An entry ban is an administrative procedure that is established for foreign citizens if the state has grounds for this.
In the article we will tell you what an entry ban is, what the grounds are, and we will give instructions on how to legally appeal and lift the entry ban.
Our specialists can also help you lift the entry ban. We have extensive experience and many positive reviews, which you can read in our chat.
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Legal entry ban
Since the entry ban is a relationship between a foreign citizen and the Russian Federation, international law may apply here.
Every person has the right to move freely and choose his place of residence within each state” – UN Convention of Human Rights and Freedoms.
Now let’s turn to the laws of Russia. From the point of view of Russian legislation, this is an administrative procedure that is established by the government of the Russian Federation if a foreign citizen has violated the law of the country. An entry ban is established for a period or indefinitely and means that during this period a foreigner will not be able to enter Russia.
Deportation is the forced expulsion of a foreigner from the country due to the loss of legal grounds for residence in the Russian Federation.
The entry ban is regulated by Federal Law No. 114 “On the procedure for exit and entry into the Russian Federation.” The law provides all the grounds and terms for these legal relations.
Below we will give a list of reasons. If you see these points in the entry ban notice, you can determine the reason.
- part 4. Article 26, part 8. Article 26, paragraph 12 and part 13 of Article 27 – Administrative offense by a foreign citizen.
- Clause 10. Part 1. Article 27 – debt to the state
- Clause 7, Part 1, Article 27 – Entry ban due to illness
- Clause 7 part 1. Article 27 – established by the Ministry of Justice if the foreigner had a criminal conviction in the Russian Federation.
Ways to find out about an entry ban
As a rule, an entry ban comes as a surprise to a foreign citizen. Quite often the situation is when a foreigner arrives at the border and an employee here informs him that there is an entry ban or issues a notification.
A travel ban notice contains the clause of law, the authority that imposed the ban and the date. However, this is the simplest option; most often there is little information and a foreigner needs to look for everything himself.
To do this you need to take the following steps.
We go to the website of the Ministry of Internal Affairs and select “Checking the existence of grounds for not allowing foreign citizens to enter the territory of the Russian Federation”
Next, fill out the form and see the result. https://services.guvm.mvd.rf/?sid=3000
However, the database cannot always provide information. This happens if the ban was imposed by another government authority or the database takes a long time to update.
In this case, you must write a request to find out the reason for the entry ban. The request must be sent to the Ministry of Internal Affairs or to the authority below from the list.
- Ministry of Internal Affairs https://мвд.рф/request_main
- 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/
The request must contain information about the applicant, a description of your situation, a request for information, and contact information for a response. The deadline for responding to a request is established by law and is 30 days.
In response to the request, the authority will write the number of the article of the law. Use our table we gave above to understand the reason for the ban.
Types of entry bans
Now let’s talk about the grounds for establishing an entry ban. We will tell you about common reasons for an entry ban and provide instructions for appealing.
Debt to the state
This is one of the first most popular types of entry ban. And as a rule, a foreigner unexpectedly receives an entry ban and does not understand why.
The whole point is that the foreigner had a debt to the state, and he did not pay it. The peculiarity is that the entry ban may only be due to debt to the state. If a foreigner has a debt to a bank, then there cannot be an entry ban.
Debt to the state includes fines, utility debts, and taxes. Often foreigners receive a fine for violating traffic rules and do not even know that they received it, because cameras automatically record the violation.
If a foreigner finds out that the reason for the entry ban is debt to the state, then such a ban can be appealed and lifted.
The solution is quite simple, the foreigner must pay a fine and write about it to the authorities.
However, first you need to find out the details. To do this, you need to write a request to one of the authorities about which we wrote above.
We will give you an example request.
A scan of your passport must be attached to your request.
Next, you need to pay the fine according to the details. This can be done through a Russian bank or an online application.
After this, you must send a notification to the authorities that the foreigner has paid the fine. In the notification we write:
- Contact details;
- Demands to lift the entry ban because the fine has been paid;
- We attach a receipt for payment and a scan of your passport.
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
An entry ban due to violation of the period of stay is one of the types of administrative liability.
When a foreigner comes to Russia, he issues a migration card and the authorities constantly check the length of stay in the country. The law sets deadlines of 90 and 180 days; violation of such deadlines means a ban on entry.
Such a ban may be established by the Ministry of Internal Affairs. It is with this authority that we will work.
An appeal against such a ban takes place in several stages.
- Application to the Ministry of Internal Affairs;
- Administrative claim in court.
A lawsuit is filed if the Ministry of Internal Affairs refused to lift the entry ban after sending the application.
1.1. Application 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).
There may also be several facts that will help lift the entry ban.
- Close relatives in Russia. (Wife, children, parents);
- Study in Russia;
- Real estate or business in Russia;
- Any other legal and economic connection with Russia will be a plus in the application;
- A foreigner does not pose a danger to Russia.
The application must describe the situation and indicate the request to lift the entry ban.
Universal rules of law
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;
You can write these rules of law in a statement to the authorities or a statement of claim to the court. If you contact a specialist, he will find more specific rules of Russian law.
1.2. Administrative claim in court
If the government authority refuses to lift the entry ban, then we file a statement of claim in court. This is a more complex procedure for appealing an entry ban.
The statement of claim is filed with the district court at the location of the authority. The statement of claim has more nuances, more references to the law.
We will also give some advices on writing a statement of 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 the documents that are needed for the request. This could be a notice, a copy of a passport, a receipt, and so on.
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. As a rule, this happens within 3–4 months.
You can appeal the court decision to the appellate court. This can be done within a month after the decision was made by the first court.
Appeals through authorities and courts can be applied to all types of entry bans. Therefore, this instruction will be universal.
Ban due to administrative offense
If a foreigner has been brought to administrative responsibility in Russia several times, the authorities may impose an entry ban.
Administrative liability is one of the types of legal liability in Russia. An administrative offense, perhaps, in different areas of a person’s life. This includes violation of the migration regime, violation of traffic rules and smoking in public places.
The procedure for appeal will be the same. First, an application to the authorities, then, if necessary, an administrative claim to the court. It is necessary to provide evidence and describe the foreigner’s connection with Russia. In practice, authorities and courts look at such a connection.
If the ban has been lifted, then you should not enter immediately. You need to wait until the database is updated.
Undesirable stay
An entry ban may be imposed due to the undesirability of staying in Russia. This is a special legal regime that is established by an authority due to a criminal record or illness.
Such a ban can be lifted or reduced. Each situation is individual and must be evaluated.
Illness of a foreign citizen
In this situation, the undesirability of stay and the ban on entry are established by Rospotrebnadzor. There is a list of diseases for which entry into Russia is prohibited. Among them there are curable and incurable.
- 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).
The ban on diseases from the first point can be lifted. To do this, the foreigner must undergo treatment and receive a medical certificate of recovery in his home country.
After this, the authorities will temporarily open entry into Russia to confirm the fact of recovery. To do this, you need to write an application to Rospotrebnadzor, attach documents and undergo a medical examination in Russia.
We can provide a useful link with examples of documents on the removal of undesirable stay due to illness. https://drive.google.com/drive/folders/1fG7GkZztsqMQzDCQin86fYpofrOK_7pE
The situation with incurable diseases is more complicated. You can appeal an entry ban through an application and court confirmation of the foreigner’s connection with Russia. (Family, work, study, real estate).
Criminal record of a foreign citizen
A criminal record means that a foreign citizen violated the Criminal Code of Russia and was found guilty by a court decision.
The entry ban is established by the Russian Penitentiary Service. A foreigner can try to shorten the period of the ban, because often the authorities impose it without a period.
The period of the ban can be reduced by the length of the criminal record. To do this, you must have an order from the penitentiary service.
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.
It will be important that the foreigner has a connection with Russia, does not pose a public danger, and the punishment against him was carried out.
Entry ban from security service
The Federal Security Service may impose an entry ban if it has grounds that a foreigner is dangerous to public and state security.
This is a rather complex type of entry ban for several reasons.
- State secret. The reason for the ban will be a secret, only a lawyer can find out.
- The assistance of a lawyer is required to write a request and participate in court hearings.
Our company has specialists with the status of a lawyer who can help in this situation.
Entry ban in the Republic of Belarus
Russia and Belarus have an international agreement to enforce entry bans. This means that if a foreign citizen received an entry ban in one country, it will be enforced in another.
The legal grounds for the ban are the same as in Russia. This is administrative responsibility, illness, criminal record, violation of terms of stay.
Such a ban can also be appealed, for this we are starting to work 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.
Next, everything is according to our standard instructions, we collect evidence, write a legal position and send an application
If the ban is lifted in Belarus, and you need to get to Russia, you may also have to notify the Russian authorities about this.
Conclusion
Lifting an entry ban is a rather complicated legal procedure. As a rule, foreigners experience difficulties in the following situations.
- Find out the entry ban, understand the reason.
- Find out the authority and region of the ban.
- Write a statement demanding the ban be lifted.
- Legal position and description of the situation.
- Appeal in court.
We have given detailed instructions on how to appeal an entry ban. However, if difficulties arise, we recommend contacting a lawyer professional in this field.