Some foreign citizens have to deal with questions about how to lift the ban on entry into Russia. The right to stay on the territory of the Russian Federation is rarely denied to residents of other countries, only if there are good reasons. Sometimes it is possible to solve the problem in a couple of days, but in some cases the procedure may take several months. To find out how to lift the ban on entry into Russia, you first need to find out what caused it.
Why a ban arises
In most cases, foreign citizens receive information about the current ban when trying to cross the state border of the Russian Federation. For most people undergoing passport control, a denial of entry is a complete surprise. It is also interesting that the border guards and customs officers themselves do not have information on why he was put to a foreigner at all. How to remove the ban on entry to Russia?
The grounds for refusing to cross the border and stay on the territory of the Russian Federation are specific circumstances. Issues of deportation, expulsion, establishment of a ban on entry are regulated by migration legislation. If a foreigner was expelled from Russia to his country of origin, he will be able to cross the border no earlier than three years later. The reason for such a strict decision may be:
- repeated violation of Russian laws;
- current criminal record;
- the provision of false identity documents during passport control;
- false information when applying for a visa;
- unpaid taxes, fines and penalties;
- deportation expenses from the country;
- ignoring the migration regime.
For those who are thinking about how to lift the ban on entry into Russia, finding out the reasons for this restriction is of particular importance. In some cases, finding a solution to the problem is much easier, because, for example, an incomplete package of documents is not a serious violation of the law, compared to having an outstanding criminal record.
A way to find out the reason
To verify the presence or absence of a ban on staying in the country, it is not necessary to passport control at the state border. This can be done in advance via the Internet. On the official portal of the Migration Department of the Ministry of Internal Affairs in online mode, you can send a request and get information regarding a specific citizen (section "Checking the availability of grounds for not allowing entry into the Russian Federation").
It only takes a few minutes to create a request. The application in electronic form is filled in in Russian, but personal data (name, surname and patronymic) are also duplicated in English. After sending the questionnaire, a response will be received within a minute. The information received will be of a reference nature, in order to obtain more accurate and official information, it is necessary to make a request to the Ministry of Internal Affairs on the issues of migration. Moreover, the request can be sent using the Internet service or in person when visiting one of the units of the migration service.
The official response to the electronic application will come in 30 days, and to the written application in 10 days. Next, we consider how to lift the ban on entry into Russia, if any.
Which government agency has the right to prohibit foreigners from entering the Russian Federation?
The authority to decide on a ban on staying in Russia is vested not only in the Ministry of Internal Affairs, but also in a list of other departments. These include:
- Rospotrebnadzor - in the event that a foreigner or stateless person identifies socially dangerous infectious diseases (HIV, syphilis, leprosy, tuberculosis).
- Foreign Intelligence Service of the Russian Federation, Federal Security Service - if a person is suspected of espionage, connections with terrorist organizations, etc.
- Federal Service for Financial Monitoring - the basis is the conduct of illegal business activities.
- Federal Assembly of the Russian Federation for drug trafficking control.
These government bodies have the right to impose sanctions on their own or by court order. Therefore, before proceeding with the lifting of the ban on entry into Russia, it is important to find out which agency made this decision.
Is it possible to do without court
In the presence of existing sanctions, a foreign citizen or stateless person will have to go through a complex multi-stage procedure. To remove the ban on entry into the Russian Federation, it will take at least a month. As a rule, many citizens are not sufficiently aware of the intricacies of migration legislation, therefore they seek help from lawyers who have access to various authorities and represent the legitimate interests of clients. Moreover, it is important to understand that not all lawyers specialize in the field of migration. Before concluding a contract for the provision of legal services, you need to make sure that this specialist has sufficient experience in such matters.
The ban on entry into the Russian Federation without a trial can be lifted only if it was imposed by the migration authorities. Often the cause is a banal error in the electronic database. For example, customs officers incorrectly indicated the date of entry of a foreigner, in accordance with which there was a violation of the terms of legal stay in the Russian Federation.
It is also much easier to remove the ban on entry to Russia if the foreigner has close relatives with Russian citizenship. This category includes:
- mother father;
How to prove your case?
To lift the sanctions, you should contact the head of the regional department for migration of the Ministry of Internal Affairs. In this case, all information about the stay, the presence of relatives, and other data confirming the legitimacy of being in Russia will have to be collected by a foreigner. Migration authorities will not independently submit requests to various authorities and will not seek information justifying the citizen. Before contacting the local department of the Ministry of Internal Affairs, all the required papers should be prepared in advance:
- migration card;
- documents confirming kinship with citizens of the Russian Federation;
- other papers proving the illegality of the sanctions imposed.
In order to lift the ban on entry into Russia, you need to act quickly and smoothly, but even the best lawyer will not give one hundred percent guarantee of a successful outcome. In addition, if the migration authorities consider the evidence provided to lift the ban insufficiently weighty, it will continue.
Removal of the ban through the court
So, if the bodies of the Ministry of Internal Affairs of the Russian Federation issued a ban on their own, without a court, it will be necessary to resolve the issue in an administrative order. If the decision on the ban was made by the court, then contacting the migration service will not give any result. In this case, one way remains - to appeal the verdict.
Through the court, sanctions can be imposed on a foreign citizen by the other agencies listed above. If a foreigner in the Russian Federation constantly has family members who are dependent on him, he is more likely to have a positive outcome. Moreover, relatives do not need to have the status of citizens of Russia. It can also be citizens of other states with a residence permit and permanent registration in one of the regions of the Russian Federation ..
Being outside the country, it is quite difficult to lift the ban on entry. Lawyers in Russia can represent the interests of their clients in court even without the presence of the latter. The lawyer will correctly draw up a statement of claim and build a line of defense, but, in addition, it will be necessary to prepare documents confirming the legality of the last entry into the country, as well as papers giving permission for temporary residence or residence in the Russian Federation:
- patent for work;
- a temporary residence permit or residence permit, which may be canceled upon the ban;
- confirmation of cohabitation with a Russian dependent relative.
Other data that may be accepted by the court as a basis for lifting the ban on entry into Russia by a foreign citizen may also be required. This can be, for example, a certificate from an educational institution, specialized clinics in which a person needs to undergo treatment. In addition to the client’s documents, the lawyer must also present a power of attorney to the court to protect the interests of the foreigner and a copy of the diploma of education.
No need to panic and despair ahead of time if there is a ban on entry to Russia. In any case, a citizen of a foreign state should find out the reason for imposing the sanction and try to challenge this decision. During the proceedings, it often turns out that there were no factual grounds for the ban, and it was applied erroneously. Regardless of which authority made this decision and on what basis, a foreigner has the right to defend his interests independently or through a legal representative.
So, the first stage is finding out the reason. As soon as it becomes clear why the migration authority or another agency has made such a decision, you can go to court.
But first, you should try to resolve the issue with the migration authority, that is, send a request to lift the ban on crossing the border of the Russian Federation - this will be the second step. It is important to justify your request with important circumstances. Moreover, it is worth noting that the decision on restricting entry to the country, although they can be taken by various bodies, can only be canceled by the Ministry of Internal Affairs Directorate for Migration. Based on the explanations of the legislators, other departments are deprived of such powers in order to prevent the corruption component. The application must be addressed to the head of the territorial office.
The next stage of the proceedings is going to court. If it was not possible to lift the ban on entry into the FMS (in the Russian Federation it was called the Main Directorate of the Ministry of Internal Affairs until April 2016), you need to file a lawsuit and defend your own position. An attempt to appeal the decision is necessary if the plaintiff has no doubts about the legality of his stay in the country in the past.
If the court takes a negative decision, the ban can be tried to appeal to a higher authority or to wait for the expiration of the sanctions. As a rule, entry restrictions on foreign citizens are set for 3-5 years. After this period, the ban will be lifted.
Circumstances in favor of the plaintiff
The lawsuit is important to indicate why it is so important for a foreigner to achieve the removal of restrictions. As already mentioned, the basis may be the residence in Russia of close relatives. When making a decision, the marital status of a foreigner is taken into account. The court can meet in order to reunite the family. Moreover, not only parents, spouses, children are often taken into account, but the fact of living in the country of brothers, sisters, grandfathers or grandmothers is also taken into account, especially if they are dependent on the applicant.
A good reason to cancel the ban on entry may be the conduct of labor or business activities on a patent or training at a local university. Courts often take the side of plaintiffs if they require urgent medical care or specialized treatment in one of the Russian clinics.
In addition to all of the above, the political situation in the country of permanent residence of a foreigner is also important. If the plaintiff’s life is in danger, persecution for socio-political activities, religious beliefs that do not contradict democratic principles, he can count on asylum and protection on the territory of the Russian Federation. In addition, a person may simply not have their own housing in the country of origin, while in Russia real estate is owned - this will also serve in favor of a review of sanctions.
Nuances of appeal: legal advice
It is necessary to file a lawsuit in the region where the decision to ban entry was made. Most often, restrictions are imposed by the territorial units of various departments (including migration services). The most common situation is a violation of the rules and terms of stay in the Russian Federation. However, central authorities located in Moscow can also issue sanctions. In this case, the appeal procedure will have to take place in the capital.
It is worth considering the fact that the ban can lead to the cancellation of the RVP or residence permit - documents allowing temporary residence and work without a patent in the country. All documents whose entries are written in a foreign language and are not duplicated in Russian must be translated and then certified by a notary.
If a citizen learned about the application of sanctions against himself while in Russia, how to lift the ban on entry? He will be able to appeal the decision on his own, but for this it is necessary to contact the migration service and ask for a postponement of departure for the period of consideration of the case.
The decision in favor of the plaintiff
If the court takes the side of the applicant and the ban on entry into Russia is lifted, the foreign citizen will be able to return to the country after 30 days - this is the standard term for the entry into force of court orders. However, state bodies that have decided on restrictive measures against a foreigner, after the announcement, have 10 days to appeal the verdict. As long as litigation lasts, no action can be taken. As soon as the final decision that the ban on entry into the Russian Federation is lifted becomes legal, the document should be sent to the migration and border services. On the basis of a court decision, the alien's data must be deleted from the list of persons who are prohibited from staying in Russia. However, before the planned trip, it is advisable to clarify whether information from the federal list is excluded or not.
If a foreign citizen finds a socially dangerous disease, the medical institution passes the data to the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, which makes a decision on the undesirability of staying in the country. Such diseases include tuberculosis, syphilis, HIV infection, leprosy. In most cases, ailments are identified during the process of applying for a temporary residence permit: in order to obtain a temporary residence permit, a citizen must undergo a medical examination and pass the necessary tests.
A foreigner can only avoid a ban on entry into Russia if he can provide a document confirming the readiness of a licensed Russian clinic to conduct treatment. However, many foreigners do not know about this and do not use their rights. If the decision has already been made, it can be canceled through an official request to Rospotrebnadzor or by filing an application with the court. In order to lift sanctions, the court must be sure that the citizen:
- Does not shy away from medical procedures
- adheres to the treatment plan;
- regularly visits a doctor;
- Performs all assignments
- leads a socially healthy lifestyle and does not contribute to the spread of the disease.
In addition, the presence of close relatives in Russia is also an important advantage. Characteristics from a place of work, studies, receipts for the purchase of medicines, an extract from a medical record, etc. may also be of significance. If a foreign citizen gets rid of the disease after undergoing treatment, he should be given new information about his state of health in court.