As a foreigner, do not fall asleep from Russia

The concept of administrative expulsion is very often confused with the term "deportation". To begin with, it is necessary to clarify that the eviction does not threaten to citizens of Russia. This administrative punishment applies only to foreign citizens and people without certain citizenship, illegally staying within the Russian Federation.

The meaning of the term by law

In the Russian law, the main provisions of the eviction of foreigners or aparters are clearly spelled out. Expanding is the process of forced displacement of a citizen of another country or aparter outside Russia. Sometimes the move is performed voluntarily. As mentioned, eviction outside the Russian Federation threatens only citizens of foreign countries and apartam, which violated the law on staying on the territory of the Russian Federation.

Administrative expulsion outside the Russian Federation of a foreign citizen is made according to the COAP of the Russian Federation (Article 3.10 -). The order of evicting a foreign citizen is defined by Federal Law No. 115-FZ (Article 34) -.

The cause of administrative punishment may be a violation of the norms adopted by the state. The decision on expulsion from the country takes the judicial authority. At the same time, a foreigner can assign voluntary or forced eviction. In the second case, a foreign citizen is subject to accommodation in a special institution.

Do not confuse expulsion with deprivation of citizenship. The latter is not practicing. This process contradicts international law and the Constitution of the Russian Federation.

The deprivation of the status of a citizen could be used as a preventive measure only during the USSR. To deprive the Soviet passport could be for such violations as:

actions that are disrupted by the appearance of the Soviet citizen;
subversive activities;
activities for the danger to the USSR.

Exhaustion is directed not so much to ensuring the security of the state, as in combating. The problem of illegal migration in Russia is one of the most significant. Expalate is a non-alternative method of preventing. Despite this, it can be challenged.

Expanding is a preventive measure that can only be appointed judge according to one of the above reasons. If the width of the violator is proven, expulsion becomes a matter of time. But the violator has the right to appeal the accusation, if he did not crime the law, discovered any errors in making a case or when conducting a trial.

It is possible to appeal the expulsion in 10 days after the prosecution. It is very important not to be late with the feeding of petition, since the second chance may not give. The judge may provide an additional period if you present a valid cause of delay.

List of foundations

Extension can be applied to foreigners and according to a court decision for the following reasons:

the violator worked on the territory of the Russian Federation without official permission;
migrant did not arrange temporary registration at the place of stay or it is invalid;
the violator came to Russia for a labor contract (or for learning), but is located in the country over the deadline;
the person did not take care of obtaining a document that gives the right to reside in the state, at the employees of the Migration Division of the MIUM MIA (previously federal migration service);
a foreign citizen is brought to justice for violation of the COAP for the second time in the year.

Administrative expulsion of foreign citizens cannot be accomplished in relation to individuals.

A foreigner having a close relative-citizen of Russia or a person who has the right to live within the Russian Federation on legal grounds. A close relative of the migrant is considered a spouse, parent, child.
A foreign citizen who came to Russia as a political refugee. Status should be recognized officially.
A foreign citizen who has a family in the Russian Federation and is the only breadwinner for her.
To a senior serviceman.
An employee of a diplomatic institution.
A person on whose homeland is fighting.

Forced and independent expulsion

Expanding foreign citizens outside the Russian Federation is expressed in two ways:

forced execution of the court's resolution;
independent expulsion.

The method is established by the court decree or by the decision of the employee of the border service of Russia. The basis for choosing an expulsion form from the Russian Federation is the severity of the violation committed by a foreign citizen.

Independent departure from the state can be appointed judge. The resolution contains the requirement of voluntary departure from Russia at 5 days. Employees of the Migration Division of the Division of the Ministry of Internal Affairs (previously federal migration service) are responsible for the migrant of the court order.

Evasion from the independent intersection of the Russian Federation faces a foreigner by imposing a fine and forced expulsion. Consideration at this stage produces a district court.

Forced expulsion is made if foreigners violate the migration rules adopted by the Russian government re-over the year. If the migrant can not leave the Russian Federation on their own, he leaves forced. The procedure includes the mandatory placement of a foreign citizen in a specialized center.

Who pays the expulsion

Payment of the intersection of the limits of the Russian Federation under judicial resolution is carried out:

foreigners themselves;
inviting face or organization that helped the violator contributed to his entry;
the embassy of the native state;
public organization;
at the expense of the budget of the Russian Federation.

Ban on further entry

Expanding has serious consequences for a foreign citizen - it is removed outside the Russian Federation. In relation to the violator, another administrative penalty is also applied. Since administrative expulsion, a foreigner, the court imposes a ban on entering Russia for 3-, 5- and 10-year term. A foreign citizen or apatrid, forcedly displaced outside the Russian Federation, after a five-year ban on the entry will not be able to obtain a temporary residence permit, a residence permit, apply for citizenship. Thus, with respect to the migrant, expelled outside Russia, there is a further ban on the entry.

The three-year term of the ban on the entry is valid if a person has stayed in the Russian Federation for more than 4 months, and was also brought to responsibility on the COAP twice or more per year.

The court may establish a ban on entering the Russian Federation for 5 years in the following cases:

a foreigner has repeatedly shied from tax deductions;
in the commission of entry into the Russian Federation, fake documents or false information were provided;
migrant has repeatedly violated migration legislation;
a foreigner exceeded the stay in the country established for him;
migrant has an outstanding criminal record in the Russian Federation or abroad;
a foreigner is a threat to the safety of the Russian Federation.

Re-eviction according to the verdict of the court is scheduled for a 10-year term.

How to return to Russia

Administrative punishment can be canceled. Available way - appeal. During the consideration of the appeal, the action of the previous court decision is suspended. The application must be compiled taking into account the requirements and maintain grounds for its submission. In the presence of evidence of the applicant's innocence, the complaint will be satisfied. In this case, the person has the right to enter the country. If the court decision on eviction entered into force, the complaint does not make sense. The surname change and other triggers for re-intersection of the boundaries of the Russian Federation may lead to deportation and criminal liability.

Fictive marriages

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Also, the expulsion procedure may threaten those who decided to conclude with the aim of obtaining citizenship. Fictive marriages are very popular among scams and scammers who seek to bypass the current legislation of the Russian Federation. By law, the conclusion of marriage with a citizen of Russia can be the basis for a simplified procedure for obtaining citizenship. Many foreign citizens and aparters register a fictitious relationship.

If it is proved, this concept is entered into force as a "insignificant transaction". All social benefits obtained due to the conclusion of marriages are completely leveled and are invalid. The violator no longer has the right to be located in Russia. It applies such punishment as an expulsion procedure.