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Cancellation of a ban on entry to Russia
Cancellation of a ban on entry to Russia
The ban on entry is often perceived with humility. Some people prefer to wait patiently for the deadline to expire.
Another category of foreigners believes that the decision on the ban on entry can be not enforced and the ban on entry can be “outlasted” in Russia.
They are fairly quickly identified and deported or banned for up to 10 years.
The Migration Lawyer reminds you: the entry ban must be either enforced or tried to appeal.
There is a procedure for reviewing and revoking the decision on the ban on entry.
The entry ban can be reviewed and revoked by the initiator or the court.
With the help of a professional who will represent your interests in court, the ban can even be lifted and being outside of Russia.
Remember: it is important to ask for legal assistance as early as possible. Call the Migration Lawyer Company as soon as you find out about the problem!
What is the ban on entry
The prohibition for a foreign citizen to enter Russia is a usual decision made by a government agency with serious consequences for both a foreigner and his family, friends, and even an employer.
It is impossible to cross the border of Russia if such restrictive measure was applied to you. This is a felony.
Any foreigner can be banned on entering Russia. Non-admission of entry is one of the measures of state response to any violations.
The ban on entry looks like a special mark in the information base of the department responsible for allowing foreigners to cross the border - the Frontier Department of the Federal Security Service of Russia.
Also, the ban on entry is visible in the database of the Department of Migration Affairs of the Ministry of Internal Affairs, which is called the CBD UIG (the Central Database on Accounting for Foreign Citizens).
The ban on entry is used in order to protect state and public interests in relation to subjects who violated legislation in the field of migration, committed other misdemeanors in the territory of the Russian Federation. The abolition of the ban on entry into the Russian Federation is a time-consuming process that clearly requires the participation of a professional lawyer.
The term of the ban on entry to Russia
Terms of the prohibition of entry vary depending on its reasons. The term of the ban is set by the authorized body in accordance with the requirements of the law. This is usually a temporary measure of exposure, but the ban period in Russia is one of the longest in the world.
Terms of bans on entry to Russia:
- 1 year - outstanding conviction
- 3 years - for 2 fines, non-compliance with rule 90 days out of 180 days, voluntary readmission
- 5 years - after expulsion, if the period of stay in Russia without documents was exceeded
- 8 years - outstanding conviction for a serious crime
- 10 years - repeated expulsion from Russia, gross violation of terms of stay, outstanding conviction for a particularly serious crime
- For a life term - is a special danger to society.
Decisions on a lifetime ban on entry are called a decision on the undesirability of stay.
This decision is made by the FSB - in relation to particularly dangerous persons, by the Ministry of Defense - in relation to personnel intelligence officers of other countries, by the Ministry of Interior - in relation to authorities and "thieves in law", by the Ministry of Foreign Affairs - in relation to "bad" diplomats, by Rospotrebnadzor (Federal Supervisory Service for Consumer Rights and Human Welfare) - in relation to persons with incurable dangerous diseases.
The decision about the undesirability of stay is very difficult to cancel, such cases require special experience and qualifications.
But the ban for any period can be appealed and canceled. Our lawyers have repeatedly lifted the life ban on entry to Russia.
Who accepts a ban on entry
The list of departments who can accept the ban is set by law. No other authorities or departments can prohibit a foreigner from entering Russia.
It is also important to know that the ban on entry is not accepted by the court (like expulsion), but only by state-authorized bodies.
List of those are here:
- MIA - in relation to violators of migration and administrative legislation.
The Ministry of Internal Affairs has always had independent powers to prevent the entry of foreign nationals. In 2014, the FMS and the Federal Drug Control Service (earlier the Federal Drug Control Service prohibited the entry for the life term for those who previously was convicted under Article 228 of the Criminal Code of the Russian Federation) were added to the Ministry of Internal Affairs and gave their authority. Now, the Ministry of Internal Affairs can prohibit entry to Russia both for non-compliance with immigration laws and for other reasons.
It is the Ministry of Internal Affairs that makes 95% of decisions on non-permission of entry.
- The FSB - for extremism, terrorism, particular danger to the state system of Russia
- The Ministry of Defense - in relation to intelligence officers of other states
- The Rosfinmonitoring - in relation to tax fraud
- The Rospotrebnadzor - in relation to socially dangerous diseases
- The Ministry of Justice - in relation to previously convicted person
- The Ministry of Foreign Affairs - in relation to unfriendly diplomats
Often a prohibition on entry arises on the basis of a court order that, for example, has adopted a decision on the expulsion of a foreigner. But the ban on entry in this case will still be set by the Ministry of Internal Affairs of Russia.
Procedures for the application of such sanctions for each department are governed by internal regulations. The way to lift the ban on entry to Russia is often the same - through the courts.
The reasons for the ban on entry to Russia
Russian legislation establishes an extensive list of grounds on which a foreigner may be banned. Talking about this topic it is necessary to study the law № 114 of the Federal Law. Here are the most frequent reasons for applying restrictions:
- Providing false information about the purpose of the visit to the country, about the person;
- Violation of terms of stay in Russia. If the pass was up to 90 days, the prohibition to entry would be for 3 years, if is was up to 180 - the prohibition would be for 5 years, if it was up to 270 - the prohibition to entry would be for 10 years;
- There is no payment for the patent. From the first day of non-deposit of funds, the patent is canceled, and further stay in the country becomes illegal. Responsibility applies even if payment was made by incorrect details or with a delay of 1 day;
- Attempt to enter on falsified documents, in other cases when forged papers were used;
- After the procedures of expulsion, transfer on readmission, deportation. The total duration of the ban is 5 years, if the procedures have been applied several times - 10 years;
- Upon termination of the readmission procedure with respect to the person;
- In case of repeated prosecution for administrative offenses in Russia;
- If you have a conviction for an intentional crime. At the same time, it does not matter where it is done, on the territory of the Russian Federation or on the territory of another state;
- In violation of customs and health standards at border crossings. These circumstances can be eliminated on the spot and after this enter the country;
- In the absence of the necessary documents for obtaining a visa or in case of a lack of funds to ensure the stay in the country;
- Previously admitted evasion from taxes, the cost of expulsion from the country while staying in the Russian Federation;
- If the period of stay in the Russian Federation exceeds 90 days every 6 months.
This list is inexhaustible, as we can see, there are many reasons for a ban. Terms that are used in the ban vary depending on the severity of the violation. They can be up to 10 years.
Usually a foreigner is not even notified that his entrance to the Russian Federation is closed! Authorized bodies have such a right, but not an obligation. And there is practically no responsibility for the non-notification of the foreigner.
Therefore, it is recommended to check whether there are restrictions on the entering citizen. If there is any, it does not make sense to try to “get through” through the checkpoint, first you need to deal with the abolition of the ban on entry to the Russian Federation.
How can a foreigner check if there is a ban?
Such information is provided by the General Directorate for Migration Affairs of the Ministry of Internal Affairs of the Russian Federation. A foreigner needs to go to the official website of the department.
There is a request form that allows you to send an application in electronic format to verify the information. It is necessary to fill in the boxes under the surname, name, patronymic name in Russian and Latin letters, indicate the gender, citizenship, date of birth, details of the identity document.
Next, enter the verification code, and the request will be sent. The answer will go almost immediately.
However, the site indicates that the information provided is for informational purposes only.
In addition, the website of the Main Department of Internal Affairs of the Ministry of Internal Affairs of Russia does not contain information about the ban by other departments. The ban from Rospotrebnadzor or Rosfinmonitoring will never appear there.
Therefore, in some cases it is better to contact with a written official request to the Directorate for Migration Affairs’s unit. It may be filed by the person concerned himself or his authorized representative. Within 10 days of receipt of the application, the authority is obliged to respond to it, which is sent by mail.
How can the ban on entry to the Russian Federation be cancelled?
It cannot be argued that any ban can be lifted. For example, as practice shows, if the ban is imposed by the FSB or the Ministry of Defense, it is extremely difficult to challenge it.
However, the general procedure for appealing is as follows: it is necessary to submit a corresponding application to a court, determined by jurisdiction, in the territory of Russia.
The requirement is made in the form of a claim and is considered in the general order of the claim proceedings.
In some cases, the entry ban can be lifted directly through the Directorate for Migration Affairs: with a minor violation, when the decision to ban was made by this body.
Legal grounds for lifting the ban
The choice of a specific reason for appealing a ban depends on the reasons for it and the specifics of the case. We list the reasons for which the ban on entry is removed most often:
- In the presence of close relatives who are citizens of Russia. Relatives are spouses, children and parents. If a citizenship is not obtained, but there is a residence permit, it can also help. If there are other relatives (grandmothers, grandfathers, brothers, sisters, etc.), it is necessary to prove that the applicant lived together with them, they were dependent on him;
- In the exercise of employment under a patent or work permit. For example, in the case when the Directorate for Migration Affairs revealed a patent violation, but the violation was subsequently eliminated, and the patent itself was re-registered and fully paid, the agency itself can lift the ban;
- In the presence of a permanent residence permit or a temporary residence permit in the Russian Federation;
- In the case of necessary emergency specialized treatment on the territory of Russia;
- If a person is studying in a Russian university with state accreditation.
The presence of relatives, including minor children, is not an unconditional basis for the abolition of the ban on entry to Russia.
Please note that each legal situation is different, it may contain a different reason for the abolition of the ban on entry.
What documents will be needed to cancel the ban?
A package of papers is formed taking into account the basis on which the ban is lifted. All that is provided in the justification must be supported by appropriate written evidence and documents. If among them there are documents formed not in Russian, you need to translate them with a notarial ID.
If you are interested in lifting the ban on entering Russia, you need to work out a certain tactics of behavior and select documents depending on it. Standard package includes:
Documents of the applicant, from the passport to the permits obtained in Russia: patents, registration, an employment contract;
The results of the appeal to the Directorate for Migration Affairs with the request;
Evidence of the presence of relatives, the need for treatment, study at the university - depending on the circumstances of the case;
Other testimonies that positively characterize the applicant’s personality and may become mitigating circumstances.
How long does the lifting of the entry ban take?
How long the cancellation procedure lasts depends on how it is performed. When appealing through the Directorate for Migration Affairs, the whole process can take from 1 to 3 months.
In judicial review of a dispute, on average, it may take from 2 months, and if you have to appeal the decision, it will be much more.
Judicial practice knows a lot of cases where the ban on entry has already expired, and litigation has continued.
Why should you use the help of a lawyer in this procedure?
When a person is in the territory of another state, which usually happens when appealing a ban, an authorized representative, an attorney or a professional lawyer has the right to defend the interests on his behalf.
Legal assistance is required in any case, not only when filing a claim, but also at the stage of communication with the authorized bodies, establishing the reasons for the ban, familiarization with the materials of administrative proceedings, etc. Thus, the chances of a successful resolution of the case increase significantly.
Without a lawyer, the appeal and the abolition of the ban on entry to Russia is virtually impossible.
Examples of situations
Examples of situations
A young girl, a citizen of Ukraine, was very sensitive to immigration laws. The patent had not been registered, but she strictly complied with the rule 90 out of 180. She married a citizen of Russia and changed her last name. And for some reason, the FMS base did not see the change of last name. According to the information from the base, the girl allegedly continuously was staying in Russia since 2015 to 2018. The result - is a ban for 10 years. The ban of course was canceled
A young man, a citizen of Ukraine was looking for a job. He contacted the agency. It looked like they had a job for him, so they started to make a patent. They signed an employment contract, the patent was issued and received. Almost a year later, it turned out that the agency had a bad history and reputation. All foreigners’ documents, including our client’s, were canceled and they had been put a ban on the provision of false information. The ban was canceled in court with our help.
A young girl married to a Russian citizen gave birth in St. Petersburg. Also a citizen of Russia. In order not to violate the law and not to exceed the length of stay, left an infant !!! in the care of her grandmother, went to the border for a new migration card. But she received a ban on entry for violating rule 90 of 180. It turns out that she needed to get a patent for the duration of the pregnancy. The decision is overturned by the Presidium of the City Court.
Ask a lawyer
- май 2018 г. - в отношении иностранного гражданина принято решение о запрете на въезд на 10 ЛЕТ ! ! !. Решение принято с нарушениями и не совсем обоснованно.
- Отменить 10-летний запрет на въезд в УВМ МВД или суде.
- Производство по иску прекращено, в связи с добровольной отменой запрета сотрудниками УВМ МВД России.
- май 2014 г. - гражданину Армении поставили запрет на въезд. В России осталась жена с маленьким ребенком
- Отменить запрет в кратчайшие сроки
- Запрет отменен без суда
- июнь 2014 г. - Управление ФСБ по ошибочному решению УФМС по СПб запретило въезд в Россию иностранному гражданину.
- Отменить принятое решение о запрете на въезд к кратчайшие сроки. Восстановить права иностранного гражданина в том числе на свободное перемещение и въезд на территорию России
- Решение о запрещении въезда отменено. Внесены изменения в списки лиц, которым запрещен въезд в Россию
- март 2015 г. - запрещен въезд в Россию иностранному гражданину
- Отменить запрет на въезд
- Решение УФМС отменено без обращения в суд. Въезд в Россию разрешен
- июнь 2016 г. - решением Ленинградского областного суда было отменено выдворение из России высококвалифицированного специалиста, гражданина Королевства Нидерланды. Решение апелляционной инстанции вступило в законную силу в тот же день, но сотрудники УФМС исполнять его не торопились.
- Добиться от сотрудников УФМС исполнения решения суда об отмене выдворения
- Подданный Королевства Нидерланды исключен из запретных списков
- 2017 г. - запрет на въезд в отношении иностранного гражданина отменен в суде. Ответчик уклоняется исполнения решения суда
- Добиться исполнения судебного решения в части отмены решения о нежелательности пребывания в России.
- Решение о нежелательности и запрет на въезд отменить, из списков исключить
- август 2018 г. - гражданину Республики К. запрещен въезд в Россию. В Санкт-Петербурге осталась жена и дочь-школьница.
- Максимально оперативно отменить запрет на въезд, восстановить семью
- Решение о нежелательности отменено в досудебном порядке
- декабрь 2018 г. - крупная строительная компания потеряла (не смогли продлить визу) важного специалиста-визовика, которому поставили запрет на въезд из-за штрафов.
- Помочь компании вернуть специалиста - отменить запрет на въезд и оказать содействие с получением приглашения и визы.
- Решение УВМ МВД отменено без обращения в суд. Въезд в Россию разрешен
- декабрь 2018 г. - иностранка выехала из страны с большим пребыванием законного срока пребывания и получила запрет на въезд на 5 лет. В России остался супруг НЕгражданин России, но постоянно здесь пребывающий.
- Устранить препятствия для въезда и отменить запрет в максимально короткие сроки
- Решение УВМ МВД отменено без обращения в суд. Въезд в Россию разрешен