Who is subject to deportation and how to avoid it

Deportation (the literal meaning of the word is “exile”) is the forced eviction of an illegal immigrant from the country due to his violation of the rules of the country’s migration legislation. This concept is identical with expulsion, differing in that after deportation a citizen retains the right to return to the country he was forced to leave, while expulsion closes the issue of return forever. The deportation of a person takes place under escort and strict supervision of the FMS.

Who can be deported

Deportation is applied to foreign citizens who are violators of the regime of stay or illegally working, that is, who do not have a permit for the right to engage in labor activity. It can be avoided, but one word is not enough for this. Deportation of foreign citizens from Russia is possible in respect of those persons who have had their stay in the country reduced, their temporary residence permits and residence permits issued earlier by the FMS have been cancelled.

Migrants have the right to leave the Russian Federation on their own within the time limits specified by law, which can be found on the FMS website. But if they did not do this voluntarily, citizens temporarily residing in Russia are deported. Deportation usually restricts the violator's right to enter Russia for a period of 3-5 years. It all depends on the severity of the violation, you can find out the end date from the FMS employees. Cancellation of the decision is possible with the assistance of an experienced lawyer.

According to the law, deportation (as well as its cancellation) can occur only by a court decision. The process takes two days from the moment of detention of the illegal immigrant. The court session usually passes quickly, about 20 minutes. Many foreigners in the courtroom deliberately forget the words of the Russian language. They justify this decision by the fact that they do not understand a single word in Russian.

If a foreign citizen does not understand Russian, then at the stage of initiating a case and considering it in court, he must be provided with an interpreter. The decision on the appointment of such a specialist is made by the judge. Before the meeting, the interpreter is warned about giving a deliberately incorrect translation, a receipt is taken from him and attached to the case file. Therefore, you need to choose simple words to avoid translation difficulties and inaccuracies.

Usually the outcome of the trial is a foregone conclusion: if the case goes to court, then deportation occurs anyway. You can avoid harsh punishment by challenging this decision. Deportation can be canceled if the foreigner provides written evidence that he has not violated the migration law of the Russian Federation. FMS employees are required to verify the authenticity of the data. Sometimes foreign citizens resort to fictitious marriage in order to avoid deportation. In this case, the words "spouses" are subject to scrutiny.

How is the procedure

If the court decision (the main reason for initiating the procedure) on deportation was positive, then the illegal immigrant is obliged to leave the territory of Russia. You can find out the dates of departure from the country in the meeting room. The decision of the court does not provide for the issue of payment of bills for relocation. If necessary, you can solve the problem in two ways.

  1. A migrant buys a ticket for himself (most often, illegal immigrants leave Russia on their own).
  2. If money is spent from the federal budget to ensure the expulsion of a migrant, then in such a case a decision is made to forcibly relocate him. Up to the fact that he can be placed in a special institution before expulsion - a separate receiver with a strict regime of detention, but instead of guards, bailiffs keep order in it.

Sending one illegal migrant home costs the federal budget (treasury) 7,500 rubles. Further, those deported migrants who did not have money for a return ticket home are taken out by bus. They are brought to the airport building 3-4 hours before the flight and are not left unattended until they cross the state border.

In most cases, deportation is carried out through the terminals of international airports. But there are exceptions when, for medical or any other reasons, a foreign citizen cannot fly, then deportation is carried out by land transport to the state border crossing point.

Every year, tens of thousands of those who refused to live according to the law of the power they came to to work go home by planes and trains to their homeland. In recent years, such violators have become more and more. Economic indicators in the home country of migrants are declining, and it is the issue of earnings that is of paramount importance. This circumstance pushes the authorities of the Russian Federation to conduct additional checks of foreign citizens.

According to statistics, last year there were more than 60,000 illegal immigrants deported from Russia. But according to official data, Russia is the second country in the world after the United States in terms of the number of illegal migrants. Today, at least 3.5 million foreign citizens live here illegally.

The reasons for the deportation are specified in the court decision. For what citizens of foreign countries can be deported, you can find out on the official website of the FMS. Foreigners are deported because many of them have wrong documents (false or expired). You can find out when you cross the border. In order to avoid deportation, an illegal immigrant needs to find out the reasons why he can be expelled from the country, and to prevent this from happening:

  • illegal crossing of the Russian border with forged documents;
  • violation of the rules for staying on the territory of the Russian Federation (expired visa, loss of the right to a residence permit, etc.);
  • expiration of the legal stay in the country.

Those who work legally have no problems with the law. A person with expired documents can be detected during an inspection by FMS employees.

Attempts to avoid deportation

You can get around the law in order to stay in Russia for 90 days by leaving the country every three months and entering again after 2 days. Some deportees draw up new documents in their homeland, changing one or two letters of a word - a name or a surname. Formally, this is a different person, it is impossible to deport a person. To eliminate this loophole, a decision was made to fingerprint those who were legally subjected to the deportation procedure.

Trying to avoid punishment, many migrants show their legal spouse in court and prove the fact that they have children from a Russian citizen. Thus, the right to cohabitation and the upbringing of children, prescribed in the international convention, is legally violated. In this case, a penalty is imposed in the form of payment of a fine without subsequent deportation.

An illegal immigrant, in order to avoid deportation, can provide a migration card with a mark on migration registration, prove that he did not violate the regime of stay in Russia, attach patents for the right to engage in labor activity. This allows us to resolve the issue of how to remove deportation from a person recognized by law as a violator.

According to the law, citizens who have applied for political asylum in Russia, or refugees from territories where hostilities are taking place, are not subject to deportation from the country. The law helps to avoid deportation to these categories of citizens, provided that the legal documents are properly executed.

How to remove deportation from illegal immigrants who are forced to stay on the territory of the Russian Federation for more than 90 days, you can find out at the trade union or consulate of a foreign state, having received competent legal advice there. Foreign citizens can avoid deportation if their lives or freedom are in danger in their home country. Their words must be officially confirmed. Professional lawyers will achieve the abolition of the deportation of these citizens. Such a violation is an exception and does not affect the safety of other citizens of Russia.

Removal of punishment

How to remove the deportation from the persons subject to it, you can find out from the FMS officer directly or by making a request on the official website of the department. The site can be accessed from anywhere in the world. Citizens who have been deported can go to the site after registering in advance and enter their personal data to check their civil status in the Russian Federation. On average, the period of deportation is determined by three years. You can find out the end of the term on the same site. It is possible to achieve the cancellation of deportation in some cases.

  1. Legal marriage with a citizen of the Russian Federation and the presence of common children.
  2. During the trial, the migrant received a residence permit or a work permit.
  3. A foreigner studies in a Russian educational institution.
  4. A tourist with an expired visa cannot leave the country due to a serious illness and treatment.

Cancellation of deportation in such cases is possible if, during the check by the FMS, the authenticity of each word of the illegal is officially established. Such a decision will help to avoid trouble for a citizen of another country in the future. In order to avoid problems with deportation, at the stage of making a decision about the desire to work in Russia, it is necessary to carefully study the migration law and the rules for being in a foreign territory.


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