We do not undertake to never say that we are all-powerful, and that each entry ban will be lifted – no, it is not. Our goal – to increase the likelihood of a positive outcome of the case, the judge correctly present situation, prepare documents and protect your interests in court. Today will talk about when we could not do it. Both the client and we agree, that is not our fault here, we are “squeezed” out of the situation at most.
There are quite a complex article, which is not so often canceled. This example Article 27 of the Federal Law N 114-FZ. The ban on the entry under this heading are sometimes imposed and 10 years. This is a huge time and one of the most severe penalties. With this article we have yet not so much. Roughly speaking – should seriously try to obtain a ban that for this article. A similar problem addressed and our client, it exceeded the period of stay for quite a long time (almost a year) and a travel ban on him was imposed for 10 years. It was explained that the situation is complex and contains the probability of the outcome of the case. The client agreed, we started to work.
In order to cancel such bans needed “iron” base, for example – skipping respectful term or close relatives – citizens of the Russian Federation. Respectfully, we did not, but had a wife and child of the Russian Federation citizens. But the marriage was registered after the decision of unauthorized entry into the Russian Federation, and the child was also born after the decision of unauthorized entry into the Russian Federation. This is the main problem. State authority considers always that such marriages are registered specifically to provide legitimate presence in the Russian Federation. There is a good argument in FMS – “at the time of the decision, the rights of foreign citizens are not violated.” And what if they are broken then?
Knowing that the FMS will not cancel this article, we had never contact the Leninsky district court of Vladikavkaz. Court with our arguments did not agree. We have argued that in fact marital relations were established prior to the ban on entry – at least child proof. The appeal court also agreed with our arguments. All this despite the fact that the wife of huge loans, foreign citizen should be treated in the Russian Federation, it is characterized only on the positive side, he has a child-citizen of the Russian Federation, which will be forced to grow up without a father 10 years old, and his wife, who would be forced to raise it alone.
We can not evaluate such decisions. We just want to show that is not always so simple as it may seem to you. In such cases, it is better entrust your business to professionals. Do not use your last chance to appeal in vain.