Main changes in the migration legislation of Belarus in the 1st half of 2022

Changing the deadlines for obtaining a work permit

The terms for obtaining and renewing special permits for the right to engage in labor activities have been changed, and the registration of an employment contract with a foreigner has become a separate administrative procedure.

Any employer who decides to hire a foreigner should know that the conclusion of an employment contract (contract) with this employee will not be enough. For each foreign worker, the employer must obtain a special permit for the right to engage in labor activity in the Republic of Belarus, or in simple terms – a work permit.

From March 27, 2022, the deadlines for obtaining and renewing work permits have been changed in Belarus.

Now the administrative procedure for obtaining a work permit takes 10 days, and the renewal of a permit – 7 days (previously it took 15 days to obtain, renewal – 10 days).

To obtain a work permit, the employer needs to apply to the Office of Citizenship and Migration at the location of the organization with a package of documents:

– Application;
– A copy of a notarized translation of the passport of a foreigner whom the employer plans to hire;
– Document confirming the payment of the state fee (5 base units for obtaining a work permit, 3 base units for renewal);
In case of renewal of a work permit, it is necessary to provide the original of the permit itself, as it is marked with an extension mark.

After obtaining a work permit, the employer concludes an employment contract (contract) with the employee. From the moment of concluding an employment contract (contract), within 1 month, the employer must register it with the Office of Citizenship and Migration. Previously, for this it was enough to provide 2 copies of the employment contract (contract) to the Office of Citizenship and Migration and come and receive an already registered employment contract (contract) at the appointed time by the employee.

From March 27, 2022, the registration of an employment contract is an independent administrative procedure, which means that it is subject to special requirements.

Now, in order to register an employment contract, it is necessary to submit an application for registration of an employment contract (contract) and, accordingly, 2 copies of the employment contract (contract) to the Office of Citizenship and Migration. After submitting the documents, the contract will be registered within 15 days.

Belarus starts issuing biometric permanent residence permits

From September 1, 2021, Belarus stopped issuing a paper permanent residence permit. Now the residence permit is an ID-card, i.e. biometric residence permit.

With the transition to biometrics, a number of pros and cons have appeared.

Advantages:

If a foreigner previously had a paper residence permit (for example, the first one for a period of 2 years), then he will already be able to get a new one for a period of 10 years;
There is no need to fill out any paperwork to obtain a residence permit, to renew it (for the first time) you need to come to the citizenship and migration department at the place of residence and the employees will do everything themselves. You need to bring documents on marital status with you (marriage certificate, birth certificates of children, etc.) and pay a state duty of 2 basic units (as of 2022, this is 64 Belarusian rubles);
It is possible to obtain a residence permit in the shortest possible time, i.e. up to 5 working days (in practice, many can receive a residence permit in 2 days), but for this an additional fee of 2 basic units is paid (as of 2022, this is 64 Belarusian rubles);
Now you can apply for renewal of a residence permit not 1 month before its expiration, but 5 working days before.

Disadvantages:

The main disadvantage is that in the biometric residence permit (on the ID-card) there is no information about the registration address and marital status, i.e. when applying to any state body or to a bank, a foreigner may be asked to provide a certificate of family composition and address of permanent registration. These documents can be obtained at the settlement and reference center at the place of registration.
In general, the legislation of Belarus in the field of migration has not undergone any significant changes, but it still requires special care, since the sanctions for its violation remain quite serious.

The lawyers of our law firm will be happy to discuss with you the possibility of using us to assist with immigration law. On this issue, you can contact us by e-mail info@allford.by and by phone +375293570355.