Thousands of migrants from the CIS countries and other countries come to the territory of the Russian Federation annually. Everyone has their own goals for arrival. Most are interested in earning and improving the quality of life. However, there are those who came to visit relatives or to get an education. The concept of “deportation of foreign citizens” is familiar to all visitors to foreigners. This unpleasant procedure happens most often with those who violate the rule of law established by the Russian government. It is useful for every immigrant to know the intricacies of the procedure and what to do in order to never face this problem.
Historical data
The deportation of citizens or an entire nation is a fairly common occurrence in world history. The expulsion of people at different time periods and in different states occurred much more often than it might seem at first glance. The meaning of the term deportation is the removal of a certain category of persons from their permanent place of residence. However, expelled foreign nationals if there is a legal basis for this.
In particular, you can turn to the history of the USSR and find out that in those days the link had a number of features. It was of an extrajudicial nature and involved the transfer of significant groups of people to remote parts of the country that were completely unsuitable for life. The modern Russian Federation, like the former USSR, still has such areas to this day (northern uninhabited lands).
There is a scientific opinion that such peoples as Karachais, Koreans, Germans, Kalmyks, Chechens, Crimean Tatars, Ingush and others underwent deportations during the Soviet Union. At the same time, some were deprived of national autonomies! In fact, the deportation of foreign citizens is a policy of global genocide, which originates in the first third of the 20th century.
The consequences of mass deportation to the USSR
Modern scholars believe that the mass migration of peoples in the Soviet Union caused irreparable damage to the country's economy and culture. The authorities lost their authority, a certain negative appeared in the field of the national question. That is why at the end of the 20th century the law “on rehabilitation” was issued, according to which all victims of genocide, forced resettlement, slander, were considered repressed and were acquitted. Some of them returned to their previous places of residence.
Current legislation
The deportation of a migrant is familiar to all visitors to foreigners. It involves the expulsion from the Russian Federation of anyone who violates the conditions of stay. Before leaving for Russia, it is useful to check your passport to see if a citizen is on the black list of the Russian migration service. It is equally important to know in advance who and for what misconduct can be sent home. In certain cases, the deportation of a person may be canceled.
The procedure can be applied only to those residents of the country who are not its full citizens. A citizen of the Russian Federation cannot be expelled from the country, even if he commits a serious crime (a similar situation with entry into the country).
Deportation is not a punishment, but only one way of exerting influence on immigrants. Some people confuse this concept with administrative expulsion or deprivation of citizenship. The process consists in the temporary movement of foreigners (or stateless persons) outside of Russia. They resort to this measure only in cases where the guest of the country is one of the points of the migration legislation.
Rules for the stay of migrants
Foreign nationals who come to Russia should be aware of the specific provisions of the migration legislation:
- If the guest has the right to stay in this territory for a limited time period, then after its expiration it is necessary to leave the country in three days.
- If the document giving the migrant the right to stay in Russia is canceled, then a foreigner is given 15 days to travel outside the state.
The issues of monitoring compliance with migration legislation are monitored by the authorized service (FMS). Subject to the rules of stay in Russia, foreign nationals are not at risk of being sent home.
Deportation: reasons for the expulsion of foreigners
In order for a subject of another state to be expelled from the Russian Federation by force, good reason is needed. For example:
- illegal crossing of the Russian border;
- violation of the visa regime;
- The period of validity of the temporary residence permit, residence permit and other permits for temporary residence in the country has expired.
Illegal entry into the territory of the state is considered to be border crossing on forged documents or illegal entry.
Categories of migrants who cannot be expelled from the country
There is a category of citizens for whom, in accordance with the law, deportation does not apply. These are primarily refugees (if there is documentary evidence of status), as well as those immigrants who have officially requested political asylum from the Russian Federation. In any of these cases, registration is required in the migration service department at the place of stay.
Those foreign nationals who have just begun to apply for refugee status, but have not yet received it, also cannot be deported from the country. All the time while documents are being examined by the FMS, foreigners are allowed to reside in Russia.
It happens that the status of a political refugee is lost by a foreigner, but in his native country his freedom or life is in danger. In this case, the government also cannot apply such a measure as deportation to an immigrant (this is dangerous for a person). Another exception to the rule are employees of international organizations (consulates, diplomatic missions).
Is it possible to remove deportation and avoid “exile”?
The decision that a certain foreign national must be expelled from the country is made in court. However, even before the trial, the immigrant must be warned that this measure will be applicable to him, and he should voluntarily leave the Russian Federation as soon as possible. But even if the court decided to send the guest to his native land, there is an opportunity to rectify the situation.
In order for a foreigner to remain legally in the country, he needs to file an application with the court to appeal the decision. The legislation of the Russian Federation provides for appeal a standard 10 days from the date of sentencing (until it has entered into legal force). If the appeal has already expired, they can make an exception and accept the application of the foreign national if he could not do it earlier for good reason.
Legal grounds for canceling deportation
In order to legally challenge a court decision and avoid eviction from the country, it is recommended that foreign nationals seek the assistance of a qualified lawyer in such cases.
Cancellation of the decision will be achieved if one of the following points is observed:
- A foreigner is married to a citizen of the Russian Federation, has a common child with Russian citizenship.
- At the time of the court decision, the foreigner had a valid work permit, residence permit or RVP.
- An immigrant is studying at one of the universities in Russia.
- A foreign citizen came to the country to undergo treatment.
But even if a foreign national has one of the reasons to stay in the arsenal, the process of canceling a court verdict will not be easy for him. It will be necessary to collect all the necessary documents and evidence, in addition, skillfully apply them in the trial. If a foreigner does not know Russian laws well, then it is better to contact a lawyer.
The procedure for the expulsion of foreigners
The final decision that a citizen of another state should be deported from Russia is made by the regional department of the migration department, which is located at the place of residence of the immigrant. It is this service that collects all the papers for a foreign guest and passes them to the court.
Following legislative changes, measures against immigrants have become much tougher. Therefore, deportation in some cases means not only leaving the territory of the Russian Federation, but also a subsequent ban on entry into the country.
If a citizen of another country is expelled for the first time, then he is deprived of the right to enter Russia for a period of 3 to 5 years. With secondary deportation, measures can be much more severe. For the third expulsion, the immigrant will receive a ban on crossing the border of the Russian Federation for a period of 10 years. In addition, significant fines are imposed for violations of the migration legislation of the Russian Federation, as well as administrative expulsion of an immigrant.