Cancellation of the decision to deny entry into the Russian Federation

Concept

A ban on entry into the Russian Federation for foreign citizens is a note in the migration service database that a certain person may be refused to cross the border. Such a ban is valid only in relation to those persons who have repeatedly violated the legislation of our country or who have committed an offense in the migration regime.

It is also important that a ban on foreign citizens entering the Russian Federation is not a permanent measure of punishment. Its validity period can vary from several months to ten years. It all depends on how serious the offenses the person has committed. The entry ban can be appealed in court.

In order to ban foreign citizens from entering the Russian Federation, there must be grounds. The bad thing for foreigners is that no one notifies about being included in the ban list, so a person may find out about the impossibility of entry already at the border.

Of course, there is little pleasant in such discoveries, but if the information became known already when crossing the border, then all that remains is to return home.

To be on the safe side, you can check the ban online.

How can the Capital Lawyer help lift the ban on entry into the Russian Federation?

In the event of an entry ban, the person in respect of whom the restriction has been established has the right to contact the authorized services and here the help of highly qualified professionals is required, since counting on obtaining a positive effect from the application, it is necessary not only to submit an appeal, but to draw up a serious, substantiated document, which will contain the necessary regulatory framework and reasoned arguments that will not allow employees of departments in charge of entry ban issues to take the application lightly.

They must understand that this is the first step in judicial resolution of the conflict. In this case, it is possible to resolve the problem without resorting to court.

The capital's lawyer will prepare high-quality and substantiated materials, without providing the opportunity to refuse without considering the requirements in essence.

Lifting an entry ban in court without the help of highly qualified lawyers is also quite difficult.

Of course, everyone decides for themselves how to protect their violated rights, but it must be borne in mind that if you fail to competently argue your position and the case is lost, then it will be impossible to go to court again with the same demands.

Reasons for the ban

There are many reasons for the ban, all of them in different areas. But there are the most popular ones that are worth considering:

1. The foreign citizen did not comply with the terms of stay in the country. If the period of stay has expired and the person has not left the country, then he is prohibited from entering Russia for three years. This applies to a delay of one and a half months. When a person stays for up to six months - for five years. Well, if nine months have already passed since the foreigner was supposed to leave, then the whole ten years have passed.
2. Late payment for a patent or payment of tax using incorrect details. The fact is that as soon as you are late in paying for a patent, the latter will be cancelled. This means that the person no longer has the right to work in the country.
3. If a foreigner is brought to administrative responsibility two or more times. Even if these are fines from the traffic police, drinking alcohol in a public place, violating the terms of temporary registration.
4. An entry ban can also be imposed because a person has provided information about himself that is not true. This applies to both the individual and the purpose of the trip.
5. Entry is prohibited until violations of customs rules or sanitary standards are eliminated.
6. Termination of the readmission procedure is grounds for an entry ban for three years.
7. Having a criminal record for an intentional crime. In this case, it does not matter on the territory of which state it was committed.
8. A person does not have money to live in the country or the package of documents for a visa is incomplete.
9. Entry may be denied to a person who attempted to cross the border with false documents.
10. A foreign citizen evades payment of deportation expenses, taxes, and fines.
11. Staying in the country for more than 90 days in the last six months.

It is worth remembering that if the entry ban was issued once, its term will be five years. But if this is not the first case, then the citizen can forget about entering the Russian Federation for 10 years.

Customer Reviews

Letter of thanks

Gratitude from Kikkas V.P. Kikkas V.P. I am grateful to the Legal Agency of St. Petersburg for understanding the situation and timely assistance in my seemingly hopeless situation, personally to Denis Yuryevich Stepanov, I hope to continue to cooperate.

Kikkas V.P. 08.11.2018

Gratitude from Truk N.N. I would like to express my gratitude to Vasily Anatolyevich Kavalyauskus, Alexander Viktorovich Pavlyuchenko and Maxim Andreevich Lobur for providing qualified legal assistance, with the help of which my problem was resolved quickly and clearly. When contacted, I always found understanding and attention. It’s good that the “Society for the Protection of Consumer Rights” employs such lawyers and advocates. I wish you success in your future work and defending the interests of consumers.

Sincerely, Truk N.N.

07.05.2018

Gratitude from Tunnova L. Sergey Vyacheslavovich! Thank you for the qualified advice you provided regarding my question in the field of consumer protection (dispute with TC OPT, the kitchen was not delivered)

Lyubov Tunnova December 12, 2018

Thanks to Stepanov D.Yu. I express my deep gratitude to lawyer Denis Yuryevich Stepanov for his high professionalism and attentiveness to his case when considering the issue in word with a contractor who improperly completed the work of erecting a screw foundation. The cost of the work amounted to 178,300 rubles. And the court of the Vyborg district (Case No. 2-1432/2018) dated March 12, 2018) to collect, taking into account all fines, 504,800 rubles. Once again, I thank you and wish you success in your future work and only successful business conduct.

Grateful to you, your client. 05/18/18

Gratitude from gr. Tiuntsova G. A. I asked for advice from your “Legal Agency of St. Petersburg” - regarding deception by one person who presented himself as an employee of Rospotrebnadzor of the Krasnoselsky district, Novichkov A. A. Offered me a service - before the New Year, go on a tourist trade union voucher to Moscow on the Sapsan railway transport. I refused due to the manipulation of the placement of seats - in different trains, and then by car. Lawyer Sergei Vyacheslavovich Mavrichev handled this case and provided consultations. I thank you for such a sensitive and attentive attitude in office work, which was denied at the 58th police department of the Vyborg district, under Art. 24, 144, 145 of the Code of Criminal Procedure of the Russian Federation, I now have the right to appeal the conclusion and will send an application for further investigation to the district prosecutor's office.

Tiuntsov G. A.

8

From Pravikovskaya N.B. I express my gratitude to the staff of the legal consultation: Andrei Valerievich and Dmitry Konstantinovich, who helped me resolve the unpleasant situation with the Pyaterochka store.

The issue was resolved in my favor without delay and quickly. They apologized to me and I received monetary compensation, all without lengthy litigation. Once again, thank you very much!

Customer Feedback We thank the employees of Legal Agency of St. Petersburg LLC and, first of all, Yana Maksimovna Matveeva and Andrey Valerievich Ermakov for their highly qualified and thorough consideration of our issue and the prompt solution to our housing problem.

Also to Daria Valentivna Kutuzov for her attentive and friendly attitude towards visitors.

Gratitude from N.A. Tomashpolskaya I would like to express my deep gratitude to Alexander Viktorovich Pavlyuchenko for his competent legal advice and sensitive, attentive attitude towards me, who found myself in a difficult situation.

Sincerely, Tomashpolskaya N.A. 07/01/18

Gratitude from Busygin A.I. I express my gratitude to Vasily Anatolyevich Kavalyauskas for the qualified management of my case, competent advice and justification for the decision, which led to compensation of the stated claims.

Sincerely, Busygin Alexander Ivanovich

26.12.2017

Who can deny entry

In addition to the FMS, the following authorities can impose a ban on entry into the Russian Federation:

1. Ministry of Internal Affairs of our country.
2. SVR of Russia.
3. Defense Department.
4. Rosfinmonitoring.
5. Ministry of Justice.
6. Federal Security Service.
7. Ministry of Foreign Affairs.
8. Federal Drug Control Service of Russia.
9. FMBA of Russia.
10. Rospotrebnadzor.

All entry bans are adopted in accordance with the procedure prescribed in the department’s regulations.

Online check

If previously it was possible to check the ban on entry to the Federal Migration Service (on the website), now the official resource has stopped working. Therefore, all checks now take place on the website of the Main Directorate for Migration of the Ministry of Internal Affairs of Russia.

On the portal, every foreigner has the right to find out whether he is prohibited from entering the country or not. To do this, you need to fill in several fields, then the information will be available.

There is a small nuance: in order to get complete information, you need to fill out all the fields, not just the required ones. After all the information has been entered, you need to click the “Send request” button and wait for a response.

The wait, as a rule, does not last long, and depending on the answer, it will be possible to understand what to do next.

Answer wording options

Upon request on the Internet resource, you can get two answers:

1. There are currently no grounds that prevent entry into Russian territory. A person can safely continue to plan his trip, knowing for sure that he will not be turned back at the border.
2. If there are obstacles to entry, the answer will be appropriate. It is quite possible that this obstacle is sanctions.

Whatever the answer, there is no need to panic. After all, the information obtained on the site does not always correspond to reality.

It is better to check the entry ban at the FMS by contacting it in person.

Official inspection by the FMS

To be absolutely sure of the accuracy of the data, you need to contact the FMS for it. Only the results of an official verification exclude any temporary inaccuracies. How to find out whether there is a ban on entry into Russia or not?

The foreigner needs to write a statement himself or through a personal representative (by proxy) in which he asks to provide all the information about the ban and the reasons for the latter.

The application must indicate personal data, specifically last name, first name, patronymic, citizenship, gender, date of birth.

The foreigner will receive a response to the application within ten days from the date of application. It doesn’t matter whether there is a ban on entry into Russia, the FMS will respond in writing.

How to remove the ban

To the delight of foreigners, bans from certain services can be appealed. But this does not apply, for example, to the ban by the Ministry of Internal Affairs. You can expect only information from the inspection, but not the opportunity to challenge the decision

Only the Russian court decides whether or not to lift the entry ban. That is, in order for the case to be considered, you will first need to file a claim that the person wants to remove the restriction measures.

There is another way - to contact the Federal Migration Service or another body that imposed sanctions.

Let's consider both methods so that it is clear not only how to check the ban on entry into Russia, but also how to challenge it.

How to find out if there is no ban on entry into Russia?

As stated earlier, information about the existence of a ban on entry into Russia is posted in the central database.

When you try to enter the state, you will be provided with this information by border guards, who will provide information about who has limited the opportunity to visit the Federation, and will also warn you about the responsibility of unauthorized visit.

Of course, this is the most undesirable way to obtain information that is of interest to violators. Therefore, in order to avoid such an extreme way of solving the problem, you need to take care in advance to clarify the issues of interest.

There are a number of quieter ways to obtain information.

As for the entry ban by internal affairs officers, this department has a website that is freely accessible and on it you can see information of interest to the violator.

By entering the necessary information, you can independently check whether there is a ban on entry into Russia .

At the same time, as indicated on the Internet resource itself, the information is advisory in nature and is not official. That is, no one is responsible for guaranteeing their accuracy.

A more reliable way of verification is to send an official request, the answer to which will guarantee one hundred percent official fact of the presence/absence of a restriction.

As for other structural divisions, they do not provide such information on the Internet resource. That is, to obtain information managed by other services, a personal application is required.

There is a set thirty-day period for consideration of appeals. A response to the request is mandatory.

So, in order not to receive unpleasant surprises at the checkpoint, a non-resident who intends to visit the Federation would do well to first take care of obtaining the relevant information.

Appeal in court

The case is being considered as an administrative one and through a court of general jurisdiction. To decide where to go, you need to find out where the department of the Ministry of Internal Affairs is located for a specific subject. For example, in the capital, the Tver Court deals with such cases.

Every foreigner should know that a decision to ban entry can be appealed only within three months from the date of its adoption. During this same time, the law allows the claim to be considered. An important nuance is that in order to conduct proceedings in court, you need to pay a state fee.

In addition, only a lawyer or a person who has a higher legal education and is fully capable can represent interests in this administrative court proceeding. Education has an important role. If any close person (relative, friend, etc.) does not have a higher legal education, then he is prohibited from representing the interests of the plaintiff. For this reason, such cases are most often handled by lawyers.

By law, the dispute must be resolved within two months. But often the results of such a trial are far from desired. The fact is that it is not enough to learn about the ban on entry into Russia; you also need to collect a sufficient amount of evidence and correctly draw up a statement of claim. These two reasons, and also judicial practice in some regions, play a role in the refusal to lift restrictions.

What is deportation from Russia?

Deportation from Russia is an action aimed at forcibly moving a violator or someone whose presence within the state poses a threat to society across the state's cordon. The goals and objectives of the entry ban and deportation from Russia are similar, but the methods of achieving the result are different.

Unlike an entry ban, deportation, as a coercive measure, is established exclusively within the framework of judicial proceedings with the direct participation of the perpetrator. At the border control area, deportation is carried out by security authorities. Deportation from Russia 2021 has undergone some deformation during the period of restrictive measures related to the threat of the spread of the pandemic, but at present, everything is gradually returning to its previous state.

As for the entry ban, such a coercive measure is imposed by security forces without any restrictions.

Administrative appeal

Everything is a little simpler here. After a foreigner has managed to view the ban on entry into the Russian Federation, he can contact the authority that imposed this restriction.

The appeal will be reviewed within thirty days and a response will be issued. There is nothing complicated in drawing up such a document, but if there is a fear that there will be mistakes, then it is better to contact a lawyer. As a rule, the decision to ban is canceled only if there are documented circumstances. If the foreigner does not find an opportunity to confirm his words, then his application will be rejected.

It is already clear that the decision to lift the ban is made on the basis of evidence, so it is worth taking care of it in advance to save time.

Entry ban for administrative offenses

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The ban on entry into Russian territory due to fines is a significant problem for foreign citizens. According to current legislation, a foreign citizen may be subject to an entry ban for an administrative offense. Many foreigners do not know how to lift the ban due to fines, or they try to do it themselves and fail.

In this article, we will tell you how to lift the ban on entry to Moscow, and also consider a real case from our practice, in which we managed to defend the right of a foreigner to freely visit the Russian Federation.

First, let's give a brief overview of the current legislation. In general, all reasons for the entry ban can be divided into two conditional categories:

• reasons why the ban is imposed without fail (decision on expulsion from the territory of Russia, the need to ensure the defense capability of the Russian Federation, criminal record and a number of others.
• reasons why an entry ban is imposed depending on the situation and is a right of the state bodies of the Russian Federation, and not an obligation (for example, in a situation where a foreign citizen provided false information about himself),

The good news is that an entry ban due to fines belongs to the second group of reasons and may not be imposed at all. If such a ban is nevertheless imposed, lifting the entry ban in Moscow will be much easier, since the legislation itself does not consider an administrative offense to be the basis for a mandatory entry ban.

How can you lift an entry ban due to fines if you are denied entry into the Russian Federation? An approximate algorithm when contacting our law firm will be as follows:

• you need to contact professional immigration lawyers. There is no way without this. The migration legislation of the Russian Federation has many nuances and you are unlikely to cope on your own.
• If you do not know the reason why you are not allowed into Russia, then a lawyer will help you write a request to the Ministry of Internal Affairs in order to find out the reasons for being barred from entering the Russian Federation.
• After contacting a law firm, you are given an initial consultation, your documents are studied, your chances of success are assessed, and options for solving your problem are offered. Following the consultation, you may be given both an oral and written opinion.
• an application to lift the entry ban for administrative offenses is drawn up, and evidence is collected.
• The application is sent to the Ministry of Internal Affairs of the Russian Federation;
• obtaining a positive result, that is, lifting the entry ban for administrative offenses.

Let’s look in a little more detail at how we write such statements in order to lift the entry ban in Moscow.

• description of the facts, indicating the applicant’s full name, his citizenship, and for what reasons the ban was imposed.
• formulating our client's position. Here we immediately indicate that we consider the imposition of a ban on entry into Russian territory illegal, we pay special attention to mitigating circumstances (the presence of relatives on the territory of Russia, the absence of a threat to the Russian Federation and Russian citizens from a foreigner, a positive characteristic of a foreign citizen, the need to work or study in territory of the Russian Federation). Mitigating circumstances can be selected based on a specific situation, since the law does not limit the list of mitigating circumstances.
• substantiating the position of a foreign citizen with references to the norms of Russian legislation, as well as to the norms of international law. Here are references to the right of foreign citizens to private and family life, the right to a fair trial in courts and government bodies, references to the need for proportionate punishment, etc.
• inclusion of a requirement to lift the ban due to fines as a result of the application.

In conclusion, as promised, we will give a real example from our practice, where we were able to lift the ban due to fines.

Circumstances of the case: a citizen of Azerbaijan was denied entry into the Russian Federation due to the commission of several administrative offenses. A foreign citizen contacted our law firm and wanted to lift the entry ban. The ban was successfully lifted in the shortest possible time, thanks to a well-written application for the lifting of the ban.

In the statement we stated the following:

• the foreign citizen admits guilt in committing administrative crimes and repents of committing them;
• the foreigner is the husband of a citizen of the Russian Federation, which is confirmed by a marriage certificate;
• a foreign citizen is characterized on the positive side, he does not pose a threat to the state, society, or the population of Russia.
• when imposing an entry ban, the fact that the foreigner has a family in Russia was not taken into account;
• the entry ban violates the foreigner’s rights to freedom of movement, as well as the right to private and family life;
• in accordance with international law, everyone has the right to a fair public hearing;
• everyone has the right to respect for both private and family life;
• punishment in the form of a ban on entry into the territory of the Russian Federation is disproportionate and unfair in this situation.

As a result, thanks to such a statement, we managed to achieve the lifting of the entry ban for the citizen of Azerbaijan.

If you are denied entry into the Russian Federation, you should not panic; most often, such bans can be quite successfully lifted, it all depends on the qualifications of your lawyer. You should not try to cancel the entry lock on your own, only after reading this article or similar articles from the Internet; each situation is unique and an individual approach is required for each situation. Depending on the situation, the tactics of conducting your case, the choice of evidence, an indication of the facts you need and mitigating circumstances will depend.

It is important to understand that the outcome of your case largely depends on the timely contact with a migration lawyer and on his correct choice. An independent attempt to solve the problem may result in the fact that the ban on entry into the Russian Federation will not be lifted, and you will have to wait for the expiration of such a ban, which will take years, since in the event of a refusal to lift the ban, it is quite difficult to appeal such a refusal.

Grounds for lifting the ban

As mentioned above, you can find out about the ban on entry into the Russian Federation by personally visiting the FMS office or by looking on the website. But, in addition to the reasons why entry may be denied, there are also factors influencing the lifting of the imposed ban:

1. A foreigner has close relatives in our country. This includes spouses, children, parents. You can try to lift the ban with the help of grandmothers, sisters, brothers or grandfathers, but to do this you need to prove that they live together or one is dependent on the other. If a relative does not have Russian citizenship, but has a residence permit, then you can also try to lift the restriction.
2. Work permit or labor patent. The prohibition is canceled if it was imposed during the validity of the patent. But here, too, there is a condition: all payments must be made, and the re-registration of the patent must not be overdue.
3. Having a residence permit or temporary residence in the country will also be grounds for lifting the ban.
4. The entry ban is also lifted in case of emergency treatment.
5. Studying at an educational institution located in Russia is also a reason for lifting the ban.

Algorithm of actions when appealing a ban

In order for this problem to be resolved quickly enough, you need to contact a migration lawyer. It is he who will help you understand the intricacies of Russian law and find a way out of the situation. But if there is no opportunity or desire to look for such a person, then you can try to do everything yourself.

First you need to send an official statement to the FMS to explain the reasons for the ban. This can be done through a proxy or in person.

After receiving a response, you need to look for reasons to lift the ban. If there are enough reasons for cancellation, then you need to find documentary evidence for them. All papers must be certified by a lawyer.

Then proceed according to the situation:

• in case of unlawful actions of FMS employees, a complaint is written to a higher authority;
• an application to lift the ban is written and all necessary documentation is attached;
• waiting for an answer; if the latter is not satisfactory, then you need to act through the court.

It is worth recalling that in order to win a case, you need serious evidence of the incompetence of FMS employees or grounds for lifting the ban.

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Appeal

The first attempt is not always successful. But this does not mean that you need to give up. To further defend your rights, you need to find an appellate authority and apply there. Again, a month is given for these actions.

Another good news is that new evidence can be submitted along with the appeal.

Again, only ten percent of all appeals result in the ban being overturned. But who knows, maybe this particular person will make it into the top ten.

Lift the ban on entry into the Russian Federation, the cost of the procedure.

To successfully resolve the issue related to the lifting of the entry ban, it is advisable to use the services of professionals, especially at the stage of judicial consideration of the conflict. The courts, the issues filed are quite difficult, and therefore the services of specialists are also not the lowest. Thus, resolution of pre-trial issues is estimated at around 15-20 thousand rubles. As for the conduct of the trial, in the range of 50-70 thousand rubles.

So, if a foreign citizen expresses a desire to use the services of professionals, he should expect that in order to resolve the existing conflict it will be necessary to incur certain financial costs.