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0:00 - How to leave ban for entry to Russa.
0:14 - Federal law about Entering the Russia.
1:00 - Challenging ban based on article 26 of federal law.
2:43 - Challenging ban based on article 27 of federal law.

We’ll talk about how you can lift the ban on entry into Russia if you are a foreign national and you are denied / not allowed to enter.

The Federal Law on the Procedure for Leaving the Russian Federation and Entering the Russian Federation contains more than 15 grounds for PROHIBITING to enter Russia. They are provided for in Articles 26 and 27 of the Law.
Moreover, pursuant to Article 26, one MAY BE not allowed to enter Russia, that is, the grounds indicated in it do not necessarily lead to a ban on entry. While Article 27 of the Law EXPRESSLY PROHIBITS entry in the cases specified in it.

Let's discuss in step by step. First, check which article is mentioned in your ban.

First about how to challenge the ban on entry issued pursuant to Art. 26 FZ.
According to Art. 26 a foreign national or stateless person MAY BE NOT allowed to enter the Russian Federation if the foreign national or stateless person:
1) violated the rules for crossing the State Border of Russia
2) knowingly provided false information about themselves
4) repeatedly (two or more times) within three years were held administratively liable
5) And other bases (total 10)

The main idea of the defense is that under this Article 26 entry MAY BE not allowed; a ban is not mandatory. Accordingly, the question arises if decision to deny entry in relation to you was reasonable.

If you believe that the ban imposed on you is unreasonable, then this decision must be appealed in a court of law.

To challenge this decision, you need to file an Administrative Lawsuit in court, a statement of claim indicating the grounds, for example: close family ties in Russia, as well as employment in Russia, the presence of children and a spouse in Russia, as well as other relatives.

Moreover, you can apply for administrative protection measures taken towards you while your claim is being considered in court - that is, for you to be allowed to stay in Russia until your claim is being investigated.

If the court upholds your claim, the decision will be canceled and you will continue to stay in Russia.
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Now Second point.
Let's talk about a more complicated case, that is, how to challenge the entry ban issued pursuant to Art. 27 of the Federal Law, when the prohibition of entry is mandatory for the migration services.
So, according to Article 27 of the Federal Law on the Procedure for Departure from the Russian Federation and Entry into the Russian Federation, a foreign national is not allowed to enter Russia for 5 years if he or she has been found administratively liable two or more times within one year. Liability for committing an administrative offense associated with breach of public order or with a violation of the regime of stay (residence) or the labor activities procedure in Russia.
This means that if you, for example, twice overdue registration upon arrival in Russia or for example simply exceeded the speed limit twice while driving, you will be imposed such a ban.

HOW CAN THIS PROBLEM BE SOLVED?
1. You need to appeal the administrative responsibility decision so that the basis “being repeatedly administratively responsible” disappears. If you have only one fine, then you’ll not be banned.

2. To challenge the fine, you need to get a copy of the decision and file a complaint against it either with the court or the issuer’s head.

3. If you manage to cancel the fine (that is, only one administrative offense remains), then the entry ban must be lifted.
There is no other way to lift the Article 27 ban.

So if you need help in challenging the entry ban, you can contact us.

#migrationservices #migrationlawyer #russianlawyer

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