Why are they not allowed to enter Russia? Why deportation from Russian airports can be legal

The Ministry of Labor of Tajikistan has given an official explanation of what this three-month limit is, which is reported to migrants at Russian airports, and for what else they are not allowed to enter the Russian Federation.

Recently, there have been discussions on the Tajik Internet about cases where Tajik migrants who landed at Russian airports were sent back to Tajikistan, suggesting that they could re-enter only after three months.

For example, on June 24, at Vnukovo airport, 80 citizens of Tajikistan who offered to come after three months were refused entry to the Russian Federation.

What is three months and is this requirement legal?

Here are the explanations of the Lieutenant General of Justice, Deputy Minister of Labor, Migration and Employment of the Republic of Tatarstan Shakhnoza Nodiri.

And in short, the requirement to come to Russia only after three months is legal and follows the “90 out of 180” rule. This is stated in Article 5 of the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation”.

And now for more details. What does the “90 out of 180” rule mean?

Citizens of Tajikistan do not need a visa to Russia. However, this does not mean that you can enter Russia whenever and however long you want. Foreign nationals who do not need a visa can stay in Russia for a maximum of 90 days (3 months) within 180 days (6 months).

This means that within six months, a foreigner can stay in Russia for 3 months and must travel outside its borders for 3 months.

This rule is informally called “90 out of 180”.

Please note that a bill is currently being considered that would extend this period from “90 out of 180” to “90 out of 360”. This means that you will be able to stay in Russia not 90 days in six months, but 90 days in a year. Currently, however, this law has not yet been adopted.

What if I break this rule?

In case of violation of the period of stay of 90 days, the foreigner will face punishment according to part 1 of article 18.8 of the Code of Administrative Offenses of the Russian Federation – a fine with or without administrative expulsion.

If you leave in violation of the “90 out of 180” rule, the Ministry of Internal Affairs can impose a ban on entry to Russia for a period of 3 to 10 years without a trial based on Articles 26 and 27 Article 12 of the Federal Law “On the procedure for leaving the Russian Federation and entering the Russian Federation federation”.

How to count these 90 days correctly?

After the first day of entry at the border crossing, a countdown of 180 days (6 months) begins.

– during these 180 days, you can spend a total of only 90 days in Russia;

– this does not mean that this period has to be continuous, you can cross the border as many times as you want;

– Please note that this period may soon be extended to one year.

After the 90-day period, the foreigner must leave Russia. If you leave Russia and immediately return, the period will not be reset. Your new 90 days have not started.

Another 90 days (three months) must pass from the moment you leave Russia.

Who is exempt from the 90 out of 180 rule?

The “90 out of 180” limit does not apply to those who have received official documents in Russia that allow them to stay for a longer period of time. Such documents may be:

– patent for the right to work in the Russian Federation. Please note that since the end of last year, the database of issued patents has been integrated with the electronic system of the border service of the FSB of the Russian Federation;

– temporary residence permit or residence permit;

– face-to-face training on the territory of the Russian Federation.

Therefore, it is extremely important for citizens of Tajikistan working in Russia to obtain a patent for temporary work activities and pay personal income tax for this patent on time. In this case, the “90 to 180” rule will not apply to this citizen.

Does this mean that those migrants were not allowed to cross the border legitimately?

Most likely, they did not have a patent and therefore were subject to the rule to leave Russia after 90 days.

Therefore, migrants were asked to come to Russia after 3 months to fulfill the “90 out of 180” rule. This means that this request was legal.

Wasn’t there such a rule before?

As it turns out, this rule has always been there. It’s just that some foreigners were previously allowed to enter in apparent violation of the “90 out of 180” rule.

Nowadays, however, border control is more stringent and such blunders are no longer turned a blind eye.

To be fair, it should be emphasized that among those detained and deported at the airports and ground checkpoints of the Russian state border are citizens not only of Tajikistan, but also of other states – Armenia, Azerbaijan, Uzbekistan, and so on.

How can I make sure that I haven’t broken any rules and that I will be allowed at the border?

In order to suppress the facts preventing entry to Russia, the Ministry of Labor of Tajikistan calls on citizens of our country who plan to travel to Russia for temporary work, to undergo a check on the ban on entering the Russian Federation and the fingerprinting procedure before departure.

This can be done on behalf of the Federal State Unitary Enterprise “Passport and Visa Service” of the Ministry of Internal Affairs of the Russian Federation, located in Dushanbe, 121 Aini St. (in the building of the Migration Service of the Ministry of Labor, Migration and Employment of the Republic of Tatarstan).

The Asia-Plus department reported that none of the citizens of the Republic of Tajikistan who passed the check were returned from Russian airports back to Tajikistan.

Who else won’t be allowed across the border?

Based on paragraph 1 of Article 27 of the Federal Law “On the procedure for entering and exiting the Russian Federation”, foreign citizens may not be allowed to enter Russia if they pose a threat to public order.

In practice, this means that migrants are not allowed to enter if they wear beards, head coverings (satras), have files with religious information on their mobile phones or if they cannot speak Russian.

What if I have been expelled or deported before?

This too can be grounds for denial of entry. Aliens are often subject to deportation or expulsion for reasons such as:

– work without permission (patent);

– the foreigner has exceeded his migration registration;

– illegal crossing of the border (change of name or surname in the passport after expulsion) without waiting for the expiry date of the court decision (5 years);

– if the stated purpose of arrival and the actual one do not correspond to reality;

– lack of documents for legal stay in Russia;

– documents on authorized residence were damaged or lost and were not renewed in time;

– the foreign national did not leave the country after the end of the authorized period of stay without legalizing his stay (Regulation 90/180), Article 18.8 of the Code of Administrative Offenses of the Russian Federation;

– committing 2 or more administrative offenses during one year;

– residence permit, temporary residence permit, patent or work permit – any of these documents entitling to unlimited stay in Russia has been canceled due to two or more administrative offenses committed within one year.

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