The reasons and grounds for the ban on entry to Russia.
The most common reasons for the ban on entering Russia:
- Clause 1 article 26 – violation of border or customs rules for crossing the border
- Clause 2 article 26 – deliberately providing false information about yourself and the purpose of entering Russia
- Clause 4 article 26 – committing more than one administrative offense for three years in Russia
- Clause 8 article 26 – violated the term of legal residence for no more than 30 days
- Clause 9 article 26 – participation in the activities of an undesirable foreign organization in Russia
- Clause 10 article 26 – participation in an extremistic organization
- Clause 1 article 27 – a ban on entry for the purposes of security or state’s defense
- Clause 2 article 27 – in case of deportation or expulsion from Russia
- Clause 2.1 article 27 – in case of repetitive expulsion from Russia
- Clause 2.2 article 27 – in case of voluntary departure upon readmission
- Clause 3 article 27 – the presence of a conviction that has not been canceled or outstanding for any criminal offense, both in Russia and abroad
- Clause 4 article 27 – a person did not provide the documents necessary for obtaining or affixing a visa
- Clause 5 article 27 – a person did not present a medical policy upon entry into Russia
- Clause 6 article 27 – a person did not provide confirmation of the availability of funds for residence and subsequent departure from Russia
- Clause 7 article 27 – a foreign citizen is included in the anti-authorization list of Russia in accordance with the Federal Law dated December 28, 2012 N 27
- Clause 10 article 27 – a foreign citizen did not pay taxes, administrative fines or did not reimburse expenses incurred by Russia for his expulsion from the country
- Clause 11 article 27 – the commission of two “grave” administrative offenses in Russia, encroaching on public order and security or two violations on “immigration articles”
- Clause 12 article 27 – violation of the rule of 90 days out of 180 by a foreigner
- Clause 13 article 27 – exceeding the period of stay for more than 180 days
- Clause 14 article 27 – exceeding the period of stay for more than 270 days
The reasons for this decision are described and explained below:
The term of the ban - there is no any. That is, entry will be allowed immediately after elimination of violations.
For example, a foreign citizen, when crossing the border of Russia, violated the rules for importing food products and carries 10 kg of Finnish cheese, i.e. more than 5 kg of products. Entry will be allowed immediately after the delivery or disposal of products transported in excess of the permitted.
Clause 2 article 26 – deliberately providing false information about yourself and the purpose of entering Russia
Under this article, foreign citizens from the countries of the Middle East are often forbidden to enter the Russian Federation cause they applied for student or work visas to enter Russia, but the ultimate goal was to cross the border with Finland and obtain refugee status there.
The severity of administrative offenses, the size of the fine and the fact of payment are not grounds for lifting the ban on entry.
The entry ban under this article is very often applied to foreign drivers or foreigners who have registered the right of ownership, and the car itself has been leased to not very responsible drivers. Two of any administrative fines, even paid, and a ban on entry guaranteed.
The term of the ban for 2 administrative offenses is 3 years.
Do not confuse paragraph 4 of Part 1 of Article 26 114 of the Federal Law (any two administrative procedures for three years), paragraph 11 of Part 1 of Article 27 of 114 of the Federal Law (severe administrative offenses for one year) and violations of certain articles 18 of the chapter the Administrative Offences Code of the Russian Federation, for a single violation of which expulsion from Russia is already applied. And already the fact of an administrative punishment in the form of expulsion entails a decision to ban entry into Russia for a period of 5 years.
For example, a foreign citizen was on the territory of Russia for private purposes, was put on migration registration for a period of 90 days, but at the end of the legal period did not leave Russia.
The term of the ban in this case is 3 years.
The ban does not apply to foreigners who have good reasons for violating the deadline - a serious illness or death of a relative living in Russia, emergency hospitalization or natural disasters.
Please note that close relatives are only parents, children and spouses. The cousin of the stepsister’s neighbour, even if he is a very good person, is not considered as a close relative. It is also important to remember that a close relative, whose illness can be recognized as a good reason, must live in Russia. Foreigners with Temporary Residence Permit, Permanent Residence Permit and Russian citizens are considered to be living in Russia.
The rest - tourists, students and working foreigners are not living in Russia, but only staying. For example, if a married couple from Europe arrived in Russia and one of them (spouse A) was hospitalized for six months due to illness, spouse B could not and should not violate the rules of staying, since husband A does not live in Russia.
Clause 9 article 26 – participation in the activities of an undesirable foreign organization in Russia
New and very controversial basis for a ban on entry into Russia. The concept and degree of participation are not differentiated in the law. In fact, it remains at the discretion of the federal authority. Pay attention to the wording: "involved in the activity ...". In fact, a ban may be adopted in respect of both the manager and the ordinary employee of the Foundation, a non-profit organization, etc.
The term of the ban is unlimited.
The legislator does not provide for a mechanism for lifting the ban under this article. It is not clear whether the ban on entry should be lifted if a foreign citizen ceased his participation in the organization. And how to prove it as well.
The term of the ban is termless, until the organization is removed from the list of terroristic, or until the alien itself is excluded from the list of extremists.
For example, the Church of Jehovah's Witnesses is recognized as an extremist organization (on the decision of the Supreme Court of Russia since April 20, 2017). Thus, all followers of this religious movement who come to Russia may face a ban on entry for the life-term.
Since the concept of state security is very broad and extensive, this article is the most used by the federal authorities, which are authorized to make decisions to ban entry on non-immigrant articles - the FSB (for all kinds of extremists, terrorists, criminal authorities), the Federal Service for Supervision on Consumer Rights Protection and Human Welfare (for foreigners- carriers of socially dangerous diseases), the Foreign Intelligence Service (in relation to foreign intelligence personnel), the Ministry of Defense, the Customs Office, and even the Federal Service for Financial Monitoring.
The decision on the undesirability of staying under this Article can be made even in relation to legally foreigners.
The term of the ban - for the life term.
By the way, the entry ban under paragraph 1 of Part 1 of Article 27 114 of the Federal Law was twice declared unlawful by our bureau and canceled through the court. In one case, it was a life ban, and in the other for 30 years.
The decision on the ban is made and is calculated from the date when the expulsion order comes into force.
The term of the ban on entry is 5 years.
For example, if a foreign citizen was expelled on 03/01/2015 for illegal labor activity in Moscow, the entry ban on him would be valid until 11.03.2020.
Repetitive expulsion, repetitive deportation or readmission of a foreign citizen.
Please note, the law does not establish the period during which repetitive expulsion has to be appointed.
This means that any foreign citizen will be sentenced for 10 years on the ban on entry for a repetitive expulsion.
Example: a foreigner was expelled from Russia on 01.01.2009. The ban had expired on January 11, 2014, and he returned to Russia. If such a foreign citizen will be sentenced to be expelled even after 10 or 20 years, the term of the appointed ban after the repeated ban will be not 5, but already 10 years.
The term of the ban on entry is 10 years.
Voluntary departure (termination of readmission) to the country of origin.
The term of the ban on entry is 3 years.
Clause 3 article 27 – the presence of a conviction that has not been canceled or outstanding for any criminal offense, both in Russia and abroad
The severity of the crime, the type of punishment imposed (just a fine or imprisonment) or the fact of serving the sentence does not matter. A previous conviction must be canceled, after which the entry ban will be canceled.
Since the maturity dates of convictions for different categories of crime are different, then the entry ban for foreigners who were previously convicted will be different:
the term of the ban on entry is 1 year - in case of imposition of any punishment, except for imprisonment (paragraph 3 of paragraph 8.6 of the Criminal Code of the Russian Federation),
the term of the ban on entry is 3 years - in case of conviction to imprisonment for crimes of minor and moderate severity (clause 3 of article 86 of the Criminal Code of the Russian Federation),
the term of the ban on entry is 8 years - when convicted to imprisonment for serious crimes (paragraph 3 of article 86 of the Criminal Code of the Russian Federation),
the term of the ban on entry is 10 years - in case of conviction to imprisonment for especially grave crimes (paragraph 3 of article 86 of the Criminal Code of the Russian Federation),
Please note: if a foreign citizen committed a crime and was convicted in another state under other criminal laws and with a different calculation of the terms of repayment, when calculating the period of prohibition on entry, the norms of Russian legislation are applied.
The decision to ban entry into Russia is made only in relation to those foreign citizens who have been convicted either in Russia or in another state, but such an offense is considered a crime and is recognized by the Russian legal system.
For example, if a foreign citizen was sentenced to 3 years of freedom for blowing bubbles in a public place in another state and such an act is not considered as criminal in Russia, problems with entering Russia will most likely not occur.
Clause 4 article 27 – a person did not provide the documents necessary for obtaining or affixing a visa
The term of the ban - there is no any. That is, entry will be allowed immediately after elimination of violations and the provision of the necessary documents for the visa.
The term of the ban - there is no any. That is, entry will be allowed immediately after the elimination of violations, the purchase and presentation of a medical policy.
Pay attention to the wording "medical insurance policy valid in Russia ...". From which it follows that the various travel or medical policies that are not valid in Russia are not suitable confirmation for legal entry into Russia.
This condition does not apply to diplomats and consular officers.
See also: Contradictions Clause.5 part.1 Art.27 114 of the Federal Law and Art. 115 of the Federal Law
Make a health insurance policy
Clause 6 article 27 – a person did not provide confirmation of the availability of funds for residence and subsequent departure from Russia
The confirmation procedure requires a guarantee letter, invitation, return ticket or travel guarantee.
According to observations, this provision is not actually applied when controlling the entry flow of foreign citizens from visa-free countries, although the procedure was established by law as early as 2003 and does not provide for exceptions for citizens of the CIS.
The term of the ban - there is no any. That is, entry will be allowed immediately after elimination of violations: the presentation of evidence of the availability of funds.
It does not apply to foreigners arriving to Russia on a business trip, for an official visit, for those who have relatives in the Russian Federation and for refugees as well.
Clause 7 article 27 – a foreign citizen is included in the anti-authorization list of Russia in accordance with the Federal Law dated December 28, 2012 N 27
This law defines the grounds and procedure for the implementation of "measures of influence" on individuals who have committed a violation of the rights and freedoms of Russian citizens.
According to the Federal Law 272 of December 28, 2012, the federal body maintains a specific list of foreign citizens.
The list of foreign citizens whose entry is prohibited is kept by the Ministry of Foreign Affairs of Russia. The initiator of the inclusion in the sanctions list may be the Foreign Ministry, members of the Council of the Federation Council, State Duma deputies, the Commissioner for Human Rights, the chairmen of parties and the heads of state bodies.
The term of the ban - for the life term. Exclusion from the list is not provided by law.
The list is not officially published, but according to the media, it is precisely on this basis that former US Ambassador to Russia Michael McFaul is not allowed to enter Russia.
Clause 10 article 27 – a foreign citizen did not pay taxes, administrative fines or did not reimburse expenses incurred by Russia for his expulsion from the country
Not all foreign citizens, like Russian citizens, observe tax or administrative discipline in terms of paying taxes, fines or government spending. But, if the citizens of Russia can be found by the all-powerful FSSP (the Federal Bailiffs Service) at the place of work or residence, foreigners often do not have real estate, do not officially get a job, which complicates their search, and they think - «when I leave and they will forget about me» But that’s not true. FTS (the Federal Tax Service) and FSSP remember everyone.
Even when traveling for a long time, for example, for 5 years in case of expulsion, a foreign citizen will not be able to enter if at a checkpoint in the Russian Federation it is determined that he is a debtor to the state.
Please note: a ban on this basis cannot be applied to foreigners who have a debt to individuals approved by the court. That is, the state cares more about the budget. But in respect of foreign debtors in civil disputes (alimony, debts) and criminal fines, the UFSSP (the Federal Bailiff Service Directorate) may adopt a ban on departure, as well as in relation to Russian citizens. Moreover, the fact of the expiration of permits for foreigners of UFSSP employees is less concerned than the execution of production.
The term of the ban - there is no any. That is, entry will be allowed immediately after elimination of violations: the execution of all statutory payments or reimbursement of expenses for expulsion.
When executing missed payments, it is necessary to keep all checks and receipts, wait for the information about payment in the State information system of public payments to appear, after which the entry ban will be canceled. Maturity and receipt of funds can reach one to two months from the date of payment.
Clause 11 article 27 – the commission of two “grave” administrative offenses in Russia, encroaching on public order and security or two violations on “immigration articles”
In fact, this provision is a twin of paragraph 4 of Part 1 of Article 26 of 114 f the Federal Law - (2 or more administrative offenses for three years), but there are a number of differences:
- administrative offenses were committed precisely in the field of public order and security (Chapter 20 of the Code on Administrative Offenses of the Russian Federation) or it touch regime of staying (Chapter 18 of the Code of Administrative Offenses of the Russian Federation),
- administrative offenses were committed not within 3 years, as in the case of paragraph 4 of Part 1 of Article 26 114 f the Federal Law , but within one year,
- The term of the ban is not 3, but 5 years.
This provision correlates with paragraph 2 of Part 1 of Article 5 of the Federal Law 115 “On the Legal Status of Foreign Citizens”, according to which a foreign citizen cannot stay in Russia for more than 90 days for a period of 180 days, unless in the previous period he had not designed and had not had a patent, work permit, Temporary residence Permit or Permanent residence permit. Also, this provision applies to Visa applicants who, with the 90/180 business visa, did not keep records of their stay in Russia and exceeded it even by one day.
For exceeding the period of 90 days from 180, clause 12 of Part 1 of Article 27 of 114 f the Federal Law prohibits entry, and in the event of a violation found by officers of the police, police department or the Federal Security Service of Ukraine when checking documents, a foreign citizen is liable under Article 18.8 of the Administrative Code with administrative expulsion.
The term of the ban - 3 years.
The term of the ban is 5 years.
The term of the ban is 10 years.
Clauses 13 and 14 of part 1 of article 27 114 of the Federal Law are in fact identical in content to the provisions of the law, which establish as a basis for a ban on entry for a prolonged excess of the period of illegal stay in Russia of a foreign citizen. The difference in the established period of illegal stay (paragraph 13 - 181-270 days, and paragraph 14 is more than 270 days), and the designated period of the ban on entry - 5 or 10 years, respectively. These violations are recognized as one of the most serious with the appointment of a long period of a ban on entry.
Please note that by setting a 10-year entry ban for violators of the term of staying, the legislature is trying to convey information to foreign citizens - we don’t like those who violate the regime of staying and people who do not respect the rules and laws of Russia.
In fact, a 10-year ban on entry is established only for two categories of foreign citizens - exceeding the period of stay of 270 days and convicted for especially grave crimes.
This is a serious reason for foreign citizens to reflect on their own attitude to the registration of permits, compliance with the regime of staying, the rules and regulations of the migration legislation of Russia.
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