Lifting the ban on entry into Russia: legal regulation and grounds.
One of the recent problems for foreigners is the lifting of the ban on entry into Russia. With the latest innovations in legislation has been expelled from the country a record number of foreigners working and living in Russia temporarily on the RVP and even permanently having a residence permit in Russia.
price to lift the ban on entry
According to the norms of federal legislation (namely, Federal Law No. 114), a ban on entry into the Russian Federation or a decision on not allowing the entry of persons who are former citizens and foreigners is established in the following cases:
If the rules established by law are violated when crossing the border of our state: customs, sanitary, etc. In this case, the ban on entry into the Russian Federation is valid until the violations are eliminated.
When persons have provided personal information and information about the purpose of the visit, obviously erroneous.
The ban on entry into Russia applies to persons who have been brought to administrative responsibility several times under Russian law. The term of such a ban on entry into the Russian Federation is three years. It is counted down from the moment the decision comes into force.
If at the time of staying in Russia a foreign citizen has not left the country earlier in the said period. That is, after one month (thirty days) from the day it ends. A ban on entry into Russia for this category of persons shall last for 3 years.
5. Two consecutive notices of residence permit, in this case the foreign citizen faces deprivation of residence permit, and in the case of not leaving - removal.
6. 6. Failure to comply with the delivery of the notification of the RPV, in this case, as well as trouble not to pass. Deprivation of the PRTR, and the possibility of a ban on entry.
Most often, a foreign national does not assume that he or she is in the country illegally: that he or she is subject to an entry ban in the Russian Federation and his or her PRTR has been cancelled. So how can the ban be checked? It is easy to do if you visit the website of the Ministry of Internal Affairs. There is exhaustive information there: the check on the ban will not take much time and effort.
But the website of the Migration Service is not always the right source of information. Very often it happens that the website of the Migration Service does not reveal that the foreigner is already listed in the database of fined taxpayers. Therefore, it is possible to spend a lot of effort and be sure that everything will be fine with being in the Russian Federation, but in practice it may be the opposite. A personal appeal to a migration lawyer would be a more appropriate option.
Lifting the ban on entry into the RF: procedure and methods
How to lift the ban is a matter of concern to many. Today there are only two legally established ways to lift an entry ban:
Lifting the administrative ban on entry.
Lifting the ban on entry through court.
Read more about each of them below.
Lifting the ban on entry into the Russian Federation as an administrative procedure
To start this process, you need to contact the Department of MIA. You can act either independently or through a representative (official). Migration lawyer should send a request to the Ministry of Internal Affairs. This document gives the right to find out: what is the reason for the current ban on entry into the Russian Federation; what regional authority has established a ban on entry into Russia: Department of the Ministry of Internal Affairs of a separate subject (republic, region, krai), the city of St. Petersburg, the capital, etc.
When full information is received, a complaint (official statement) should be made, which will be the basis for lifting the ban. The paper should indicate the grounds for the ban on entry into Russia, a list of reasons for the final removal of the ban on entry into Russia.
The most relevant and effective grounds for lifting the ban on entry into the Russian Federation.
The first and most productive is the presence of permanently residing relatives who are, of course, citizens of the Russian Federation. How can the ban be lifted by other means?
To prove the impossibility to leave the Russian Federation due to urgent treatment, serious illness, death of a relative.
To present the presence of so-called force majeure as a ground for lifting the ban on entry. In the science of law, the concept is not clearly defined, but it implies various natural factors (hurricanes, earthquakes, etc.), as well as certain social events (military operations, civil unrest, etc.).
These two points are valid in cases when the applicant has not left the country within the established term.
Lift the ban on entry through the court
If the officers of the Department of Internal Affairs of the Ministry of Internal Affairs draw up a protocol for some offences and send it to the court, the most common scenario for the expulsion of foreigners is Article 18.8 of the Code of Administrative Offences, Part 3, under which foreign nationals in Moscow are obliged to pay a fine of 5000 rubles and leave the territory of Russia within 5 days. Many factors complicate the independent decision of the issue of expulsion, so it is desirable to apply to a lawyer of our company specializing in administrative cases of migration direction, who will competently prepare an appeal (cassation) and other documents that can appeal against the sentence.
We can definitely say that in any situation the court needs mitigating facts, which can affect the course of the case, and, accordingly, the lifting of the ban on entry into Russia.
Mitigating circumstances may include:
The presence of close relatives living in Russia, who are citizens of the Russian Federation.
Patent for work and legal labor activity
Permanent residence permit in the subject of the Russian Federation.
Serious illness requiring immediate medical intervention
Study in a public educational institution
No entry at the airport