Check the official ban on entry into the Russian Federation. Check the entry ban into Russia

Arriving in a new country, any foreigner is faced with the need to adapt to new rules of behavior, comply with the laws of another state, and respect the customs and traditions of local residents. Among the migrants arriving in Russia are representatives of a variety of peoples and nationalities, mostly Asian and European. It is extremely important from the first day of your stay in Russia to comply with migration rules, not to disturb public order, and not to commit more serious offenses, so that in the future there will be no problems visiting the country. In addition, you can avoid troubles in the future by submitting exclusively truthful and reliable information about yourself to the migration services, and without resorting to fraudulent methods when processing entry documents, but initially check for an entry ban.

Who is at risk of being banned?

The border of the Russian Federation is crossed every day by thousands of citizens of other states arriving in our country for a variety of purposes. Under certain circumstances, visitors may be prohibited from entering Russia.

Such a measure is regulated today by Article 26 of Law 114-FZ, which, in particular, states that restrictive measures can be imposed on foreigners if:

• a person arriving in the country at the moment of arrival in Russia violates the accepted procedure for crossing the border. In such a situation, the ban may be lifted if the violations are eliminated;
• the potential visitor provided the migration services with false information about himself when processing entry documents;
• the applicant was brought to administrative responsibility on the territory of the Russian Federation twice during the three years preceding the trip. Such a ban is valid for three years from the date of the decision;
• the visitor previously violated the requirement to leave the country within a month from the expiration of the residence permit. An exception here can be made for persons who were unable to leave the country on time for compelling reasons, including serious illness, the need for emergency treatment, the death of loved ones, or a natural disaster;
• the arriving foreigner is an active participant in a public organization whose activities are recognized as undesirable on the territory of the Russian Federation.

Article 27 of the same law lists those categories of foreigners who will definitely be prohibited from visiting Russia.

It is guaranteed that a ban on entry will be imposed on the following persons:

• posing a threat to the national security of the country, order in society or the health of citizens. For example, if a foreigner is diagnosed with HIV infection, he will be prohibited from entering Russia. Cases where close relatives of the patient live in the Russian Federation and there are no other reasons not to allow him into the country are not taken into account;
• previously expelled or deported from the country. The duration of the ban in this case can be 5 years (for a single violation) or 10 years (for multiple cases of expulsion or deportation);
• transferred to the authorities of other countries on the basis of so-called readmission, when one state transfers to another a citizen who violates migration rules. Such a ban lasts, as a rule, 5–10 years, but in cases where the violator voluntarily leaves Russia at his own expense and assists the Ministry of Internal Affairs in every possible way, the period of restrictions can be reduced to three years;
• with an outstanding conviction for a serious offense;
• do not have the documents required to obtain a visa;
• those who have not taken out medical insurance (except for employees of diplomatic missions and members of their families);
• unable to confirm the availability of sufficient funds to live in Russia;
• included in the list of so-called unwanted visitors to our country;
• who used fake documents to come to Russia;
• having debts remaining after previous visits to Russia. Such a ban can be lifted after repayment of debts;
• who committed administrative violations two or more times during the year preceding the trip to the Russian Federation. The duration of such a ban is 5 years;
• significantly exceeded the permissible period of stay in the Russian Federation.

Foreigners who are prohibited from entering the Russian Federation will not be able to enter Russia through the territory of Belarus, since both countries are members of the Customs Union and crossing the border of Belarus by citizens whose presence in Russia is undesirable is illegal.

How the ban is imposed

1 million 700 thousand foreigners and stateless persons are already banned from entering Russia. A certain part of these persons continues to remain on the territory of the Russian Federation. This is due to the fact that migration services do not always have time to issue a ban for every foreigner who has committed 2 or more administrative violations. The ban is usually imposed when crossing the border by a border service inspector, who in most cases is an FSB officer. The inspector has before his eyes a so-called checklist, which includes foreigners who have violated the rules of stay on the territory of the Russian Federation or committed an administrative offense. A foreigner may not know that he is included in the control list when leaving the country, but the next time he visits the Russian Federation, he will be informed about this.

How to check the entry ban into Russia yourself

You can check on your own whether there is a ban on entry into Russia for a foreigner. To do this, you need to go to the website of the Ministry of Internal Affairs of the Russian Federation and fill out a form.

In the form, you must accurately indicate your personal data and submit a request for processing. The sender’s email address will receive not only an answer to the question: “is there a ban on entry into Russia?”, but also the reasons for such a ban, if any.

In addition, you can obtain up-to-date and reliable information regarding the presence or absence of a ban on entry into the country by contacting directly one of the departments of the State Administration for Migration Issues under the Ministry of Internal Affairs of the Russian Federation.

Video: how to independently verify that there is no ban on entry into the Russian Federation

How to remove the ban

Restrictions on entry into Russia can be lifted by contacting the Migration Department of the Ministry of Internal Affairs or by filing a corresponding lawsuit in court. Experience suggests that appealing to the Ministry of Internal Affairs, as a rule, does not lead to the desired results, and filing a claim in court is a more effective way to solve the problem.

The situation with lifting the ban is complicated by the fact that a foreigner usually learns about its existence at the border from a border inspector. A foreigner cannot appeal the decision, since there is no opportunity to enter the territory of the Russian Federation. Therefore, you have to turn to relatives and friends living in the Russian Federation with a request to act as intercessors when filing an appeal in court. If a foreigner believes that the ban was imposed groundlessly or by mistake, a lawsuit is filed in court to challenge such a decision. If the ban was imposed fairly, you should confirm that there are no longer grounds for the ban and file a petition to lift the restrictions.

How is the ban lifted in practice? If a foreigner, while living in Russia, committed two administrative offenses (for example, exceeded the speed of a car or crossed the road in the wrong place) and paid the required fines, information about these violations still remains in the database of the Ministry of Internal Affairs and the person involved is included in the control list. In other words, paying off fines does not lead to automatic lifting of restrictions: to do this, you need to go to court, submit supporting documents, and only after that the restrictions can be lifted. The decision to lift restrictions is usually made within one to two months.

As far as I know, an appeal against a decision on an entry ban is carried out in court. And here you cannot do without a lawyer, especially if you were banned upon entering the Russian Federation.
I heard from a FMS employee that the databases are updated every few months, so a situation is possible when you enter the territory of the Russian Federation, but entry is denied to you.

http://forum.legallabor.ru/viewtopic.php?t=29

Even if there is already a court decision to lift the entry ban, the information may remain in the Ministry of Internal Affairs database, so you should have the court decision with you when crossing the border. It must be remembered that this may not be enough, since the decision to remove must indicate who and within what time frame must remove the data of the person involved from the database, i.e., if the border guard does not allow the foreigner to pass, formally in this case he will be right.

Is it possible to temporarily suspend the ban?

The procedure for lifting an entry ban includes many legal nuances, which can often only be resolved with the help of specialists. For example, a typical situation where a foreigner cannot personally file an appeal in court can be resolved by seeking help from one of the specialized organizations, which, acting on behalf of the foreigner, files such an appeal. If the petition is correctly drawn up and sufficiently motivated, the court may suspend the ban for a certain period, which gives the foreigner the right to remain in the country until the court makes a final decision.

In any case, each petition is considered individually, since there are no two identical precedents: the severity of the offense committed, the personal circumstances of the applicant, etc. are always taken into account. Quite often, the courts lift the ban or shorten its duration due to the disproportionate nature of such a measure the offense committed.

Sometimes the ban is lifted in cases where the violation was committed due to force majeure or if the foreigner has close relatives in Russia. The basis for lifting restrictions in this case can be the European Convention on Human Rights, which declares the inviolable right of every person to privacy and provides for interference in private life only in order to protect the national security of the country.

Among other reasons why the entry ban may be lifted: having a residence permit in Russia or full-time study at a Russian university. In addition, restrictions can be lifted if a foreigner violates the terms of his stay in Russia due to illness and the need for urgent treatment.

Many compatriots are often faced with the need to leave the Russian Federation, and not all of them know about the imposition of a ban on these trips for a number of individuals. Why might a citizen encounter such a situation, and how to timely monitor the presence of restrictions through the Federal Migration Service? All this should be considered in detail so that subsequently there will be no difficulties when crossing the border freely when traveling for work or related to leisure.

Normative base

1. Crossing the border by Russian citizens for the purpose of visiting foreign countries is regulated by current legislation, namely the following regulatory legal acts:
2. Federal Law No. 114 of August 15, 1996 “On the procedure for leaving the Russian Federation and the possibility of entering the country.”

Federal Law No. 229 of October 2, 2007 (as amended on March 7, 2018) “On enforcement proceedings.”

On the basis of these laws, Russians are given the right to leave the country, as well as the inability to perform these actions in the presence of open enforcement proceedings for a certain amount.

Types of bans on leaving Russia

• the citizen has debts to bailiffs in the amount of over 30 thousand rubles (for other citizens with arrears of alimony, harm to health, property damage 10 thousand rubles);
• military personnel and law enforcement officers serving in classified units;
• restriction on traveling abroad due to proceedings in connection with a criminal act of a person;
• some government employees and employees of secret enterprises of the state defense complex.

All these citizens have permanent or temporary restrictions on travel outside the Russian Federation.

Additional Information

There is also a restriction on travel to certain states where the citizen is an undesirable guest, which can also be tracked through the FMS, but with an additional request to a foreign state or consulate, which will cost more.

Is it possible to check the travel ban through the Federal Migration Service?

The Office of the Federal Migration Service is currently a subordinate structure of the Ministry of Internal Affairs of the Russian Federation. Law enforcement agencies in our country have access to all databases and can freely say whether a citizen has certain prohibitions, as well as what they may be directly related to. In addition, the Federal Migration Service has the opportunity to obtain information about what needs to be done to lift restrictions and freely cross the border of the Russian Federation, with the appropriate presence of a foreign passport.

How to check whether there is a ban on traveling abroad through the FMS?

At the moment, citizens of the Russian Federation who are planning a trip to another country have the opportunity to find out about the presence of restrictions in the following ways:

1. Contact any branch of the migration service with an application for the issuance of a document confirming the absence of a criminal record or open enforcement proceedings, pay the state fee for the work of the authority, wait for the procedure, and receive a corresponding certificate confirming the presence or absence of prohibitions.
2. Conduct an independent check on the official website of the Ministry of Internal Affairs of Russia, which will require the provision of personal data, as well as information from an identity document (passport of a citizen of the Russian Federation).

Required documents for verification

In order for the Federal Migration Service to carry out the appropriate verification of a citizen, his personal information is required, which is contained in the following identity documents:

• passport of a citizen of the Russian Federation;
• foreign passport of a new or old sample;
• military ID for a military personnel;
• Driver's license;
• TIN – individual tax number;
• SNILS – insurance number of an individual personal account;
• Russian Federation pension certificate;
• certificate of loss and restoration of a Russian passport.

Information from any document can be used by employees of the executive body to carry out the appropriate procedure for checking the existence of a ban on traveling abroad.

Cost of verification

If we are talking about an online check through the official website of the Ministry of Internal Affairs of Russia, then you will not have to make any payment; after consideration of the application, the response will be sent to the citizen by email.

For your information

To issue a certificate confirming the absence of a ban on leaving the country, the amount of the state fee largely depends on the region of application. On average, to obtain this document you need to pay 350 rubles.

Timing for checking a travel ban through the FMS

In order to obtain information about the existence of bans on travel outside of Russia through the Federal Migration Service, certain deadlines are allotted. For each case they may differ:

1. When requesting information electronically, the response comes from 1 to 10 business days.
2. When requesting a document confirming the absence of a criminal record or open enforcement proceedings, the certificate is produced within 2 days.

In some individual cases, the time frame may extend to longer periods. So, for example, when requesting the production of a certificate in a remote constituent entity of the Russian Federation, this may take a longer time, but no more than 10 days.

How to check whether there is a travel ban through the Federal Migration Service online?

To check for restrictions, a citizen will have to perform a series of steps sequentially and also have a valid email address. Let's look at the procedure in more detail:

The answer will be provided: by telephone, in a registered letter or via email after processing of personal data.

How to get rid of the ban on traveling abroad?

It is possible to get rid of restrictions that were imposed by law enforcement agencies or other executive authorities only after its causes have been eliminated. For example, if there is a debt, then until it is paid to the extent of the lifting of the ban, the restrictions will not be lifted from the citizen. However, there is another way out of the situation - this is a direct personal agreement with the bailiff to cancel the sanction. As a rule, this is possible only after partial repayment of a large debt and payment in installments.

When will the travel ban be lifted?

The procedure for lifting travel restrictions on a citizen requires a thorough approach and verification. In accordance with the law, the restriction must be removed immediately after the debt is repaid, but this does not always happen immediately. In some cases, you have to wait many weeks for the ban to be lifted. To avoid such a situation, immediately after repaying the debt or other reasons preventing you from traveling abroad, you must contact the competent authority that imposed the ban, confirming that all circumstances have been met. In this case, the imposition of sanctions will be suspended immediately.

Verification nuances

For compatriots who have resorted to the method of checking the presence of restrictions on traveling abroad through the Federal Migration Service, they may encounter a number of points that should be paid attention to:

• the procedure carried out does not guarantee that a sanction will not be imposed the next day;
• regardless of whether there is an official document on hand confirming the absence of sanctions, the border service officer is obliged to conduct an appropriate check;
• if there are fines or other debts, then it is better to pay them in advance, and then visit the bailiffs with the receipts so that they do not have time to impose sanctions on the citizen;

If a citizen has a ban on traveling to foreign countries related to service in secret units, it is impossible to check the existence of this restriction with the Federal Migration Service, but a refusal of entry will be issued at the border.

Checking for a ban on entry into Russia for a foreign citizen is an important procedure. This will eliminate the situation when a migrant learns at the border that his access is denied. The check is quite simple; you just need to go to the official website of the Federal Migration Service, where there is a special section.

Until recently, the Federal Migration Service of Russia was a separate department that dealt with issues of control and supervision, as well as providing services in the field of migration policy. Today the service is a structural unit of the Russian Ministry of Internal Affairs, but still deals with migration issues.

Activities of the Federal Migration Service of Russia

All information about the activities of the main directorate of the Federal Migration Service of Russia is concentrated on the official website of the department. Here you can get useful information for citizens who want to receive government services. In addition, the site contains the following sections:

• divisions in the regions;
• state program to promote the voluntary resettlement of compatriots to the Russian Federation.

As well as other resources that will be useful to many who need to resolve issues related to migration policy. One of the most popular sections is the Federal Migration Service check for a ban on the entry of a foreign citizen.

How to check whether a foreigner can enter the Russian Federation?

On the official website of the Federal Migration Service, there are two options for checking whether a migrant can be included.

Checking the validity of invitations

If entry is by invitation, you should first check this document. By accessing the special section, you must enter the invitation data:

• his number,
• series
• and form number.

Checking the existence of grounds for not allowing entry into the territory of the Russian Federation

If the invitation is not on the black list, you should begin checking whether there are grounds prohibiting entry into Russia.

To do this, you need to enter a special section and fill out the fields that are offered. This is the personal information:

Information will be provided promptly. Even though the page states that it is not legally binding, it can be trusted. Information comes from territorial divisions.

If a user finds out that his name is blacklisted, he should find out the reason. And for this you will need to submit an application to the Federal Migration Service of Russia.

The procedure for crossing the Russian border, both forward and backward, is regulated by federal legislation, namely Law No. 114-FZ “On the procedure for entry into and exit from the Russian Federation.” According to the provisions of this act, certain categories of persons may be prohibited from leaving and entering if there are established grounds.

If we have already discussed the procedure for establishing a travel ban in sufficient detail, today we will talk about the entry ban and how to lift such a measure.

○ Entry ban: who decides and prohibits?

As a general rule, a Russian citizen cannot be prohibited from entering the territory of the Russian Federation under any circumstances - this is guaranteed not only by the Constitution, but also by other legislative acts.

The entry ban applies only to foreigners and stateless persons.

Thus, according to the law, the Border Service of the Russian Federation can deny entry to the following categories of persons who do not have Russian citizenship:

• Violators of the rules for crossing the state border and those who provided false information when preparing documents or forged documents.
• Repeatedly brought to administrative responsibility on the territory of the Russian Federation.
• Violators of the procedure for staying in Russia, namely those who have been on the territory of the Russian Federation for 30 days or more from the end of the permitted period of stay.
• Persons who were previously subject to measures such as expulsion and deportation.
• Persons whose presence on the territory of the Russian Federation may threaten the security of the state, public order, and public health.
• Those who have an unexpunged and outstanding criminal record.
• Not having a compulsory health insurance policy.
• Included in the list of persons in respect of whom a decision has been made that their stay on the territory of Russia is undesirable.

It should be noted that certain categories of foreigners who violated the regime of stay on the territory of the Russian Federation Entry ban can be imposed for up to 10 years, depending on how long the persons were in Russia illegally.

Video

Lawyer Vadim Gerts: talks about legal and judicial practice on the entry of foreign citizens into the country.

○ Ban on entry to Moscow, St. Petersburg or another city in the Russian Federation.

A ban on entry into the city - such a concept does not exist in the general provisions of Russian legislation.

For a citizen of the Russian Federation, such a ban may violate his constitutional rights to freedom of movement, and for a foreigner, the ban on entry has a broad meaning - such persons are prohibited from crossing the Russian border at the entrance, and accordingly, their being on the territory of any of the cities will be illegal.

However, movement within the country may be limited by the following special rules:

• Related to the use of transport, for example, a seasonal ban on heavy trucks and special equipment entering cities.
• Regulating provisions on the regime of closed cities - closed cities with restrictions on stay on their territory.
• In connection with natural and man-made emergencies, for example, in the event of a severe hurricane.

For other reasons related to the personality of the person entering, his religion, social status, nationality entry into the city cannot be restricted or prohibited.

○ Checking the entry ban.

As I mentioned above, if you are a citizen of Russia, then you should not worry about the ban on entry into your homeland that applies to you - such a measure does not apply to citizens.

The list of foreigners and stateless persons who do not have the right to enter Russia is compiled and kept up to date by a specialized government agency - the Federal Migration Service (abbr. FMS).

Check availability of your full name. In such lists, the FMS is quite simple - on the official website of the department there is a special form, when filled out, you can obtain information about the presence of a ban on entry into Russia online.

Of course, the FMS does not always respond promptly to changes in information about foreigners, such as change of surname or change of passport data. Thus, changing personal information may at some point help a person whose entry into Russia is prohibited - due to the changed data, he simply will not be identified in the migration service lists.

However! If the deception is revealed, then this person may well be deported with a subsequent ban on entry.

In our practice, there was a case when a woman, after changing her last name, was able to freely cross the Russian border in the presence of an entry ban. However, the deception was discovered when obtaining a work permit - the foreigner was nevertheless deported and banned from entry for a long time. Unfortunately, in some cases, even a professional group of lawyers is not always able to help.

○ How to lift the entry ban?

Lifting an entry ban in an official manner is a rather labor-intensive procedure. According to the law, to cancel such a measure only a court can

Please keep in mind that each case is individual and lifting (amnesty) of the entry ban is applied based on the totality of all conditions, including the impossibility of obtaining education or treatment at the place of residence, grounds for deportation, deadlines, etc.

As an example, I can cite a case where a man was expelled from Russia due to his illegal stay on Russian territory. However, he lived in one of the villages for more than 20 years, had a family, children and a passport as a citizen of the USSR. He could not return to Russia due to expulsion. Human rights activists helped reunite with the family - they canceled the measure precisely because of how long they had lived in Russia, the presence of children and the running of a private farm. The whole procedure took about 8 months.