is imposed if the person:
- committed 2 administrative violations;
- illegally stayed in Russia for 120 days.
Entry is prohibited for 5 years to persons who:
- repeatedly violated the rules of stay on the territory of the Russian Federation;
- have been deported in the past;
- brought to administrative responsibility more than 2 times;
- worked illegally.
In case of further violations, the foreign citizen will have to give up the idea of visiting the Russian Federation for 10 years. Quite often you can find a situation in which a foreign citizen receives information about the decision made some time after crossing the border. This is due to the slow updating of the database, so it will not be superfluous to check your information for the presence of this decision using the website of the Main Department of Internal Affairs of the Ministry of Internal Affairs (formerly the FMS) in order to avoid such unpleasant situations.
Who is not covered by the deportation law?
Deportation cannot be subjected to several categories of foreign citizens. Victims as a result of hostilities or internally displaced persons have a special regime of stay in the Russian Federation, they are not subject to deportation. And:
- representatives of the diplomatic service, for example, consuls, attachés, diplomats;
- migrants who have applied for refugee status;
- foreigners who have received refugee status;
- persons undergoing treatment on the territory of the Russian Federation.
Process funding
Illegal migration causes enormous damage to the country's economy. The person subject to deportation pays the costs of the entire process. However, often a foreign citizen is not able to pay for his expulsion. In this case, financial assistance is provided by:
- the embassy of the state of which the offender is a citizen;
- citizens of the Russian Federation who invited the deportee to the territory of the country;
- migration department of the GUVM of the Ministry of Internal Affairs (formerly the Federal Migration Service).
The last point is the most vulnerable for the country's economy, because the financing comes from the budget of the Russian Federation.
Who can appeal the expulsion
Foreign citizens can achieve the cancellation of deportation if the decision is illegal. The legislation has defined a list of situations when the deportation of foreign citizens from Russia can be canceled:
- the deported foreigner has a close relative (spouse, child, parent) who has Russian citizenship;
- the person subject to deportation has a labor patent;
- a foreign citizen in respect of whom a decision on deportation has been made is studying at a Russian university;
- a foreigner subject to deportation has previously received a residence permit;
- the foreigner is undergoing inpatient treatment in a Russian medical facility.
If a foreign citizen does not fall under the above categories and may become deported, he has the right to appeal against the court decision.
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The procedure is initiated if there are real grounds for appeal. According to Russian law, filing a complaint is the only legal way to avoid deportation. You can't rely on private companies. Cancellation of the entry ban is within the authority of a judge or senior management of the migration department of the Main Department of Internal Affairs of the Ministry of Internal Affairs. The procedure for canceling a court decision on deportation is quite complicated. The best solution would be the support of a qualified lawyer.
