Cancellation of a residence permit in the Russian Federation is a problem that no migrant wants to face.
Our lawyer will provide you with a migration consultation on any issue, solve the problem of not allowing entry into the Russian Federation, expulsion from the Russian Federation, carry out the procedure for canceling decisions on the undesirability of a foreign citizen’s stay, and also help in other migration situations.
What is the reason for cancellation?
A responsible official cannot simply cancel a residence permit. Even if for one reason or another he does not like a particular foreigner, he does not have the right to deprive a person of the opportunity to live in the Russian Federation.
All circumstances that are considered legal for refusal of a residence permit are enshrined in special legislative acts. These acts determine the position of foreign citizens wishing to live and work in Russia.
There are the following grounds for canceling a residence permit in Russia in 2021:
Some reasons for canceling a residence permit in the Russian Federation
- Committing illegal actions whose purpose is to violate the safety of citizens (this should include terrorist activities).
- The court invalidates a previously concluded marriage. This is only possible if it becomes clear that the marriage relationship was formalized only for the purpose of obtaining a temporary residence permit, obtaining a residence permit, and then Russian citizenship.
- Conducting activities that are directed against the current constitutional system. If a person openly advocates changing the Russian order, he is automatically included in the “black list”.
- The presence of particularly dangerous infectious pathologies. This point is considered controversial, but it is initially assumed that the foreigner undertakes to prepare a certificate in advance, which must indicate that he does not have HIV, tuberculosis and other diseases that are considered contagious and dangerous.
- Committing particularly serious crimes, both on Russian territory and outside its borders. The main thing is that the violation of the law that the foreigner committed must be provided for in the Criminal Code.
- The applicant has drug and other addictions that pose a serious danger to others and force the person to lead an antisocial lifestyle. This point is also disputed by human rights activists, who are sincerely convinced that such people should not be expelled from the country, but should be treated at the expense of Russian taxpayers.
- Proof that the foreigner lives solely on benefits. That is, the argument is made that he is unable to provide a decent existence for himself and his family. Persons with disabled status do not fall under this clause - they have every right to state support.
- The applicant actively encourages the development of terrorism on Russian territory. A person finances terrorist cells banned on the territory of the Russian Federation, and can also plan terrorist attacks, or provide any other assistance to organizations that conduct anti-state and anti-social activities.
- The applicant does not have permanent housing. The clause stating that the foreigner undertakes to provide himself and his family members with housing for 36 months after entry is mandatory.
- Availability of a deportation decision against a foreigner.
- Traveling outside the Russian Federation for the purpose of changing permanent residence.
- Commitment of administrative offenses by a foreigner during the last year. For his misconduct, a person is subject to administrative penalties.
- Staying outside of Russia for more than 6 months in total during a calendar year.
- Presentation of counterfeit documents to employees of authorized bodies, the content of which does not correspond to reality.
- Providing knowingly false information to employees of authorized bodies. This applies to both the applicant himself and his family members.
Whatever the reason for the cancellation of a residence permit, a person can always challenge the decision and protect his rights.
You can learn about the rights of citizens who have received a residence permit in Russia from the article on our website.
List of documents
One of the main conditions for successfully obtaining a residence permit is timely and correct submission of documents. The list above may vary individually, but you will definitely need most of the items listed:
- Statement of the established form;
- Temporary residence permit;
- 2 (for stateless persons) or 4 (for foreign citizens) photographs of 35x45 format;
- Certificate of completion of a medical examination, accompanied by a certificate of absence of HIV infection;
- Identification document of the applicant;
- Documents confirming the availability of official income and means of subsistence;
- Receipt for payment of state duty;
- A document confirming registration in rented, owned or related housing.
It is important to note that if any of the documents were issued by authorities of another state in a foreign language, you need to order a translation and have it certified by a notary.
How is the procedure performed?
In 2021, the cancellation of residence permits occurs in stages.
Stages of residence permit cancellation
First, migration service employees receive a message regarding the foreigner’s inappropriate behavior, or information comes to light that testifies against him.
A decision is then made regarding whether to conduct an inspection. The main task of the investigation is to identify the fact of an offense. Experts also collect information that proves that the act committed by a foreigner can be attributed to the circumstances provided for by Russian legislation.
The relevant decision is made solely based on the results of the investigation.
The decision is made by the leadership of the GUVM. After this, a decision is made regarding the cancellation of the foreigner’s residence permit in the Russian Federation.
Then the foreigner is given a corresponding notice, which states that within a certain period of time the violator undertakes to leave Russia voluntarily.
In total, you are given 2 weeks to leave Russia. The expiration of this period begins from the moment the decision is made. If the alien refuses to comply, a deportation order is issued. In this case, the person is deprived of the right to enter Russia for a long time.
Issuing a notification
A notification document is sent to the person in respect of whom the corresponding decision was made at the place of registration. This document contains information that his residence permit has been revoked.
The responsible employee of the Department of Internal Affairs undertakes to send a notification within one working day following the day of this decision.
Then the foreigner’s residence permit is confiscated. Next, a mark is placed in the national passport, which indicates cancellation.
How can I appeal
In 2021, a foreign person has the opportunity to appeal the decision. This can be done both pre-trial and in court.
In the first case, a person planning to obtain the status of a citizen of the Russian Federation in the future will have to prepare a written complaint. It is compiled in random order. In the text of the complaint, the foreigner must clearly justify why the actions of the Ministry of Internal Affairs officer seem to him to be unlawful. You also need to provide all available evidence of your own innocence.
The complaint is sent to the main department for migration issues.
Appealing the decision
Cancellation of a residence permit can be appealed if a person disagrees with the decision made regarding him. To appeal, you must contact the Main Department of Migration Affairs of the Ministry of Internal Affairs with an appeal to the management or with a claim directly to the court. In order not to aggravate the situation, the foreigner should leave the country within the time prescribed by law. The interests of a foreigner during an appeal can be represented by both relatives and lawyers if they have the appropriate power of attorney.
How to lift the entry ban
First of all, a person must find out the reason why he is not allowed into the territory of the Russian Federation. This can be either a serious factor associated with an outstanding criminal record, or a relatively minor one due to the incorrect spelling of his last name.
Finding out the root cause is necessary to start the procedure for lifting the ban on entry into the Russian Federation.
Circumstances conducive to lifting the entry ban
In 2021, the current state provides 2 options for lifting the ban.
Options for lifting the ban
Administrative procedure
In this case, the person will need to contact the Ministry of Internal Affairs with an application. The application must request that the applicant be removed from the database of people prohibited from entering the country.
A person may end up in this database by mistake. For example, the matter lies in the consonance of the names of a law-abiding citizen and a malicious violator.
Statement of claim for lifting the entry ban
To compile it you need:
- Decide who will act as the defendant. It may be the authority that imposed the entry ban.
- Collect all documents that can resolve the issue in favor of the plaintiff. Evidence must be admissible and sufficient.
The court will consider all factors when making a decision. Having your own home is important. This can be property owned or leased. The main condition is that it must be suitable for living.
What documents must be submitted to the court?
You also need to submit a document that can confirm the applicant’s marital status. If a foreigner entered into a marriage union on the territory of the Russian Federation, then he needs to present a marriage certificate. It can be obtained from the territorial registry office.
Marital status will be a significant factor. It confirms the need to lift the ban. This is especially true in cases where a foreign person is the only breadwinner in the family. Humanity does not matter here - the fact is that in this case the foreigner’s spouse will qualify for state benefits. Therefore, if the reason for the ban is not related to a serious offense, it will be easier for officials to admit the applicant.
If a foreigner has children born in Russia, they must also provide birth certificates.
Another serious piece of evidence will be a document proving that the foreigner has official work on the territory of the Russian Federation. This evidence confirms the source of income in Russia. This suggests that the foreigner is going to lead a law-abiding life.
Unfortunately, a foreign person expelled from the Russian Federation cannot personally attend the trial. Against this background, the interests of the applicant can be protected in court: either by a relative or by a qualified lawyer.
Protection of the rights of a foreigner is carried out on the basis of a power of attorney. This document must be certified by a notary office.
We advise you to read on our website: how to check for a ban on entry into Russia.
Video: lifting the ban on entry into Russia
Find out from the video:
- in what cases is it possible to lift the entry ban;
- how this can be done.
Deadlines for granting a residence permit and possible exceptions
Once you have successfully submitted your documents and passed the testing and medical examination, all that remains is to wait. A legitimate question arises: how much? According to current legislation, the official period for consideration of an application cannot exceed 6 months. For some categories of citizens this period can be significantly reduced:
- For qualified specialists – up to 3 months;
- For political refugees – up to 15 working days;
- For citizens of the Republic of Belarus who do not have a temporary residence permit – up to 3 months;
- For native Russian speakers – up to 2 months;
- For participants of the state resettlement program – up to 2 months.
Invalid marriage
If entering into a marital relationship served as the basis for granting a residence permit, then the dissolution of this union by decision of a judicial authority will be the reason for its annulment, regardless of the reason:
- voluntary divorce;
- divorce at the initiative of one of the parties;
- recognition of the union as fictitious, etc.
A residence permit in Russia by marriage is issued after particularly thorough checks, since fictitious relationships are not at all uncommon.
