Features of complaints against the Federal Migration Service in 2021

The Federal Migration Service, which was subsequently transferred to the Ministry of Internal Affairs and received the name GUVM, deals with various issues of registration of citizens.

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It is this government agency that you have to contact to issue or replace a passport, register and perform similar actions.

Often officials of this organization consider themselves masters of the situation and violate the rights of the citizen who applies. To solve the problem, the legislation allows for filing various complaints.

What it is

The Federal Migration Service was a special government body that dealt with various issues of registration and migration policy.

Also, it was he who had to apply for the issuance of a general passport.

Currently, the department was transferred under the control of the Ministry of Internal Affairs and became known as the Main Directorate for Migration Affairs of the Ministry of Internal Affairs, but this did not change the meaning of the task.

Very often, employees of the organization continue to commit various violations of the rights and interests of people, considering themselves practically impunity, and often acting far beyond the framework of legislation and legal norms.

But the state guarantees the opportunity for every person to protect their rights, including by filing various complaints.

Legal nuances

In fact, a complaint is one of the types of citizen appeals.

The ability to submit them to any authorities is provided for by the Constitution of the Russian Federation and this right cannot be limited.

It is imperative to use this method of protecting your rights and legitimate interests, because by remaining unpunished, officials will only continue to violate the law and the rights of citizens.

Complaints, like other appeals from citizens, must be considered in accordance with the Federal Law “On the Procedure for Considering Citizens’ Appeals”, as well as internal instructions and regulations of the Main Directorate for Migration of the Ministry of Internal Affairs of Russia.

These documents establish, in particular, a deadline for consideration of an application of 30 days, allowing only in exceptional cases its extension and also for a maximum of 30 days.

If a complaint about unlawful actions of FMS employees or their inaction remained unattended and was not considered within the time limits established by law, then the citizen can appeal to higher and supervisory authorities to carry out the necessary checks and take measures to eliminate the violation.

Sometimes complaints still do not yield results, and the citizen’s legal rights continue to be violated.

In this case, he can appeal to the judicial authorities and appeal against them the actions (inactions) of officials, as well as the decisions they made.

In what cases is a claim filed?

Violations by officials are not uncommon in Russia. The law does not provide an exhaustive list of reasons when a complaint can be filed.

Moreover, the Constitution of the Russian Federation indicates that the right to appeal to various state and non-state authorities cannot be limited.

This means that you can file a complaint for any violation.

Let's consider the main reasons for complaints against the Federal Migration Service (GUVM Ministry of Internal Affairs):

The given list of reasons for filing a complaint is not exhaustive and it can be submitted in case of other violations committed by employees of the Main Department of Migration of the Ministry of Internal Affairs.

How to compose correctly

The complaint must be made in writing.

Technically, the law does not prohibit oral complaints, but they are usually not properly recorded and dealt with.

And not every person can describe the entire situation in detail and clearly when speaking verbally.

The legislation establishes the following requirements for the application, which must be complied with:

It is also advisable to indicate in the application a telephone number or email for quick communication; if the official reviewing the application has any questions, this will allow them to be clarified much faster.

When drawing up a complaint, you need to be especially careful about its grounds. If possible, all cited facts and circumstances should be supported by documents or other materials.

In some cases, witness testimony can also be used for confirmation.

Submission methods

Modern technologies have made it possible to significantly simplify the interaction between citizens and authorities.

At the moment, it is quite possible to file a complaint against the Federal Migration Service online, using special services on the official website of the relevant authority.

In this case, the application will be automatically registered and submitted to the responsible employee for consideration, and the applicant will be notified by email.

Based on the results of consideration of the application, a response can be sent to the applicant either by e-mail or by regular mail.

It is also possible to submit an application on paper. It can be personally brought to the office or secretary of the relevant authority, or sent by registered mail by regular mail.

In the latter case, solving the problem will take longer, because it takes several days to deliver the item even within the same city.

Sample application

There are no strict forms of applications and complaints established in the legislation. The applicant must decide for himself how best to present the information for ease of understanding and consideration.

There is also an established structure for such documents. Based on it, it is easier to prepare a document in accordance with legal requirements.

For clarity, we present the approximate structure of the statement in the following table:

Sometimes, even relying on a standard structure, it is quite difficult for a person to prepare a document without having the appropriate legal knowledge.

In this case, you should definitely download a sample document here and use it as a template, modifying it for a specific situation.

Video: how to write a complaint correctly

What are the reasons for an application?

The problems that a Russian citizen faces when he gets to the Federal Migration Service are typical for the bureaucracy. In general terms they can be called unsatisfactory quality of service and abuse of authority. Situations develop differently:

• The process of processing documents does not fit within the deadlines stipulated by law.
• In response to the application, the Russian citizen receives a refusal, which is actually not supported by arguments.
• There are huge queues at the Federal Migration Service.
• The Russian citizen is denied a certificate of acceptance of documents.
• The citizen is not notified that the passport is ready.
• The applicant is denied any government service, getting off with excuses.

In order to correctly select a sample application and send a complaint against an institution or a specific official, it is worth getting acquainted with your rights and responsibilities of the department. The Internet will help with this: on the FMS website and other resources there is information about the regulations that establish the terms for the provision of certain services and the specifics of the service.

It is important to emphasize that today complaints to higher authorities of the Federal Migration Service and the prosecutor's office are considered promptly, and the perpetrators receive what they deserve. As a result, the quality of service improves. The main thing that is required of ordinary citizens is not to be afraid of officials and to defend their own rights.

Where to write a complaint against the Federal Migration Service

You need to understand that each situation is individual. In most cases, it is completely insufficient to simply fill out a ready-made template with your personal data.

It is imperative to describe in detail and clearly the reasons for the appeal and provide available evidence (for example, decisions of the relevant official).

Only in this case will the complaint bring the desired results. Care must also be taken to ensure that the application reaches the correct recipient.

This will speed up the solution to the problem and avoid a situation in which it is “lost” when sent between various government bodies and structures.

Let's consider where you can send a complaint against the Federal Migration Service:

1. Directly to the head of a specific department.
2. To the regional department.
3. To the prosecutor's office.

In some cases, it is recommended to contact all authorities simultaneously. This can be useful if the problem needs to be resolved as quickly as possible.

Head of department

In most cases, it makes sense to start solving a problem by contacting the head of a specific local department.

He is responsible for organizing the work of subordinate employees and is able to quickly intervene in their work; he also usually has all the necessary information to solve the problem as quickly as possible.

You should not rely heavily on solving the problem by contacting the immediate head of the department.

Often this is at most a remark to a subordinate employee and does not lead to a real resolution of the situation.

Regional management

You can also complain about the lack of response from the head of the department and the violations occurring in a specific structural unit to the regional department.

It must monitor the work of local departments and eliminate all identified violations and shortcomings. The appeal can be sent online or by registered mail.

How to act in case of outright violations

The leadership of the Federal Migration Service today offers effective mechanisms that help improve the work of local departments, getting rid of the remnants of bureaucracy. Since the end of 2013, the Telephone Call Center began its work, which is intended for both complaints and consultations of Russian citizens. Therefore, in fact, now in many situations you don’t even have to look for a sample application to the prosecutor’s office or other authorities: often the problem is solved with one phone call. In Moscow, the mobile phone numbers of the heads of the district Federal Migration Service were even made public. This was done after a sudden inspection by the head of the department, who arrived without warning at one of the institutions, finding there huge queues and a disdainful attitude of employees towards clients.

If there is abuse of power on the part of a particular employee, it makes sense to confront his boss with a fait accompli. You need to study the claim sample and submit a documented complaint. In most cases, this is enough to punish the official and eradicate the problem.

If the head of an institution does not demonstrate the best example to his own subordinates, ignoring appeals from citizens, it makes sense to write a complaint to the regional branch of the FMS. Here you can use a similar sample application, only indicating a different addressee.

If officials of the Federal Migration Service at all levels remain silent or only give formal replies, then it makes sense to write a statement to the prosecutor’s office. In this case, you will need to state the problem in a written appeal, listing the institutions that have not helped resolve the conflict situation.

By the way, today there is an opportunity to draw the attention of the central bodies of the Federal Migration Service to the problem by contacting them directly through the department’s website. There is a special form for requests. It is worth emphasizing that an electronic statement is equal in significance to a written complaint on paper.

Write an application to the FMS to lift the entry ban

A fairly simple procedure if you have a higher legal education from a leading university and you deal with lifting entry bans every day.

Our podcast “How to lift the ban on entry into the Russian Federation?” →

You can follow us on social networks and contact us with any questions you may have.

But the situation can become more complicated: 1. You are doing this for the first time; 2. You don’t speak Russian well; 3. You do not have a higher legal education.

We assure you that if you spend a week or two studying information on the Internet, you will be able to write a decent application to the FMS to lift the ban on entry into the Russian Federation.

Our video instructions on how to correctly write an application and claim to lift the entry ban.

It will look something like this:

To the Head of the Federal Migration Service of Russia on ______________ From a citizen of the Russian Federation ______________ Address for correspondence: ____________________

Dear _________________!

I ask you to allow entry into the Russian Federation for my husband, citizen ______________ – _________________, _______________ year of birth, place of birth: ___________, passport: ____________ date of issue ___________, issuing authority ________________ due to the fact that we are legally married, which is confirmed by a certificate of marriage __________________ dated ___________

I ask you to provide assistance in resolving this issue. Copies of documents are attached.

Applications: 1.Copy of passport, notarized; 2. A copy of the passport, notarized with translation; 3. A copy of the Marriage Certificate, notarized with translation.

02.06.2015 ________________ /

An approximate and primitive form of the statement is as follows. In fact, entry into the Russian Federation can be granted to you based on such an application. There were cases. It does not contradict the legislation of the Russian Federation; all the necessary information is available here. Yes, there are no references to the legislation of the Russian Federation, but there are your requirements, request. Basic information for the FMS is indicated. The main thing is to attach all the necessary documents.

The cost of our service for developing an effective application to the FMS is 7,500 rubles. We will develop it, send it to you, and you submit it.

Why do we NOT use such an application to lift the ban on entry into the Russian Federation? 1. For a lawyer involved in migration disputes, it is too simple, it will not produce the desired effect on the FMS employee, he can simply put it in a drawer and forget about it. The lawyer’s statement should attract attention, and the FMS employee should get it in his head that this statement needs to be answered, or he will be inundated with complaints. 2. Such an application for lifting the entry ban is not always applicable. Clients’ situations are often so complex and confusing that it is impossible to explain everything to a FMS employee with a simple statement. 3. A statement without reference to the law is more of a request. And we demand, we demand that the FMS lift the ban on entry into the Russian Federation.

Conclusion from our article: you can write an application to lift the entry ban yourself, or entrust us with this service. We will compile quickly, with quality and at an affordable price. If you want to order us and not order the entire service for lifting the entry ban, then you can do so.

Where to complain about employees of the Federal Migration Service

Both Russian and foreign citizens have to contact the migration service. Russians most often visit a department of a government agency to obtain and replace a Russian or foreign passport. Foreigners turn to it to resolve issues related to the preparation of documents for legal stay in the Russian Federation.

Important! Issues of migration policy and the provision of public services related to them were dealt with by the Federal Migration Service (FMS) from 2004 to 2021. It was abolished in 2016. All functions of the service were returned to the Ministry of Internal Affairs, and they were taken over by a special unit - the GUVM (Main Directorate for Migration Issues). For ordinary residents of the country, there have been no significant changes, except for the name of the government agency. They affected mainly the internal regulations of the service.

When contacting the migration service, a person must understand that department employees are required to work in accordance with current regulations and legislation. They cannot violate them. Any violations committed by GUVM specialists that infringe on the rights and interests of the applicant may serve as a reason for filing a complaint.

Reference! A complaint is not the only way to protect your rights, but this option is the most accessible to ordinary residents of the country and often allows you to solve the problem. The actions and inactions of migration department employees in certain situations are also subject to appeal through the courts, although for many this protection option is much more complicated.

The most common reasons for complaints against GUVM employees:

• deliberate delay in processing documents;
• refusal to provide a public service (for example, issuing a foreign passport without a chip);
• demand for documents, the provision of which is not provided for by current regulations;
• ignoring legal requirements and requests.

In any case, before preparing a complaint, it is recommended to collect all evidence confirming the grounds for the complaint. This is especially true for various documents, official written responses and other papers. In some cases, to confirm the facts stated in the application, various audio and video recordings can and should also be attached.

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Depending on the situation, you can send an appeal to the head of the local department, the regional department of the Main Directorate for Migration, the prosecutor's office, directly to the main department or the Ministry of Internal Affairs.

Important! If appeals to government agencies do not give the desired result, but the applicant is confident that his rights and interests have been violated, then it makes sense for him to exercise the right to judicial protection. To prepare an application to the judicial authorities, it is recommended to contact professional lawyers. But in most cases, the law requires a preliminary attempt to resolve the issue pre-trial through complaints.

It is also useful to read: Complaint to the FMS about migrants

Complaint to the head of the department

The first place to file a complaint about violations is the head of the GUVM department where the employees committed unlawful actions. This method quite often gives the desired result, and there is no need for further actions.

It is highly advisable to submit a complaint to the head of the department in writing. Oral appeals may simply be forgotten, but written responses are required. You can submit an application in one of the following ways:

• Through the office (secretary). The responsible employee will receive and register the appeal, and then transfer it to the head of the department.
• Via Russian Post. It is recommended to send requests by valuable letters with a list of attachments in order to have evidence of the fact that they were sent.
• At a personal reception with the head of the local branch of the GUVM. An appointment is usually required in advance.

Advice! When submitting documents in person or through the office, you must have a second copy of the documents with you. You must ask for a mark of acceptance on it. Sometimes it will be necessary to confirm the fact of the appeal if the issue cannot be resolved at the local level for some reason.

Complaint to the regional department of the Federal Migration Service

If the issue cannot be resolved at the local level, then you can file a complaint with the regional department of the GUVM. It can check the work of both ordinary employees and the head of the department.

You can send an appeal to the regional migration service department in the following ways:

• Through the service on the website of the Ministry of Internal Affairs. After selecting the desired region, you need to find the “Reception of requests” section in the “Contacts” menu and fill out the form provided.
• Personally at the management address. When submitting an application, you can and should get a mark on the second copy confirming acceptance of the document.
• By mail. The postal address can also be found on the Ministry of Internal Affairs website.

Important! Regardless of the method of filing a complaint, the complainant must identify himself by providing contact information and sending a response. Anonymous requests are not considered in most cases.

The standard period for consideration of a complaint is up to 30 days. Often the answer comes a little earlier, but if necessary, department employees have the right to extend the decision-making period for another 1 month by notifying the applicant. For example, a similar situation may occur if it is necessary to request documents for verification from lower divisions.

Complaint to the prosecutor's office

The Prosecutor's Office plays the role of supervisory authority over the work of the Main Directorate for Migration. It makes sense to contact it if attempts to resolve the issue directly through the head of the local unit or the GUVM management have not yielded results, violations have not been eliminated, or applications are simply ignored .

Reference! There is no point in contacting the Prosecutor General's Office directly. It only considers applications for violations that were not eliminated when contacting the management of the violators.

The first step is to contact the prosecutor's office of the city or district where the migration service department that committed the violations is located. The decision made can be appealed to the regional prosecutor's office, etc. There is no point in submitting an application directly to the Prosecutor General's Office. It will simply be transferred to the lower prosecutor's office for consideration, but this will lead to additional time costs, since applications are sent within 7 days.

Contact via the Internet

The easiest way to submit an application to the prosecutor's office is to send it via the Internet. To do this, you need to find the website of the regional prosecutor’s office and use the “Internet reception” or “Reception of appeals” service . In a similar way, you can send an application to the Prosecutor General's Office.

Attention! Standard requirements apply to electronic requests. If they contain profanity or insults, then such statements may be ignored. Reporting false information can lead to more serious consequences for the applicant (fine, and in some cases, criminal prosecution).

Personal hearing with the prosecutor

You can also submit an application to the prosecutor's office by visiting this government agency in person. Initially, you need to contact the district (city) prosecutor's office, and then to higher authorities. Employees who work with requests usually receive requests on a daily basis.

Important! It is better to contact the prosecutor's office in writing. During an oral conversation, employees can answer questions and record some facts. But only a written form guarantees that the complaint will be considered and a response will be given.

Prosecutors and their deputies also receive citizens in accordance with approved schedules. This information is published on the website of regional prosecutors' offices. It is advisable to clarify all information by phone in advance, since adjustments may be made to the schedule, for example, due to vacations of specific employees.

Contacting the Main Directorate for Migration Issues

Contacting the territorial departments of the migration service does not always give the desired result. In this case, the person has the right to send a complaint directly to the Main Directorate. The most convenient way is to send an application electronically through the “Acceptance of Applications” section on the Ministry of Internal Affairs website. Before filling it out, you must select the correct department.

All electronic applications must be registered within 3 days. They are answered within the time limits established by law (usually up to 30 days, sometimes up to 60 days) . At the request of the applicant, the response may be sent in printed form by regular mail.

Reference! You can also apply in writing by regular mail, but it must be taken into account that the delivery time for postal items can be quite long. This point should be especially taken into account by those who live in remote regions of the country. If you need to get an answer as quickly as possible, then it is better not to neglect the capabilities of the online reception.

Appeal to the Ministry of Internal Affairs

The GUVM is part of the structure of the Ministry of Internal Affairs. This means that if there is no response from the structure itself, you can file complaints directly with the Central Office of the Ministry. They can be submitted electronically through the Ministry of Internal Affairs website. To do this, just select the “Reception of requests” section in the “Online Services” menu and follow the system prompts.

The management staff of the Ministry of Internal Affairs also personally receives citizens in Moscow at the address st. Sadovaya-Sukharevskaya, building 11. It is being carried out in accordance with the established schedule.

Important! To report cases of corruption, “helplines” also operate in all regions. They can be used to report extortion of bribes and other similar violations.