Ban on entry in the Russian Federation for foreigners: grounds, checking, removal

Russia cares about the safety of its borders and citizens. One of the forced measures to protect the order in the state is a ban on entry for foreigners. Fix in the Russian Federation migrants cannot for diverse reasons, often the foundation of the failure is not even explained. How to check the ban on entry and solve issues with immigration service if the trip is fundamentally important or vital?

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Who under the law is prohibited from entering the Russian Federation

The main law governing the procedure for visiting the Russian Federation is 114-FZ of 08/15/1996. To come to the country, a foreigner must have a Russian visa and all the necessary documentation, but sometimes it is not enough, and the ban is established for the guest.

The restrictive sanction is introduced exclusively against foreigners or people without citizenship, Russians do not concern. Border services are not entitled to refuse a citizen of the Russian Federation in the entrance.

Why can you get into our country? At the legal level, a list of offensive, when hosting the Russian Federation will be prohibited. The main reason is untimely departure in past visits.

For example, a citizen of Ukraine arrived in the Russian Federation. For 7 days, he is obliged to register at the place of residence. The registration period is 3 months. After this period, he is obliged to leave the country. If you break this rule and go later than the deadline, then upon subsequent visit, the border guards are most likely to refuse entry.

Information on the period of staying foreigners is contained in a common database to which the border services of all points of entry have access. Therefore, border guards have up-to-date information about all violators.

On the ban on the entrance, a foreigner can learn when passing border control

Grounds for the ban on entry for foreign citizens

The reasons for limiting the country's visit to the country can be the most distinct foreign guest. There is a very extensive list of such violations. The most common reasons become, it would seem that, very minor misdeed, but in some way or otherwise they are considered violations:

The regulated period of residence in the state is violated, that is, a foreigner did not leave the Russian Federation in a timely manner.

Foreign guest has undoamped the payment on the patent or did not pay at all. The patent is invalid, which means loss of rights to work and accommodation in the Russian Federation over 90 days. After the first day of cancellation of the document, finding a foreigner in the country is considered illegal, which means it should leave the Russian Federation. Accommodation on an annulled patent is one of the most common reasons for the ban.

A foreigner two and more than once performed an offense, here are fines from the autospectory, drinking alcohol in the wrong places and so on.

Foreign guest provided unreliable data on his person or travel purposes.

At the entrance, customs or sanitary rules are violated. Entry will be prohibited before eliminating violations.

A relatively foreign guest discontinued the readmission procedure (ban on 3 years).

There is a valid conviction for a criminal offense committed both in the Russian Federation and other state.

An incomplete list of paper for opening a visa is provided, or there is no sufficient amount for living in the country.

The use of plates for visiting Russia. For example, an attempt took place to enter the Russian Federation for a false passport after expulsion.

Foreign guest did not pay for fines, taxes, evade the payment of expenses related to his deportation during the past arrival.

In some cases, the base is reported immediately and a notice is given, where it is indicated which law and in which region was broken. And sometimes the reason for refusal border guards do not report and have to find out it yourself.

Video: The reasons why prohibit entry into the territory of Russia

Deportation is the expulsion of a foreign guest to another state. Often, it does not have legal consequences if the person does not prevent his departure. The sanction is often applied relative to foreigners who violated their stay in the country.

Expanding is a greater degree of preventive measure to eliminate further violations by a foreigner.

Padifmission is the transfer of a foreigner in Russia on illegal grounds, to the state where he came from.

Table: For how long it is forbidden to enter Russia

Video: Amnesty for persons who violated migration laws (citizens of Moldova and Tajikistan)

Who can install and cancel the ban

Often, the imposition of sanction is associated with restrictions that impose civil services:

• MIUM MIA;

FSB of Russia;

Ministry of Internal Affairs of Russia;

Rosfinmonitoring;

Ministry of Defense of Russia;

CVR of Russia;

Ministry of Justice of Russia;

Russian Foreign Ministry;

Rospotrebnadzor;

FSKN of Russia;

FMBA of Russia.

If the immigrant is repeatedly figured in violation of the road rules, a ban on re-entry to Russia may follow

How to check the availability of a ban on the entry

To find out if restrictive sanctions are installed in two ways:

look through the Internet, on the website of the LUCH MVD;

write an official request to the State Office.

A simple and fastest way to determine the presence of a ban is online checking on the website of the MIUM MIA. In the window that opens should be introduced in Russian. Personal data (F. I. O., Passport information, date of birth, citizenship, country). After sending the form, the system will give a message as an information reference. If the sanction is not entered, the query result will contain information that the obstacles for entry are not detected. If there are information about the restrictive measures introduced in relation to a foreigner, a message will appear that the visit of Russia is impossible. The region of the Russian Federation, initiating the procedure, will also be indicated. It should be borne in mind that the certificate is only informational in nature, and the real state of affairs may differ somewhat. For example, in connection with the delay in updating the base.

The answer to the legal sense can only be obtained by contacting the state office with a statement. Migrant can do this personally either through the representative. In paper, you need to specify personal data: F. I. O., information about the passport, birthday, citizenship. The answer to the request is obliged to provide within 10 days from the date of appeal. The document will contain information on the presence or absence of a ban. The answer is issued in writing.

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How to remove an unauthorized ban

The prohibition does not mean that to get to the state will not be able until the expiration of the sanction period. There are options to remove restrictive measures. First, you can appeal the ban in administrative order. Secondly, contact the judicial instance with the statement of claim.

How to independently appeal the ban in administrative order

To resolve the issue, you need to submit a petition for the name of the statement of the State Agency, which has introduced a ban. After receiving the paper, the authority proceeds to its consideration, in the course of which officials get acquainted with the arguments given by the migrant. If they are convincing, the department prepares the appropriate resolution, which will remove the restrictions. After all the agreed operations, the LUCHM of the Ministry of Internal Affairs notifies the border service about the removal of the prohibition, the data of a foreign guest is removed from the "black" list, and he can visit the Russian Federation.

It should be borne in mind that to solve the issue in a similar way you need to have good reasons. Often the state orderly, where the petition is sent, refuses to revise the case due to the lack of significant reasons for this. The following foreigners have great chances to relieve the sanction:

foreign guest has a minor child-Russian;

the man is married to the Russian woman, and the marriage is registered until the establishment of restrictive measures;

the guest is seriously sick, there are necessary references and medical conclusions;

a foreign guest has a RVP or a residence permit;

migrant is trained in the Russian university.

If a person exceeded the permissible stay in Russia due to illness, he can meet and remove the ban

Appeal in court

A foreigner has the right to apply to the court for challenging the decision within 3 months from the date of the ban. The judge in the process of studying the nuances of the case takes into account a number of factors:

the severity of the violation that led to the ban;

danger for citizens;

other aspects of the life of a foreigner.

Often, Russian courts take off the ban, relying on the fact that the punishment of misconduct is incommensurable with the crime themselves. The court will most likely fall on the side of the migrant if he has a small child or a close relative in Russia. A judicial decision on the abolition of the ban must be fulfilled by the migration service.

How long does the sanction be completely removed? This is due to the reasons that led to its introduction. On average, about 2 months leaves for the entire procedure.

Judicial procedure will require significant evidence

Temporary suspension of prohibition

Solving the issue through court often causes difficulties from foreigners, since the face cannot physically present on the process due to restrictive measures. This moment is solved by hiring an official representative. There is one more option: to temporarily suspend the action of the prohibition for the period of passage of the hearing. But this question is also solved with the help of a lawyer who will prepare the necessary documents and on behalf of the principal will give them to court. With a sufficient motivation of the petition, the court suspends the action of the sanction, and the foreigner will be able to legally come to the country to protect his rights. It is worth understanding that the temporary suspension is valid only for the period of the process.

The prohibition cannot be cut, it can be either completely observed or appeal. There are no other options in Russian legislation.

Entrance after the end of the restrictive term

The restrictive sanction prohibiting the visit to the Russian Federation is temporary. The minimum term is from several months to one year, the maximum - up to 10 years. After this time expires, a foreigner has the right to enter Russia, provided that he has a visa and all the established documents. It is advisable to make sure that the ban is completely removed and there is no more obstacles to the country. This can be done by online check or query.

Video: Information from practicing lawyers on ban on entry, checking and removing restrictions

Examples from real practice

Foreigners often face the difficulties of independent relief of the ban on the entry. Here is bad possession of the tongue, and ignorance of Russian legislation, and the inability to get into the country itself in order to quickly resolve the issue.

Three months ago, a person came out from the territory of the Russian Federation with a local PP of the Mid-Mid-Buda. It was not missing back to the marriage in the passport, putting a ban stamp on the entry for three years in a passport, since at the moment he had three traffic violations (1. Not burned turn lamp, 2. It was not fastened to the safety belt rear pass. 3 . On one axis, rubber with a different protector), and he was a malicious violator. He wanted to appeal this ban, but the documents hired by lawyer did not show documents in the Bryansk border office for familiarization, that is, nothing to go to court.

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In this case, there is an error of a lawyer: it was necessary to contact the UFMS, and after its abolition - in the Ministry of Internal Affairs. It is there that the decision is made and the information is stored. Border guards do not have these documents at their disposal.

Border guards do not make decisions on the ban is not entry, but only report its availability

In such cases, lawyers specializing in migration law are effectively assisted. In the piggybacks of human rights defenders, you can find many successfully solved cases in, it would seem hopeless situations.

A citizen of Ukraine was banned for visiting the Russian Federation for 5 years - a serious time limit. The basis was the accommodation of a migrant in the Russian Federation over 180 days. The foreigner appealed to the court, indicating that the exception of the permissible period was associated with his serious illness and provided all references. The court accepted the proof of the migrant and canceled the sanction.

But sometimes it happens that the ban is set by mistake, and the truth does not work.

The trouble was the fact that Idiots of the prayer (and I, too) listed me wrong into the base, and apparently it was repeated, so I lost the court, I could not get all my names. Interestingly, the ban began to act a year after its installation, that is, the ban was delivered in 12 year, and I traveled with him and flew without problems for a whole year until the migration reform began. That is, when I first abandoned from the plane, I had two years of prohibition, and not three)) For a very long time I tried to understand what's the point - everywhere everything was clean, all the documents are in order, the patent acts, the FMS is designed by hands. Apparently, Domodedovo is Shalit, I make an attempt number two and take me back again. I then disassemble everything that could spread in my homeland, and all the answers you are fine, drive. In the databases they have such a mess that neither in the fairy tale is not to describe in the fairy tale, I don't understand how to put something on these bases, I had three days to go, lifting all your papers for all years to compare all my entrances from what is going on in the database. All this time, I, being with the ban, went on all bodies, and filed a statement, for the first time I even came to court, for which I was answered about "times here, then there are no problems, use other types of transport. And you send your business for a re-consideration, but it is better not to come next time. " Then the FMS ignored the courts trial not being. Prohibit my expius in August, I waited a couple of months, so that the bases were updated and left at the end of October in the old fashioned way through Belorussia just in case, so as not to attract the attention of the referees that I was in the Russian Federation all this time, but I decided to spend the aircraft - to check out Lee ban or not, and even if they are deployed - then two hours and you are at home, and not in the field in a thousand km from the house. From the plane did not remove and I even flew.