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Video content:
00:00 - Start
00:20 - Difference: Removal and deportation
00:33 - Reason of Deportation
01:20 - Procedure
01:50 - Consequences
02:21 - How to challenge

Both deportation and removal are ways to expel a foreigner from the country. However, their grounds are different.

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•Removal is an administrative punishment. It’s appointed by the court for law violation.
•Deportation’s appointed out of court when there are grounds that prohibit the individual from further staying in Russia. This procedure is initiated by the Main Directorate for Migration Affairs. That is, one of the following should happen to the foreigner staying in the country so he may be deported:
1) he overstayed his visa or visa free period;
2) he doesn’t have an optional health insurance;
3) he failed to maintain a lawful immigration status: residency, work patent or permit, which made his stay in the country legal, expired or was revoked;
4) he hasn’t been granted refugee status, or he lost it, and in his country of origin things have gone better;
5) he unlawfully entered Russia on forged documents, and other reasons.
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PROCEDURE
Given the fact removal is a punishment for a violation of migration law, it’s administered only if the guilt’s proved in court. A noncitizen has the opportunity to provide evidence of his innocence and ask the court not to expel him due to exceptional circumstances, usually related to his personal life. On the other hand, the foreign national isn’t present when the deportation decision is made.
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CONSEQUENCES
Administrative removal is a much more serious measure than deportation. In case of removal, the foreign national is prohibited to enter Russia for 3 to 10 years; while after being DEPORTED for the first time, the individual will be able to return to the country by preparing or updating the required documents. However, if he’s been deported several times, it, again, may lead to a 5 to 10 year ban on entry to Russia.
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HOW TO CHALLENGE THEM
A foreign national has 3 months to challenge the decision on deportation, and just 10 days on removal. To participate in the court proceedings, it’s worth filing a provisional remedy application so the foreigner has the right to stay in Russia until final disposition of the matter can occur. Such processes are often rather complex and complicated, so reaching out to a knowledgeable migration lawyer may be your best bet if you’re facing deportation or removal. Feel free to contact me if you’re in need of legal help.

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