The Federal Migration Service is considered the main agency that monitors issues related to the stay of foreign citizens on the territory of the Russian Federation. The competence of the Federal Migration Service, or FMS, includes regulating issues related to illegal migration, registration and placement of people in the country, as well as checking the documents of foreigners. There are a number of grounds for verification, and if a foreign person is in the Russian Federation illegally, he will be fined, and may also be subject to deportation from the country.
Features of migration policy in the Russian Federation
According to the law, in Russia there are several regulations and features regarding migration policy. For example, the state is constantly looking for new ways and approaches to simplify the procedure for entering the country. Recently, the government introduced a bill to simplify the process of obtaining entry permits for certain categories of foreigners. It is proposed to reduce the processing time for applications for a residence permit from 6 to 4 months.
Over the past few years, laws have been signed to regulate the labor activities of foreigners, which has led to an increase in the flow of migrants. Residents of Tajikistan and Uzbekistan began to work in Russia legally. The large influx of migrants has provoked the need to constantly check documents for their authenticity.
Migration registration: rules
Regardless of whether a foreign person arrived with a visa or a visa-free regime, each of them is registered in a special database. In order to legally stay on the territory of the Russian Federation, every foreigner must go through the registration procedure. There are several rules:
- upon entering the country, a foreigner receives a migration card;
- at the border, the receiving party fills out a special form and sends it to the Ministry of Internal Affairs in person or by mail;
- the department is required to verify the identity of the arriving foreigner and then give him permission to stay in the country;
- the permit is issued for 90 days.
To register, a foreign person must have a passport, a migration card and a visa, if required. It is also necessary to have copies of all listed documents.
How to check the authenticity of a passport?
Fraudsters re-stick it on a stolen or lost document. When viewed, a fake is noticeably different from the original, as traces of glue and deformation will be noticeable.
- Partial replacement of pages.
They expand the book block, change the sheet or remove the lamination, and then glue a new photo.Probably, scammers choose a simple but crude method of forgery and replace some sheets from one document with others.
- Three-tone “RF” watermarks on all pages. They are noticeable when holding the book block up to the light.
- Through UV radiation you can see the words “Passport”, “Russia”, “Place of residence”, “Ministry of Internal Affairs of Russia”.
You can check the authenticity of a Russian passport by looking at its security elements, some of which can be seen visually.
The main signs include the following:
Methods and grounds for legal residence of foreigners in Russia: documents
There are several ways and grounds for the official residence of foreigners on the territory of the Russian Federation:
- resident card;
- RVP;
- work permit.
If a foreign person has received the listed documents, then they can stay in the country legally. At the time of registration of these papers, the foreigner is issued a certificate stating that he is in a state of waiting for a document and can officially reside in Russia. According to the established procedure, these deadlines can be extended or shortened.
Who finances the deportation
Expulsion from the country is carried out at the expense of the following persons:
- foreigners subject to deportation;
- the person who invited the offender to the country;
- the embassy of the state of which the deported person is a resident.
If, even after checking, there is no information about the inviting party (it was not possible to find out), and the foreigner subject to deportation does not have sufficient funds to move, the costs will be borne by the territorial branch of the Federal Migration Service of the Russian Federation. Funding comes from the budget of the Russian Federation.
Verifying the authenticity of documents of a foreign citizen: methods, grounds for verification
There are several main reasons why officials from the Ministry of Internal Affairs may look at a foreigner’s documents. This includes transactions with movable and immovable property, interactions on the labor market - when applying for a job, as well as during personal communication. The last reason involves checking a person’s documents for the presence of a fictitious marriage. The most common reason is checking entry and exit permits.
To check an entry ban, you can use the online service on the FMS website. All you need to do is follow a few simple steps:
- Go to the official website of the department.
- Go to the “Migration Services” tab.
- Select the required type of verification - the validity of a passport for staying in the country, the validity of employment documents, the validity of invitations to enter.
Then they enter the code and series of the passport; a black list of invalid passports that are not considered a basis for staying in the country will open on the screen. If a foreigner recognizes his document, then it is necessary to take measures to legalize his presence in the Russian Federation.
Documentary check by the migration service of the Main Migration Service of the Ministry of Internal Affairs
Typically, a documentary inspection of an inspection body is carried out on the basis and with the mandatory availability of all necessary documents, as well as information received directly from other inspection organizations, as well as from their personal “channels” and sources of information, without inspectors visiting the site being inspected.
The period of such an inspection of the employer by the Ministry of Internal Affairs cannot exceed 1 month, but it can be extended for another month by the official who ordered the inspection, if there is such a need.
Entry ban into the Russian Federation for foreigners
Checking documents of the Federal Migration Service for authenticity of foreign citizens is often associated with a ban on entry into Russia. The use of fake passports and concealment of important information is punishable by law, so it is not recommended to use such methods to enter the territory of another country and try to hide your citizenship. The authorities pay special attention to checking the passports of Tajiks, Uzbeks, Tatars, as well as other representatives of neighboring states.
For what reasons can entry be denied?
According to current legislation, it is possible to prohibit staying and entering the territory of a state for several reasons:
- when a foreigner provides false information about himself and data from his biography;
- there is an outstanding criminal record or the criminal record has not been expunged;
- there was administrative liability more than once;
- there was deportation from Russia for violating the order;
- there is no issued insurance policy;
- sanitary customs norms were violated.
Document checks by the Federal Migration Service for foreign citizens can take place directly at the border. Then the border service makes a request to the Ministry of Internal Affairs and checks the identity of the foreign person online. The agency has the right to deport a foreigner if there are legal grounds for this.
Notifying foreigners about restrictions
If a person violates the rules once and crosses the border with Russia, then he is issued a notice. It arrives by mail at your place of residence or, if you have email, at the specified address. If the border crossing was carried out a second time not according to the rules - there was an entry ban, then more serious measures are taken.
Before checking for a ban on your entry, it is better to familiarize yourself with all types of restrictions. For example, when crossing borders again, subject to restrictions, the state has the right to expel a foreigner to his homeland with a subsequent ban on entry into Russia.
How to find out the duration and reason for the restriction
To independently find out about the reason and duration of restrictions issued at the airport or at the border with the Russian Federation, you can submit an official request to the Ministry of Internal Affairs. The application must specify the requirements in a business form of presentation of the text. You can send a request via the Internet; it is important to compose the letter correctly. The text must indicate the date of application, as well as a request to explain the reasons for the restrictions and the duration of their validity.
After the response is satisfied, and also when it is known which agency imposed the ban, you can apply for the lifting of the restrictions. Usually the ban is imposed by bodies such as the Ministry of Internal Affairs, the FSB, the Ministry of Justice, the Defense Service, the Migration Service, the Ministry of Foreign Affairs or consumer supervision.
Official request to the Ministry of Internal Affairs
How to find out about lifting the ban
If the deadline is approaching according to which the authorities can lift the entry ban, you can independently check the exact date. It happens that the restriction period has come to an end, but there is no mark in the database. Then the foreigner will still be denied entry. To do this, you need to write an official request to the FSB website for information about the deadlines.
Processing a request usually takes up to 30 days, but these times may vary due to the workload of the department or the length of time it takes to verify the identity of the applicant. The finished result is sent to the applicant’s email.
Grounds for conducting a documentary audit of a company
The grounds for ordering a documentary check of the organization of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs are:
- obtaining information about possible violations of migration legislation;
- if there are already violations under any points of law.
Thus, the inspection is carried out on the basis of an order to conduct it. The order must contain the following information:
- name of the organization of state control (supervision);
- Full name, position of those authorized to conduct the inspection and full name of the experts involved in the inspection;
- organization of inspection. If the object of the inspection is a legal entity or individual entrepreneur, indicate the name of the organization, details and full name of the manager;
- goals, objectives, subject of the inspection and the period for its implementation;
- date and individual number (assigned by the main inspectors);
- the grounds for this inspection;
- list of documents necessary to achieve the goal;
- end date of the inspection of the migrants' employing company.
Checking the existence of grounds for not allowing entry into the territory of the Russian Federation
If a foreigner has violated the law in the host country, most likely he will be denied entry into its territory. To check the basis for the ban, you can visit the official Internet resource of the Federal Migration Service, where the request is sent. You can also use the State Services portal.
List of grounds for a ban on entry into the Russian Federation
The Migration Service has the right to add the identity and data of a foreigner who has violated the law to a special “black” list. Upon subsequent verification of documents, information will immediately appear that the passport is on this list and there is an entry ban. The main reasons for determining the ban:
- violation of the period of stay in the visa-free regime - more than 90 days;
- unauthorized stay in the country for 270 days;
- working patent expired;
- prosecution for an administrative violation with a police report;
- providing incorrect data;
- violation of sanitary requirements when crossing the border;
- forced deportation;
- refusal to register in the country;
- evasion of taxes and government duties.
This also includes submitting an incomplete package of documents at the time of crossing the border. If a foreigner looks suspicious, the first thing the border service will do is check his documents, so if there is no reason to worry, you need to behave naturally. The presence of certain documents, executed in accordance with all the rules, will allow you to officially remain in the country.
Checking foreigners and stateless persons for grounds for prohibiting entry into the Russian Federation
To check for yourself whether there are grounds for an entry ban, you can use several methods:
- online on the official website of the FMS;
- through the Federal Migration Service with an official request.
In the first case, you need to go to the organization’s website, leaving a request in the appropriate section. In the second case, a personal visit to the office in the area where the person lives will be required. When preparing your request, you can use the help of lawyers.
Form for checking the presence of grounds for refusal to enter the Russian Federation through the Ministry of Internal Affairs
To check for entry bans, you need to go to the official website of the department and fill out the form. It contains information such as the applicant’s personal data – passport series, last name, first name and patronymic. When all fields are filled in, the portal will allow you to send a request.
It is also necessary to indicate gender, date of birth, citizenship and type of document being verified. This can be a biometric passport, a standard foreign passport or a national passport. It is also necessary to indicate the country and organization that issued the document.
Online check for a ban on entry into the Russian Federation
It is known that in 2006 some transformations took place in Russia, and the FMS was transferred under the control of the Russian Ministry of Internal Affairs. Having a passport, each person will be able to check the validity of the document for entry into the Russian Federation. After going to the website, you need to fill out all the fields of the form that opens and click the “Submit” button. You will be required to enter a security verification code before submitting your data.
The result is ready within a few minutes. The notification received will indicate whether there is a ban, its basis and the duration of its validity. Any foreigner can check the information: Georgians, Chechens, Ukrainians, Armenians, Germans, as well as residents of Europe, Moldova, USA, China, Korea, CIS, Turkmenistan, Kyrgyzstan, using a translator and having a foreign passport.
Checking the FMS database for a ban
Before checking whether a person has been deported from Russia and whether a ban on subsequent entry into the territory has been imposed, you must take documents and go to the FMS. The average user does not have access to this database, so you will have to make a request or personally visit the FMS office.
If a person is on the unified list of persons prohibited from entering Russia, then he cannot cross the border, he will be refused. If the program has found this passport, and the notes indicate the grounds for the ban, then you should contact the department for clarification, otherwise entry will be denied and voluntary deportation will occur.
Stages of conducting an on-site inspection of the Main Department of Migration Affairs of the Ministry of Internal Affairs
As a rule, an on-site inspection has 5 stages: At the first stage, the inspection authorities get acquainted with a representative of the inspected organization, provide documents, show certificates and a decision to conduct an inspection, signed directly by the head of the inspecting organization.
At the second stage of the inspection of the Main Department of Migration Affairs of the Ministry of Internal Affairs (FMS), the inspecting inspector requests the documentation of the organization or individual entrepreneur necessary for the inspection. The third stage of the inspection takes a fairly long period, during which the inspection organization processes all the documents provided to it regarding the migration registration of employees at the site. The fourth stage is to write an act upon the fact of conducting an inspection at this facility.
This action is carried out directly by the chief inspector, and he must put a stamp, signature, and exact date and time on all documents. The final stage of the audit - the head of the organization, together with the accountant and HR specialist, familiarize themselves with the result of the audit and draw up objections, if any.
If the manager does not agree with the results of the audit of the company by employees of the Main Department of Migration of the Ministry of Internal Affairs (FMS), then the sixth stage can be included in this list - preparation of documents for the arbitration court.
An inspection of an employing company is considered legal if, before conducting it, the controllers of the inspection services provide the following documents:
- The original document of the order to conduct the inspection together with its copy, which is handed to the head of the inspected legal entity or individual entrepreneur on the day of departure to the inspected facility with a receipt stamp;
- Service ID of a migration service employee.
In addition, even before the start of the inspection, representatives of the organization being inspected must be familiarized, against receipt, with the procedure for conducting the inspection, as well as with their rights and obligations. If the head of the company is not familiar with these rules, then the inspection inspector is obliged to voice all the nuances of the inspection.
Why do you need an entry ban check?
You can check the ban on entry and deportation from the country via the Internet. If you do not have the skills to use a computer, you can contact us by phone listed on the website. Passport verification is required for all citizens planning to come to Russia temporarily. To avoid any questions while in the country, it is recommended that you provide your details and make a request yourself.
Often bans are imposed on people who were refugees from Russia because they left the state for political reasons. When checking on the site, it is important to avoid mistakes, as the system may fail. To begin with, it is better to determine what information is needed, and then enter it correctly in compliance with the established order.
Risks when using intermediaries
Due to the fact that the process of temporary registration itself takes a lot of time, some migrants prefer to turn to intermediaries for help. But in this case, they need to be careful, since there is a possibility of running into an unscrupulous company that will issue a false document. And at the same time he will ask for a lot of money for his “help”. To reduce the risk, you need to first collect information about the company:
- period of stay on the services market;
- reputation;
- customer reviews;
- validity of licenses.
If, in the process of monitoring information about a company, a potential client suspects that it is dishonest, then the best decision would be to refuse cooperation.
Contact a lawyer with questions regarding the Federal Migration Service of Russia: free hotline
If it is not possible to contact the FMS using Internet resources, you can use the telephone numbers presented on the department’s website:
- In Moscow and the Moscow region: +7 (499) 653-60-72 ext. 644;
- For St. Petersburg and the Leningrad region: ext. 579.
There is also another federal telephone number: people from other regions can contact here ext. 497. Legal assistance is provided to citizens of Russia, as well as to foreigners wishing to move to the country. You can use the simplified form to contact us anonymously and write a message on the department’s social networks - this way the answer will come faster:
- VKontakte - https://vk.com/ufms_msk;
- Facebook - https://www.facebook.com/pages/Office-FMS-Russia;
- Instagramm - https://www.instagram.com/explore/locations/513348595/.
If applying through social networks, the applicant does not need to wait in line, since the answer will come soon.
How to protect an employer from inspections by the Central Internal Affairs Directorate of the Ministry of Internal Affairs?
Despite all the problems with migration accounting when using migrant labor, the benefits of working with foreigners are obvious for both large and small enterprises.
Therefore, Russian companies are striving to recruit foreign workers in low-skilled specialties and at the same time are looking for ways to solve problems associated with the legalization of migrants, their official registration, as well as personnel and tax accounting associated with them. The most relevant and new solution to this problem is to resort to outstaffing, since the removal of an employee from the company’s staff removes from the employer all the risks and problems associated with the registration and management of a foreign employee. That is, if you transfer migrants from the staff of your organization, their official employer becomes an outstaffing company, which means:
- You are not the employer's responsibility for them, since the employees are employed by another company.
- You are not listed in the register of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs as a company that employs migrants.
- You are not afraid of any migration checks.
- You save significantly on taxes.
- You do not need to employ an additional accountant, HR specialist and courier.
You can find out in more detail about how to protect your organization by transferring foreign workers to the staff of your company, as well as to relieve yourself of all the risks and threats associated with the use of foreign labor, from our specialists, since the goal is to protect employers from illegal use of migrant labor and simplify their tax and personnel records.
Online verification of foreign citizens on the website of the Federal Migration Service of Russia: procedure algorithm
On the FMS website, the user will find a section where you can send a request to find out if there is an entry ban. To do this, you must fill out all the fields presented on the page. There are several nuances when filling out:
- the first and last name must be indicated in two languages – Russian and Latin;
- patronymic name is indicated in Russian;
- in the “Citizenship” line you must correctly select your country of origin from the list;
- in the “Document Type” column you need to select which passport is used to obtain information;
- in the “Document number” column you need to indicate the series and code of the passport.
It is also important to indicate the validity period of the document and the country that issued the passport. This is necessary for a more thorough verification of information and a quick response.
What to do after an inspection by the Main Directorate for Migration of the Ministry of Internal Affairs (FMS)? Procedure for appealing an inspection
The inspected party has every right to appeal against decisions and actions of inspectors made or carried out based on the results of an inspection of the FMS company (GUVM Ministry of Internal Affairs), both pre-trial and in court. To make a pre-trial appeal, you must submit a complaint to a higher official of the Main Department of Internal Affairs of the Ministry of Internal Affairs. This document should indicate:
- address, name of the superior structure, as well as full name. and the position of the person to whom the complaint is sent;
- FULL NAME. and address of the entrepreneur’s organization;
- time and date of inspection;
- number and date of drawing up the act;
- references to violated laws;
- your justification for the complaint, etc.
The application may be accompanied by both documents or copies thereof, and documents that confirm the applicant’s arguments.
This appeal must be considered by the FMS within thirty days, which is counted from the moment of registration of the application. Please note that this period can be extended, but not more than 30 days. However, most often, if controversial situations arise, they are resolved in court, and the main thing here is not to miss deadlines.
Thus, applications to recognize non-normative legal acts as invalid, decisions and actions (inactions) as illegal can be submitted to the arbitration court within three months from the day the organization became aware of the violation of their rights and legitimate interests (clause 4 of Article 198 of the Arbitration Procedure Code of the Russian Federation) .
But to appeal a decision in a case of an administrative offense, only 10 days are given from the date of receipt of its copy (clause 2 of Article 208 of the Arbitration Procedure Code of the Russian Federation). If these deadlines are missed for a valid reason, you can file a petition for their restoration.
Ban on entry into the Russian Federation for deported foreign citizens and stateless persons
Deportation is administrative in nature and is used in all countries as the forced removal of a citizen of another country from the territory of the receiving state. Today you can check your deportation on the FMS website by entering the appropriate data in the fields provided for this. Citizens of other countries can be deported for a variety of reasons related to various violations. Before you independently find out about the deportation of a foreign citizen, you need to receive a notification at the specified address or via email.
At the end of the deportation period, the foreign citizen can re-enter the territory of the host country. Also, the receiving state can hold an amnesty and cancel its decision early. If the ban continues due to serious violations of the Administrative Code, the person will not be able to enter Russia.
How much will you have to pay after checking the Main Department of Migration of the Ministry of Internal Affairs (FMS)?
In very rare cases, inspection authorities do not find any gross errors during inspections. But what threatens employers and their organizations for gross violations of migration laws can be clearly seen in the table below:
Violation | Fine | Suspension of the company's activities (+/or alternative to a fine) |
The company employs foreigners without permission (patent), or the work performed does not correspond to the data specified in the patent | 250-800 thousand rubles | 14-90 days |
There is no permission to attract foreign workers | 250-800 thousand rubles | 14-90 days |
The company did not notify the FMS about the conclusion/termination of an employment contract or civil contract with a migrant or missed the due date | 400-800 thousand rubles | 14-90 days |
The above violations committed in the Moscow or St. Petersburg regions | 400 thousand - 1 million rubles | 14-90 days |
The company did not notify the migration authorities about the payment of wages to highly qualified employees, if such notification was required by law | 400 thousand - 1 million rubles | No |
It is worth noting that the fine is imposed for each employee. Therefore, if you have 25 migrants working for you and you grossly violated all the rules, then in the worst case scenario you will need to pay a fine of 25 million rubles, a million for each illegal immigrant.
Grounds and terms of deportation
An online check of the deportation of foreign citizens always gives a result that indicates the timing and grounds for making this decision. The grounds for deportation are:
- violation of the terms of stay in the Russian Federation;
- violation of working conditions in the territory;
- inconsistency with the purpose of arrival;
- violation of state laws;
- expiration of the passport;
- illegal relocation to Russia.
Often a foreigner is deported immediately after being released from prison - some organizations propose to register such people illegally, but this is punishable by law. The terms of deportation vary: if a foreigner is banned for minor violations, the period will be 3 years. The deportation period will end after 5 years if the violations were numerous. For serious, repeated violations, this period will be 10 years. You can check your deportation yourself in the unified database of the Ministry of Internal Affairs using a request.
Ways to avoid deportation
Not all foreign citizens living in Russia are subject to deportation. The best way to avoid deportation is to comply with the law. If a person follows the registration procedure, renews permits in a timely manner and does not violate the law, then the authorized bodies will have no reason to open a case.
If the decision on deportation has already been made, whether by the Main Department of Migration or the court, then the only thing that can be done is to appeal it. The right is exercised in a higher authority of the department that made the decision.
To appeal, it is necessary to prepare a package of documents and collect evidence reflecting the legality of being in Russia or not being involved in a particular offense. It is recommended that you hire a lawyer for this procedure.
If a foreign citizen has exceeded the permissible period of stay in Russia and is facing deportation, there are several reasons why they may be accommodated and given additional time to resolve the issue with documents. Mitigating circumstances include:
- There are close relatives - citizens of the Russian Federation who live permanently in our country. These include spouses, children or parents.
- There is documentary evidence of employment.
- A temporary residence permit or temporary residence permit has been issued.
Sample note about temporary residence permit
This is what a residence permit looks like in Russia - A person in Russia is undergoing treatment and the course is paid for in advance.
Let us note that each specific case is considered individually, so it cannot be said that a foreigner married to a citizen of the Russian Federation is not guaranteed to face deportation from the country.
How to lift the ban on entry into the Russian Federation
The first thing that needs to be done to lift the ban is to find out the reason for such a decision, if it is unknown. To lift the ban, you must contact the judicial department or the FMS. Knowing which authority established the ban, you can fill out an application and submit it to the court. You can fill out the application yourself or ask a compatriot, having resolved financial issues and made a power of attorney for him. You can hope for an amnesty only if the FMS employees made a mistake when making a decision, and also if the applicant is studying in the Russian Federation or has close relatives here. Some foreign citizens believe that if they buy their home under the renovation program on the territory of the Russian Federation, this will help lift the ban, but this is not so. All cases are strictly regulated by law.
How to behave when checking the GUVM of the Ministry of Internal Affairs (FMS): procedure for checking the GUVM of the Ministry of Internal Affairs
- Say hello politely and, if possible, turn on the recorder. It is better to do this openly so that the inspectors can see your actions. They are already accustomed to such actions and consider them completely acceptable, especially since the secret recording cannot be used later.
- Be sure to ask to see all documents, especially identification, then write down all their data.
- Ask to see the inspection order and make a copy for yourself.
- Compare the names of the inspectors and the names indicated in the resolution.
- Ask the inspection officer to present the checkbook.
- Check that the regulation is correct and ask for the manual number in case of any problems.