Expired migration card - what to do to avoid a fine?

When crossing the Russian border, almost every visitor from post-Soviet countries fills out a migration card; this is done for any duration and purpose of the trip. This paper form will serve as evidence of the legal presence of a foreign person in the Russian Federation.

This is especially true for countries whose residents visit Russia using a national passport, since it does not have an entry stamp. The validity period of such a form cannot be longer than the period of legal stay in the state, therefore, if a foreigner has an expired migration card, he is considered an offender and will be forced to bear responsibility by fulfilling the punishment assigned to him.

Changes after Presidential Decree No. 364 of June 15, 2021 entered into force

1. Based on the Decree of the President of the Russian Federation No. 364 of June 15, 2021, which entered into force, from June 16, 2021 until the expiration of 90 days from the date of lifting the temporary restrictions imposed by the Russian Federation on transport links with a foreign state, the period of temporary stay in the Russian Federation of foreign citizens and stateless persons who are in the Russian Federation and have citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence in a foreign state, the periods for which such foreign citizens and stateless persons are registered at the place of stay, as well as validity periods of the visa and migration card (with the marks placed on them).
2. Until September 30 inclusive, all foreigners who arrived in Russia before March 15, 2021, and who do not have legal grounds for staying in the Russian Federation as of June 16, 2021, can contact the territorial bodies of the Ministry of Internal Affairs of the Russian Federation with an application in any form and regulate their legal status or leave From Russia.
3. The validity of temporary or permanent residence (TRP, residence permit), refugee certificates and certificates of temporary asylum for foreign citizens in Russia are suspended from June 16 to December 31, 2021 (clause 3 of Decree of the President of the Russian Federation No. 364).
4. From June 16, 2021 until the expiration of 90 days from the date of lifting the temporary restrictions imposed by Russia on transport links with a foreign state, the six-month period of stay outside Russia for participants of the State Program, HQS, holders of temporary residence permits, and residence permits has been suspended.
5. Until December 31, 2021, foreign citizens have the right to apply for a patent or enter into an employment contract for any stated purpose of the visit.

Liberation

In some cases, exemption from liability is possible. One of them is delay due to a valid reason, for example, serious illness, death of a relative or a long business trip. But you'll need proof.

If the fine was issued earlier than 7 days after arrival, it must be appealed. In all such cases, you should contact the prosecutor's office. A statement is written detailing the circumstances. If the prosecutor's office does not waive the fine, you will have to go to court.

Criminal liability also does not always occur. A person who contributed to the disclosure of this crime (for example, reported it himself) may be released from it.

The legislative framework

Mandatory completion of migration cards is regulated by Russian Federation Law No. 114 of August 15, 1996 “On the procedure for leaving the Russian Federation and entering the Russian Federation” (follow the link to the Consultant Plus website, where you can read the full text of Russian Federal Law No. 114).

On the ConsultantPlus website you can view the full text of the Federal Law

According to Article No. 25.9, every foreign citizen crossing the border of the Russian Federation is required to fill out a migration form, which is then returned upon leaving the country. Forms are issued at checkpoints or airports.

Appearance

printed on paper on both sides. One side of the form is divided into 2 identical parts (A and B). Both parts are filled out identically, that is, they contain the same information.

This is what the migration map of the Russian Federation looks like in 2021

At the checkpoint, one of them is torn off by a border guard, and the second one is stamped with a border entry stamp. The second part of the form is returned to the foreign resident.

Filling out the migration card

The form must be filled out strictly in block letters! There are special cells for each letter or number.

Basic filling rules:

• All information must be entered using a ballpoint pen with blue or black ink.
• Errors and corrections are not allowed.
• At the top of the finished form the country of entry (Russian Federation), number and series are indicated.

Step-by-step filling instructions:

• Surname.
• Name.
• Surname.
• Date of Birth.
• Floor.
• Citizenship.
• International passport number.
• Visa number (if required).
• Purpose of the trip.
• Information about the inviting person (city and address).
• Estimated length of stay.

After specifying this information, you must sign at the end of the form.

The card must be filled out before going through border control. If a foreign resident flies to Russia by plane, then cards can be issued by flight attendants on board the aircraft.

If the border crossing takes place by train, then the cards are issued by the conductors in the carriage. If a person independently crosses the Russian border by car, then he needs to take a form from a border control officer, fill it out in the customs building, and only then go to passport and customs control.

Procedure for replacing a passport

Every citizen who has not reissued a personal identification card on time is worried about the question: “What documents need to be submitted to replace an expired passport?”

The migration service provides:

• an application written by hand (you can ask an employee of the institution for a sample of the form);
• 2 color photographs;
• expired passport;
• check for payment of state duty;
• military ID, marriage certificate, birth certificate (if available);
• data from the house register;
• TIN;
• information about the current place of registration.

With rare exceptions, the authorized inspector may require additional paperwork. This applies mainly to those who changed their full name before the document expired. or gender

The procedure for re-issuing passport data is as follows:

• Preparation. At this stage, a package of required documents is collected.
• Visit to the FMS or MFC.
• Filling out the application by hand and submitting it to the authorized inspector along with the documents.
• Payment of state duty. Available at any bank, cost: 300 rubles.
• Presentation of the receipt to the migration service officer.
• Receive a notification with the date of your next visit.

The question always remains relevant: “Can I change my passport in another city?” This procedure is legal, since the re-issuance of personal documents in Russia is carried out at the place of registration, location and application. If you apply to restore or replace a document in another city, the waiting time may take up to 60 days.

Duration for which it is issued

• When entering the Russian Federation, a visa permit is required, then the card will not exceed its validity period.
• For foreign citizens with a visa-free entry permit, the card will be valid for the specified number of days for their country.
• Citizens of Belarus have the right to freely stay on the territory of the Russian Federation if they do not pose a threat to the national security of one of the countries.

That is, if a person enters the Russian Federation on the basis of a visa permit, then the form is issued for the period for which the visa was issued. If the Russian border is crossed by citizens of countries that have a visa-free regime with the Russian Federation, then the form is valid for 90 days. If a foreigner has a work patent, the card is valid in accordance with the validity period of the patent.

This is what a work patent looks like

Fines

An expired migration card is a violation of the current regime for legal entry into the territory of the receiving state. The document makes it possible to regulate migration flows and control the movements of foreigners across the border zone.

If a foreign resident has expired the card, then in accordance with part No. 1 of Art. 18.8 of the Code of Administrative Offenses of the Russian Federation (follow the link to the Consultant Plus website, where you can read the full text of part No. 1 of Article 18.8 of the Code of Administrative Offenses of the Russian Federation) a fine is imposed on him or certain sanctions are applied.

According to Russian legislation, in case of untimely renewal of a migration card in 2021, a visiting foreign citizen must pay penalties in an amount that depends on the violations: the length of the delay, the region, the uniqueness of the conditions and the maliciousness of their commission.

The fine for an expired card is usually up to 5,000 rubles.

The formation of its size is influenced by factors such as:

• whether a foreign citizen decides to legalize his stay in the Russian Federation independently and the measures taken for this;
• the period of expiration of the migration card and the existence of malicious intent in this action;
• Are there any exculpatory circumstances that influenced the delay and the impossibility of timely self-referral to the relevant authorities.

In one of the four regions, in case of such negligence, you will have to pay an increased penalty of up to 7,000 rubles. These are: the capital and the region, as well as the St. Petersburg region.

If the violation of deadlines is not the first in the last year, the foreigner will also have to pay an amount from 5,000 to 7,000 rubles.

If at least one of the following requirements is violated, the punishment will be the administrative expulsion of foreign citizens, that is, forced departure from the country:

• illegal actions contrary to the law in the Moscow and Leningrad territories;
• false indication of the purpose of the trip when filling out the card, this applies, in particular, to illegal employment in the country, therefore, when entering information into the migration card, it is important to indicate the real purpose of staying in the country;
• repeated offenses of varying severity.

In Russia, as a means of expelling a foreigner from the country, the possibility of independent departure under the control of the relevant authorities is most often used, since deportation is a rather expensive undertaking.

That is, within the period established by the Main Directorate of Migration Affairs of the Ministry of Internal Affairs, a person must leave the state independently of his own free will. However, if a foreigner is a person who has repeatedly violated the country’s migration legislation, he will be subject to forced expulsion from the Russian Federation with a ban on subsequent entries.

At what age is replacement necessary?

According to Russian law, a citizen must apply for a new passport at least twice throughout his life: at 20 and 45 years of age. This is due to the fact that a person’s appearance acquires new features as they grow older (aging), and by the age of 40, the face can change beyond recognition.

In this regard, many people ask the question: “Is an expired passport considered valid or not?” The Russian one loses its effect if the owner does not replace it in time. With such a document it is impossible to make financial transactions, travel by train (by plane) across the country, get married, etc. The fine for an expired passport is the same - both 20 and 45 years. Citizens who fail to obtain a passport on time at the age of 14 are also subject to a fine.

Entry ban

In January 2015, Russia established new penalties for persons who commit violations of the migration regime.

• A ban on visiting the territory of the Russian Federation for a three-year period is received by foreigners whose migration card has expired from 1 month to 180 days.
• Violators of up to 270 days will not be able to enter Russian territory for 5 years.
• Those who illegally stay in the country for a year or longer will receive a ten-year entry ban.

Violation of registration rules

Punishment is imposed in the following cases:

1. Registration has not been completed.
2. Its term has expired (or the validity period of the temporary residence permit or temporary residence permit).
3. The documents are lost and cannot be submitted for restoration.
4. Registration is fictitious.

If personal data changes, you must notify the migration department within three days. To do this, write a statement in free form.

Deputy Head of the Federal Migration Service of Moscow P. B. Sofronov

Who can extend the possibility of legal stay

If your migration card has expired, it is unlikely that you will be able to avoid serious troubles due to violation of migration laws, so it is better to think in advance about legalizing your status on Russian territory. There are several options for this:

1. The best way to extend your stay legally to 3 years is to obtain a temporary residence permit in Russia (TRP). The procedure for obtaining it is quite complicated, but the result is completely justified (and a sample of filling out the application).

   This is what the RVP stamp looks like in a Ukrainian passport

2. Temporary migrant status. The method is suitable for residents of Eastern Ukraine and other countries in which military conflicts exist in 2021, and a timely return to their homeland poses a threat to the life of the migrant. Obtaining temporary asylum in Russia is quite simple and does not require preliminary submission of documents, and the status is assigned for a period of up to 5 years.

   This is what a certificate of temporary asylum looks like

3. Re-entry into Russia. This means crossing the border at the end of the period and returning back to receive a new migration card for the next three months. This option is available to residents of those countries that do not have a 90-day limit every six months. This is the majority of the CIS countries and territories located in the border zone. The disadvantage of this option is that it makes the process of obtaining the right to work much more complicated, and the financial costs of crossing the border can be quite significant.
4. A foreigner also has the right to apply for Russian citizenship. To do this, you need to provide a package of documents and renounce citizenship of your native country. The easiest way in this sense is for military personnel who are ready to enter contract service in the Russian army for 3 years; this category of migrants is automatically granted the right to obtain citizenship.
5. Signing an employment contract with a Russian employer gives the right to stay in the country for a year. But for this, a foreign citizen must have a patent issued, which gives him the opportunity to conduct professional activities in the Russian Federation.
6. Enrollment in an in-patient course at an educational institution in the Russian Federation gives the right to extend your migration status.

For residents of regions of Ukraine in the ATO zone, simplified conditions for renewing a migration card are currently in effect. According to the decision of the Russian government, immigrants from these regions only need to contact the Main Migration Department of the Ministry of Internal Affairs in order to freely extend the period of validity of their migration card.

For all other Ukrainians, general provisions apply for crossing the border of Ukraine with Russia, that is, once every six months for 90 days.

Even more favorable conditions have been established for residents of Armenia, the Kyrgyz Republic, Kazakhstan and Belarus. They do not need to fill out migration cards if they plan to visit Russian territory for a period not exceeding 30 days.

They also will not need to obtain a work patent, and the period of stay in the host country is limited by the employment agreement with the employer.

Many people do not know what to do if their migration card has expired, and circumstances do not allow them to temporarily leave the state, and there is no opportunity to use one of the above methods.

In such cases, it is recommended to pay off the penalties and submit documentation for renewal. At the same time, there is a high probability that under these circumstances the foreign citizen will have to leave the country.

But if you choose between voluntarily applying to the Main Directorate of Migration Affairs of the Ministry of Internal Affairs and paying a fine directly upon departure, the difference is that with the second option there is a possibility of finding out about the ban on entry into the country the next time you cross the border. Therefore, it is better not to lead to unpleasant consequences and take care of renewing your migration card in advance.

Fictitious registration

When registering a legal stay in the country, the address of stay is indicated. If the foreigner does not live in this place, the registration is considered fictitious. This is a criminal offense described in Article 322.2 of the Criminal Code. Punishment may be a fine, forced labor or imprisonment. It is imposed on the owner of the property who has registered a temporary stay. The legislation does not contain strict criteria for fictitiousness, but in practice they can be as follows:

1. Registration of too many visitors, without observing the accounting norm of area per person. It varies depending on the region. For example, for Moscow it is 10 square meters.
2. Unsuitability of premises for habitation.
3. An insignificant share in home ownership (one hundredth, one thousandth).

Extension

You can avoid punishment for an expired migration card if the step towards renewal is made in advance. It is advisable to take care of the extension a week before its expiration by going to the Main Department of Migration Department of the Ministry of Internal Affairs with a package of documents including:

• statement about the need for extension ();
• a copy of the documentary basis for extending the visit - an employment contract, a certificate from an educational institution, confirmation of the start of the procedure for obtaining a temporary residence permit, and others;
• copy of migration card and passport.

And also if there are good reasons for delay, administrative penalties can be avoided. Mitigating circumstances include:

• illness of the migrant or his host;
• any significant reason for the impossibility of contacting the GUVM in a timely manner.

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When contacting the migration service with such a question, you need to know that this can only be done if the facts of the existing circumstances are documented, you will need to submit all the necessary certificates and certificates in order to exclude the GUVM employee from having any doubts about the veracity of these circumstances.

Some foreigners want not only to extend their stay, but also to obtain Russian citizenship.

If all submitted documents and grounds satisfy the requirements of migration control, it is likely that the response to the request will be positive and the foreigner will be able to remain on Russian territory for the next period.

But we must not forget that even an independent appearance at the Main Migration Directorate of the Ministry of Internal Affairs of Russia in the presence of delay cannot be a mitigating circumstance and influence the assignment of penalties.

Is it possible to avoid punishment?

If a foreigner plans to stay in Russia for a long time, then he must study the rules of registration in the state in advance. If he does not complete the required actions within the prescribed time, he will have to face punishment in the form of a fine or other unpleasant consequences.

You can avoid punishment only if there are compelling reasons, for example, if you are in hospital with a serious illness. But for this you need to obtain an appropriate medical certificate.

Application for extension of temporary stay

Statement

I ask you to extend my period of temporary stay in the Russian Federation until “____” __________ 20__ on the basis of _______________________________________________________ series ____ No.____________ valid until ____ _______20__

I provide the following information about myself:

Residence address

date

Signature

Extension without the need to travel

There are several ways to extend a migration form without having to leave the Russian Federation:

• Receiving a temporary residence permit.
• Obtaining refugee status.

  This is what a refugee certificate in the Russian Federation looks like

• Obtaining a patent.
• Obtaining citizenship or submitting an application for assignment of the status of a citizen of the Russian Federation.
• Admission to a higher education institution.

Upon receipt of the temporary residence permit, the form is extended for 60 days. If a foreign resident enters a higher educational institution, the card is extended for the entire duration of his studies.

Upon concluding an employment contract, the card is extended for a year. To extend the extension, the employer draws up a petition and sends it for consideration to the Main Department of Migration Affairs of the Ministry of Internal Affairs. In addition to the application, an employment contract and registration of a foreign resident must be attached.