How to deport a person from Russia anonymously: for whom and for what, how deportation occurs

Whatever our citizens think about the state of the Russian economy, objectively the Russian Federation is attractive for migrants from the countries of the post-Soviet space. And deportation from Russia is the last thing these people would like to face.

Nevertheless, they collide. And often - in 2021, about 200,000 thousand people were deported or expelled from the country.

Both individuals and entire groups are subject to deportation/refoulement. Both actions pursue the same goal - the removal of undesirable subjects from the borders of the state.

But questions arise. What exactly makes a person an “undesirable subject”? Is there a reliable defense against expulsion? Is it possible to cancel an already made decision of the migration authorities? Our material is devoted to these issues.

What is deportation of foreigners: concept, types and differences from expulsion

The legislative framework of the Russian Federation defines the understanding of the term “deportation”. It means the expulsion of one foreign citizen or group of persons outside the country.

It is important to understand that deportation cannot be applied to a Russian citizen. The laws state that persons who have Russian citizenship cannot be expelled from the country. This is contrary to the articles of the constitution.

Migration authorities do not divide deportation into types. But it is conventionally accepted to classify it as:

Voluntary;
Forced.

In the first case, a foreign citizen, after receiving notification of a court decision regarding his person, leaves the country within the prescribed period. In the second, FMS officers come for him and keep him under guard until he is sent home.

There is often confusion between the concepts of “expulsion” and “deportation.” Both of these involve organizing a foreigner’s travel outside the country. But in essence there are a number of differences between these terms.

Expulsion is considered a preventive measure for violations of state laws and has the following characteristics:

The decision is made immediately after it is made;
The appeal takes place within 10 days;
The decision to expel is most often made as part of a criminal case.

Deportation is ordered when the migrant has violated the migration regime. The distinctive features of this procedure are:

Execution of the decision within five days;
Permission to appeal deportation within 90 days;
The only responsible person is the FMS.

Persons who are not subject to deportation

As with any rule, there are exceptions, the legislation of the Russian Federation provides a list of citizens who cannot be forcibly expelled from the country:

First of all, this concerns citizens of the Russian Federation. They cannot be deported under any circumstances, since this is a direct violation of constitutional norms;
diplomats, consular representatives;
refugees;
persons who have applied for political asylum.

Why they can be deported from Russia: grounds, preferential categories of citizens

Possible reasons for deportation from the Russian Federation

Deportation may occur due to:

violations of rules for migrants;
violation of the regime of stay in the country (for example, inappropriate behavior, being on the international wanted list, etc.).

According to the data provided in the statistics of the Federal Migration Service, today more than 200 thousand citizens of various countries will be expelled from the Russian Federation.

The stay of foreign persons on the territory, their rights and obligations are regulated by the existing law “On the stay of foreign citizens in the Russian Federation”. It specifies the terms of possible stay on the territory of the Russian Federation, as well as legal ways to extend these periods.

How foreign citizens and stateless persons are deported from Russia

Deportation procedures vary depending on whether the migrant is in hiding or not. If, after receiving a deportation notice, a foreigner voluntarily leaves the country (within 5 days), then at the border he will simply be stamped with a subsequent ban on entry into Russia. It is placed on the migration card and duplicated in the passport.

In a situation where a migrant refuses to return to his homeland, FMS employees begin searching for him. After detection, the foreigner is taken into protective custody.

The procedure for deportation is as follows:

Confinement without the right to leave in a special room (with all living conditions);
Catering and medical care;
Escort to the border;
Placing a stamp on the ban on return to the country;
Transfer through passport control.

After this, the foreigner will receive a paper describing the consequences of illegally crossing the border before the expiration of the due date. Anyone who decides to break the established rules and enter the country will be prosecuted by law. The migrant will bear not only administrative, but also criminal liability.

All expenses for returning home are borne by the migrant himself. If he does not have enough funds to pay for his maintenance and travel, then the expenses will have to be paid by:

The deportation procedure, its features

Deportation is one of the methods of government influence. It is regulated by Federal Law No. 115-FZ of July 25, 2002. Unlike deportation, this procedure is not a method of punishment for a crime.

The deportation order is adopted by the Ministry of Internal Affairs for Migration Issues. Then the foreigner is personally notified of the decision made and a written obligation is taken from him to leave the country. If a migrant does not respond to the order, he may be placed in a special facility and forcibly deported after a court decision.

Reasons for deportation

Reasons for deportation may include:

entry into Russia using false documents;
refusal to grant refugee status;
the undesirability of a foreign citizen being in Russia;
loss of legal grounds for staying in the country.

Before deportation, there may be “ undesirability of staying in the Russian Federation .” This decision is made by special government bodies. A foreign citizen is given a period of 3 days to leave the country.

In the first three months of 2021, 1,345 people were deported from Russia. Photo flickr.com

Then, if the requirement is not met, the migrant is deported. There are situations when a decision about the undesirability of staying in the Russian Federation is made unreasonably, which violates the rights of a foreign citizen.

Who is immune to deportation?

Employees of consulates and embassies;
For refugees and those who have applied for political asylum;
Those who have lost refugee status, but are unable to return home for reasons beyond their control (war, epidemic, racial and political persecution).

At whose expense is the deportation carried out?

Deportation can be paid for by:

a foreigner himself;
organization or individual who issued an invitation to a foreigner;
diplomatic mission of a foreign state;
various public organizations.

If none of the above can pay for the deportation, then the funds are allocated from the Russian budget.

How to cancel deportation and return to Russia

It is best to remove deportation with the help of a migration lawyer. 10 days are given for this. The lawyer collects the grounds that a foreigner cannot leave the territory of the Russian Federation.

The most common reasons cited are:

Presence of close relatives with the status “Citizen of the Russian Federation” (confirmation of relationship is required);
Belonging to preferential categories.

In addition, the following grounds are considered valid:

Treatment;
Availability of a residence permit or working patent;
Education.

The lawyer prepares a claim in court based on the available documents. And already in the process of considering the case, he seeks to have the deportation decision reversed. This can be done without the personal presence of the interested party; his rights will be defended by a trusted person - a lawyer. The appeal procedure in court lasts from 30 to 90 days.

Summary

So, only those persons who have committed a serious crime, are involved in the trafficking of prohibited substances, or do not want to comply with immigration laws are subject to deportation. The decision is made by the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation and conveys it to the guest in the form of an ultimatum. An alternative to deportation is deportation, which is imposed as punishment for an administrative offense.

Both procedures are complex and simple at the same time; theoretically, a foreigner can count on judicial protection. But we understand that this requires significant financial resources. For those who do not have them, all that remains is to strictly comply with migration legislation and not violate public order. And not to create a threat to national security and the constitutional order, of course.

How to deport a person from Russia anonymously

Russians often experience inconvenience because of illegal immigrants living in large groups in small apartments, but they fear the revenge of foreigners. In fact, any citizen of the Russian Federation can write a statement to law enforcement agencies or the Federal Migration Service against an illegal migrant. It is drawn up in any form and does not require a signature.

To contact these structures you must:

Present your passport;
Describe the circumstances of the case;
If possible, provide details of migrants (at least names).

The application is verified within a week. But FMS employees can check the information received faster. This happens in cases where the statement was written by a group of people. They can also remain anonymous. Usually, for this purpose, several neighbors agree among themselves and fill out an application.

In recent years, there have been special offices that provide services for reporting migrants to migration services. They accept information anonymously and then submit the application to the FMS themselves.

Who pays for the deportation?

The question is quite significant and has several solutions:

financial expenses are borne by the violator himself;
the fine is paid by the inviting party (if there is documentary evidence of this);
expenses are borne by the state of which the migrant is a citizen;
If the offender does not have any citizenship or it is not possible to find out this fact, the Russian authorities carry out deportation at their own expense, but this happens in very rare cases.

Who pays for a foreigner to leave the country in 2021?

In accordance with Part 5 of Article 31 of Federal Law No. 115, the expulsion of a citizen of another state from the Russian Federation occurs at his own expense. However, if they are missing, then the person or organization that invited the person or the consulate of his home state will have to pay the costs. Several years ago it was proposed to pay a fine for deportation from Russia, but the migration department did not agree with this idea.

What to do for stateless persons

The most difficult question. Initially, the migration department must try to reliably establish the identity of the stateless person, find out which country he was a citizen of or where he lived previously, and then transport him to his place of departure. However, if this cannot be done, the person is usually placed in a temporary isolation center, where he then remains, often for quite a long time.

Last year, the Constitutional Court of the Russian Federation ruled that this situation runs counter to the basic law of our country and demanded changes to the Administrative Code. At the moment, this has not yet happened, however, if a stateless person is kept in a reception center for a long period of time, he has the right to appeal to the body administering justice.

How to avoid problems

Any foreigner must understand how to behave in the Russian Federation so as not to be removed from its borders. To do this, you must try to comply with legal requirements such as:

a clear and truthful formulation of the reasons for being in Russia;
correct filling of the migration card;
timely registration;
obtaining a patent or other documents permitting residence or stay in the country;
compliance with established deadlines.

This list is not complete; naturally, he must adhere to other laws of the host country. If any rule has been violated (intentionally or through negligence), to find out how to avoid deportation from Russia, it is best to seek help from a lawyer.

When can they cancel?

How can one return if a person believes that he was deported from Russia illegally? When a decision, in a person’s opinion, was made in violation of any legal norms, it can be appealed (through the court). Claims should be filed on a territorial basis. That is, to the judicial authority that is located in the city or district where the territorial administration for issues in the field of migration is located, which made the decision on removal. To ensure the plaintiff's right to participate in the process, deportation is suspended while the case is being considered.

Deadlines for appeal

The legislation of the Russian Federation gives a foreigner 3 months to appeal the decision to remove him from Russia. The count begins from the moment when the authorized bodies notified the person of deportation.

Who cannot be deported

The law establishes not only the conditions for the departure of foreign citizens from Russia, but also the conditions under which non-residents cannot be deported:

in the foreigner’s homeland there are active hostilities that threaten the life and health of a person, his parents, child, spouse;
this person has applied for recognition of refugee status. This situation may also arise due to military operations on the territory of the country;
this person is already a refugee and lives in this status on the territory of the Russian Federation;
a foreigner who previously entered the country legally requested political asylum, and it was granted;
the person is an employee of a diplomatic institution.

In case of violation of the legislation of the Russian Federation by these groups of persons, other administrative sanctions are applied to them, but not deportation. Foreigners who come to earn money but do so illegally are subject to eviction.