Amnesty for deported migrants

Amnesty for illegal migrants in Russia 2021 and will decree 274 be extended

If a visitor has overdue migration registration as of March 15, 2021, for example, was staying in the Russian Federation illegally, then it is also recommended to leave the country. Because if he comes to the GUVM, then there is a chance of fines, he may be banned from entering, a trial and administrative expulsion are also possible. You need to pay close attention to this; it’s better to leave the Russian Federation and try to legalize yourself. And if a foreign citizen was in the country illegally on March 15, then there is a chance that when he crosses the border, he will end up on a controlled list. Therefore, we emphasize once again that there is no legalization now. If a visitor appears at the Main Directorate for Migration of the Ministry of Internal Affairs of Russia, then administrative sanctions are likely against him.

Citizens of Kazakhstan and Kyrgyzstan are also interested in the issue discussed above. On March 15, decree No. 274 for representatives of these countries ended. For example, visitors are staying with migration registration as of March 15, 2021. In September and October, they came to the Russian Federation, did not draw up an employment contract, did not make a temporary residence permit, or residence permit. Then they will also be recognized as violators, and they must urgently leave the Russian Federation. This is important, because for Kazakhstanis and Kyrgyzstans they now have the right to apply an entry ban for violating the period of stay.

Amnesty and legalization are an agreement on practice between heads of state at the level of the Ministry of Internal Affairs. For example, in 2021, the Russian Federation and Kyrgyzstan entered into a similar agreement. It was valid for 3 weeks, and during this time the opportunity to legalize appeared. The information was published on the official websites of the departments, and many migrants took advantage of this and left. Two articles were included there - administrative fines and violation of terms of stay. There are no such agreements as of April 2021. Although political negotiations are regularly held on this topic between the Russian Federation, the CIS and other countries.

Let's consider the latest news and comments from lawyers about the amnesty for migrants in 2021 in Russia and whether there will be legalization. Also, visitors from Tajikistan, Uzbekistan, Kazakhstan, and Kyrgyzstan are interested in Decree 274, whether it has ceased to operate. We will also answer this question.

But now there are no such agreements or legalization. Therefore, if they say that a migrant will appear at the Ministry of Internal Affairs and there will be an amnesty, or that air traffic has been resumed since April 1 and those who were expelled (prohibited persons) can enter Russia, then this is not so. When a visitor is outside the Russian Federation and is added to the control list in the database, a judicial expulsion has taken place, then he will not enter the country. It is necessary to officially lift the restriction or wait until the deadline has passed. If a foreigner lives on the territory of the Russian Federation with a ban or administrative expulsion, you can try to appeal. Or wait until the decree expires and leave. Because otherwise he might be forced to leave Russia. Such violations are fraught with the fact that the illegal migrant will be expelled from the country.

Under the 2021 amnesty, timed to coincide with the 72nd anniversary of the Great Victory, persons with suspended sentences will be released from punishment. It is worth noting who will not be affected by the pardon. This applies to citizens who have committed crimes of particular gravity (murder, sexual harassment, kidnapping, terrorism, treason), as well as fraudsters and prisoners who have committed crimes of an economic nature.

But there have been changes regarding how entry into the country will be carried out for such migrants. There has been a noticeable tightening. If a migrant has lived illegally in Russia for a long time, he will be deported, and the ban on entry in the future will be not 5, but 10 years. Thanks to this measure, the authorities expect to ensure mass legalization of citizens who came to the country for work purposes, for example, citizens of Armenia, Kazakhstan, and so on.

Good afternoon Two points in the amnesty mechanism are not entirely clear... 1) written requests must be written, that is, by mail, or electronically, too, and what is the time frame for their consideration and response 2) from what date can these be taken and sent? requests so that people meet deadlines

More information will emerge once the bill is confirmed. Moreover, it is reliably known that after this, all “illegal immigrants” will be required to undergo a number of procedures that will allow them to organize and streamline documents about work, location, and so on.

persons with a first conviction;
pregnant women, as well as citizens who have minor children;
convicts aged 50-55 years (pensioners);
disabled people of groups 1 and 2;
persons suffering from serious illnesses;
military personnel serving a sentence of up to 5 years.

Amnesty for Tajiks 2021

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pass the appropriate medical commission;
pass a Russian language test;
take out an insurance policy;
implement translation of personal documents into Russian;
submit documentation for obtaining a patent necessary for the employment of foreigners in the Russian Federation.

Travel outside the Russian Federation within the specified time frame. At the same time, the Ministry of Internal Affairs will not interfere with border crossing.
Submit an application requesting the lifting of the ban on entry into the Russian Federation.
Return to Russia.
Pay an administrative fine for illegal stay in the country.
Register with the Main Migration Department of the Ministry of Internal Affairs and fill out the migration form again.
Do not violate immigration laws in the future.

Their stay in the country was violated, but there were no serious problems with the law, the court did not convict them. In addition, two more categories of persons are included in the amnesty: those who were denied entry for two violations, and those who were denied entry for an identified violation of the conditions of stay,” Kozhenov explained. Note. The visa is issued on a paid basis.

Important!

The amnesty does not apply to citizens of Tajikistan who have been banned from entering the Russian Federation for other offenses (for example, a foreigner does not have the right to enter the Russian Federation if he has an unexpunged or unexpunged conviction for committing an intentional crime on the territory of the Russian Federation, etc.) . In other words, all Tajiks with an entry ban who could be covered by the 2021 amnesty have already been automatically allowed entry into the Russian Federation.

Most citizens of Tajikistan will be able to obtain citizenship in a simplified manner in 2021. Some through legal means, due to origin or connections with Russia, others through training programs and fictitious marriages, but there will still be those who cannot find grounds for this.

In accordance with the federal legislation of the Russian Federation, all foreign citizens arriving in Russia must comply with the established rules for entry and stay in the country. Compliance with laws is also an obligation. If various penalties for administrative offenses are applied to Russian citizens (fines, arrest for up to fifteen days, and so on), then foreigners face deportation. It is accompanied by a ban on entry for a certain period.

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Citizens of Tajikistan legally residing in Russia have the right to move freely and choose a place of residence within the territory of the country. Please note that the temporary registration mark is valid within one area. When moving to another region, you must deregister and go through the entire registration process in the new place. A foreigner can personally familiarize himself with personal data entered into the database of the Main Directorate for Migration of the Ministry of Internal Affairs, which is also protected as the data of Russian citizens. If a foreigner finds errors in them, he can demand their correction. Tajiks also have the right to receive personal certificates from the appropriate authority.

The decree of June 17, 2014 determines that citizens of Tajikistan will enter and leave Russia only with foreign, service, diplomatic passports, a sailor’s passport and a certificate of return to the Republic of Tajikistan, ITAR-TASS reports.

In 2015, a law came into force that introduced serious changes to the procedure for obtaining a patent for work. The law developed by the Federal Migration Service (FMS) amended the law “On the Legal Status of Foreign Citizens in the Russian Federation.” Let’s consider the main changes. Firstly, the work permit was replaced by a patent - this is one of the most serious changes. We remind you that previously a patent and a work permit were two completely different documents.

Migration amnesty stalled

The need to forgive “involuntarily illegal immigrants” is spoken of in the resolution of the International Conference “Immigration Amnesty as a Mechanism for Solving Russia’s Demographic Problems.” It was organized within the framework of the project of the Forum of Migrant Organizations (FPO) “Right to the Motherland”, for which a presidential grant was received, together with the Institute of Demographic Research of the Russian Academy of Sciences and the Institute of CIS Countries.

In such situations, human rights activists remind, other countries carry out status regulation, that is, a kind of amnesty, as “an alternative and effective way to combat illegal migration.” In Russia, they prefer to use forceful measures to influence visitors, such as administrative bans and tightening the procedure for registering for migration. At the same time, human rights activists are convinced that the majority of illegal immigrants could be amnestied within the framework of existing legislation, but this requires political will.

The head of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs, Valentina Kazakova, previously did not exclude the possibility of pardoning illegal immigrants. Photo by RIA Novosti

The amnesty, according to Dokuchaeva, is expected to be extended to several categories of migrants. For example, these are migrants - former citizens of the USSR and their descendants who lived in Russia for five years, who became illegal immigrants due to imperfect legislation or due to difficult life circumstances. They must obtain a residence permit (residence permit) or citizenship in a simplified manner. Those who have been in the Russian Federation for more than three months are offered to be issued a temporary residence permit (TRP) without taking into account quotas.

Another category of amnesty recipients could be labor migrants brought out of the shadows, who, as Dokuchaeva explained, should be able to leave the Russian Federation without fines and further prohibitions in order to return here to continue working. The resolution states this as follows: “Stateless persons and foreign citizens from former member states of the USSR who legally entered Russia to carry out work activities and violated their period of stay, including those who committed minor offenses for which they are subject to deportation, are given the opportunity to legally stay in Russia. During the period of consideration of appeals, exclude their prosecution for violation of the legal status regimes and the procedure for carrying out labor activities in the Russian Federation.”

Amnesty of Tajikistan 2021 June

Dilshod Juraev suggested that there is a possibility that the amnesty will be applied to convicted lawyers Buzurgmehr Yorov and Nuriddin Makhkamov - their sentences will most likely be reduced. But the nuance of the amnesty is that the convicted fully admit their guilt for the crimes charged.

The main condition is to meet the requirements that fall under the program update. If the Ministry of Internal Affairs has no questions, the foreigner can apply for relief; he needs to have time to leave the country within the time frame regulated by regulations.

If under normal conditions undeclared income is subject to taxation with all subsequent additional charges and penalties, then within the framework of the capital amnesty the applicant is provided with benefits. In particular, the authorities guarantee immunity from tax, administrative and even criminal liability for certain offenses.

It is he who regulates the provisions regarding the preparation of documentation giving the right to enter the territory of the country. Deputy Minister of Internal Affairs Ikrom Umarzoda noted that the amendments provide for the release from liability of all foreigners and stateless persons who are in Tajikistan illegally, but are of a one-time nature.

Is this expectation of pardon from the state legitimate and should citizens hope for the state’s leniency in the sphere of criminal and economic law? We will tell you whether there will be an amnesty in this article. Most ordinary people call the described procedure an act of mercy, although in reality this is absolutely not the case.

In some cases, he is allowed to visit her after the expiration of the ban established by the legislator. The standard is intended to be applied if a citizen of another state has committed a criminal act on the territory of his country or the Russian state.

In accordance with the norms of legislative acts, an entry ban is imposed for various reasons. Their expanded list is laid down in the regulations of Federal Law No. 114-FZ, Government Resolution No. 12. They provide for the procedure for applying the measure and explain the rules for lifting the ban.

The regulations of Chapter 26 of the Federal Law “On the Procedure for Exit and Entry into the Russian Federation” regulate issues regarding the preparation and issuance of documents allowing foreign citizens and stateless persons to enter the territory of the Russian Federation, move freely within it and leave it after some time. The act was issued by the legislator under number 114-FZ.

The above-mentioned persons have the opportunity to obtain permission to stay on the territory of the Russian state for 90 calendar days and register with migration authorities . In addition, they can apply for forgiveness for the provision of a temporary residence quota, that is, a temporary residence permit.

In addition, Tajiks must undergo a fingerprinting procedure, which involves submitting fingerprints for personal identification. Citizens can submit a forgiveness to the representative office of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation, located on the territory of Tajikistan, if they are located within the republic.

Every year, Kyrgyz passport holders send about two billion US dollars home, which is comparable to the size of the entire budget of the Asian state. Unfortunately, the lion's share of migrants are in Russia illegally and risk being blacklisted. It is these migrant workers who count on regular migration pardons from the Russian authorities.

Emigrants who were deported from the country due to serious and harmful offenses and who have an outstanding criminal record cannot be eligible for amnesty, and they must wait until the end of the embargo on crossing the border of the Russian Federation.

The portal reports that there is no law or government regulation on this issue, which could be referred to if necessary, and is not planned. The amnesty will be carried out on the basis of an internal order of the Russian Ministry of Internal Affairs. There is also no information on this matter on the website of the Ministry of Internal Affairs. Information had to be collected from various sources in the Main Directorate for Migration of the Ministry of Internal Affairs of Russia.

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Of course, not all categories of convicts can receive such a unique gift - most often we are talking about people who have committed “light” crimes. Most of these individuals, as well as their families, want to know whether they should hope for a similar outcome next year. So, in order to understand whether there will be an amnesty in 2021 or not, it is worth studying this issue more carefully at the legislative level.

An amnesty for the Kyrgyz people was announced as part of the agreements between the countries. Its validity period was extended at the request of the Kyrgyz side. Thus, the government of the republic calls on its compatriots to legalize their stay in the Russian Federation, when this can be done without difficulties despite violations of the stay regime.

legal regulation of combating illegal migration;
rules on the extent of liability of foreign citizens for violation of the period of stay, rules of stay and residence on the territory of the Russian state;
systems of state control over the behavior of foreign citizens who are in the country.

The main reason for holding the migration amnesty was the meeting of the heads of state of Russia and Tajikistan. It was noted that most of the citizens from the southern country live in the Russian Federation on an illegal basis. This negatively affects all participants in legal relations. In this regard, it is necessary to give people who have violated certain norms a chance to restore their status.

We are trying to include on the amnesty list all compatriots who were expelled for petty and insignificant offenses,” Ibrohim Ahmadi, press secretary of the representative office of the Migration Service of the Ministry of Labor, Migration and Employment of the Population of Tajikistan in Russia, said on June 1 in an interview with Radio Ozodi.

Who will be affected by the 2021 migration amnesty?

The Federal Migration Service has not yet provided accurate information on how exactly the amnesty will be carried out, because its dates have once again been postponed. The need for a postponement arose due to the fact that the bill needed to be finalized, and the legalization of guest workers should be carried out outside the state of their documents.

Citizens of visa-free countries must, as before, apply for patents for legal employment. But until June 15, he can make or re-issue a labor document, regardless of what purpose of the visit is indicated on the migration card. Also, the migration authorities will not take into account the requirements for the deadline for submitting documents.

Which category of citizens can hope for amnesty in 2018?

Despite the fact that no precise information has yet been received, human rights activists have already made assumptions about which categories of citizens, in the event of an amnesty, will be able to be released.

Citizens who were imprisoned for committing serious and especially cruel crimes cannot be released under an amnesty. They can only count on early release for good behavior, and only after serving 2/3 of the assigned sentence. That is why, if such a bill is adopted, the following categories of citizens may be released in 2021:

those who were convicted on light charges;
women who have small children;
pregnant women;
teenagers who are not yet 18 years old;
citizens who have I and II disability groups;
participants in combat operations in Afghanistan and Chechnya;
participants in the liquidation of the accident at the Chernobyl nuclear power plant;
those citizens who have distinguished themselves and have services to their Motherland.

Moreover, amnesty does not always imply release. Thanks to it, additional punishment can be mitigated or cancelled, and the article can be replaced.

Amnesty for illegal immigrants - a dead end in migration policy

Polite eastern intellectuals, nurtured by the Soviet era, who once made up the first echelon of labor migrants in the nineties, are a thing of the past. They are already over forty, or even over fifty or sixty, and they don’t have much luck on the labor market. A modern migrant is 18-30 years old. His childhood and youth occurred in the era of the sovereignty of his native country, with all that it entailed - ignorance of the Russian language, a biased attitude towards Russia and Russian culture as such, instilled in the national school. And there are millions of such people in Russia. Those who do not integrate into Russian society at all, who do not even want to learn the Russian language (which has been repeatedly written about in the media), but at the same time they are determined to stay in our country for a long time. A huge portion of migrants are here illegally. And it is foolish to expect that an “amnesty for migrants” will awaken in the latter responsibility to Russia and force them to officially find a job and pay taxes to the Russian budget. Most likely, illegal immigrants will only be convinced that the state has “fucked up” and will act as they please, only counting on complete impunity.

The Union of Political Emigrants of Ukraine proposes a migration amnesty in Russia

This became especially acute in 2014, when millions of Ukrainians were forced to leave the country after the victory of Euromaidan and the outbreak of the civil war in Donbass. Many fled to Russia, but obtaining a residence permit or Russian citizenship turned out to be quite difficult for them. The updated concept of the migration policy of the Russian Federation gives reason to hope that these problems will decrease, but so far no significant improvements have been observed. This was stated by the head of the Union of Political Emigrants and Political Prisoners of Ukraine Larisa Shesler , speaking at a press conference on migration issues as part of the special project “Ukrainian Dossier” of the editorial office of the publication Ukraina.ru.

During the discussion, some participants compared the conditions in which Russians and Russian-speaking people who came to the Russian Federation from the former Soviet republics find themselves, and people returning to their historical homeland in Germany or Israel. Comparisons were not always in Russia's favor. Larisa Shesler noted that in fact, Russia has more obligations to its compatriots than, for example, Germany, Israel or Poland have to theirs.

“If only because the Germans who lived in the Volga region moved 300 years ago, or the Jews who lived in the Urals, they were not part of Germany, part of Israel. Those Russians who developed Novorossiya, built Odessa, or those Russians who went to Tajikistan to teach children there, or to Kazakhstan to develop virgin lands there - they expanded real Russia to new and new borders, they were part of Russia. And it’s not their fault that their descendants were thrown outside the borders of greater Russia,” she said.

Larisa Shesler: Russian legislation dooms Ukrainian refugees to certain death

Andrey Lubensky

According to Shesler, “responsibility to the descendants of those Russians who mastered a large space should give the next generation a signal that if you serve Russia, then your descendants will never be outcasts in this country.”

She added that so far the descendants of those people who mastered greater Russia - the Soviet Union, the Russian Empire - have not seen the political will to give such a signal and accept responsibility for them. But the situation is changing.

“This political will is now declared in the updated migration concept,” Shesler said.

According to her, the main idea of all previous concepts was that “we don’t need anyone - neither Russians, nor Koreans, nor Tajiks, nor Uzbeks.”

“On the territory of the Russian Federation, the idea prevailed that obtaining Russian citizenship was the same reward as, for example, obtaining American or Canadian citizenship; to obtain it you had to climb over the fence and through barbed wire, skinning your knees until they bled,” she noted.

Shesler emphasized that all those who came to Russia in 2014 and later could see this. And although at that time “there were many wonderful declarations,” but, alas, “the statistics themselves indicate that no relief occurred.”

“In 2021, 250 thousand citizens of all countries received Russian citizenship, of which about 80 thousand are citizens of Ukraine. Compare with the millions who came here, who would like to receive a Russian passport, this is generally an insignificant figure,” said the head of the Union of Political Emigrants of Ukraine, adding that this year there has been no significant improvement.

But there are absolutely catastrophic cases, according to her, when Ukrainians are denied entry into the Russian Federation. Shesler cited figures: according to the migration service, in 2021 the number of those who are prohibited from entering the territory of the Russian Federation has doubled - “and they are all victims of this 90 to 180 migration law” (the 90-day rule was introduced in January 2014 year: citizens of states with which Russia has a visa-free regime can stay inside the country for a total of 90 days out of 180. - Ed.).

At the same time, it is almost impossible to lift the entry ban; there is no body that could do this, she emphasized.

“In general, I have a blatant case when a child is in Moscow, the mother went to Lugansk for three days, and for 8 months she has not been able to enter here... And the 10-year-old child is in Moscow, in the Moscow region, and the mother is in Lugansk, cannot enter,” said the head of the Union of Political Emigrants, adding that there are tens of thousands of such cases.

Neither here nor there: How Ukrainian refugees are trying to obtain Russian citizenship - RIA Novosti

RIA Novosti, Alexey Malgavko / Go to photobank

According to Larisa Shesler, this problem can only be solved by a migration amnesty - it “will eliminate the possibility of denying entry to such people.”

The idea of holding a migration amnesty for migrants from Ukraine is supported by the Russian State Duma Committee on CIS Affairs, Eurasian Integration and Relations with Compatriots. Moreover, as Konstantin Zatulin , a corresponding proposal has been sent (among others) for inclusion in the Action Plan for the implementation of the Concept of State Policy of the Russian Federation for 2019-2025 gg.

According to the deputy, the essence of the “amnesty” (it is not officially called that in the documents) is to make it easier for refugees from Ukraine to obtain a residence permit, as well as Russian citizenship. In addition, it is proposed to support in the State Duma a bill on introducing amendments to the laws “On the Legal Status of Foreign Citizens in the Russian Federation” and “On Citizenship of the Russian Federation”, which will allow citizens of Ukraine to extend their temporary stay in Russia without leaving the territory of Russia.

Zatulin positively assessed the fact that the president signed the updated Concept of Migration Policy, since now there is no reason to slow down the adoption of the necessary measures to improve migration policy under the pretext that the concept has not been updated. However, the document itself, according to him, needs to be improved.

on October 31, 2021, President of the Russian Federation Vladimir Putin The document is aimed at creating more comfortable conditions for the resettlement of compatriots from abroad to Russia and reducing bureaucratic barriers.

The Ministry of Internal Affairs is developing a bill on the legalization of illegal migrants

“The bill will determine the procedure and conditions for the stay of foreign citizens and stateless persons who find themselves in special circumstances... It is proposed to consolidate the opportunity of all persons who are in the Russian Federation on the date of entry into force of the new federal law in violation of established requirements in the field of migration, to regulate their legal status in for a certain period of time,” says the response of the Ministry of Internal Affairs of the Russian Federation to the request.

The agency noted that in Russia there is no institution of “migration amnesty.” However, the law makes it possible for some categories of foreigners to legalize their situation in the country. For example, migrants can appeal to the president. Simplified acquisition of citizenship is provided for categories of migrants who have been in Russia illegally for a long time. They are not brought to administrative responsibility.

The Russian Ministry of Internal Affairs is developing a bill to simplify the legalization of illegal migrants who find themselves “in special circumstances.” They will not be punished for violating migration laws, and previously adopted sanctions will be cancelled, TASS reports. The agency claims that the concept of the bill has been approved by the government.

Earlier, the Ministry of Internal Affairs announced the creation of a unified information platform for registering foreign citizens, which will allow migrants to receive government services electronically. The department also developed a bill providing for the creation of two digital registers - for foreign citizens and for their employers. Companies that hire foreign labor will be required to register with the system.

Migration amnesty for citizens of Tajikistan

Not long ago, the next IV Interparliamentary Forum took place between the Russian Federation and the Republic of Tajikistan. Russia is a strategic partner for Tajikistan. A large number of the working-age population of Tajikistan works in Russia, on a permanent basis or temporarily. Also, Russia is a major trading partner of Tajikistan and one of the largest consumers of agricultural products. Thus, it is important for Tajikistan to maintain normal, partnership relations with the Russian Federation.

In addition to working people, there are also citizens of Tajikistan with families. We are also familiar with such situations when a citizen of Tajikistan is prohibited from entering Russia and he is forced to stay illegally on Russian territory, since his children and wife, who are Russian citizens, are here. It should be noted that another problem arises from this situation, namely the preservation and full functioning of the family as a unit of society. For objective reasons, such marriages are often not registered; the child’s father is not indicated on the birth certificate. As a result, there is no full-fledged family, family relationships are not registered, and children do not actually grow up in a complete family. The above facts have consequences in the future, since such families also influence the structure of society in the future.

There is a migration amnesty for citizens of Tajikistan in April 2021

Persons who have lost the right to stay in the country are included in the so-called “black list”, which is subject to preservation by the Federal Migration Service. As a rule, foreign citizens are expelled from the Russian Federation on the basis of Article 26 of the above-mentioned act. They are subject to deportation for committing offenses directly related to the rules of stay in the country.

Dushanbe, March 21, 2021, 08:53 — REGNUM

The government of Tajikistan proposed that Moscow consider the possibility of holding another localization and amnesty for citizens of the republic who are in an illegal situation and who are prohibited from entering Russia.
Prime Minister of Tajikistan Kohir Rasulzoda , reports the Avesta publication.
In addition, Tajiks must undergo a fingerprinting procedure, which involves submitting fingerprints for personal identification. Citizens can submit a forgiveness to the representative office of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation, located on the territory of Tajikistan, if they are located within the republic.

Thus, changes were made to the resolution adopted 10 years ago. This decree allowed foreigners to arrive in Russia on the basis of an internal passport and even a birth certificate. According to the authorities, now crossing the state border will be “more civilized.” There are no plans to introduce visas for citizens of Tajikistan.

Answer:

This measure is mandatory, because it legalizes the stay of a Tajik on the territory of the Russian Federation for a certain period. This will further allow him to obtain a patent for work, officially find a job, and then apply for a compulsory medical insurance policy. In addition, he will be able to use the services of banks, for example, to obtain a loan.