Lifting of the Entry Ban

Lifting the Ban on Entry into the Russian Federation: Legal Framework and Grounds

    One of the recent challenges for foreigners has been the lifting of the ban on entry into Russia. Following the latest changes in the law, a record number of foreigners—including those working and residing in Russia temporarily under a Temporary Residence Permit (TRP) and even those with permanent residence permits in the Russian Federation—have been expelled from the country.

 

According to federal law (specifically Federal Law No. 114), a ban on entry into the Russian Federation or a decision to deny entry to stateless persons and foreign nationals is imposed in the following cases: 

If, upon crossing the border of our country, the rules established by law—such as customs or health regulations—are violated. In this case, the ban on entry into the Russian Federation remains in effect until the violations are rectified. 

1. When the individuals provided personal details and information about the purpose of their visit that they knew to be false.

2. The ban on entry into Russia applies to individuals who have been held administratively liable under Russian law on multiple occasions. The duration of such a ban on entry into the Russian Federation is three years. The period begins on the date the decision takes effect.

3. If, during a previous stay in Russia, a foreign national failed to leave the country within the specified time frame—that is, within one month (thirty days) after the ban’s expiration—the entry ban for this category of individuals into Russia lasts for three years.

4. Failure to submit two consecutive residence permit notifications may result in the foreign national losing their residence permit; if they fail to leave the country, they may be deported.

5. Failure to submit the temporary residence permit (TRP) notification; in this case, trouble is also inevitable. This may result in the revocation of the TRP and the possibility of being barred from entering the country.

More often than not, a foreign national is unaware that they are in the country illegally—that they are subject to an entry ban into the Russian Federation and that their temporary residence permit has been revoked. So how can you check whether you’re subject to an entry ban? It’s easy to do so by visiting the website of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs. The site provides comprehensive information: checking for an entry ban won’t take much time or effort. 

However, the immigration service’s website is not always a reliable source of information. It’s also very common for the Migration Service’s website to fail to indicate that a foreign national has already been added to the database of those with outstanding fines. As a result, you might go to great lengths to ensure that everything is in order regarding your stay in Russia, only to find that the reality is quite the opposite. A more reliable option would be to consult a migration lawyer in person.

 

Lifting a Ban on Entry into the Russian Federation: Procedures and Methods.

How to lift a ban is a question that concerns many people. Today, there are only two legally established ways to lift a ban on entry: 

• Lifting a Ban on Entry Through Administrative Proceedings
• Lifting a Ban on Entry Through the Courts 

More details about each of them follow:

Lifting the Ban on Entry into the Russian Federation Through Administrative Procedures.

To initiate this process, you must contact the UVM division of the Ministry of Internal Affairs. You may proceed either on your own or through an official representative. An immigration lawyer must submit a request to the Ministry of Internal Affairs. This document entitles you to find out: the reason for the current ban on entry into the Russian Federation; and which regional authority imposed the ban on entry into Russia—whether it was the UVM of a specific constituent entity (republic, oblast, krai), the city of St. Petersburg, the capital, etc. 

Once all the necessary information has been obtained, a complaint (official statement) should be filed, which will serve as the basis for lifting the ban. The document must specify the grounds for the ban on entry into Russia and list the reasons for permanently lifting the ban on entry into the Russian Federation. 

The Most Relevant and Effective Grounds for Lifting a Ban on Entry into the Russian Federation

The first and most effective reason is having relatives who are permanent residents of the country and, of course, Russian citizens. How can the ban be lifted in other ways? 

To prove that it is impossible to leave the Russian Federation due to urgent medical treatment, a serious illness, or the death of a relative. 

Cite the occurrence of so-called force majeure as grounds for lifting the entry ban. In legal scholarship, the concept does not have a clearly defined definition, but it implies various natural factors (hurricanes, earthquakes, etc.), as well as certain social events (military actions, civil unrest, etc.). 

These two points apply in cases where the applicant has not left the country within the specified time limit.  

 

Lift the entry ban through the court.

If officers of the Ministry of Internal Affairs’ Migration Service draw up a report for certain violations and forward it to court, the most common basis for the deportation of foreign nationals is Article 18.8, Part 3, of the Code of Administrative Offenses, under which foreign nationals in Moscow are required to pay a fine of 5,000 rubles and leave Russian territory within 5 days. Resolving the issue of deportation on one’s own is complicated by many factors, so it is advisable to consult a lawyer at our firm, who specializes in administrative immigration cases and can competently draft an appeal (cassation appeal), prepare the necessary motions and other documents, and challenge the verdict.

It can be said with certainty that, in any situation, the court requires mitigating factors that could influence the course of the case and, consequently, the lifting of the ban on entry into Russia.

Mitigating circumstances may include:

• The presence of close relatives residing in Russia who are citizens of the Russian Federation.
• A work permit and engagement in legal employment
• A permanent residence permit in a constituent entity of the Russian Federation.
• A serious illness requiring immediate medical intervention
• Enrollment in a public educational institution