Administrative expulsion from Russia

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expulsion, administrative expulsion, how to appeal expulsion, readmission, migration lawyer, what to do if you are expelled from Russia, the expulsion of an alien, to challenge the decision to expel

Under administrative exclusion for limits of the country refers to the forced transfer of the foreign citizen or stateless person outside the country. As a rule, a person leaves the country independently, under the control of the migration service.

This measure of restraint is appointed by the judge in case of an administrative offense committed by a person during his stay in the territory of the Russian Federation, and in other cases provided for by the legislation of the Russian Federation.

Next, you will learn about all the grounds for administrative expulsion, the types of expulsion, the difference between deportation and administrative expulsion, as well as how you can cancel the expulsion.

To quickly navigate through the article, you can use the navigation:

What is the difference between readmission, deportation and expulsion

Types of administrative expulsion

The order of expulsion

The term of the expulsion

Grounds for expulsion

Prohibition on entry

Expulsion of foreign minors

The abolition of administrative expulsion

Appeal against an administrative expulsion order

Sample appeal for removal

Consequences of expulsion

Amnesty for expulsion

How to check for expulsion

Where a foreign citizen should apply for expulsion

What is the difference between readmission, deportation and expulsion

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At first glance, all of these concepts are similar, as a result of each foreign citizen is outside the country, but in fact, it is a completely different procedure, decisions on which are taken by different structures.

Difference between deportation and administrative expulsion

In this case, the reasons for the implementation of these procedures and the process itself are different.

  • Forced removal may only be ordered by a court order on the basis of a court decision.
  • The decision to deport is made by an official of the migration Department of the Russian Federation or by an employee of the border Department of the FSB.

So the first difference is who makes the decision.

Than readmission is different from the administrative expulsion

First, readmission, unlike expulsion, is not an administrative penalty for an offence.

Readmission – a procedure in which a foreign state takes back its citizen who was illegally in the territory of another country. Readmission is one of the mechanisms to combat illegal migration. One of the key conditions of readmission is the preservation and protection of the rights and interests of citizens undergoing this procedure.

The decision on readmission is authorized to be made by the migration service. This decision cannot be appealed.

Types of administrative expulsion

There are 2 types of administrative expulsion – voluntary and compulsory.

  • Voluntary expulsion means that a foreign citizen leaves the territory of the country independently, but under the control of representatives of the internal Affairs of the Russian Federation. If the alien tries to disregard the expulsion decision, then a fine is imposed and he is forcibly removed from the country.
  • Forced removal is generally applied to those who have committed 2 or more offences in a year (i.e. there is a recurrence). Prior to removal, such a foreigner is in a specialized center.

The order of expulsion

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The procedure depends on the type of expulsion (voluntary or compulsory).

In the first case, a foreign citizen receives a court decision on expulsion, after which he / she crosses the border of Russia within 5 days. The fact of crossing the border is fixed by the employees of the Ministry of internal Affairs.

In the second case, a foreign citizen is accompanied to the border by an employee of the migration service. This measure is applied in case of repeated violations of the law, when the foreigner does not want to leave the country on his / her own, or cannot cross the border on financial grounds. In this case, the costs of expulsion are borne by the migration authority or the Embassy of the state from which the person came to Russia.

How is the removal

The court makes a decision on an administrative offense. The Decree specifies the transgression and punishment in the form of expulsion outside the country with payment of the fine.

10 days after the issuance of the Order, the decision of the court on expulsion shall enter into force.

The decision is enforced either by the border services or the interior Ministry. This is formalized by a unilateral or bilateral act, which is attached to the Resolution.

The term of the expulsion

This procedure is carried out within 5 days from the date of receipt by the foreign citizen of the court decision on expulsion.

Grounds for expulsion

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This measure of punishment is applied not only in case of violation of migration rules, but also when crossing the border with forged documents, in case of violation of customs rules or in case of an offense while staying in the territory of the Russian Federation with the involvement of administrative responsibility.

To administrative responsibility with the subsequent removal attract in the following cases:

  • Lack of documents allowing residence on the territory of Russia.
  • Violation of the rules of entry into the country, transit or stay in the territory of the Russian Federation.
  • Migration registration late.
  • Attempt to avoid leaving the country after the expiry of the permitted period of stay.
  • Employment without relevant documents (patent, work permit).
  • Inconsistency of the actual activity of the purpose specified in the migration card (at the entrance to the country).

Prohibition on entry

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After expulsion from the country, a foreign citizen can get a ban on entry from a number of departments (the MINISTRY of internal Affairs, FSB, Ministry of justice).

Either a complete ban on entry or a Resolution on the undesirability of this foreign citizen's stay in the territory of the Russian Federation may be issued.

There can be many reasons for one of the above solutions. Basically it is the consequences of violations of the law.

Some of the possible reasons:

  • 2 or more offenses for 1 year.
  • Falsification of documents when crossing the border.
  • Exceeding the permitted period of stay in the country.

Expulsion of foreign minors

The protection of the rights and interests of foreign minors is not enshrined in Russian legislation. This is due to the fact that a minor foreign citizen is not considered as a separate subject of law. Therefore, a child who has arrived on the territory of Russia with his parents or legal representatives is considered by law as a family member of the expelled citizen and follows him.

The abolition of administrative expulsion

It is possible to appeal against the expulsion Order only in court. The best way is to declare the existence of special circumstances or to request the non-application of such a penalty on the first day of the trial.

If the court has already issued a Decision, it is necessary to file an appeal to a higher court.

The appeal period is 10 days. If the complaint is filed correctly, the foreign citizen may not leave the territory of the Russian Federation during this period.

The removal Order may be revoked in the following cases:

  • Urgent need for treatment in Russia.
  • The unimportance of the violations for which he was appointed this punishment.
  • A foreign citizen has a family living in the territory of the Russian Federation.
  • Full-time education in Russia.

Appeal against an administrative expulsion order

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As mentioned above, an appeal against an expulsion Order may be lodged within 10 days of the issuance of the Order.

The complaint is submitted to the court that issued the Decision. If the complaint is made correctly, the case materials are transferred to a higher court, which will consider the complaint.

The application includes details of the contested decision, describes the details of the committed violations and shall specify the arguments in favor of the abolition of administrative expulsion, supported by documentary evidence (e.g. copy of marriage certificate, a certificate from the University (if studying), and other documents, testifying in favor of reversing the Decision).

All attached documents must be notarized. Documents in a foreign language must be translated in the prescribed manner.

If the court refused the appeal, the foreign citizen is obliged to leave the territory of Russia within 15 days from the date of the decision.

Sample appeal for removal

Download a sample appeal against the Decision on administrative expulsion can be link.

Consequences of expulsion

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Administrative expulsion has a number of serious consequences for an alien, up to a ban on entry for a period of 3 to 10 years.

If a foreigner has received a ban on entry for a period of 5 to 10 years, then in the future he will not be able to apply for citizenship of the Russian Federation, a residence permit and a temporary residence permit.

A ban on entry for a period of 3 years is usually imposed in case of violation of the terms of stay in the country for less than 4 months, as well as for an administrative offense with prosecution under the administrative Code 2 or more times within 1 year.

The ban on entry for a period of 5 years can be varied, for example:

  • Exceeding the permitted period of stay in the Russian Federation for more than 4 months.
  • Multiple tax evasion.
  • Outstanding conviction in the Russian Federation or another state.
  • Presentation of false documents when crossing the border.

Amnesty for expulsion

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Amnesty implies the abolition of responsibility for misconduct in the territory of the Russian Federation. The Amnesty also removes restrictions imposed on migrants in the form of deportation and prohibition of entry.

Amnesty – a bill or by-law, which is formed by the competent authorities (the interior Ministry or the state Duma). For example, since the beginning of 2019, there is another Amnesty aimed at persons who violated Art. 27 of the Federal law on the rules of entry and stay in the territory of the Russian Federation.

You can find out about the current amnesties on the official websites of the agencies.

How to check for expulsion

To learn about the availability of deportation from Russia in the territorial body GUVM of the interior Ministry of the Russian Federation or on the official website of the Ministry of interior.

Important! The information on the website regarding deportation, expulsion and prohibition of entry is for informational purposes only. It is much more reliable to obtain information from the local Department of the interior.

To obtain information through the site you will need:

  • Surname, name, patronymic.
  •  
  • Details of the identity document.
  • Date of birth.
  •  

Mandatory fields are marked with an asterisk. Once the required fields are filled in, you should fill in the verification code and click on "submit request".

Where a foreign citizen should apply for expulsion

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If you are ordered to be expelled or the case is still under consideration – do not hesitate to immediately contact a migration lawyer.

Important! Remember, time works against you. A limited number of days are allowed to appeal the Decision. Within the prescribed period, it is necessary not only to prepare and file a complaint, but also to collect documents that will justify the complaint and prove to the court that you can not be expelled.

So do not hesitate to contact a lawyer, get professional advice and start acting on the agreed plan with a lawyer.

If you need urgent assistance in removal from the Russian Federation, please write to our lawyer through the form "Leave a comment". He will consult you absolutely free of charge, answer questions about the expulsion and tell you what to do first.

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