“Everyone has the right to move free and choose his place of residence within each state”
– this is exactly what the UN Convention on Human Rights says. Quite often, Chinese citizens choose Russia to study, work, and live in the country.
However, not everything is so perfect. If a foreign citizen violates the law of the Russian Federation, he may receive deportation and an entry ban.
As a rule, a Chinese citizen find out about the entry ban at the border with Russia. If we are talking about deportation, then this requires a court decision.
In such a situation, you should not panic; you need to analyse the situation and try to lift the entry ban. Our immigration law specialists can help you with this.
There are several reasons to contact us;
- Extensive experience in lifting the ban on entry into Russia. Consultation and answers to your questions in our Telegram chat. https://t.me/zapretnaviezd Instructions: join the chat – click on the pinned message, there will be all the answers to frequently asked questions;
- We will give you examples of documents http://zapret-na-viezd-v-rf.tilda.ws/page21017335.html or help you draft them;
- We will find out the reason for the entry ban in one day and help you work with the authorities and the court;
- Our specialists know many aspects of Russian and international law.
What is an entry ban and deportation?
Let’s try to explain the terms of Russian migration law. These issues are regulated by Russian Law No. 115 “On the Legal Status of Foreign Citizens in the Russian Federation” and Law No. 114 “On the Procedure for Exiting and Entering the Russian Federation”.
There is a difference between an entry ban and deportation. Both terms are administrative measures and the grounds for them are violation of Russian law by a foreigner. And after deportation there may be a ban on entry.
The entry ban is established by the Ministry of Internal Affairs of the Russian Federation or the Ministry of Justice, Rospotrebnadzor, and the FSB. There must be grounds for this, which are written in the law, which we will talk about it more detail in the rest of the article. The ban itself means that a foreigner cannot enter Russia. It is established for a specific period or indefinitely.
Deportation and expulsion are also different terms. In the first case, the decision on deportation is made by the Ministry of Internal Affairs. Expulsion can only be by court decision. The decision on deportation is executed after 5 days, the decision on expulsion – from the moment it enters into legal force.
Grounds for banning entry to a Chinese citizen
A foreign citizen from the People’s Republic of China must comply with Russian law. If he violates this law, he receives an entry ban.
The law regulates several grounds for entry ban. We’ll give you the highlights. If you received a notice of a ban, you could look and find out why the ban was imposed.
- Part 4 Art. 26, part 8, article 26, paragraphs 12 and 13, part 1, art. 27 – Administrative responsibility of a foreign citizen (Ministry of Internal Affairs);
- clause 10, part 1, art. 27 – debt to the state;
- subclause 7, part 1, art. 27 – from the Ministry of Justice, if the person served a sentence in the Russian Federation for violating the Criminal Code;
- subclause 7, part 1, art. 27 ban from Rospotrebnadzor, this is a ban due to illness.
How to find out why an entry ban was imposed
As we have already said, a Chinese citizen will know that he has an entry ban when he receives a paper notice at the border. On the paper they write which government authority imposed the ban, the article of the law (above they gave you a list of articles and what they mean) and the period of the ban.
However, this would be an ideal situation and, as practice shows, there may not be any notification. Here, a foreigner from China will no longer understand what is happening.
Don’t panic, remember that everything can be found out. We can help you with this too.
We go to the website of the Ministry of Internal Affairs and write the data required by the form. (http://services.guvm.mvd.rf/info-service.htm?sid=3000). The form will help us find out which region of Russia initiated the ban and which government authority imposed it.
If the site writes that there is no entry ban, then it is worth checking again and sending a request using the Ministry of Internal Affairs form. The problem is that the database may not be updated, or another government body may have another database.
If we only know the region in which the entry ban was imposed, then we also write a request using the Ministry of Internal Affairs form https://mvd.rf/request_main. We select the migration department and write a request.
The request must be clear, and you must write the reason for the request, your data and the requirement to inform about the reason for the entry ban.
In the response, the authority must write to you the number of the article of law under which the ban was imposed. The response period is up to 30 days. Let’s use our table and find out the reason for the ban.
If there is no answer, then you need to write to several of the most popular authorities. There will be links below.
Rospotrebnadzor- https://www.rospotrebnadzor.ru/feedback/hotline2.php
FSB – http://ps.fsb.ru/fps/contact/contacts_dpk.htm
Ministry of Justice – https://minjust.gov.ru/ru/contacts/
Penitentiary Service – https://fsin.gov.ru/fsin/details/
Entry ban due to administrative responsibility
So, we found out the reason for the ban and it was happened because the foreigner was brought to administrative responsibility several times in Russia. This can happen if a foreigner has been brought to administrative responsibility in Russia more than twice. This can be for a year or five years, depending on the administrative violation.
Administrative responsibility can arise for various reasons and in different areas of human activity. This is a violation of the law, but not a crime. For example, he smoked where smoking is not allowed, violated migration registration, bought registration, and so on.
Each situation will be individual. This is where we begin to work with the authorities. Most often, entry bans due to administrative liability are established by the Ministry of Internal Affairs. We will interact with him.
1.1 We write a statement to the Ministry of Internal Affairs
In the statement we write that we know the reason for the ban, we appeal to international and Russian law. (Below we will give you universal rules of law that you can refer to).
Important fact: We point out that the Chinese citizen has connections with Russia. (If there is one). This could be close relatives (children, wife, parents), real estate in Russia, study, work, and so on.
Then we indicate that the citizen paid all the fines that were punishment for an administrative violation and does not pose any threat to society and the state.
1.2 Administrative claim in court
If it is not possible to lift the entry ban using an application, then work begins in court. This is a more complex procedure that requires knowledge of procedural law.
The statement of claim is filed with the district court at the location of the authority. In many ways, the statement of claim repeats the statement to the authorities, only in more detail, more evidence and more references to the law.
The claim consists of several parts. It must be understandable to the court and describe the situation in detail.
Some advices for filing a claim:
- On the right side of the claim we write the name and address of the court, our details and the details of the defendant. You need identification data, first name, last name, patronymic if you have one, passport, phone number and email;
- The text itself can be divided into several parts. Description of the main facts, pleading and application;
- The main part of the claim is a description of our situation and our legal position;
- In the request part we indicate our requirements, and in the application we add documents that are important for the request. This may include a notice, a copy of a passport, a receipt, and so on.
For example, if there was a cancelled decision on bringing to administrative liability, then it must be indicated. Within three days after filing the claim, the judge decides whether to accept the claim for proceedings. If the claim is accepted, it is considered within two months.
Although in fact it takes all of 3–4 months. You can appeal the decision to a higher court within a month.
If the ban is lifted, then you need to wait a little. The Ministry of Internal Affairs database must be updated.
Universal rules of law that you can appeal
Since our situation occurred with a Chinese citizen, that is, a foreign citizen, we can use international and Russian law.
We will give you a list of useful articles of the law:
- “No one shall be subjected to arbitrary interference in his private or family life. Everyone has the right to the protection of the law against such interference or attacks.” -Article 12 of the UN Universal Declaration of Human Rights;
- “Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons.” – Article 35 of the Constitution of the Russian Federation;
- “Everyone has the right to education” – Article 43 of the Constitution of the Russian Federation;
Entry ban due to debt to the state
One of the most popular reasons for an entry ban is the occurrence of debt to the state. It is the debt to the state, because of a debt to a bank or another person, that no one can impose an entry ban.
A debt arises when a Chinese citizen forgets to pay a fine or owes something, such as a traffic fine or taxes. It often happens that a foreigner received a fine and did not even know about it, the deadline for payment has expired and the result is an entry ban.
In this situation everything is quite simple.
We are writing a request to the authorities. (Links above). Here is an example request. https://docs.google.com/document/d/1n0YFVt5rw7tge2b1ocmN8DPjp8hn5GDtRshVVDmPFkw/edit
You also need to attach a scan of your passport. In the request, we require you to provide details for paying the debt. The response period is up to 30 days.
After receiving the details, it is important to pay the fine. Without this, it will not be possible to lift the ban. We pay and save the receipt. You can pay through a Russian bank or online application.
Next, we write to the authority that we have paid the debt for this period and attach a scan of the passport, a receipt for payment and the response from the authority, where they write about the foreigner’s debt.
If the ban has been lifted, you should not move in immediately. You need to wait up to a month for the database to be updated.
Entry ban due to violation of period of stay
The law sets time limits for foreigners to stay in Russia. If you violate them, you may receive an entry ban.
Such deadlines are established by law. Foreign citizens can stay in Russia for 90 or 180 days. For violating the deadlines, they can receive an entry ban for three and five years.
There is often a situation where the Ministry of Internal Affairs may have made a mistake in migration documents or did not put a stamp indicating that a Chinese citizen left the country.
Any decision of the authority can be appealed. First, an application to the Ministry of Internal Affairs, then you can go to court.
In the statement we again describe our situation. As we have already said, it is very important whether a foreigner has a connection with Russia. Relatives, real estate, studies and so on.
This ban can also be lifted. In essence, this is the same administrative responsibility. We work according to the same instructions.
Undesirability of stay due to criminal record or illness
Undesirability of stay is a legal status established by the Ministry of Justice or Rospotrebnadzor. With this status, a Chinese citizen cannot be in Russia.
1.1 Criminal record of a Chinese citizen
A conviction occurs after a court decision that a foreigner is guilty of violating the Criminal Code of Russia. A criminal record has a period of time, it can expire, or be removed or expunged.
For having a criminal record in Russia, a foreigner may receive an entry ban. It is established by the penitentiary service. The foreigner’s goal in this case is to short the period of the ban, because often the authority establishes it without a period.
Here, an important legal document will be the order of the penitentiary service. When the criminal record ends, the validity of this document also ends.
The instructions for appealing are similar here. We work with the authorities, and if it doesn’t work out, then we go to court. We will give you an example of an administrative claim. https://drive.google.com/file/d/1wDBIuLArxChEfIl8oCENbeZoR9r-JxpR/view
As you can see, important positions in the claim may be that the foreigner is not dangerous to society and the state and society and has already suffered responsibility and has a connection with Russia.
In addition, if a foreigner’s criminal record is cleared by the court, the status of undesirable stay can also be removed. This also happens through the courts.
1.2 Undesirable stay due to illness
The illness of a Chinese citizen may be grounds for establishing the status of undesirable stay for him.
There is a list of such diseases:
- Tuberculosis, syphilis, drug addiction (The entry ban will be lifted upon recovery and if the foreigner has a document stating that he has recovered);
- HIV (It is necessary that the foreigner has close relatives on the territory of the Russian Federation – citizens of Russia).
As we see, there are two options. When a disease can be cured and when it cannot. Two different situations.
In cases where a disease can be cured, such as tuberculosis or syphilis, the Chinese citizen must be cured first. He must then obtain a medical certificate from a government agency in his country.
After this, Rospotrebnadzor will temporarily open entry into the country so that the foreigner can go to medical examination in Russia. He must confirm that he is healthy.
Doctors will confirm this fact and Rospotrebnadzor will remove the undesirability of your stay. If it doesn’t work out, then we go to court with a statement of claim.
We have a useful link with examples of documents on removing undesirable stay due to illness. https://drive.google.com/drive/folders/1fG7GkZztsqMQzDCQin86fYpofrOK_7pE
If a foreigner’s illness cannot be cured, then we follow the usual procedure. First, a request to Rospotrebnadzor describing our position, then work through the court.
It will be important whether the foreigner has a connection with Russia and whether he spread this disease in the country.
Entry ban from the FSB
One of the most difficult types of entry bans. Entry ban from the FSB with state secrets and the fact that the service has grounds that a foreigner is dangerous to the state and public security of Russia.
In this case you will also need the help of a lawyer. A specialist will help you submit a request to the FSB to find out the reason for the ban. In addition, the lawyer will participate in court hearings, because these are related to state secrets.
Our company has specialists with the status of a lawyer who can help Chinese citizens in this situation.
The ban from the FSB is really complicated. This is a less of information and a state secret. However, it is worth trying to work with this situation in court.
Entry ban in the Republic of Belarus
The question arises: What relation does Belarus have to the ban on entry into Russia?? It’s simple – Russia and Belarus have an international agreement on the implementation of entry bans.
If a Chinese citizen receives a ban on entry into Belarus, he will not be able to enter Russia. The grounds may be the same as in Russia. (fine, terms, administrative liability, illness, criminal record, and so on).
The difference is that in this case we start working with the authorities of the Republic of Belarus.
Follow the link and go to the services section. https://mvd.gov.by/ru Next, select “online services” and “check entry ban.”
As in Russia, the online service may not be updated and it would be better to write to the Ministry of Internal Affairs of Belarus. We write an official request in legal language. Here is an example: https://docs.google.com/document/d/1e7AduArqO7SpxtUF9wsaQF0bg_nBr019/
We can use the appeal system. We need the Department of Citizenship and Migration of the Republic of Belarus https://appeals.bel/
We are waiting for a response to your request. The response period is up to 30 days. When we find out the reason for the request, we begin work with the authority that imposed the entry ban.
If the ban is lifted in Belarus, and you need to go to Russia, you may also have to notify the Russian authorities about this.
Conclusion
Of course, recently we can note that the economic relationship between Russia and China is increasing. The number of Chinese citizens who want to study, work, and live in Russia is also growing.
An entry ban may surprise and interfere with the plans of foreigners. As we can see, the main reason for the entry ban is a lot. In such a situation, it is important to evaluate the chances and look at the issue from a legal point of view.
There are simple entry bans, and there are more complex ones. However, knowledge of migration law may be necessary everywhere. We have given you a lot of information, useful links and instructions. You can also contact us for help.