Russia Entry Ban Check for Indian Workers Before You Travel

Entry ban: meaning and legal grounds

Russian law calls an entry ban "non-admission": a decision by a Russian authority that keeps a foreign national out of Russia for a fixed term, until a condition is met (for instance, a tax or fine is paid) or with no term stated. The grounds are in the Federal Law on exit from and entry into Russia (No. 114-FZ). Article 26 lists situations in which entry "may be refused"; in those of Article 27, entry must be refused.

Article 26 covers, among others:

• a knowingly false statement about who you are or why you are coming (subparagraph 2);
• being penalised for administrative offences in Russia at least twice in three years: the ban runs three years after the latest ruling took effect (subparagraph 4);
• not leaving within thirty days after your permitted term ended on a previous visit: three years from departure, with exceptions set by law, such as emergency treatment (subparagraph 8).

Article 27 covers, among others:

• expulsion, deportation or transfer under a readmission agreement: five years, or ten years if it happened two or more times (subparagraphs 2 and 2.1);
• a decision that your stay is undesirable (subparagraph 7);
• forged documents (subparagraph 9);
• having evaded a tax or an administrative fine on an earlier stay, or not repaid expulsion costs, until paid in full (subparagraph 10);
• more than ninety days in total in a calendar year, if you entered without a visa and your stay was not extended: three years from departure (subparagraph 12). Staying on after a visa or another lawful term ended leads to a five-year ban for 180 to 270 days and a ten-year ban for longer than 270 days (subparagraphs 13 and 14).

Criminal record, health and the 30-day medical exam

Under Article 27, subparagraph 3, of 114-FZ, entry is refused to a foreigner whose conviction for an intentional crime, committed in Russia or abroad, has not been expunged or spent, if Russian federal law treats the act as a crime.

If a decision bars your entry or declares your stay undesirable, a work permit is refused, or withdrawn if already granted (Article 18, paragraph 9.1, of 115-FZ). Under paragraph 9, the same applies to a court conviction in force or one not yet expunged or spent, in Russia or abroad (subparagraphs 5 and 6).

On health, Article 27, subparagraph 1, of 114-FZ requires refusal of entry when this is necessary to protect public health; the federal law on HIV sets an exception.

As a rule, a visa worker must pass the medical examination within thirty calendar days of arrival (Article 5, paragraph 18, and Article 13, paragraph 12, of 115-FZ); it is not needed if you passed it under Russian law no earlier than a year before entry. It is then repeated once a year (Article 5, paragraph 19). Under Article 4.2, it is carried out only by authorised medical organisations in Russia, unless a treaty or federal law provides otherwise. It looks for drug use without a prescription and for serious diseases on the Ministry of Health list: tuberculosis, leprosy, syphilis and HIV. Each of these, as well as missing the examination, is a ground to refuse or cancel a work permit, with exceptions for HIV under the HIV law (Article 18, paragraph 9, subparagraph 10). If such a disease is found, a decision that your stay is undesirable may follow (Article 25.10 of 114-FZ), which bars entry; after a confirmed cure of an infectious disease, that decision is to be cancelled.

In practice, see your own doctor first: it does not replace the examination in Russia, but you learn of a problem early.

Work visa for Indian citizens: passport, invitation and medical cover

Article 24 of 114-FZ requires a valid passport along with the visa. When a work visa is issued, the passport may not expire earlier than 1.5 years after the visa's start date (Regulation approved by Government Resolution No. 335, paragraph 47). In practice, a passport valid for your whole work period with a margin is easier.

Article 25.6 of 114-FZ ties a work visa to the length of the employment or service contract, capped at one year. A first work visa is valid for up to three months and is then extended in Russia to match the contract (the same Regulation). Article 18, paragraph 2, of 115-FZ has the employer, or the client under a works or services contract, request the work invitation; a work permit for each foreign worker is issued with it.

Two further grounds (Article 27, subparagraphs 4 and 5) refuse entry until you present the documents needed for the visa and a medical insurance policy that is valid in Russia.

How to check a Russian entry ban yourself

For an official answer about an entry ban, apply in writing to the migration division of Russia's Ministry of Internal Affairs (MVD). The review takes 30 days, with up to 30 more in exceptional cases (59-FZ, Article 12). The MVD website also names a service, "Checking for grounds for refusal of entry"; when it opens, its reply is for reference and covers MVD decisions only.

The controlled persons register is a separate list: under Article 31.2 of 115-FZ it covers foreigners who are in Russia without legal grounds, and a record is removed when the person leaves the country (paragraph 7). It can be checked free of charge on the MVD website and on the Gosuslugi portal (Article 31.2, paragraph 6; Government Resolution No. 1899). The answer only says whether a record exists; entry bans and work restrictions are not shown there. If you have stayed in Russia, confirm that no record remains.

Found a ban? How to appeal

First establish which body decided and why: the MVD, the FSB Border Service or another body. The ground defines the term; a ban under Article 27, subparagraph 10, ends once the sums are paid in full. Ask for the decision and its reasons in writing. A decision of a state body can be challenged with a higher body or in a Russian court. The deadline for going to court is three months from the day you learned of the decision (Code of Administrative Procedure, Article 219, part 1). If it is missed for a good reason, the court may restore it; a late review of your complaint by a higher body is such a reason (part 6). No one can promise the outcome.

Self-check services

RuMigrID has two checks. The free check covers the controlled persons register, wanted lists, debts and the tax number (INN). The full check is paid: a law firm looks for an entry ban and work restrictions, usually within two business days.

Consul Online has a pre-trip check at two levels. The basic level covers the controlled persons register, the wanted list, enforcement debts and the Rosfinmonitoring list; the extended one adds the entry ban and work restrictions, reviewed by its lawyers within one to two business days.

FAQ

Does a conviction in India affect entry to Russia?

It can, on the conditions of Article 27, subparagraph 3, described above. For a work permit, any conviction in force counts.

How do I check the Russian controlled persons register?

Free, on the MVD website or Gosuslugi. It shows only whether a record exists, not an entry ban.

How long does an entry ban last?

Three, five or ten years, or until a tax, fine or expulsion costs are paid or documents are presented; some grounds have no fixed term.