Deportation and expulsion of foreign citizens beyond the limits of the Russian Federation: the concept, order, how to avoid

The sad end of the trip to Russia can be deportation or expulsion - forced expulsion from the country of foreign citizens who violated migration or administrative legislation of the Russian Federation. The term "deportation" and "expulsion" often give the same value and identified, but it is incorrect.

Deportation Forced departure of a foreigner from Russia to another state is considered. Such a tool is used when a foreign guest loses the legal right to accommodate in the Russian Federation. Migrants are forced voluntarily or forcibly under the convoy to leave the country's limits. Deportation is not considered a punishment for a crime, it is rather a state method of impact on a person. In order to deport the foreigner, it is enough to fulfill only one condition: there are no legal reasons for living in Russia.

With expulsion, the situation is somewhat different. Exterior - This is just a type of punishment for violation of Russian laws, while not always misdeed concern only migration law. Such a procedure is used if, for example, a foreigner crossed the border on the fake documents, violated the customs rules or committed a crime in Russia for which administrative punishment is assumed.

What is the difference between deportation from expulsion?

So, the main differences of the Legal Plan:

The deportation of foreign citizens from Russia is a tool of state impact, expulsion - the type of punishment.
Expanding occurs on the basis of a court decision, which is preceded by the consideration of an administrative offense case. The decision on deportation is adopted by the head of the FMS (from April 2016 - the MIUM MIA), for which only one reason is sufficiently sufficient - a foreigner has no right to be in Russia.
The decision on deportation is executed within 5 days, the decree on expulsion - from the moment it is enformed into legal force.
Appeal in court is possible in different times. To decide on deportation, it is given 3 months from the moment that the migrant has become known about him, for expulsion - within 10 days from the date of receipt.

Deportation and reasons for expulsion

Deportation from Russia is a forced expulsion of a migrant outside the country due to the loss of foreigners or stateless persons (apart) of legal grounds for residence in the Russian Federation. The reasons for such displacement of a foreign citizen often violations of the migration plan are becoming often

Untimely departure from the country after the expiration date of the visa or a visa-free period;
Cancellation that confirmed the legality of being in the Russian Federation;
Reduction of living time in the country for a number of reasons;
Refusal to recognize a foreigner, loss or deprivation of such status;
Illegal entry into the country (for fake documents);
Unwanted finding a foreign guest in Russia.

Order of deportation

The decision on deportation takes the responsible person of the UFMS, about which a foreigner personally inform and take a written obligation from him to leave Russia. If the voluntary execution of the decision does not occur, the migrant is placed in a specialized center and its deportation occurs in a compulsory after a court decision. But this is an extreme measure and resort to it only if a foreigner does not respond to the prescription to leave the Russian Federation.

The consequences of deportation

By itself, deportation does not entail serious legal consequences. An exception can be a categorical refusal of a migrant leaving the country's limits. Then his shipment occurs after a court decision was already in a compulsory basis, when FMS employees under escort accompany foreigners to a transport means of foreign follows.

If the migrant will voluntarily leave Russia, then in the future he may return, having prepared a visa corresponding to his visit goals. Even easier if there is no visa regime as such between countries. But it should be borne in mind that the re-violation of migration legislation will lead to more serious restrictions and in the future such a foreigner will lose opportunity to get into the Russian Federation.

Challenging deportation decision

The decision on deportation can be appealed by a foreigner within 3 months from the moment he became known about this. If it came to court and a court decision was made about the forced expulsion of a foreigner from the Russian Federation, 10 days are given to appeal.

For challenging, a foreigner addresses the court at the place of residence. According to a written request, the execution of the decision on deportation can be postponed during the trial. If the court arises to the side of the plaintiff, then the decision to deportate will be able to cancel. It is allowed to appeal and without going to court by submitting an application to the head of the FMS.

You can cancel the deportation if the migrant has weighty grounds to stay in Russia:

A marriage with a citizen of the Russian Federation is concluded, there is a child or relatives - citizens of Russia;
Migrant worries in Russia on legal grounds, there is a patent or work permit, a labor contract signed;
A foreigner is a student of a Russian university or another educational institution;
A foreign guest is a course of treatment in the Russian Federation;
At the time of deportation, the migrant had permits (PMI or RVP).

Who can not be deported?

For deportation, consular and diplomatic staff do not fall. It is impossible to deport refugees and foreigners who only applied for obtaining refugee status, temporary or political asylum.

It is forbidden to deport people who have lost the status of refugee, but cannot return to their homeland on reasons independent of them: in their country hunger, epidemic, hostilities are in returning the danger of life and health due to religious, racial or political persecution.

External and base for departure

Expanding foreign citizens beyond the limits of the Russian Federation as a result of violation of Russian legislation:

Employment without a patent or work permit;
Late formulation on;
Disruption of the border crossing, transit or stay in the Russian Federation;
Inconsistency of the stated and actual goal of a visit to the country;
Lack of documents confirming the right to reside in the Russian Federation;
Loss of documentation on the right to reside in the Russian Federation and its late recovery;
Evasion from departure from the Russian Federation after the end of the permissible period of residence in the country;
Committing an administrative violation.

Expatriation occurs on the basis of the decision of the judge or responsible person of the border service.

Extension procedure

Exhaust is two types:

Voluntary controlled check-out. It is carried out by a migrant on its own, but under the control of the FMS. In order to evade a foreigner, penalties imposed and expulsion occurs in a compulsory manner;
Forced controlled departure. Most often appointed recurrence - persons who committed an offense for the second time in one year. Before executing a decision on expulsion, a foreigner finds in a special center.

The choice of one or another species depends on the severity of the violation, the personality of the migrant and is determined by the judge.

Overvolving

Appeal of the decision on expulsion can be in court or administrative. For judicial consideration of the issue within 10 days after receipt of the decision, the migrant must file a complaint. The cancellation of the decision will succeed, if it is possible to prove that expulsion from the country violates the rights of a foreigner and is interfering with his personal life. As arguments, the fact of the presence of children, the spouse, which are citizens of Russia, permanent work and stable earnings.

If the resolution on the expulsion was taken on the border of the responsible person of the border guard, then appeal occurs by filing a complaint directly to the head of this department.

The consequences of expulsion

Administrative expulsion outside the Russian Federation of a foreign citizen, as already noted, is a special point of punishment. In addition to expulsion from the country, restrictive measures are also applied to a foreigner. it prohibition for the subsequent visit to Russia for 5 years - Tough and non-alternative sanction, it cannot be replaced with a fine and not so easy to challenge or cancel. But such a strictness of the state is dictated by the inadmissibility of ignoring Russian legislation by foreign guests. Expanding, thus, solves the problem of preventing subsequent possible crimes from the migrant.

But it is not all. If the resolution of expulsion is made for the second time, then entering Russia is closed for 10 years. Simultaneously with expulsion, all permits are canceled: a residence permit, patent, work permit, and so on.

Naturally, for the stretch of these 5-10 years, a foreigner will not be able to receive a visa, a temporary residence permit, to apply for citizenship. Additional penalties are not applied when expulsion.

Payment of deportation and expulsion

Examination from Russia is carried out at the expense:

Migrant itself;
Inviting part, which took responsibility for a foreigner;
Embassies of the country from which the migrant arrived;
Various public organizations;
Budget funds of the Russian Federation.

Ban on entry

It is usually established by the limitations of the FMS, but also a number of other government agencies is also given such right. This is Rospotrebnadzor, Ministry of Justice, Ministry of Internal Affairs, CVR of Russia, FSB, financial monitoring service.

There are two types of restrictions:

Ban on the entry of the Russian Federation;
Resolution of an unwanted stay of a foreigner in the Russian Federation.

The reasons that led to the ban may be different, but usually they are associated with violation of Russian legislation:

Repeated tax evasion;
Two or more misconducts per year (fines due to violations of the road rules here also include);
Provision of concrete documents at the entrance;
Exceeding time of residence in the Russian Federation;
Outstanding conviction in the Russian Federation and another country;
An expulsion decree (entry is limited to 5 years).

It happens that restrictions are superimposed for security reasons and in order to defense.

Checking ban on entry

To learn about the presence of a ban on the entry of a specific foreigner on the official website of the FMS (this service is now included in the structure of the Ministry of Internal Affairs). To form a request, you need to enter into the appropriate FULL Counts, Paul, Date of Birth, Citizenship and Passport Data. The check passes on the list of unwanted migrants in Russia, which is prohibited from entering Russia. The material is familiarized and requires clarification and verification. The answer to the request comes quite quickly. Possible options:

The ban on entry in the Russian Federation is not established;
There is a restriction on the entry (dates are indicated - 3, 5 or 10 years).

Check your status on the UFMS website better in advance, even before the visit to Russia, this will avoid an unpleasant situation at the border.

Time ban on entry

Restrictions for 3 years are waiting for a foreigner if he:

Illegally was in the country over 120 days and more;
At least twice was attracted in administrative responsibility.

The ban for 5 years is possible under the following circumstances:

Repeated violation of the migration regime throughout the year;
Maintenance of illegal employment (work without permission or patent)
Attraction to administrative responsibility two or more times (the fines on the traffic police line are also considered);
Malicious violation of migration rules.

Deportation or expulsion will limit the entry in the Russian Federation for the second time for 10 years.

Removing the entry restriction

There are two options to enter Russia: legal and not quite. The first implies the abolition of the prohibition in the legal field. The second often use illegal migrants. We are talking about the abolition of the ban on the entry in the procedure established by law and obtain a new passport by a foreigner, who has limited the opportunity to visit Russia over the next 5-10 years.

Cancel court decision

Not always migrants can remove imposed restrictions until the end of their validity period. It is impossible to do if the decree on expulsion entered into force and it was not on timely appealed (or the appeal did not change the court decision). But trying it makes sense. To do this, you need to prepare a statement and send it to court. Motivate the request for the removal of the prohibition needs to be substantial arguments. The court can stand on the side of the plaintiff and remove the ban. Then the decision that entered into legal force should be transferred to the migration service and can be sent to Russia.

Migrant tricks

Some migrants enjoy tricks to get to Russia again. Returning to his homeland, a foreigner receives a passport for a new name and draws a visa to the Russian Federation under the other name. For the migration service, such a person is a completely different migrant, which is not listed in its base as a violator, is not blacklisted, its data is not among the persons who are closed travel to Russia. If, with the intersection of the Russian border, the previously expelled alien uses changed data, then when establishing such a fact, the border guard officers are established, these citizens will not miss Russia and will limit the entry already on the new name. And if, when crossing the border, the migrant uses fictitious documents, then it will not only close the entrance for 5-10 years, but can also be criminally responsible.