Deportation: Causes, Consequences, Prevention

One of the forms of compulsory eviction of foreigners from its own territories to another state was deportation. Although this term appeared in the XVIII century, the modern attitude of him is ambiguous - from pity for forced migrants before the denial of such a concept generally relative to some historical events (for example, in the USSR). About understanding, legislative grounds, reasons and consequences for a citizen of the process speak this material.

Concept of migration

In recent decades, the number of immigrants in recent decades speaks about the mobility of the population and its solid intention to find the best living conditions. The process of moving a person from one place to another is called migration. The distance, types of settlements, the status of a person in a foreign country, as well as its intentions and motives - all this grounds for the classification of immigrants. However, they combine their one: the fact of staying on "not its" territory.

We suggest to understand more detail in those.

Approaches to the definition of the term "deportation"

Exhalation, expulsion, readmission, extradition - all these are terms characterizing the process of forced relocation of a citizen beyond the country. Let's try to figure out who, for which under what conditions can "expel" from the state.

"The Explanatory Dictionary of the Russian Language" S. I. Ozhegova and N. Yu. Swedovaya submits concisely: "Exit, remove from the country." A new dictionary of foreign words indicates the reasons for a criminal or administrative violation. A "Dictionary of new foreign words" N. G. Komleva serves a second interpretation of the term: "Forced relocation as a tool of state policy." In scientific and legislative sources, it is described how deportation is derived - voluntarily or under converge, which depends on the causes and intentions of the foreigner. The guard accompanies criminals, as well as those who refuse to follow the letter of the law and leave the country voluntarily. The eviction process itself is one of the tools of the state of the state with. The concept of "indefect deportation" means a ban on a visit to the state in the future. It applies more often to persons who committed an offense. For those who have simply overdue the period of staying in the country, it is usually determined by the deadline for which it will be possible again. It will be appropriate to tell all about deportation and expulsion, as many confuse these terms. Expanding is punishment for the administrative offense, which is forced expulsion outside the state. Here, the foundation is the verdict of the Court, which must be performed, even if a person has documents for legitimate accommodation in the country (,). In the case of deportation, the decision on the movement of the foreigner receives the head of the territorial migration authority. And deportees are foreign citizens who are in the country without relevant documents, not necessarily offenders.

Regulatory legislation

Russian legislation clearly prescribes the grounds and the process of evicting foreigners and stateless persons from their territory. At the same time, the Federal Law on Deportation in the country is not accepted. The procedure for compulsory eviction outside the state is carried out on the basis of such legislation:

Federal Law "On the Legal State of Foreign Citizens in the Russian Federation" of July 25, 2002 No. 115-FZ;
Federal Law "On Citizenship of the Russian Federation" of 31.05.2002 No. 62-FZ;
Federal Law "On the procedure for departure from the Russian Federation and entry into the Russian Federation" of August 15, 1996 No. 114-FZ;
separate chapters of administrative and criminal codecs.

The decision on deportation is made on a variety of grounds, but there are categories of people who, according to international law, cannot be evaluated. First of all, citizens of the country include this: this is stated in the 4th protocol of the European Convention on the Protection of Human Rights. So the Russians in Russia, and the Greeks in Greece under no circumstances will fall into this process. Representatives of national minorities and indigenous people can sleep well, because the Roman Statute of the International Crime Court (Article 7) considers their forced relocation of the crime and provides for international sanctions.
Also on how to solve deportation deeds may not be conceived:

asking or and claiming (before making an official decision on their issue);
those who have already received such status (as long as he acts);
those who have "humanitarian status" ended, but to their homeland to send spohannno (may be subject to persecution on racial, political, religious reasons);
employees of embassies and consulates.

And if there is no citizenship

With the owners of foreign passports, everything is clear: they are sent home. And how is the deportation of a person without citizenship - another important question. Most often, the question of compulsory eviction of Apadrid becomes acute in violating the law. After serving the punishment and, in fact, the inability to evict it to a certain country is used by an indefinite conclusion, which is based on the "undesirable speech" of him in society.

Foundation for forced eviction

Calculate, for which they can deport, should every foreigner, crossing the border of the state, at least in order to prevent. Labor migrants and guests of the state (tourists, for example), deportation does not threaten if they are not noticed by administrative or criminal offenses and documents, as they say, "in order". Otherwise measures are taken. The main and most common causes of deportation are in violation of the migration regime of staying in the state. Thus, a foreign citizen can deport if he:

drove into the country illegally or by fake documents;
lives with an invalid stamp or certificate (RVP, a residence permit, visa, etc.);
or on a tourist visa;
did not notify the relevant authorities about the change of residence;
we had previously been banned for entry into the country.

In mandatory, the offenders will be forcibly evicted, and not only criminals. If you are interested in the question whether it can be deported for an administrative offense, know: can and do it if the court decides so much. Only this procedure will be referred to. Also is also exposed to a person who is considered a "undesirable" guest in the country. In the countries of the Middle East, it is a deportation for immoral behavior.

The deportation process (execution procedure)

Citizens who are prescribed by the court or migration authorities forced eviction from the country, it is desirable to know the procedure for the implementation of deportation. This process launches due to the detection of the delay of the document - the basis of the stay of the foreigner in the territory of the Russian Federation or due to the commitment of them. In this case, a foreign citizen is delivered to the police "before the clarification" and if it is defined as a violator specifically in the migration sphere, it is transported to special institutions for people to be evicted. After the administration of the Ministry of Internal Affairs of the Ministry of Internal Affairs of the decision on the deportation of a foreigner goes home. An option is also found when a foreign citizen does not have time to even officially enter the state. A little worth talking about why and how deportation from the country at the airport is. Stop the journey, barely leaving the plane, risk people who, for example, an overdue visa or there is a ban on entering the country "from last time." In this case, the head of the migration authority decides on sending it to his homeland.
Quite often, confusion occurs in the understanding of the term "deportation" and "extradition", although there is nothing in common between them. The extradition says when the court instructs "to issue" a foreign citizen to the state in which he is recognized as a criminal. That is, in fact on the territory, for example, the Russian Federation, he is pure before the law, but Russia, being a member of various international treaties, must transfer it to another state where he will appear before the court and will come off. In the case of the ratio of the concepts of "deportation" and "READMISSION", the second is the mandatory fact of the availability of international treaties and agreements that regulate issues of issuing individual citizens. Under the conditions of such contracts, it is often possible to expulum into a specific country not only its citizens, but also subjects of other states that came from it. A separate case is deportation after serving the sentence. Suppose if, for example, the Italian violated Russian laws, he is obliged to perform a court sentence and only after that return to his homeland. Moreover, for his expulsion, an additional order of the Ministry of Justice is needed on the "undesirable" of finding a given citizen in the country. Only after that, the migration authorities decide on its eviction and inform about this administration of the place of sentence. If the court is provided, for example, only a fine or mandatory work (and not imprisonment), a foreigner goes home after fulfilling obligations.

If a longer period was delayed

The most frequent occasion for expulsion is a violation of staying in the country. After the final date, a foreigner undertakes to leave the territory of the state within 3 days, otherwise it will have to leave forcibly with the payment of the fine.

If canceled PMF

If for some reason is recognized as an invalid document, which is the basis of a legitimate stay in the country (a residence permit, for example), a citizen has 15 calendar days for a voluntary departure, otherwise he is subject to deportation.

If the decision took the court

We mentioned who decide on deportation is the head of migration bodies or court. Judicial regulations apply to citizens who violated the law, and further implement the expulsion procedure. In history, there were cases when the decision to evicting entire peoples was initiated by the authorities, which was part of public policy. For example, such a decree on deportation was signed by the Presidium of the USSR Sun on August 28, 1941 and concerned the forced resettlement of the Germans who lived on the territory of the Volga region. More than 400 thousand representatives of this nationality were moved to Siberia, Kazakhstan and Central Asia.

Who pays the expulsion

International and national law rightly prescribes a foreigner to leave for his own expense. However, if the deposited does not have the desired amount, the expulsion can be carried out during financing:

who invited (employer, international organization, natural person);
the diplomatic representation of the "native" state;
stay countries (if the above options are impossible).

Terms of deportation

How many years are deported - one of the most pressing issues that are interested in foreigners living in the Russian Federation. If a person has expired or canceled permits and certificates, there are administrative violations, it risks to receive a ban on a country at 3, 5 and even 10 years, depending on the causes of deportation. So behind your documents, you need to extend them in time. In domestic legislation, it is not provided for the option to reduce the term of deportation of foreign citizens from the Russian Federation, it can either be observed or appeal and completely canceled. Not a completely legitimate option to enter Russia to receive a new passport on the homeland. If such tricks are found to the migration authorities, a foreigner threatens the ban to visit the country and under the new name, and if the documents are fictitious, it is also subject to criminal responsibility. In some cases, citizens, on the contrary, need to know how to speed up deportation. In such cases, state bodies report on the facts of violation by a foreign citizen of migration laws (the expiration of documents, accommodation is not, etc.).

Cancellation of deportation: in what cases is possible

A foreigner, who is prescribed to leave the country, of course, is trying to figure out how to cancel the deportation if all the documents are in order. The following foundations will cancel the expulsion:

a foreigner relatives (parents, children, spouses) are Russian citizens;
just an error occurred and a citizen in the hands of real residence permit, RVP or patent;
the term of study (for students) has not yet completed;
it is necessary to treat severe diseases.

How much is it worth removing the deportation through the court - the question of all who has fallen into a similar situation. After all, the only possible option to appeal the decision of the migration bodies is to submit a corresponding claim to the court at the place of their location. You can do it within 3 months after expulsion notification. On the appeal to the court decision is given 10 days. The price for the abolition of deportation in 2019 depends on the case, determined by a specific lawyer and can be from 25,000 to 30,000 rubles. The range of services, as a rule, includes:

finding out the circumstances;
drawing up a petition;
representation in court;
registration of all documents after the decision of the Court.

How to check the passport: whether there is still a ban

It is also worth saying how deportation looks like in a passport and whether it is noted in the documents at all. To put or not to put such a stamp - depends on the legislation of the country, but even its absence in a foreign passport is not allowed to hide this fact from government agencies. The decision on deportation is usually established (depending on the reasons) a specific period for which entry is prohibited. Citizen's final dates may not be informed officially, and only the next visit to the country will become clear, the deportation was canceled or not. Progress does not stand still, and state bodies on migration are trying to go with him. Today, you can find out your status (even without visiting the state) without leaving the house - through the online inspection system on the official website of the LUCHM of the Ministry of Internal Affairs of the Russian Federation. By filling out a small questionnaire, a person receives the necessary data for several days.

Ways to protest the decision on deportation

There are cases when the expulsion of a particular person from the country is beneficial to his relatives, business partners or even authorities. What if a foreigner is confident in its rightness, and the actions of sending it organs considers illegal? The answer is one - go to court. At the same time, the petition for the revision of the court decision is important to write within 10 days from the date of its adoption. The expulsion process stops at the time of hearings so that the applicant could be present personally at meetings and defend interests.

How to make a appeal

The basis for the beginning of the hearing on the protesting of deportation is the appeal complaint. A competent lawyer will help to make it help, but if you know the rules for filling out paper, with the help of which you can appeal to the deportation, it will be easy to do this and the foremost citizen.

The main thing is to correctly indicate all the initial data of court decisions that are refuted, and legislative acts referred to the person to confirm its rightness; Be sure to provide evidence, why deportation is illegal, and rinse the words with the relevant documents.

If the arguments are good, and the actions of the migration bodies will be recognized as illegal, the decision on expulsion from the country should be canceled.

What threatens the intruder

The consequences of deportation can be material and limiting. They should not be afraid to citizens who are a bit exceeded the period of stay in the country and voluntarily left it. If a foreigner was unreasonable in the state and violated migration legislation, he threatens deportation and ban on entry, if there are no one or two documents when checking at the airport, they can send it to their homeland with the same aircraft without any particular consequences, with the exception of spent time and nerves . But with administrative expulsion (by the court decision), a citizen of another country is prohibited to cross the state of a minimum of 5 years. The legislation also provides a criminal penalty for the deportation in the event that there was a commitment of the permanent crime (fake of documents, for example), and then when a foreigner shied away from the departure, hid from government representatives. It seems the composition of the offense, and it is worth being prepared for material sanctions. Is it possible to remove the deportation by paying the penalty - the decision of this problem is in the competence of the authorities. After all, sometimes the courts do not have the opportunity to prescribe another, except for expulsion, the type of punishment even for a minor violation by the migrant legislation. And the penalty in such a situation would be a good alternative. Information about persons who were hidden from the law and did not leave the country to the designated period, enter the so-called "black" list - a special register of the MIUM MIA. Here in the open access you can find data from foreigners whose finding in the Russian Federation is recognized as "undesirable."

If you arrived, despite the ban

The intersection of the Russian border was previously determined by the terms of deportation (expulsion), fraught for a foreigner by re-expulsion and an increase in the ban on entering the state to 10 years.

Prevention of deportation

Experienced lawyers, migration authorities, and simply thematic Internet sites give immigrants to deportate, which will help to avoid a humiliating eviction procedure. The main advice to foreign citizens wishing to stay in the country:

correctly fill all points, correctly and accurately speaking the reasons for staying in the country;
on time, and;
do not transfer the original documents to anyone;
on time to extend all references and certificates;
do not violate Russian legislation.

Compliance with these prescriptions and is the answer to the question of how to avoid deportation.

You can not leave deport

The causes and grounds for staying on the territory of the foreign state each migrant is different. Deportation as a forced expulsion should not scare bona fide citizens, but for violators, it becomes a measure of fair punishment for disrespecting other laws and traditions.