Exactly one month later, on February 25, the second stage of the Migration Amnesty will begin for Moldovan citizens. Migration amnesty is the abolition of the ban on entry to Russia in respect of a separate category of foreign citizens.
This is the second big amnesty in 2 years. Moreover, the amnesty of 2019 is very different in a positive direction from the previous one.
So, in order:
- Disadvantages of amnesty of 2018
- Amnesty 2019 - Dates and Procedure
- Who is subjected to the Amnesty
- Who does not subjected to the amnesty
- What should be done during the amnesty
Migration Amnesty 2018
Our bureau criticized The Amnesty of 2018 on the following shortcomings:
- lack of advance notification
In fact, the amnesty of 2019 was announced on the day it began.
- lack of official information from the officials of the Ministry of Internal Affairs
During the amnesty of 2018, the officials of the Ministry of Internal Affairs of Russia did not officially confirm the fact of its holding. The beginning of the amnesty was announced by Moldovan President Dodon I. in his Facebook account. Russian officials had not given any comments, although logic says that it is the Russian authorities that must announce the holding of a Migration Amnesty in Russia.
- There was no list of violations subjected to amnesty
In fact, many Moldovan citizens were misled. Many thought that the amnesty applies to all violators. Various national diasporas in Moscow also added fuel to the fire, stating that they would help everyone to acquire legal status.
Amnesty 2019 - Dates and Procedure
Given the previous negative experience, the amnesty of 2019 differs in a positive way:
- The Ministry of Internal Affairs announced about the Amnesty on December, the 3rd on its official website.
Announcement of the amnesty contains the note "official information"
- The Amnesty was declared in advance
Reception of applications from citizens begins on February 25, 2019, and an Amnesty was announced on December 3, 2018, that is, in fact, within 3 months. True, the dates are not specified.
- Categories of offenders are indicated
In the message of the General Directorate of the Ministry of Internal Affairs for Migration, all categories of violators to which the amnesty applies are listed. It is very important. For those foreigners who do not subjected to the amnesty, it makes no sense trying to give someone money and solve the issue illegally.
Who is subjected to the Amnesty
- Part 4 of Art. 26 - more than 2 penalties for various administrative fines,
- Part 8 of Art. 26 - exceeding the period of stay for a period not exceeding 1 month,
- Part 12 of Art. 27 - non-compliance with the rule of staying in Russia 90 days out of 180 in the absence of a patent, a temporary residence permit or a permanent residence permit,
- Part 13 of Art. 27 - exceeding the period of stay for more than 180 days in the absence of a patent,
- Part 14 of Art. 27 - exceeding the period of stay for more than 270 days in the absence of a patent
Who is NOT subjected to the amnesty
- A foreigner who has provided knowingly false data. Part 2 of Article 26
For example, he was deported, but tried to enter under another name or on someone else's passport
- A foreigner who is involved and participates in an organization that is undesirable in Russia, Part 9, Article 26
A foreigner who represents a threat to Russia, Section 1, Part 1, Art. 27
The ban on this article is the most serious - for a life term. Established by the FSB, the Russian Foreign Intelligence, the Ministry of Defense or the Russian Federal Consumer Rights Protection and Human Health Control Service (Rospotrebnadzor). Therefore, such a ban is not subjected to amnesty by the Ministry of Internal Affairs.
- He was deported or expelled by the decision of the court. 2 p.1 Art. 27
If a Moldovan citizen was expelled by the court for work at a construction site without a patent or being without documents in Russia (exceeding the period of stay), he does not fall under the amnesty.
- A foreigner has outstanding conviction p.3 h.1 Article. 27
If a Moldovan citizen has been convicted, he has served his sentence, but his conviction has not been cleared, he will not be able to enter Russia until maturity.
- He has debts on taxes, fees and duties of Section 10, Part 1, Art. 27
This item does not subjected to the amnesty, but in case of repayment of debts, the ban is removed within one month.
- A foreigner has 2 fines for migration violations of paragraph 11 of Part 1 of Art. 27
If a Moldovan citizen was twice (or more) involved for violations provided in Chapter 18 or 20 of the Code on Administrative Offenses of the Russian Federation, that is, committed “serious” administrative offenses, he would be denied under to the amnesty.
Please note: in the official publication of the amnesty, the Ministry of Internal Affairs does not promise to release all violators from liability. The Ministry of Internal Affairs promises to revise the ban on entry or cancel it or reduce the term of the ban.
For those who have a ban on entry into Russia for 10 years, it makes sense to ask at least to reduce the period.
How to be included in the amnesty:
An important condition is the cessation of illegal stay. In the period from 01/01/2019 until February 24, 2019, a Moldovan citizen must stop staying with deadlines and leave Russia. The Ministry of Internal Affairs promises not to interfere with departure and not to bring to administrative responsibility.
Check if your violation relates to those who are under amnesty. If you are officially informed that you are prohibited from entering, you should have a notification.
The prohibition notice always states the reason.
The reason for the ban is not indicated by the phrase “because Ion Creanga was without documents for a long time,” but by reference to the Federal Law No. 144 On the Procedure for Exiting and Entering Russia.
If your violation is subjected to the amnesty (watch the list), prepare a competent statement asking to cancel or revise the decision.
If a spouse or children live in Russia or there are other significant reasons for lifting the ban, be sure to confirm this with documents.
You can apply for the lifting of the ban on entry only once. Therefore, if you need assistance in drafting an application to cancel the decision on the entry ban, it is better to contact a lawyer who is an expert in expulsion or entry ban areas.
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