Cancellation of administrative expulsion from Russia

Cancellation of deportation from Russia is one of the most popular reasons for contacting a qualified migration lawyer. There can be many reasons for such an administrative procedure: from violating the rules of stay in the country to committing offenses and crimes. How can a deportation be reversed, in what situations can one count on success, what are the deadlines for considering an appeal and what should a foreign citizen do first, the professional lawyers of our company will answer.

From a legal point of view, deportation from the country is a controlled and forced eviction from the Russian Federation of persons to whom administrative punishment has been applied. In some cases, a court decision stipulates that a foreign citizen must leave the country on his own. Both situations have the same consequences, and they can only be resolved in court.

The reasons and procedure for deportation from Russia are specified in Article 3.10 of the Code of Administrative Offenses of the Russian Federation. The grounds for the application of such sanctions may be illegal labor activity, lack of registration, use of false documents, commission of offenses and crimes. Today, the procedure for appealing such a decision in court is a very pressing and pressing problem. Only a court can make such a decision. If an offense committed by a migrant is discovered at the time of passing through customs control, then the head of the border checkpoint can also deal with expulsion from the country without trial.

How does deportation take place?

Employees of the Ministry of Internal Affairs or the Federal Migration Service detain a foreign citizen at the time of a raid, simply when checking documents on the street or while working at an enterprise, and draw up a protocol with a brief interview. Usually, on the same day, the violator is escorted to court, where the judge examines the documents provided by the Ministry of Internal Affairs officer, interrogates the migrant and makes a decision. This happens orally, and a written copy is given to the offender. It describes in detail the offense committed and the punishment for it - a fine and deportation from the country. Usually the form of expulsion is explained: independent or forced, and the necessary details for paying the fine are also indicated.

Complaints and Appeals

The only legal way to cancel deportation from Russia is to appeal the court decision by filing an appeal. After changes in legislation, you can only appeal a decision in court: the FSB, the Ministry of Internal Affairs, border control authorities, the Federal Migration Service, embassies and other government bodies no longer have the power to cancel or review. During the appeal process, the timing of the appeal is of utmost importance.

The best option for a foreign citizen is to try to avoid deportation already at the first court hearing. To do this, it is necessary to look for circumstances, submit applications and provide relevant documents. We must remember that even if a decision is made on independent or forced deportation, this is not the end; you can always file an appeal within 10 days to a higher judicial authority. If the appeal is filed within this period, then the citizen may not leave the Russian Federation (we will consider the nuances of suspending the decision below).

So, the primary goal for canceling a decision is to timely file a reasoned complaint supported by relevant documents, and then provide information to a higher court. As practice shows, one can hope for success only if there are significant violations of the law when making the first decision. The assistance of a qualified migration lawyer significantly increases the chances of success, especially if there are significant prerequisites for canceling the deportation.

Appealing a court decision on expulsion from the Russian Federation

To appeal a court decision on expulsion from Russia, you need to appeal to a higher court. The appeal statement is drawn up indicating the circumstances relevant to the case. The document is drawn up in such a way that the court is convinced of the need to consider this case. It is worth filing an appeal as quickly as possible, since this will determine whether you will need to leave the Russian Federation or not. That is, if the application is sent to the court within 10 days from the date of receipt of the court decision and if the claim is satisfied, you will not have to leave the country. When applying, you will need to have a photocopy of the court decision. If you fail to submit your application on time, you will need to leave the Russian Federation, but you can file an appeal at a later date. But you will need to go to the supervisory court. You can appeal a court decision in the following ways: in court and administratively. A complaint is filed with the court in the presence of certain circumstances, for example the presence of relatives who are citizens of the Russian Federation or marriage with a citizen of the Russian Federation. But you will need to prove your relationship with your future spouse before making a decision.

To file a complaint administratively, you will need to contact the Border Guard Service, and the requirements for the application will be the same as when applying to court. In any case, each application is considered individually, so it is worth paying as much attention as possible to the description of the case, and also try to confirm the fact that the deportation from the country should be cancelled.

On what grounds can deportation from Russia be canceled through the courts?

Even when filing an appeal, you can foresee in advance the circumstances that may become valid grounds for canceling the court order on deportation. Here are the most common factors that can play in favor of a foreign citizen:

Insignificant degree of public danger of the offense committed by the migrant;
Presence of close relatives in the Russian Federation;
Disabled family members who are dependent on a foreign citizen;
The presence of serious medical problems, confirmed by relevant documents;
Other significant preconditions requiring the migrant’s mandatory stay on Russian territory.

Reasons for deportation from the country

A citizen of another country will need the services of a lawyer when expelled from the country if:

violation of the procedure for entry into the territory, conditions of migration registration and transit movement;
non-compliance with the terms of stay;
absence/loss/falsification of documents confirming the right to stay in the country;
discrepancy between the stated purpose of arrival and occupation;
illegal trafficking of prohibited drugs and commission of other illegal actions (violation of currency, customs or other legislation).

In seeking to cancel deportation from Russia, a lawyer (advocate) has to look for any clues that will allow him to prove the absence of an offense - this is always difficult, painstaking work.

Is it necessary to travel outside the country while the appeal is pending?

A very pressing issue, about which foreign citizens often have erroneous information. Many are sure that once a complaint is filed against the decision of the court of first instance, the decision on deportation is automatically suspended, the migration service is obliged to extend the period of stay in the Russian Federation, and it is not necessary to leave the country. In practice, things are not so rosy. This is due to the fact that the legislative norms regulating the deportation process have several nuances:

If an appeal against a court decision is filed within the 10-day period specified by law, then the decision does not really enter into force. Until the higher court considers the submitted application, the migration service does not even include the foreign citizen in its database. If for a given period a migrant has legal grounds for staying on the territory of the Russian Federation - registration, patent or temporary residence permit, no one can force him to leave the country. Sometimes the period of validity of registration or temporary residence permit is extended altogether. But as soon as the higher court considers and rejects the filed complaint, you must leave.
Completely different rules apply when trying to appeal a decision to a supervisory authority. After the expiration of the 10-day period, the court decision is considered to have entered into force. The law does not prevent you from appealing it, but no one will grant the right to stay in the country to a foreign citizen. There is a general regime of stay in which appeal and stay are considered in parallel.

How to lift administrative expulsion from Russia

A Russian citizen, whose partner, who is a citizen of another state, is being expelled from the Russian Federation, wants to have this decision cancelled. In addition, a foreigner is a person who at one time was invited to the country to solve special problems. But now no one wants to help him. She is interested: if their relationship is legalized by marriage, then the expulsion will be lifted?

It is important to know! The procedure for the administrative expulsion of foreigners in 2017 changed significantly. Yet deportation remains the most common type of punishment for persons in this status.

Administrative deportation can now only be imposed by a decision of a judicial authority.
Only one of the articles of the Code of Administrative Offenses of the Russian Federation can serve as a basis for deportation.
If the violation was noted at the border, punishment such as deportation can be imposed even by the head of the border checkpoint, and without a court decision.

Attention! Legal provisions may change and be supplemented.
If you are not sure that you are operating with the most up-to-date information, it is advisable to obtain legal advice. On our website, the first consultation is provided free of charge. Consequences of expulsion

After the court ruling loses the opportunity to be appealed, the foreigner will be prohibited from entering the territory of the Russian Federation for another 5-year period (Part 2 of Article 27 of the Federal Law No. 114 of August 15, 1996). The person is not even specifically informed about this additional punishment, since this point is not disputed.
If a foreigner tries to enter the country before the end of the 5-year ban, then the state. supervisory authorities will initiate the opening of a criminal case under Art. 322 of the Criminal Code of the Russian Federation.
The only way that gives a real opportunity to cancel the deportation or at least suspend the implementation of this procedure is to appeal the initial:
- court order;

Only an experienced immigration lawyer can help.

Since deportation is permitted only by decision of a judge, an appeal can be filed.
If deportation from the Russian Federation is ordered by a court, neither the Embassy, nor the FSB, nor the FMS will be able to change anything subsequently.

The meaning of deadlines

The migration lawyer draws clients' attention to the differences between the cancellation of deportation and the lifting of the entry ban. Timing must be taken into account here. The best way out is to ensure that deportation is not ordered at the first meeting of the judicial authority.

A competent lawyer will help you draft your petition correctly.
Special circumstances should be pointed out to the court.
You will need to collect the necessary documents.

After deportation is ordered (if the outcome of the case is unfavorable at the first stage), this court decision can be appealed to a higher judicial authority. The law allows for an appeal against a decision of the court of first instance to be initiated within a 10-day period.

This means the foreigner remains in Russia for another 10 days. And then we should hope that a well-founded appeal will be carefully studied by a higher court.

Advice from a migration lawyer

In order for the deportation to be cancelled, you need not just to write a complaint, but to correctly substantiate and document each of its points. If the appellate court nevertheless makes a decision unfavorable for the foreigner, you can contact supervisory authorities at several levels.

If a citizen has not committed a serious administrative offense on the territory of Russia, then, indeed, it would be advisable to urgently legalize the marriage relationship. Every day matters here. It is necessary to present strong arguments proving that expulsion from the country is not the best decision of the judge.

The husband may have parents or children living in Russia, which also matters.
A foreign husband may undergo treatment at a local clinic, interrupting which is extremely undesirable or even dangerous.
A foreigner has a close relative in Russia who needs care. Moreover, besides him, there is no one to care for a sick (old) person.
You can point out other urgent matters that do not allow a foreigner to immediately leave the Russian Federation.

If the provision on expulsion has taken legal force, then marriage will no longer help. The ban on foreigners staying in Russia will not be lifted in any case, so belated registration of marriage becomes meaningless. Therefore, you need to consult in detail with a migration lawyer and jointly develop a defense strategy right now.

Our lawyers provide advice and legal assistance throughout Russia - seven days a week, and in Moscow and St. Petersburg we work around the clock. Ask your questions through online consultation forms or call by phone in Moscow or by phone in St. Petersburg.

Is it possible to replace expulsion with a fine?

In some cases, administrative measures in the form of a fine are taken against a foreign citizen who has violated the law. This becomes possible in two cases: if the offense was committed by a migrant for the first time, and also if liability arose under Article 18.8 of the Code of Administrative Offences. In any case, the size of the punishment is determined only by the court, so you should not hope for a guaranteed replacement for the expulsion of fines. The fine, by the way, is fixed – 7 thousand rubles.

Reasons for appeal

The most reasonable reason for an appeal is that some mistake was made, but in fact there was no violation of migration legislation. But there are other situations when it is possible to appeal an administrative deportation, even if in fact the sentence imposed is fair. Such situations include the following:

Relatives of a foreign citizen who have Russian citizenship live in Russia
A foreign citizen is married to a citizen of the Russian Federation, or his child is a citizen of the Russian Federation
At the time of the announcement of deportation, the foreign citizen had valid documents such as a residence permit, work permit, temporary residence permit, or patent
The foreign citizen is a student at a Russian educational institution (at the time of the announcement of the fact of deportation)
A foreign citizen is undergoing treatment in Russia, which was prescribed to him by his attending physician

In such cases, it is necessary to have documents that will confirm the fact of the above situations.

Advice from a qualified migration lawyer

Be sure to make photocopies of your passport, medical documents, educational documents, certificates, permits, and then have them certified by a notary;
At the stage of detention by representatives of the Ministry of Internal Affairs and the Migration Service, use the legal right to have an interpreter and a lawyer present during interrogation. This is especially true if you do not speak Russian well;
By law, a foreign citizen is not required to incriminate himself or give any evidence. You can refuse to testify, and you can also write your own version of events. Refusal of such requirements is a serious violation of current legislation;
If you have close relatives and children who are citizens of the Russian Federation or you are married to a Russian citizen, be sure to reflect this fact in your testimony and declare it at the court hearing.

If you are afraid to contact representatives of government agencies in court or are not confident in your own legal literacy, be sure to involve at least friends who are well versed in the intricacies of migration law. The ideal option is the services of a competent lawyer who can represent your interests in court or already at the stage of filing an appeal. It is advisable that this be a migration lawyer, because in this area of law there are a huge number of nuances and exceptions that can turn the course of the case in any direction and at any stage.

How to appeal administrative expulsion?

Here is a short guide. It is absolutely free and you can use it as much as you like. We do not recommend taking any action to appeal administrative deportation without first consulting a migration lawyer. We will try not to complicate these recommendations with regulations and unnecessary “empty” information. Our goal is to help you. Let's start with the concept. Administrative expulsion is the forced and controlled movement of foreign citizens and stateless persons across the state border of the Russian Federation outside the Russian Federation, and in cases provided for by the legislation of the Russian Federation, the controlled independent departure of foreign citizens and stateless persons from the Russian Federation.

Who can be subject to administrative deportation? 1. Foreign citizen 2. Stateless person

In what case can administrative expulsion be accepted? If an administrative offense has been committed under Chapter 18 of the Code of Administrative Offenses of the Russian Federation. Note that sometimes this is a right of a government agency, not an obligation. For example, in case of violation of certain norms of migration legislation in Moscow, St. Petersburg, Moscow and Leningrad regions, administrative expulsion is a mandatory sanction, while in other constituent entities of the Russian Federation it remains at the discretion of the court. The most common reason for deportation is carrying out labor activities in the Russian Federation without a work permit or patent.

For how long is the right to enter the Russian Federation limited when a decision on administrative expulsion is made? For 5 years - upon expulsion by the court. For 1 year - upon expulsion by the Border Service of the FSB of Russia.

According to the legislation of the Russian Federation, you can appeal the act of administrative expulsion: 1. to the government body that made the decision. 2. in a higher court.

Deadline for appealing an act of administrative expulsion? 1. 3 months - if this is a decision of the Border Service of the FSB of Russia. 2. 10 days – if this is a court order on administrative expulsion.

Who can make such a decision? The list of state bodies that can adopt acts of administrative expulsion is established by law: 1. FSB of Russia - decision 2. Court of general jurisdiction - decision

To which government agency should I appeal an administrative expulsion? Based on an analysis of the current legislation of the Russian Federation and our many years of practice, we have made the following conclusions: 1. Court decisions on administrative expulsion must be appealed to a higher court. For example, for district courts of the city of Moscow it is the Moscow City Court, for district and city courts of the Moscow region it is the Moscow Regional Court. 2. The decision of the Border Service of the FSB of the Russian Federation - in the government agency itself, or in court.

Reasons for which you can appeal administrative expulsion: There are no reasons that are clearly regulated by law. You won't find them anywhere. You will need to familiarize yourself with a huge pile of sources of law and study the practice of overturning such decisions. We can confidently state that the decision can be canceled in the following cases: 1. The foreign citizen/stateless person did not violate the legislation of the Russian Federation, and the act of administrative expulsion was adopted illegally. 2. The foreign citizen/stateless person is closely related to citizens of the Russian Federation. These are two main reasons that guarantee you that the deportation act will be cancelled. Please note that this list is not exhaustive. The decision to cancel administrative deportation is made on a case-by-case basis, taking into account all the circumstances of the case. A qualified migration lawyer will use even the slightest chance to appeal the administrative expulsion.

Actions aimed at appealing administrative expulsion: 1. Obtain a decree/decision on administrative expulsion. 2. Submit a reasoned complaint against the act of administrative expulsion. 3. Receive the decision of the competent authority. When appealing an administrative expulsion in court, participation in a court hearing is required.

What you should not do when appealing an administrative expulsion: 1. Register the marriage after the act of administrative expulsion has been adopted. It's useless. The marriage must be registered before the FMS decision is made. 2. Change your passport details. “What if you return to your homeland, change your last name and come back?” Let's start with the fact that such a process is even recommended in consulates and embassies, which is completely absurd. These actions will be regarded by the Russian Federation as a crime against governance. This is a real criminal sentence, not to mention the fact that you will not return to the Russian Federation in the next 10 years. Moreover, many states exchange this information among themselves, and as soon as you change your last name, this information will be available to the competent authorities of the Russian Federation the very next day. 3. Forge documents. “What if you make a marriage retroactively in your homeland?” These actions will also be regarded by the Russian Federation as a crime against governance. This threatens with criminal punishment both in your homeland and on the territory of the Russian Federation. 4. Stay illegally on the territory of the Russian Federation. This is illegal and sooner or later you will be detained, and either administrative deportation will be applied to you in the form of placement in a special temporary residence center with subsequent forced departure, or deportation.

How can we help when appealing an administrative expulsion: 1. We will file a complaint to the court, or an application to cancel the administrative expulsion. 2. We will represent your interests in court. 3. We will help you collect a package of necessary documents. 4. We will carry out the entire procedure for appealing the deportation as soon as possible.

What we don't do: 1. We don't work without advance payment. 2. We don’t give false hopes. 3. We do not give guarantees, we give a probabilistic assessment of the situation.

Reasons to choose us: 1. High quality legal services. 2. We will help you if you are not in the Russian Federation. 3. Availability of our services. 4. We work throughout the Russian Federation. Do you have any questions? You can contact us using any of the available methods listed on our website!

Court decisions

They planted drugs at a disco.
Land demarcation without the consent of neighbors.

Car missing from the parking lot

How to return money for an apartment if the contract was not concluded in accordance with No. 214-FZ

The insurance company paid 2.5 million for the error

Termination of an equity participation agreement with the developer and recovery of more than 5 million for an apartment worth 1.6 million

Customer Reviews

Gratitude from Tunnova L. Sergey Vyacheslavovich! Thank you for the qualified advice you provided regarding my question in the field of consumer protection (dispute with TC OPT, the kitchen was not delivered)

Lyubov Tunnova December 12, 2018

Review by B.I. Goreky Gratitude to Yuri Vladimirovich from B.I. Goreky for the consultation on family rights.

Gratitude from V.N. Skorokhodova Dear Alexander Viktorovich! Let me express my sincere gratitude to you for your understanding, sensitive approach to the situation, openness, emotions and professionalism. I wish you good luck, success in your work and prosperity.

Sincerely, Skorokhodova V.N.

Gratitude from Truk N.N. I would like to express my gratitude to Vasily Anatolyevich Kavalyauskus, Alexander Viktorovich Pavlyuchenko and Maxim Andreevich Lobur for providing qualified legal assistance, with the help of which my problem was resolved quickly and clearly. When contacted, I always found understanding and attention. It’s good that the “Society for the Protection of Consumer Rights” employs such lawyers and advocates. I wish you success in your future work and defending the interests of consumers.

Sincerely, Truk N.N.

07.05.2018

Review by Egorova A.N. I, Egorova Antonina Nikolaevna, am very pleased with the consultation of Yuri Vladimirovich Sukhovarov. Thank you for your attentiveness and understanding. I wish you further professional growth.

Gratitude from Bolotin V.S. I thank Alexander Viktorovich Pavlyuchenko for the work done as part of the investigation into the administrative case. I am especially grateful that almost all activities within the framework of the case were carried out by Alexander personally, without my involvement, which significantly saved my time. I would also like to note the efficiency with which the work was completed. I would like to wish Alexander further success in his professional activities and the successful completion of all current and subsequent cases, restoring justice to his clients.

Bolotin V.S., 02/12/2017

Gratitude from Elena and Alexander I sincerely thank lawyer Vasily Anatolyevich for his qualified and polite service. We will always contact you and tell our friends. Thank you.

Elena

Alexander 998-98-59

Gratitude from Piskunov I.B. I just don’t have words to express my gratitude to Sergei Vyacheslavovich. Thank you for having such a lawyer. Thank you for your help regarding the issue regarding the employment contract.

Piskunov I.B. 12/12/2018

Gratitude from Volkova N.E. I express my gratitude to Vasily Anatolyevich for his professional and competent assistance in resolving the issue of protecting my consumer rights. As a result, I received decent compensation from. Thank you!

Volkova N.E. November 30, 2018

Gratitude from Komardin I ask you to express my gratitude to lawyer Alexander Viktorovich, who competently and clearly explained to me my further actions to solve the problem that my relatives found themselves in.

02/11/18 Komardin S.I.