The reasons and basises for the ban on entry in Russia

The reasons and basises for the ban on entry in Russia

All basises for determination to forbid entry or undesirability staying of foreigners in Russia are approved and listed by Articles 26-27 of the Federal Law of August 15, 1996 No. 114-FL "About Procedure for Exiting and Entering the Russian Federation" (hereinafter 114-FL).

Articles 26-27 of this law are constantly being amended and the basises for banning on entry are increasing every year.

The reason for the prohibition on entry is shown in a notification, which is handed over to a stranger at the border or upon issuing a work patent.

The cause for non-admission of arrival presents like a reference to the above document.

If you, your relative or employee don't understand prohibition's reason after received a notice of the decision to forbid entry, re-read this notice and pay attention to the statement “based on article, 27, part 1, paragraph 12 of Federal Law No. 114".

This is reason for interdict on visiting Russia.

The most common reasons for banning entry to Russia are described and reviewed with examples and explanations below.

Article 26, paragraph 1 - violation of the border crossing procedure

The period of banning doesn't exist, entry will be allowed immediately after elimination of violations.

For example, it is allowed to transport only 5 kg of Finnish cheese. If a foreigner has purchased 10 kg of this product, then crossing the border he will face difficulties. Entry to Russia will be closed until the weight difference of the product is utilized.

Art. 26, Paragraph 2 - providing wittingly false information when crossing the border

Under this article foreign citizens from the Middle East are often prohibited to enter Russia.

Because they applied for student or work visas to arrive in country, but the real goal was to cross the border with Finland and to obtain refugee status there.

Art. 26, Paragraph 4 - two (or more) administrative fines during 3 years

The entry ban under this article is very often applied to foreigners: drivers or those who have registered the right of ownership, but the car has been leased to not very responsible drivers. Two of any administrative fines, even paid, guarantee a forbiddance on visiting.

Please remember the seriousness of administrative misdemeanors, size of fines and fact of payment don't affect the imposition and cancellation of ban.

The banning term for 2 administrative misdemeanors is 3 years.

Art. 26, paragraph 8 - the period of stay up to 30 days has been violated

The prohibition's term is 3 years.

The prohibition doesn't apply to foreigners who have good reasons for violating the deadline – a serious illness or death of a relative living in Russia, emergency hospitalization or natural disasters.

Please note that close relatives are only parents, children and spouses who live in Russia, namely those who have a residence permit or who are citizens of Russia.

Art. 26, paragraph 9 - participation in a prohibited organization

It's a new and very controversial evidence for an interdict on entry into Russia. Regulatory document does not define the concept and degree of participation. In fact the federal authority is obligated to adjudicate these parameters.

Pay attention to the wording: "involved in the activity ...". In reality, a ban may be adopted for both the manager and the ordinary employee of the Foundation, a non-profit organization, etc.

The banning period is unlimited.

There is no legislative conformation for canceling the ban under this paragraph. It is not clear should the interdict on entry be canceled if an alien has stopped to participate in organization. And how to prove it.

Art. 26, Paragraph 10 - participation in an extremist organization

The term of banning is indefinite, until the organization is removed from the terroristic list, or until the foreigner is excluded from the list of extremists.

Several religious movements and churches are distinguished as an extremist organization.

Art. 27, Part 1, Paragraph 1 - Threat to Russia's Security

National security is very broad extensive concept. This article is the most widely used by federal authorities, which are authorized to make decisions to ban entry on non-immigrant articles - the Federal Security Service (in relation to any kind of terrorists, extremists, members of criminal groups, etc. ),

Federal Service for Supervision of Consumer Rights Protection and Human Welfare (regarding foreign carriers of socially dangerous diseases), Foreign Intelligence Service (regarding foreign intelligence personnel), the Ministry of Defense, Custom Service And even RosFinMonitoring.

Even a legally staying foreigner may be limited to being in the country based on this article.

The term of banning is for life.

Art. 27, part 1, paragraph 2 - Prohibition on entry after expulsion

The determination on the ban is made and is counted from the date on which the expulsion order takes effect.

The prohibition period is 5 years.

Art. 27, part 1, paragraph 2.1 - Re-expulsion, re-deportation or readmission of a foreign citizen from Russia

Please remember, the law does not establish the period during which re-expulsion should be ordered.

Every external citizen will be banned for 10 years for re-expulsion.

Art. 27, part 1, paragraph 2.2 - Voluntary Departure upon Readmission

Voluntary departure (cessation of readmission) to the country of origin.

The term of banning on entry is 3 years.

Art. 27, part 1, paragraph 3 - outstanding conviction for any criminal offense

Entry forbiddance is put on for any criminal offense effected in Russia and beyond. No one crime parameter: namely severity, type of punishment (fine or imprisonment) or the fact of serving the sentence does not matter.

At first conviction must be canceled, after which the entry ban will be lifted.

Since the maturity dates of convictions for various categories of crime are different, then the entry forbiddance for nonresidents who were previously convicted will be diverse:

the period of interdict on entry is 1 year - in case of imposition of any punishment, except for imprisonment (hereinafter according the Criminal Code of the Russian Federation), the period of interdict on entry is 3 years - in case of conviction to imprisonment for crimes of minor and moderate severity.

the period of interdict on entry is 8 years - in case of conviction to imprisonment for serious crimes.

the period of interdict on entry is 10 years - in case of conviction to imprisonment for especially grave crimes.

Pay attention: if a crime was happened in a state other than Russia, a nonresident was convicted under other criminal laws, then the calculation of the forbiddance on entry is made in accordance with the norms of Russian legislation.

Only those aliens who have been convicted in any country of the world are at risk of being notified of a ban on entry into Russia. But such an offense must be recognized by the Russian legal system and is considered a crime.

Art. 27, part 1, paragraph 4 - failure to provide of obligatory papers for a visa

The period of banning doesn't exist. Entry will be allowed immediately after elimination of violations and the provision of the necessary documents for the visa.

Art. 27, part 1, paragraph 5 - Absence of Insurance Policy

The period of banning doesn't exist. Entry will be allowed immediately after the elimination of violations, the purchase and presentation of a medical policy valid in Russia.

Does not apply to diplomats and consular officers.

Art. 27, part 1, paragraph 6 - lack of funds for living. Or a foreign citizen did not provide proof of the availability of funds for residence and subsequent departure from Russia

The confirmation procedure requires a guarantee letter, invitation, return ticket or tourist guarantee.

The procedure was established in 2003 yet. In practice, this provision is not actually applied for controlling the arrival flow of strangers from visa-free countries, although it doesn't provide for exceptions for citizens of the CIS.

The period of banning doesn't exist. Entry will be allowed immediately after elimination of violations: the presentation of evidence of the availability of funds.

It does not apply to strangers arriving on a business trip to Russia, an official visit, having relatives in the Russian Federation and refugees.

Art. 27, part 1, paragraph 7 - anti-sanctioned list

When an alien is included in the anti-sanction list of Russia in accordance with the Federal Law N 272 of 28.12.2012.

This law defines causes and processes for implementing of “influence's measures” on people who have committed a violation of the rights and freedoms of Russian citizens. According to Federal Law N 272 the federal service maintains a specific list of foreigners.

The period of interdict is for life. Exclusion from the list is not provided by law. The list is not officially published.

Art. 27, part 1, paragraph 10 - debts on taxes, fines or fees

The ban on entry to a foreign citizen who did not pay taxes, administrative fines or did not reimburse expenses incurred by Russia for his expulsion from the country.

Please note: a ban on this basis cannot be applied to foreigners who have a debt to individuals approved by the court. It means, the state cares more about the budget. But in respect of nonresident debtors in civil disputes (alimony, debts) and criminal fines the Federal Bailiff Service may impose a ban on leaving , equally with Russian citizens. Moreover, the case of expiration of residence permits (for foreigners) is less concerned about the staff of the said service than the execution of the proceedings.

The period of banning doesn't exist. Entry will be allowed immediately after elimination of violations:

the foreigner has executed all the payments provided by law or reimbursed the costs of expulsion.

Maturity and the term of receipt of funds can range from one to two months from the date of payment.

Art. 27, part 1, paragraph 11 - two grave offenses for the year

The prohibition of entry to a foreigner for committing two "grave" administrative offenses in Russia, infringing on public order and security, or two violations under "immigration articles" for one year.

The period of banning is 5 years.

Art. 27, part 1, paragraph 12 - violated rule 90 of 180

According to Article 5, Part 1, paragraph 2 of 115 Federal Law “Legal Status of Foreign Citizens”, a nonresident can't stay in Russia more than 90 days for a period of 180 days, if during the previous staying period he did not register and didn't have a patent, work or residence permit. Also, this rule is used by Visa applicants who, having the 90/180 business visa, did not keep counts of their staying time in Russia and exceeded it even by one day.

For exceeding the term of 90 days from 180, Article 27, part 1, paragraph 12 of N 114-FL prohibits entry. In case if the police officers, employees of the General Directorate for Migration or the Frontier Directorate identify violations during verification of documents, an alien is liable under

Article 18.8 of the Administrative Code of Russia and punished with administrative expulsion.

The period of banning is 3 years.

Art. 27, Part 1, paragraph 13 - exceeded the period of stay by 180 days

The period of banning is 5 years.

Art. 27, Part 1, paragraph 14 - exceeded the period of stay by 270 days

The period of banning is 10 years.

Art. 27, Part 1, paragraphs 13-14 of Federal Law N 114, being in fact identical in theme, establish a prolonged excess of illegal staying time in Russia for an alien as a basis for on arrival ban. The difference is in the established period of illegal residence (paragraph 13: 181-270 days, paragraph 14: more than 270 days) and in the term for prohibiting entry: 5 or 10 years respectively. These violations are recognized as one of the most serious with the appointment of a long period of banning on entry.

Please note that by setting a 10-year entry ban for violators of term, the legislature try to convey

important message to nonresidents: we don't like those who violate the regime of stay and people who don't respect the rules and laws of Russia.

So, only two categories of wrongdoings entail a 10-year period of interdict on entry for aliens: exceeding the term of stay of 270 days and conviction for especially grave crimes.

This is a serious reason for foreign citizens to reflect on their own attitude to execution of permits, to follow stay regime, rules and regulations of the migration legislation of Russia.

What to do with the entry forbiddance?

There are two ways:

the first is to refuse to travel to Russia for the prohibitive period, the second is to appeal the decree to ban and get it canceled. It is best to resort to the help of a lawyer on migration issues.

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