How to extend a Ukrainian citizen’s stay in Russia for more than 90 days

How does the 90/180 law work?

In accordance with the law on the legal status of migrants and the rules for the stay of Ukrainians in Russia, a foreigner arriving in the country can stay here for no more than 90 days within 180 days.

This means that a foreigner can stay in Russia without any Russian documents, in particular, a patent, temporary residence permit or residence permit, for no more than 90 days, and after that he is obliged to leave the country for the same period.

Duration of stay in the Russian Federation is 90 days out of every 180 days

In Russia, starting from the new year, the period of stay of visa-free migrants has been limited.

At the end of the outgoing year, Vladimir Putin signed a decree that states the following: “The period of temporary stay in the Russian Federation of a foreign citizen who arrived in the Russian Federation in a manner that does not require a visa cannot exceed ninety days in total during each period of one hundred and eighty days, for except in cases provided for by this Federal Law, as well as in the event that such a period is not extended in accordance with this Federal Law.”

This means that from January 1, 2014, for the majority of foreign citizens and stateless persons who previously entered our country without a visa, there is now a limit on the total period of stay in Russia. Our country is gradually approaching the rules of the Schengen zone, or rather, 90 days during each period of 180 days . Foreigners and stateless persons who exceed the period of stay will be prohibited from entering Russia for three years. This new rule applies only to those foreign citizens (or stateless persons) who entered the Russian Federation without a visa and who only have passports and migration cards. That is, migrants from the CIS countries without a work permit or patent will be able to stay in Russia for up to 90 days, and return to Russia after departure in no less than another three months. There are no restrictions on the time of stay in Russia for citizens of the Republic of Belarus.

Today there are more than 11 million migrants in the Russian Federation, most of whom came from the CIS countries. Before the new year, a foreign citizen who had the right to visa-free entry could stay in Russia for 90 days, return to his homeland, and re-enter Russia a few days later. Now it won't work like that.

The Federal Migration Service noted that the new law is aimed at combating illegal migration. It is expected that it will serve as an obstacle to those who work illegally in Russia. According to FMS estimates, about 3.5 million migrants work illegally in the Russian Federation. It is expected that the new law will reduce the number of foreign citizens by 1.3 million people who will be legally restricted from entering Russia.

“About 8.5 million people in Russia enjoy the right of visa-free entry. Illegal migrants, mainly from the CIS countries, who legally entered our country but violated their period of stay. According to our estimates, there are 3.5-3.6 million foreign citizens on the territory of Russia - those who have exceeded the period of legal stay in the country and are working illegally,” Romodanovsky said. According to the latest data from the Federal Migration Service, almost 430 thousand foreigners were prohibited from entering Russia in 2013.

The law was adopted by the State Duma on December 17, approved by the Federation Council on December 25 and came into force on January 1, 2014.

The news was published on January 13, 2014.

Is it possible to track the duration of a migrant's stay?

When a foreigner enters the country through a checkpoint, a customs officer records the date of his entry. When a migrant leaves, no matter through which checkpoint, the date of departure is entered into the database and saved. Information about all exits and entries is available to employees of the Main Migration Department of the Ministry of Internal Affairs, who regularly check migrants and monitor the effectiveness of the law.

More than one person is involved in monitoring migrants, so violations of the period of stay in the country are not immediately identified. If you managed to “deceive the system” and for a long period you “update” your migration card by regularly crossing the state border, do not flatter yourself, violators will be found and punished.

Responsibilities of a foreigner

The rules for the stay of Ukrainians in Russia are as follows:

fill out a migration card at the customs checkpoint;
enter the country with a valid passport;
register with migration authorities within 7 days;
act on the territory of the Russian Federation in accordance with the purpose specified in the migration card;
be at the address indicated on the migration card;
leave after the expiration of the migration card if the foreigner has not received a patent, temporary residence permit or residence permit.

Like citizens of the Russian Federation, Ukrainians are by default obligated to act in accordance with the law and not to violate it, since if any violations are discovered on the part of a Ukrainian, he will be tried on the territory of the Russian Federation and according to its laws.

Law 90/180

The article “Why do people go to the border” received a whole bunch of views, so I decided to talk a little more about the 90/180 law.

Introduction

For many years, citizens of Ukraine, Tajikistan, Moldova, Uzbekistan and other countries with which Russia has visa-free entry agreements lived in Russia without filling out any documents.

It was not difficult: you just had to go to the border, give your old migration card to the border guard, take a walk on neutral territory, turn around, get and fill out a new one.

A “fresh” migration card gave the foreigner the right to stay in Russia again for 90 days, thus, there was no need to leave for their homeland at all.

But one day everything changed. On January 1, 2014, Federal Law No. 389-FZ of December 28, 2013 “On Amendments to Article 27 of the Federal Law “On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation” and Article 5 of the Federal Law “On the Legal Status” came into force foreign citizens in the Russian Federation."

90/180

In accordance with the amendments, the period of temporary stay of a foreign citizen who arrived in the Russian Federation in a manner that does not require a visa cannot exceed 90 days in total during each period of 180 days

, with the exception of cases provided for by the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation”, as well as if such a period is not extended, in accordance with the Federal Law.

This means that if a foreign citizen has not issued a patent

or did not apply for a
temporary residence permit
during his 90-day stay, or did not extend his stay
in any other way
, then before the end of his stay he is obliged to leave the Russian Federation and will be able to re-enter Russia only after 3 months.

It turns out that in a 180-day period, a migrant can only stay in Russia for 3 months, and must spend the remaining 3 months at home - well, or in any other country except the Russian Federation and the Republic of Belarus.

Conclusion:

if a migrant stays in Russia for 90 days in a row, he needs to leave Russia, and can only come back after the next 90 days. If a migrant left and returned several times over the course of six months, spending a total of 90 days in the Russian Federation during his trips, he is also obliged to leave Russia, and can return again only after 3 months.

Important:

90/180 also applies to citizens of the EAEU countries!!!

Punishment

If a foreigner does not formalize anything and does not leave Russia within the prescribed period, he will receive an entry ban

for 3 years or longer (clause 12, part 1, article 27 of the Federal Law “On the procedure for leaving the Russian Federation and entering the Russian Federation” and further).

For violating the “90/180 rule,” a migrant faces an entry ban for a period of three to ten years.

Even if you pay the fine, you will have to leave Russia. Read more >>>

Operating principle

How does the 90/180 rule work?

The fact of crossing the Russian border is necessarily recorded by border guards - when you receive a migration card, the fact of your entry is entered into the database. When you leave, when you submit your migration document, the fact of departure is entered into the database. If the terms of stay in the Russian Federation are violated, the migrant is banned from entering Russia.

Note!

The ban is not imposed upon entry or exit from Russia; for this, some time must pass until the data is processed. Sometimes - several months.

The ban is not put by the border guards, but by the FMS - the data in the database must be analyzed by employees of the migration service.

That is why, even if the “90/180 rule” was violated - you left, turned around and went for a new migration card - they will give you a migration card and let you back in, because the data has not yet reached the FMS (this takes some time).

But as soon as FMS employees process the data and record the presence of a violation, you will be immediately banned. Sometimes a very long time can pass between the “crime” and the “punishment”.

Related article: Why you shouldn’t be afraid of border guards and customs officers?

Article on the topic: Why is the entry ban imposed late?

Conversations about “I didn’t know that I was banned and I didn’t receive any papers” don’t bother anyone. Police officers and departmental police officers are not required to run after violators and serve them with a prohibition notice.

Who should count the days of stay

For some reason they constantly try to pin this responsibility on the border guards, but in vain. The Migration Service long ago shifted the responsibility for counting days to the foreigner. You must count the days yourself! And you also bear the punishment for excess. Ignorance of the law does not exempt you from responsibility:

In relation to those foreign citizens and stateless persons who entered the territory of the Russian Federation exceeding the total period of 90 days during each period of 180 days, decisions will be made to reduce the period of stay and, in the event of not leaving the Russian Federation, they will be subject to procedure for deportation outside the Russian Federation in accordance with Article 25.10 of the Federal Law of August 15, 1996 No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation.”

Quote from the FMS website, 2015

How to get around 90/180 and not go home

The Migration Service on its official page reports that:

Please note that this procedure does not apply to foreign citizens and stateless persons when, on the day of expiration of the specified deadlines, they:

the period of temporary stay has been extended;
a temporary residence permit or residence permit has been issued;
the application and other documents necessary to obtain a temporary residence permit have been accepted;
a work permit or patent has been obtained in accordance with the established procedure;
the employer’s petition to attract a foreign citizen to work as a highly qualified specialist was accepted;
the employer’s application to extend the validity of the work permit issued to such a highly qualified specialist has been accepted;

And also (subject to extension of the period of temporary stay) in relation to:

journalists accredited in the Russian Federation;
students studying in educational organizations of the Russian Federation (how?);
foreign citizens and stateless persons undergoing treatment in medical institutions of the healthcare authorities of the Russian Federation.

We conclude: to bypass the 90/180 law, you need to:

Submit documents for a temporary residence permit or temporary residence permit
- pay attention, you need to submit the documents! if you are waiting for a quota or a queue, 90/180 still applies to you;
Obtain a temporary residence permit or temporary residence permit
- in this case, you will not be considered a resident foreign citizen, but a resident, and 90/180 will no longer concern you;
Apply for a patent
- or, if you are a highly qualified specialist -
a work permit
.
For the EAEU - conclude an employment
or
civil contract
;
Enroll in a full-time (full-time) department at an accredited educational institution
. You can check your accreditation here. Also, in some places, to extend the period of stay of a foreigner, not only full-time, but also evening (full-time and part-time) forms of study are suitable; such details should be found out in the admissions office of the desired university or secondary school;
Get admitted to a hospital
- in this case, the period of stay and registration will be extended at the request of the medical institution for the duration of your stay with them;
To extend the period of stay for some other reason, for example, on the basis of war in one’s native country
- it was on this basis that the period of stay of citizens of Ukraine was recently extended.

Ukraine

Ukrainians and military actions

Initially, everything was like this - President Vladimir Putin asked to meet the citizens of Ukraine halfway, the then head of the Federal Migration Service agreed with this. But with a caveat - not forever, but for a certain time, so that they have time to complete the documents. They didn’t make a law, a decree or an order - they told all regional bosses to extend it “by personal decision.”

Time has passed. In August 2015, news broke that the “preferential regime” was now only valid for residents of the Lugansk and Donetsk regions.

Ukrainians grumbled, swore, and were indignant, but by the beginning of 2021 everything had “settled down.” Of course, there were some bans on entry, but a significant number legalized their stay.

Today, most Ukrainians in Russia know about 90/180; they themselves convince their non-believing compatriots and talk about methods of legalization. Even traveling to the border to renew a migration card is losing popularity among them.

Although, according to the initial reaction, when the end of the preferential extension was just announced, it seemed that Ukrainians would not believe and be indignant for a long time.

Donbass and military operations

Residents of Donbass continued to extend their stay at the Federal Migration Service, some went to the border, although this is wrong, but to tell the truth, no one really bothered them. Although I heard about conscientious border guards who tried to talk about the “update” system, although it was not their responsibility, to somehow warn people, few people heeded this advice.

There were, however, periods when one region, then another, stopped renewing for a while, but they did not last longer than a couple of weeks.

In the summer of 2021, thunder struck in Crimea (read more...) and gradually they stopped renewing almost everywhere, until deputies stood up for Donbass.

Read: Konstantin Zatulin helps refugees from Donbass

The audience was divided into two camps - some continue to hope for an (infinite?) extension, others decided to legalize and are now trying to guide their compatriots on the right path:

As if there is nothing else to do but believe and wait. It is better to take care of your status and presence in the Russian Federation, and not rely on Zatulin for this.

Do you believe in 90/180? Do you think the introduction of this rule is the right step?

Source: https://zen.yandex.ru/media/vestnikmigranta/zakon-90180-5a35256e799d9d4acc9d1306

Extension of migration card

Among Ukrainian migrants, it is common practice to “extend” a migration card by regularly crossing the Ukrainian border with Russia and obtaining a new migration card. The practice is used to extend one’s legal stay in the country.

You cannot extend your migration card. Entry and exit does not prolong the period of stay of Ukrainians in Russia if the permitted periods have been exhausted. Receiving a new card does not allow a foreigner to begin processing documents and obtaining a new status.

Please note that a migration card is a basic document, in addition to a passport, on the basis of which you will receive a patent, temporary residence permit or residence permit. The card itself cannot be the basis for official employment.

How to extend your stay?

The period of stay of Ukrainians in Russia can be extended by official means:

obtaining a patent (with its help you can officially get a job);
registration of a temporary residence permit (submitting documents for a temporary residence permit in the presence of a quota or one of the possible grounds gives the migrant the right to apply to the Main Migration Department of the Ministry of Internal Affairs for an extension of the period of stay);
obtaining a residence permit.

Traditionally, holders of temporary residence permits and residence permits obtain temporary registration for 3 and 5 years. However, if it is not possible to obtain it, migrants regularly update their migration records.

Please note that submitting documents for a quota for a temporary residence permit is not a basis for extending your stay. Therefore, when planning to submit documents, plan your time wisely.

Extension of the stay of Ukrainians in Russia is carried out by re-registration with migration authorities.

Violation of the terms of stay

As mentioned earlier, violations of the terms of stay of Ukrainians in Russia are not immediately detected. Sometimes a foreigner allows himself to visit the country for several years without completing the necessary papers, and the customs service does not prohibit him from doing so.

When the information is collected and the migrant’s length of stay in the country is verified, he will be prohibited from entering the country without explanation for a period of 3 to 10 years, depending on how long the law is violated.

Department employees will not inform the migrant about the “good” news, so he will only be able to find out about the ban during the next exit/entry to “update” or “extend” the card.

At best, he faces forced departure from the country for a period of 3 months and a fine of 2 thousand rubles. A lenient punishment is possible if the migrant has family members who are citizens of the Russian Federation, and he turned himself in to the Main Migration Department of the Ministry of Internal Affairs.

How to circumvent the law on staying in the Russian Federation for 90 days – Legal assistance from a lawyer

It is worth noting that fines or other similar penalties are, as a rule, not levied on foreigners. This is due to the fact that even if the fine is written off, the rules will still remain in force, which will force the citizen to immediately leave the country.

Since such actions are illegal, the only money a foreigner will spend is money on the trip to their homeland. How to extend the period of stay in the Russian Federation beyond 90 days? There are a number of ways to extend your stay in Russia.

All of them require grounds and certain registration steps. Therefore, you cannot simply stay in Russia for more than 90 days.

If your documents for temporary registration are expired, you need to act depending on your future plans.

Important

If you are ready to pay the required fine and leave the country with the loss of the right to return to it in the near future, just trust fate.

Those who have a desire to stay in the Russian Federation must immediately put their affairs in order.

The first step is to contact the migration service and explain why the registration form was expired.

In this case, fines, unless there are compelling reasons, are still due. The notification form can be downloaded here. The final decision on each issue is made by the inspector. He has the right to deport the violator or limit himself to penalties against him and the party receiving him.

How long can citizens of CIS countries stay in the Russian Federation? The permissible length of stay on the territory of the Russian Federation is regulated by the so-called law of 90/180 days. It states that without obtaining a patent for work or obtaining a special permit, a citizen of Ukraine has the right to stay in Russia for no more than 90 days within 180 days.

This means that after staying 90 days in a row in the country, he must leave it for 90 days.

If the duration of a foreigner’s stay in the country turns out to be longer, and he cannot provide evidence that the delay occurred for a good reason (training, injury or illness, resolving inheritance issues or funerals), the violator of the law will face a fine and deportation from the Russian Federation for at least three years .

Rule “90/180 days” for citizens of Ukraine and the CIS

Every foreign citizen who arrives in Russia must obey not only the current laws of the Russian Federation, but also follow certain migration rules. There are quite a lot of them, but they are all doable and do not contain any special features.

At the same time, in the Russian Federation there are both special norms and acts (such as norms for granting political asylum or granting refugee status) and standard ones, which cover almost all those entering. One of these universal rules is popularly called “90 out of 180”.

It is he who determines how long a citizen of a foreign state can stay on the territory of the Russian Federation. We will tell you what this rule is, how it works and how to extend your stay in Russia longer than the limit allows.

What is the “90 out of 180 rule”? This is one of the standards that determines the length of stay of foreigners in Russia.

How to avoid being blacklisted, or information about the 90/180 law

Circumstances are always taken into account. If foreign citizens have expired registration, they may not be held accountable if the violation was committed for a good reason, for example, illness, death of a close relative, etc.

Cases of malicious violation of migration legislation (repeated repeatedly, long delay, etc.)

etc.) are punished not only by fines in the prescribed amounts, but also by deportation. The Code of Administrative Offenses does not consider circumstances such as delays.

Punishment is provided for those facts when the guest did not apply for registration at the place of stay or place of residence with the migration services.

At its core, an expired document from the Federal Migration Service can no longer be considered a temporary registration, as it loses its validity.

Ru_antivisa

The only legal way to extend your stay in the country is not to “update” the MK, but to obtain a document or status that gives the right to legally extend the Migration Registration (popularly “Registration”).

This could be a patent, RNR, RVP, residence permit, temporary residence permit, or any other legal basis.

In order to legally stay in the Russian Federation for more than 90 days out of 180, you need to apply for a patent, temporary residence permit or residence permit, otherwise you may receive an entry ban! And now it’s time to answer the most popular question: “I myself / my friend / acquaintance / brother / matchmaker / someone else has been updating the migration card for a year now, and nothing has happened, your “90/180 rule” does not work.” We usually answer this question with a joke, popular among people in uniform: if you are not sitting yet, then this is not your merit, but our shortcoming. You shouldn’t be happy that a violation of deadlines will go unnoticed.

Fine for overdue registration of foreign citizens

Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation is applied to its owner, which provides for a certain amount of fine both for the foreigner who has lost his temporary registration, and for the owner of the residential space where the violator continues to stay.

A fine for overdue registration cannot be avoided even in cases where a foreigner was already registered, but did not apply for an extension of temporary registration in a timely manner.

The Federal Migration Service has officially established the deadline for processing applications: 7 working days - you should apply to renew your registration in advance.

The administrative fine for overdue registration of a foreign citizen ranges from 2,000 to 7,000 rubles Actions of the violator Failure to comply with Russian rules for registering foreigners gives representatives of migration services the right to fine the violator.

6 Are residents not living at their place of registration fined?
7 What is fictitious registration

Registration deadlines and reliability It is important to understand when foreign citizens move from the category of guests to the category of violators. This happens in the following cases:

Registration was not carried out within the required period. For most visitors, a seven-day period has been established, during which they are obliged to let the migration services know about their entry into the territory of the Russian Federation.

How to circumvent the law on staying in the Russian Federation for 90 days

The “90/180” rule was introduced in January 2014.

It regulates the right of a foreigner to stay in the Russian Federation for only 90 days on a migration card, unless during this time another status has been registered - labor or legal (patent, RNR, RVP), and also establishes a rule for re-entry into the Russian Federation only 90 days after leaving Russia (thus, 3 months away - 3 months at home). If a “visa-free” foreigner has not decided on his status and works (stays) illegally:

more than 90 days - entry is closed for 3 years;
more than 180 days - for 5 years;
more than 270 days - for 10 years.

For categories with labor or legal status (see the list here), the “90 out of 180” rule ceases to apply, and therefore, the chances of receiving a ban on entry into Russia are significantly reduced. In this case, you do not have to leave the country or waste too much time.

Everything takes less than one day, so you save a lot of time in this way and the only legal way to extend your stay in Russia.

“Updating the MK” is the easiest and fastest way to get an entry ban for at least three years.

The thing is, from January 1, 2014, for citizens from “visa-free” countries, the “90/180 rule” was adopted, according to which “visa-free” foreigners (in the absence of a patent/RNR or other grounds) can stay in the Russian Federation for NO more than 90 days within six months.

In other words, if you have stayed in Russia for 90 days, you need to travel outside the Russian Federation for 90 days. Important to remember! “Exit-Entry” no longer gives you an additional 90 days to stay in Russia.

Let's continue further: The entry-exit service is especially relevant for those whose migration card has already expired - citizens of Ukraine and the CIS.

Source: https://dipna5.ru/kak-obojti-zakon-o-pribyvanii-na-territorii-rf-90-dnej/

/ Economic law / Fine for violating the rules 90 180

Until January 1, 2014, foreigners in Russia from post-Soviet countries could stay on the territory of the Russian Federation for no more than 90 days.

Many illegal migrant workers easily circumvented this requirement by traveling to the nearest border crossing and then immediately returning. Today, immigration laws do not allow this.

Citizens of other states with which Russia has a visa-free regime can stay within the country for 90 days out of 180. It is worth taking a closer look at the new requirements.

Basic provisions and paragraphs of rule 90/180 This requirement applies to foreign citizens who are staying in Russia in a manner requiring a visa, having issued entry documents for a business (commercial) visa, for a period of more than 180 days, with multiple entries.

Attention

And it doesn’t matter whether it’s a row or not. Let’s look at some illustrative examples. Citizen of Ukraine Alexey Ivanovich Migitsko was in Russia for 1 month, then left Russia and spent two months in Kyiv. After that, he returned to St. Petersburg and stayed here for another 67 days.

In this situation, the Ukrainian citizen violated the 90/180 law, since he was in total on the territory of the Russian Federation for more than 90 days over a period of 180 days.

Liability for violation of the law 90/180.

If a migrant in St. Petersburg or the Leningrad region violates the rules of entry, migration registration, or works without permits, he faces a fine of 5 thousand to 7 thousand rubles.

Law 90/180

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Citizenship
Migration law

A citizen of Ukraine is officially married to a citizen of the Russian Federation. I broke the law 90 out of 180, but there is no entry ban at the moment. At the moment I am in r.f. but soon I will be traveling to Ukraine.

Can I be given this entry ban at the Russian-Ukrainian border (at passport control)? How can I appeal an entry ban while in Ukraine? Can my husband appeal my entry ban? If my husband can appeal in my absence, what documents are needed for this?

How to extend the period of stay in the Russian Federation beyond 90 days? There are a number of ways to extend your stay in Russia. All of them require grounds and certain registration steps. Therefore, you cannot simply stay in Russia for more than 90 days.

Is it possible to ban entry if the law 90 out of 180 is violated?

Hello, Natalia! A citizen of Ukraine is officially married to a citizen of the Russian Federation. I broke the law 90 out of 180, but there is no entry ban at the moment. At the moment I am in r.f. but soon I will be traveling to Ukraine.

Can I be given this entry ban at the Russian-Ukrainian border (at passport control)? How can I appeal an entry ban while in Ukraine? Can my husband appeal my entry ban?

If my husband can appeal in my absence, what documents are needed for this? Is it possible that the entry ban will not be imposed at all? Yes, entry into the Russian Federation may not be allowed (entry ban), basis: Federal Law of August 15, 1996

N 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation” Article 27.

Fine for violating the rules 90,180

Its text is contained in the fifth article of Federal Law No. 115 FZ “On the legal status of foreign citizens in the Russian Federation.”

Its text is very simple - a foreign citizen staying on the territory of the Russian Federation has the right to stay within its borders for 90 days out of every 180. Thus, every six months a foreigner can spend only 3 months on the territory of the Russian Federation. There are two important details worth noting.

The first is that it doesn’t really matter how exactly the foreigner got to the Russian Federation - with or without a multiple-entry visa. So this rule applies both to foreigners for whom entry into the Russian Federation is possible only with permission, and to those who do not need a visa to cross the border.

The second important note is that these 90 days can be added up if, while staying in the Russian Federation, the foreigner left the country and then returned again.

We will offer you a cup of tea or coffee. Pleasant music awaits you AT THE BORDER We will take all your risks upon ourselves We will get you out of a difficult situation We will receive a migration card with you Cost of services provided by Rekrut LLC Type of document Deadlines List of required documents Cost Entry and exit (border Ukraine) 36 hours Passport (with you), temporary registration from 2400 rubles Entry/exit (Ukrainian border) 36 hours Passport (with you), temporary registration from 2400 rubles Expedited progress at the border - Passport (with you), temporary registration from 1500 RUB Customs control for citizens of Uzbekistan, Tajikistan and Moldova (entry-exit service) - Passport (with you), temporary registration from 1500 RUB (payment at the border) Temporary residence permit (TRP) About 3-4 months On request from 50,000 RUB Residence permit - Russian Federation citizenship About 4-5 months Only after temporary residence permit.

Source: https://strahovanie58.ru/shtraf-za-narushenie-pravil-90-180/