Deportation, expulsion, and entry ban: what to check for a foreigner

If a foreigner is subject to a migration measure, the first step is to understand what decision has been made. Deportation, administrative expulsion, and entry denial are three different procedures with their own grounds, authorities, and deadlines for appeal. A mistake in determining the type of decision almost always means a missed deadline.

Briefly: what to do

  1. Obtain a written document — a court ruling, notification, or deportation decision. An oral demand to “leave” means nothing.
  2. Record the date of delivery: this is the starting point for appeal deadlines — 10 days for administrative offenses, 3 months for the Administrative Procedure Code of the Russian Federation.
  3. Verify the details (full name, passport, date of birth) and find the grounds: the article of the law and the initiating authority.
  4. Check for an entry ban on the official Ministry of Internal Affairs service , and yourself in the registry of controlled persons .
  5. Gather documents about your legal status and do not miss the voluntary departure deadline, if specified.
  6. If you disagree, file a complaint or administrative claim before the deadline; involve a migration law lawyer as early as possible.

How the three decisions differ

Deportation — a forced measure when the legal grounds to stay in Russia are lost: the stay period has expired, residence permits, temporary residence permits, or patents have been annulled, or the stay period has been shortened. This is applied by the Ministry of Internal Affairs (Federal Law 117-FZ, Article 31).

Administrative expulsion — a penalty under Article 3.10 of the Administrative Offenses Code for violations of the stay regime, migration registration, or work rules. It is imposed by a court (in some cases — an official); it can be a controlled voluntary departure or forced expulsion.

Entry denial — not a punishment “here and now,” but a closure of the border for the future based on Federal Law 114-FZ . It often comes as a surprise when trying to enter: a person learns about the decision only at the border.

If the problem is specifically with the ban — see the separate instruction on how to lift the entry ban , and about the reasons for entry refusals — in this material .

Step-by-step action plan

  1. Obtain the document. A copy of the ruling or notification is issued for signature — the signature does not mean consent but records the date.
  2. Check the details. Full name, passport, date of birth, article, and authority. An error in the details is a valid reason for cancellation.
  3. Check the databases. The Ministry of Internal Affairs service will show the entry ban and its duration; the registry of controlled persons — the expulsion regime and restrictions.
  4. Gather documents: passport with translation, migration card, migration registration, status documents (visa, temporary residence permit, permanent residence permit, patent), employment contract and patent receipts, payment receipts for fines, proof of family, treatment, or study in the Russian Federation.
  5. Calculate the deadlines. A complaint against the ruling under the Administrative Offenses Code must be filed within 10 days of delivery; an administrative claim under the Administrative Procedure Code of the Russian Federation — 3 months. Missing the deadline does not take away the right to appeal but complicates the process.
  6. Do not miss the voluntary departure. If a deadline is specified, leaving within it is a way to avoid forced deportation and a long entry ban.
  7. File a complaint or claim. To a higher authority, to the court at the place of the decision; individuals are not subject to state duty for migration claims.

What to check before appealing

  • Grounds for the decision: article, paragraph, authority — does it match your documents?
  • Data: errors in the passport, date of birth, or name — grounds for cancellation or correction of information.
  • Duration of the ban: for expulsion — 5 years (10 years for repeat offenses), for bans under 114-FZ — from 1 year to 10 years.
  • Mitigating circumstances: close relatives — citizens of the Russian Federation, education, treatment, military service, and other circumstances under Article 3.10 and 114-FZ.

Example from practice

A foreigner received a ruling on expulsion and believed that the migration registration was valid. The employer’s explanations are insufficient: the court evaluates the documents. Notification of arrival, migration card, housing rental agreement, employment contract, and patent receipts are needed — the complaint is based on these.

Template for a written appeal

To [authority or court]
From [Full Name, nationality, passport, residence address]

I request to check the information regarding the decision on [deportation / expulsion / entry denial] dated [date], authority [name].
Grounds for the appeal: [briefly, based on facts].
Attachments: [copy of the decision, passport, migration card, registration, receipts].
I request a written response and clarification of the appeal procedure.

The appeal does not replace a complaint or administrative claim but records the position and creates a written response from the authority, which will be useful in court.

FAQ

Are deportation and expulsion the same thing?

No. Deportation is a measure due to the loss of the right to stay, expulsion is an administrative penalty under the Administrative Offenses Code. The consequences are different: after expulsion, an entry ban arises almost automatically, after deportation — it depends on the grounds.

How to check for an entry ban to Russia?

On the official service of the Main Directorate for Migration of the Ministry of Internal Affairs of Russia — by full name, gender, date of birth, nationality, and passport number. The service shows the existence of a restriction and its duration; for the exact grounds, request written information from the Ministry of Internal Affairs.

Can deportation be appealed if the deadline is missed?

Yes, but through an administrative claim challenging the decision under the Administrative Procedure Code of the Russian Federation. A request for restoration of the deadline with valid reasons will be required: illness, lack of knowledge about the decision, being abroad.

What to do if there is an error in the decision — wrong passport or name?

Submit a written statement to the authority that issued the decision, with copies of documents confirming the correct data. Keep a record of receipt; if refused — appeal the inaction in court.

Can I work while the appeal is ongoing?

Only if the legal grounds for stay and work are maintained. If the patent is annulled or the stay period has expired, continuing to work creates new violations and worsens the position in court.

What happens if I simply do not leave after the decision?

Forced expulsion or deportation with escort, entry into the registry of controlled persons, entry ban for several years, and restrictions on banking operations. Voluntary departure within the deadline is almost always cheaper in terms of consequences.

Official sources

How we can help

Describe your situation in free form: what decision you received, when, what documents you have. A migration law lawyer will analyze the grounds, advise on the procedure and deadlines for appeal, and help gather documents — right on this page.