If the period of temporary stay on the territory of the Russian Federation is violated, then a foreign citizen or stateless person should be expected to be brought to administrative responsibility. As the main type of punishment, an administrative fine is usually imposed, as an additional one - expulsion from the country.
The expiration of the migration card is a violation of the regime of stay on the territory of the Russian Federation. In this case, the specified violation is expressed in the evasion of departure from the territory of the country by a person whose temporary stay has expired. Administrative liability for such violations is established by Article 18.8 of the Administrative Code of the Russian Federation. The main type of punishment is only an administrative fine, an additional type of responsibility is administrative expulsion from the country. At the same time, the specific sanctions in case of expiration of the migration card significantly depend on the region in which the violation was committed, the presence of previous misconduct of this kind.
What is the penalty for the primary delay in the migration card?
If a migration card by a foreign citizen, a stateless person is expired for the first time, then a penalty in the form of a fine should be expected, the amount of which is 2-5 thousand rubles, determined depending on the degree of guilt, the presence of mitigating, aggravating circumstances. Expulsion is a mandatory addition to the fine, and the administrative body cannot choose one of the named types of responsibility, but will certainly appoint both, since the legislative formulation does not imply an alternative. Expulsion upon the first commission of such an offense is carried out in the form of an independent controlled departure of a foreign citizen from the territory of Russia.
In what cases is more severe punishment imposed?
Increased liability measures are provided for those persons who have committed a delay in their migration card while staying in Moscow, the Moscow region, St. Petersburg, and the Leningrad region. The fine for foreign citizens in this case will already be 5-7 thousand rubles, and administrative expulsion will also be imposed. A similar penalty is provided for the repeated commission of the same offense within one year. In this case, an independent controlled exit as a method of expulsion is not applied, the person is expelled from the territory of the country with the help of law enforcement officers. In all cases, it is possible to reduce the amount of the fine through an independent appeal to the authorities of the migration service, however, it will not work to stay in the territory of the Russian Federation even if you voluntarily appear.
