Reasons for deportation and legal ways to avoid it
The stay of a migrant on the territory of the Russian Federation can end badly if he violates the law. For foreign citizens, the most severe punishment is deportation. What is meant by such a term? Is there a difference between deportation and expulsion? How to avoid expulsion from Russia?
To understand the definition of deportation, it is necessary to study the norms of the Federal Law of July 25, 2002 No. 115, which describes the legal aspects of the stay of foreign citizens on the territory of the Russian Federation. It is also useful to familiarize yourself with the Federal Law-389 (dated December 28, 2013), which establishes the rules for entering the country and leaving it.
What does deportation mean? This is the forced expulsion of a foreigner from Russia. It is resorted to if the migrant has violated the law. From a legal point of view, this is an administrative punishment.
However, there is also such a thing as administrative expulsion, which is no less frightening for any migrant. What is its difference? The main difference lies in the mechanism of expulsion from Russia. But both deportation and expulsion of foreign citizens from the Russian Federation are carried out only after the issuance of an appropriate court decision.
If a court decides on deportation of foreign citizens, this means that they must be escorted directly to the borders. And when the judge deems it necessary to issue an expulsion order, the migrant leaves on his own, that is, in the first case, the state takes additional measures to make sure that the offender has really left the country. To do this, he is assigned a special convoy as an escort.
Grounds for expulsion
Both deportation and expulsion are considered to be perhaps the most stringent measures taken against foreign citizens. Therefore, the grounds for them must be sufficiently weighty. Most often, they are resorted to due to a serious administrative violation or due to ignoring the norms of migration legislation. What does this mean?
The court may decide that a foreigner be deported if he violates the rules of stay in the country. A typical problem is the untimely departure of a migrant from Russia. It is quite logical, since a foreign citizen does not want to leave the state, when he has run out of legal grounds for that, to expel him from the country forcibly.
Deportation is quite possible when the migrant's documents are invalidated, which gave him a reason to stay within the Russian Federation. These include:
- resident card;
- temporary residence permit;
- labor patent;
- work permit.
A foreigner faces expulsion or deportation if he applied for refugee status, but it was rejected. If he has other ways to obtain permission to stay in the Russian Federation, then he will have to leave the state on his own or by force. The same consequences entail the loss of refugee status.
The authorities are very strict with those foreign citizens who come to the country using fake documents. If it turns out that the entry was made on false papers, then deportation will be virtually inevitable. There are also other situations when representatives of the authorities consider the stay of a foreigner on the territory of the Russian Federation undesirable. So deportation can be applied for other reasons as well.
Who can't be deported
Only its citizens do not have to be afraid of expulsion and deportation from the Russian Federation. Since the legislation clearly states that such measures can only be enforced against foreigners. However, exceptions are sometimes made for them.
Traditionally, diplomatic and consular employees are protected by law. For example, you should not worry about deportation if a foreigner has asked for political asylum or is claiming refugee status. It is understood that he collected all the necessary documents for such a petition and submitted them to the relevant authorities.
It should be understood that even if a foreigner loses his refugee status, sometimes you can count on the cancellation of the decision on deportation or expulsion. There are situations when, for a migrant, returning to their home country means the risk of death or persecution for one reason or another. He will have to explain the situation, that he needs protection and stay on the territory of the Russian Federation.
How to avoid deportation from the country
In some cases, a foreigner can use legal grounds to avoid deportation from Russia, even if a corresponding court decision has already been issued. It is understood that the migrant has a chance when he has not left the state. But you will have to make a lot of effort and collect the necessary documents depending on the situation.
The first option is to hurry to prove that the foreign citizen has relatives in the Russian Federation who are citizens of Russia. The second - if the foreigner's spouse is from the Russian Federation and has the appropriate citizenship. Then you need to prepare documents confirming the fact of marriage. The third option to stay within the country is to provide evidence that the child of a foreigner has Russian citizenship.
Sometimes the decision to deport from Russia is made hastily, so that the migrant does not have time to prove that he has legal grounds for entry and stay. For example, a foreigner has a work permit, he managed to obtain a residence permit or other documents. Then it is necessary to submit them to the FMS, and the court order can be annulled.
Exceptions are made for foreign citizens who study in Russian educational institutions. The authorities are ready to accommodate if a migrant has a serious illness and is being treated at a local hospital. It should be understood that the process of appealing a court decision on deportation is quite complicated. To prevent a foreigner from being expelled from Russia, you will have to prepare numerous documents and contact professional lawyers.
What is the process for deportation?
A migrant's problems begin from the moment he commits an administrative violation or ignores the regime of stay in the state. Most often, the following situation occurs: a foreigner is detained by representatives of the police or the traffic police and the fact of an offense is discovered. For example, his labor patent or other permitting document has expired.
After that, it is customary to take the person to the police station and find out all the circumstances there. The next step is to await a judgment. Such proceedings are not delayed: most often, clarity on the situation will appear literally after a day. The foreigner is transported to the court, where he will find out whether he is awaiting deportation or not.
Expulsion methods
Most often, the judicial will is implemented in one of two ways: a foreigner is offered to leave the borders voluntarily, paying a fine for committing an administrative offense. He has a limited period for fulfilling all the conditions: as a rule, the court allocates up to 20 days for a person to leave Russia.
The second mechanism assumes that the migrant is literally escorted to the border. After the announcement of the will of the court, the foreigner is sent to a special receiver. He remains there until such time as a special convoy undertakes to accompany him for deportation.
Who pays for shipping
The most important question is at whose expense the deportation is carried out. There are different answers:
- the money is taken from the migrant himself;
- tickets can be bought by relatives of a foreigner or the party that invited him to the Russian Federation;
- RF can take over the payment.
When a foreigner is awaiting deportation in a special reception center, he may be offered a job there so that he can earn his own fare. It should be understood that he will also be charged a fine for committing an administrative penalty. Therefore, he will be given the opportunity to earn both the ticket and the payment of the penalty.
How to issue a ban on entry into the Russian Federation
Many foreigners are afraid not so much of deportation as of its consequences. Although they are not direct: they imply a ban on entry into the country, which is issued separately from the decision on expulsion from Russia. Most often, such a will is voiced by the FMS. Although other situations are possible. For example, the FSB, Rospotrebnadzor, the Ministry of Internal Affairs, or the Ministry of Justice may prohibit entry for a certain period.
Formally, the ban on entering the country sounds different. Officials may decide that the stay of a migrant is undesirable for the state. Or they can directly call the restriction for a foreigner a ban on entry into the Russian Federation.
Such consequences await not only a visitor who was deported due to an administrative violation. After deportation, a ban is possible for a person who persistently evades paying taxes to the Russian treasury. Traditionally, strict measures await those guests of the state who entered the Russian Federation on fake papers and did not leave the border on time.
A ban is also possible if it turns out that a foreigner has an outstanding criminal record in another country or in the Russian Federation. The following wording is also possible: “entry is prohibited for security reasons.” For how long can the authorities ban a foreigner from entering Russia? On average, an entry ban lasts from 3 to 5 years.
Tricks of illegal migrants
Not every foreigner who was deported from Russia and received an entry ban for any period is ready to fulfill the will of the Russian authorities. There are people who are not afraid of either deportation or its consequences. And they are again trying to penetrate the country, using various tricks.
In some countries, it is relatively easy to change the surname and identity documents. And illegal immigrants resort to this method. However, quite often such a deception is quickly revealed. As a result, the violator will face another deportation. If he is deported again, then, with a high probability, he will face a long-term ban on entry into the Russian Federation.
It must be understood that it is almost impossible for foreigners deported from Russia to achieve the abolition of such a restriction. Each case is considered on an individual basis, and only if the FMS finds that the grounds for lifting the ban are compelling, the migrant will be able to return to the Russian Federation.
How can I check the passport in the FMS
Sometimes there are situations when guests of the country cannot cross the borders of the Russian Federation, as border guards prohibit this. The difficulty lies in the fact that they do not give any explanation for what reasons they restrict the visitor, not allowing him to enter the state. That is why an online service was created, with which you can quickly and easily check if there is a ban for a foreign citizen. It is relevant not only for a migrant who has been deported and is well aware of this.
Checking is carried out free of charge via the Internet. You only need to enter personal data to get an answer to the question of whether there are grounds for a ban on a foreigner from entering the Russian Federation. But it should be understood that such data on deportation and any restrictions are for reference only. If a person needs a document to apply to the authorities, then they will have to submit an official request.
By the way, third parties may also need to check for deportation. For example, it should be carried out by an employer who hires guests from other countries. Since the situation is not ruled out that the migrant hides information that a decision on expulsion has been made against him. Then it will be difficult for the employer to prove that he did not know about it, taking on an illegal immigrant.
