Not all foreign citizens can enter Russia. Some have a specific prohibition. It can be associated with various reasons. Therefore, before visiting the country, you need to check the FMS to ban entry. This will be discussed in the article.
What is a ban on entry?
The entry ban to a foreign citizen is established by the FMS, which is confirmed by the corresponding mark in the database. The measure is introduced as a response to human offenses while in the country. It is set on foreigners who repeatedly violated the laws of Russia or committed misconduct in the field of migration.
The ban on entry into the Russian Federation to foreign citizens is considered a temporary measure of punishment, the duration of which can be from several months to 10 years. The decision is not final, therefore, it is subject to appeal.
Are they notified of this?
The ban on visiting the country can be valid for various reasons. A foreigner may not know that he is not allowed to visit Russia, as this is not notified. Often people learn about this measure on the border with the Russian Federation when they try to get into the Russian Federation. Man has no choice but to return home.
But if the FMS checks to ban entry in advance, it will be possible to avoid many difficulties. This is done online: you must fill out the necessary information on the website of the FMS (GUVM MVD). With the help of the check, the result will be provided: the ban or its absence.
Who sets the measure?
The ban establishes the FMS of Russia. Several other departments have this right:
- Ministry of Internal Affairs.
- FSB.
- Ministry of Defense.
- Rosfinmonitoring.
- SVR.
- Ministry of Justice.
- MFA.
- FSKN.
- Rospotrebnadzor.
- FMBA.
The decision on the ban is taken on the basis of the procedure established in departmental regulations. You must learn about the restriction in advance before visiting the country. And if it is, then you can remove it, but it takes time.
Reasons and grounds
The FMS of Russia can establish a ban on entry into Russia for various reasons, since the law of the Russian Federation provides for a large list of grounds. The main nuances are indicated in the Federal Law No. 114 “On the Procedure for Departure and Entry into the Russian Federation”.
Common causes may not look like serious violations, but a mark on this measure is put in the following cases:
- If a foreigner violated the terms of stay in Russia and he did not leave the country in a timely manner, having been detained for a period of 1-90 days. Then he will not be allowed to enter for 3 years. With a delay of 180 days, a restriction of 5 years applies, and for 270 days - 10 years. The reason is a violation of the order of stay in Russia.
- If the foreigner had an overdue payment for a patent or tax was paid on the wrong details, then the document is canceled. He will not be able to work and generally live in the country for more than 90 days. After the patent expires, staying in the Russian Federation is illegal. This is a common reason for the ban established by the FMS of Russia.
- If a foreign citizen has been repeatedly prosecuted, including petty offenses, for example, untimely registration, smoking, drinking alcohol in public places.
- If a person has provided false information about himself or about the purpose of visiting the country.
- Violation of customs or sanitary rules of entry into the Russian Federation.
The FMS clearly prohibits entry into Russia in the following situations:
- If the readmission procedure has stopped at the last visit to the Russian Federation, the ban will be valid for 3 years.
- Having a criminal record for the crime, wherever it is committed.
- If not all documents have been provided for applying for a visa or there are not enough funds for living in the Russian Federation.
- The use of fake documents.
- Failure to pay fines and taxes.
- Stay in the country for more than 90 days in each half year.
- When deported, the ban is valid for 5 years.
How to check?
How is the FMS check on entry prohibitions performed? The answer to this question should be known to all foreigners in order not to get into an unpleasant situation. Today this is done in 2 ways:
- Online
- Using a request to the FMS.
Each of these methods is convenient, and, moreover, allows you to get accurate information.
Online check
Check in the FMS for the prohibition of entry is carried out on the official website of the organization. Only now it is available on the resource of the Main Department of Internal Affairs of the Ministry of Internal Affairs. On the site, a person can determine whether he is indicated in the list of people who can’t enter the country.
To do this, fill out all the fields in the form. To obtain accurate information, you must provide all the necessary information. You also need to enter the code from the image. After filling in, you need to click on "Send request". The system automatically checks, after which an information reference is issued.
The result may indicate the presence of a ban or its absence. Please note that the online check is for information only. Actually, the situation may vary.
Official request
You can submit a request to the Office of the Federal Migration Service. This method is more reliable. To do this, you must write a statement in person or through a representative by proxy. The request must contain personal data. The answer comes within 10 days from the receipt of the application. It indicates if the restriction and what are its reasons.
Lifting the ban
The FMS of Russia removes the ban on entry to Russia, but not always. For example, you can try this on the line of the FMS, but the FSB is unlikely to do this. The restriction is removed by a court decision in Russia. Therefore, in order to gain access to the country, a lawsuit must be filed to lift the ban. But often this is done by the FMS.
Ways to remove restrictions
Through the Office of the Federal Migration Service, the ban can be lifted. This is done in several ways:
- A foreign citizen has relatives in the Russian Federation. It can be spouses, parents, children. The ban is lifted through the court if relatives are citizens of the Russian Federation. An amnesty for a ban is also issued to a close relative without citizenship, but if he has a residence permit.
- If you have a patent job. The restriction will be canceled if violations were during the validity of the document, but was re-registered in a timely manner.
- The restriction can be removed if you have a residence permit or a temporary residence permit in the Russian Federation.
- The ban is lifted if emergency treatment is necessary.
- Education in a Russian institution with state accreditation is also the basis for the lifting of the ban.
The grounds must be documented. The FMS and the court are considering ready-made packages of documents, so you should translate them into Russian. At the same time, this is done by a Russian translator and certified by a notary.
Appeal of the ban
If government agencies have banned entry, you can contact a migration lawyer to understand the intricacies of the law. With the help of professional help, the chances of successfully challenging the ban and lifting it increase. But in the absence of the possibility of contacting a specialist, the contest should be carried out as follows:
- First, a request should be made to the FMS asking for the reasons for the ban. It can be done in person or by proxy. To speed up the process, you can apply through the site.
- When clarifications are received, you should see if there are grounds for lifting the restriction. If present, then documents should be prepared with translations and notarization.
- If there are insufficient grounds, one should act on the situation on the basis of the reasons indicated by the FMS.
If unlawful actions from service employees are discovered, then a complaint must be filed with the management. It is also necessary to draw up a statement on the lifting of the ban and attach documentation. After that, you can expect an answer. If he did not help, you need to send a statement of cancellation to the court. It is necessary to turn to the last resort when there is reason or evidence of the unlawfulness of actions.
Sometimes the ban is lifted by the FMS. For example, if there was an error on the part of the service or the reason was the unreliability of the information. The existence of grounds for lifting the restriction does not guarantee amnesty. Often an appeal is made through a court. The final decision is influenced by factors, including the life situation of the citizen. As can be seen from practice, different circumstances are taken into account.
Prohibition Lifting Duration
Typically, a case will be considered for at least a month, including the period required by the FMS to consider an application to lift the ban. According to the organization’s regulations, this period cannot be less than 30 days.
Thus, the ban on entry into the country is adopted for various reasons. To visit the country freely, you should first check if there is a restriction. If it is present, then it is necessary to resolve the issue with its removal in the near future.