Labor and migration

Migration legislation in Belarus. Migration law specialist

Our lawyers have extensive experience in working with foreign citizens and foreign companies on obtaining work permits in the Republic of Belarus (special permit for the right to engage in labour), residence permits in the Republic of Belarus (temporary residence permits and residence permits), as well as on obtaining visas. Our lawyers also have vast experience in the matter of obtaining citizenship of the Republic of Belarus.

Lawyers and assistant lawyers of our law office are fluent in English, which, of course, makes it easier to work with foreign citizens and foreign companies in this field.

Check our video about a temporary residence permit in English on YouTube

MIGRATION LEGISLATION OF BELARUS

Migration legislation in the Republic of Belarus has been forming for several decades. At the moment, the legislation effectively regulates migration flows, controls the stay of foreign citizens in the country and establishes rights for refugees and persons in need of asylum.

Belarusian migration legislation adheres to all international standards in this field.

Migration legislation is being improved every year, however, the general course is aimed at migration convergence and simplification of the migration system with the Russian Federation. This is explained by the existence of the Union with Russia.

The participation of the Republic of Belarus in the Geneva conference on migration in the Commonwealth of Independent States played an important role in shaping Belarusian migration legislation. Thanks to this conference, public attention was drawn to the migration situation in the Republic of Belarus.

MAIN ISSUES IN THE FIELD OF MIGRATION LAW IN BELARUS

●      Temporary residence permit

All foreign citizens who are staying on the territory of Belarus for more than 5 days are subject to mandatory state registration, and if they need to stay in the country for more than 90 days, they must apply for a document confirming a temporary residence permit.

This permit has a validity period that does not exceed one year. It is also possible to extend it once, if there are reasons for it.

To obtain a temporary residence permit, the candidate must submit an application and a set of documents specified in the legislation to the structural division for citizenship and migration of the internal affairs body at the place of intended residence in the Republic of Belarus.

●      Residence permit

A residence permit is a document issued to foreign citizens or stateless persons that confirms their status on the territory of the Republic of Belarus.

The opportunity to issue a residence permit appears only after the foreigner receives a permanent residence permit in Belarus.

A residence permit gives a citizen the right to cross the Belarusian border without a visa. This document confirms that a foreign citizen has the same rights and obligations as citizens of the Republic of Belarus.

At first a residence permit is issued for a period of 2 years, after that for 5 years, and when a person reaches 60 years of age – up to 100 years.

●      Work permit

With the help of a special permit to attract foreign workers, an employer can completely legally empoy citizens of other countries. The employer must have such a permit for every foreign employee, except for citizens of countries with which Belarus has concluded relevant international agreements, or other certain categories of citizens.

In this case, the organizational form for hiring foreign citizens does not matter. If a foreign worker is hired without a special permit, the employer may be subject to administrative liability, fines, and a ban on hiring foreigners in the future. To obtain this permit the employer must apply to the structural division for citizenship and migration of the executive committee at the place of registration of legal entity, the place of registration of sole trader for sole traders, or at the place of stay for foreign companies.

A special permit does not apply to foreign employees who have a permanent residence permit or a residence permit in Belarus. Exceptions to this rule are stipulated in the External Labour Migration Act and international agreements with the Republic of Belarus.

●      Labour importation permit

Permission to import foreign labour to the Republic of Belarus allows an employer to legally import more than 10 foreign employees. Without the permit, the employer can only hire up to 10 foreign employees, and this number of employees is usually not enough for a large company.

To apply for the permit, the employer must collect the documents required by law, pay the state fee, and submit an application and documents to the Citizenship and Migration Department of the Ministry of Internal Affairs of the Republic of Belarus.

In turn, the Department makes a request to the Labour, Employment and Social Protection Committee at the place of state registration of the employer to obtain a conclusion on whether it is possible to attract foreigners to the Republic of Belarus for the purpose of employment.

●      The ban on entry to Belarus

As a rule, the ban on entry to Belarus is applied in conjunction with other administrative sanctions, such as deportation or expulsion.

The entry ban is a restriction on entry to Belarus when passing the state border. This ban can be issued for any violations of legislation, be it migration, administrative or criminal law. If a foreigner repeatedly commits an offense, their chances of getting the entry ban are greatly increased.

The period for which a person will be banned from entering the country is determined by taking into account the circumstances under which this person received such a ban, the general characteristics of the citizen and the analysis of their positive or negative contribution to the development of the Republic of Belarus.

The above-mentioned ban has a duration of six months to 5 years, and in case of expulsion – up to 10 years.

LEGISLATIVE ACTS REGULATING LEGAL RELATIONS IN THE FIELD OF MIGRATION IN BELARUS

The legal acts that make up the migration legislation of the Republic of Belarus include:

  1. Constitution;
  2. Acts:
    • «On external labour migration»;
    • «On ratification of the Agreement on cooperation of the member states of the Commonwealth of Independent States in the fight against illegal migration»;
    • «On ratification of the Agreement on cooperation in countering illegal labour migration from third countries»;
    • «On the legal status of foreign citizens and stateless persons in the Republic of Belarus»;
  3. Resolutions of the Council of Ministers:
    • «On approval of the rules of stay of foreign citizens and stateless persons in the Republic of Belarus»;
    • «On approval of the regulations on the procedure for the deportation of foreign citizens and stateless persons»;
    • «On approval of the regulations on the procedure for the expulsion of foreign citizens and stateless persons from the Republic of Belarus and the invalidation of certain decisions of the Council of Ministers of the Republic of Belarus on the deportation of such persons»;
    • «On approval of the rules for including foreign citizens and stateless persons in the list of persons whose right to leave the Republic of Belarus is temporarily restricted, and for excluding foreign citizens and stateless persons from this list, as well as the procedure for maintaining such a list».

The legislation of the Republic of Belarus is mostly focused on the issues of combating illegal migration.

RESPONSIBILITY FOR VIOLATION OF MIGRATION LEGISLATION IN BELARUS

Foreign citizens have a special legal status in a foreign country. In the Republic of Belarus, foreigners have additional responsibilities in comparison with citizens of the Republic of Belarus. For non-compliance with the rules on registration, visa regime, employment of foreign citizens and other rules, foreign citizens can be brought to administrative responsibility and punished with a fine, entry ban, deportation or expulsion.

Articles 23.53 and 23.55 of the code of administrative offences of the Republic of Belarus directly concern foreign citizens.

In practice, the most common cases of bringing a foreigner to administrative responsibility occur due to:

  • lack of registration or residence not in the place of registration;
  • absence of valid documents proving the identity of the foreigner;
  • violation of the procedure for the execution of labour activity;
  • illegal crossing of the state border;
  • staying in the country without a visa and others;

Commission of other administrative or criminal offences by foreign citizens may also result in deportation, expulsion or a ban on entry in order to protect national security.

CONSULTING ON MIGRATION LAW

If you need a migration lawyer – our law office is ready to provide you with all the necessary assistance. Our legal assistance on migration law of the Republic of Belarus includes:

 

  • consultations on migration legislation of the Republic of Belarus;
  • consultations on obtaining citizenship of the Republic of Belarus, preparation and submission of documents for obtaining citizenship of the Republic of Belarus;
  • consultations on obtaining a temporary residence permit in the Republic of Belarus (TRP), preparation and submission of documents for temporary residence in the Republic of Belarus;
  • consultations on obtaining a permanent residence permit in the Republic of Belarus, a residence permit in the Republic of Belarus, preparation and submission of documents for obtaining a residence permit in the Republic of Belarus;
  • consultations on obtaining a special permit for labour activity in the Republic of Belarus, preparation and submission of documents for obtaining a special permit for labour activity in the Republic of Belarus.
  • consultations on obtaining visas to the Republic of Belarus;
  • appeals against decisions of the citizenship and migration authorities of the Republic of Belarus, including appeals against the entry ban to the Republic of Belarus and reduction of the entry ban period.

We would like to note that among the clients of our law office in this field are the representative offices of foreign organizations in the Republic of Belarus, large foreign and Belarusian companies. Migration lawyers of our law office will not only be able to prepare all the necessary documents for you in a competent and professional manner to obtain the above documents and permits, but also accompany you to the citizenship and migration authorities to obtain them. If you need a migration lawyer in Minsk, you can be sure that you will get professional legal assistance by contacting our law office.