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Law of the Republic of Belarus on Immigration (1998) (English)
LAW OF THE REPUBLIC OF BELARUS
On Immigration
Adopted by the House of Representatives December 16, 1998
Approved by the Council of the Republic December 18, 1998
This Law provides a legal framework for immigration in the Republic of Belarus, establishes the procedure for foreign nationals and stateless persons (hereinafter aliens) to obtain permission to reside permanently in the Republic of Belarus, sets rules for the departure of illegal migrants from the Republic of Belarus, and regulates other legal relations that arise in connection with immigration.
CHAPTER 1. General Provisions
Article 1. Legislation of the Republic of Belarus on Immigration
Immigration in the Republic of Belarus is regulated by the Consitution of the Republic of Belarus, this Law, the Law of the Republic of Belarus "On the Legal Status of Foreign Nationals and Stateless Persons in the Republic of Belarus", by other acts of legislation of the Republic of Belarus, and by international agreements of the Republic of Belarus.
Article 2. International Agreements
If rules other than the ones prescribed by this Law, are established by an international agreement of the Republic of Belarus that has been ratified and has come into force, then the rules of the international agreement shall apply.
Article 3. Basic Concepts Used in the Present Law
The following basic concepts are used for the purposes of the present Law:
"residence permit": a document identifying the personality of an alien who, in accordance with the legislation of the Republic of Belarus, has been granted permission to reside permanently in the Republic of Belarus;
"reunification of the family": entry into the Republic of Belarus for permanent residence beyond the established immigration quota, of a spouse, minor children, or other children who have not been married, at the invitation, respectively, of the spouse, parents who are citizens of the Republic of Belarus or immigrants;
"deportation": forcible removal of an alien from the Republic of Belarus in accordance with the legislation of the Republic of Belarus;
"immigrant": an alien who resides permanently in the Republic of Belarus;
"immigration visa": leave to enter the Republic of Belarus for permanent residence;
"immigration quota": an annual limit for the admission of immigrants to the Republic of Belarus;
"immigration control": implementation by designated government authorities of a complex of measures aimed at enforcing the immigration legislation of the Republic of Belarus;
"immigration": entry of an alien into the Republic of Belarus for permanent residence;
"foreign national": a person who is not a citizen of the Republic of Belarus and who has proofs of his citizenship of another state;
"stateless person": a person who is not a citizen of the Republic of Belarus and who has no proofs of his citizenship of another state;
"illegal immigration": entry into and/or presence of aliens in the territory of the Republic of Belarus in violation of the legislation of the Republic of Belarus that regulates the procedure for entry into the Republic of Belarus and presence in its territory;
"invitation (call)": a document on the basis of which an alien is issued an immigration visa and which contains undertakings by the inviting party to provide financial support and housing to the alien invited thereby;
"travel document": a document confirming the right of certain categories of aliens permanently residing in the Republic of Belarus, to leave the Republic of Belarus and to enter the Republic of Belarus.
Article 4. Refugees
The legal framework for entry into and presence in the Republic of Belarus of aliens who have applied for refugee status, and of refugees shall be defined by the legislation of the Republic of Belarus on refugees.
CHAPTER 2. Terms of Reference of Government Authorities in Controlling Immigration Processes
Article 5. The Republican Government Authority for Migration
The republican government authority for migration shall:
develop proposals concerning the principal areas of the national migration policy and, within its terms of reference, co-ordinate the activities of other government authorities aimed at its implementation;
develop proposals concerning the establishment of immigration quotas, with due regard for the socio-economic possibilities of the republic;
provide for collection, storage, processing and dissemination of information on migration processes throughout the world, and carry out exchange of this information.
Article 6. The Ministry of Foreign Affairs of the Republic of Belarus
The Ministry of Foreign Affairs of the Republic of Belarus, diplomatic missions and consular institutions of the Republic of Belarus shall:
identify aliens as belonging to the category of persons who are entitled to an immigration visa;
carry out, within their terms of reference, execution and checking of documents relating to aliens who wish to immigrate in the Republic of Belarus;
issue and register immigration visas in accordance with the established procedure.
Article 7. The Border Troops of the Republic of Belarus
The border troops of the Republic of Belarus shall:
perform immigration control by carrying out initial examination of persons entering the Republic of Belarus;
together with other agencies concerned, participate, within their terms of reference, in activities aimed at combating illegal immigration.
Article 8. The Authorities of the Interior of the Republic of Belarus
The authorities of the interior of the Republic of Belarus shall:
consider aliens' applications for permission to reside permanently in the Republic of Belarus;
take decisions on the alien's obtaining of permission to reside permanently in the Republic of Belarus, and issue immigrants with the appropriate documents certifying their right to reside permanently in the Republic of Belarus;
detain aliens who stay illegally in the Republic of Belarus;
find out, detain and deport aliens mentioned in Article 28 of this Law;
perform immigration control inside the territory of the Republic of Belarus by checking the legality of the aliens' presence in the Republic of Belarus;
participate, within their terms of reference, together with other agencies concerned, in activities aimed at combating illegal immigration.
Article 9. The Authorities of State Security of the Republic of Belarus
The authorities of state security of the Republic of Belarus shall:
within their terms of reference, check the persons who wish to immigrate in the Republic of Belarus;
find out persons involved in international terrorist organisations, and take measures to prevent them from entering the Republic of Belarus;
participate, within their terms of reference, together with other agencies concerned, in activities aimed at combating illegal immigration.
Article 10. Republican Government Authorities, Local Executive and Managing Authorities
Republican government authorities, local executive and managing authorities:
shall perform their functions in matters relating to immigration policy, interacting with the republican government authority for migration, in accordance with the legislation of the Republic of Belarus and taking into account the international practice of regulating migration processes, and
co-operate with international organisations.
CHAPTER 3. Obtaining Permission to Reside Permanently in the Republic of Belarus
Article 11. Determining an Immigration Quota
To secure government regulation of the process of immigration in the Republic of Belarus, the Council of Ministers of the Republic of Belarus, at the representation of the republican government authority for migration, may determine an immigration quota. The immigration quota shall be determined separately for each state.
The President of the Republic of Belarus shall have the right to decide on admitting more immigrants to the Republic of Belarus above the set immigration quota.
Article 12. The Procedure for Obtaining Permission to Reside Permanently in the Republic of Belarus
An alien who resides outside of the Republic of Belarus and who wishes to obtain permission to reside permanently in the Republic of Belarus, shall file documents as mentioned in part four of this article, with a diplomatic mission or a consular institution of the Republic of Belarus.
The diplomatic mission or consular institution of the Republic of Belarus shall accept the application and documents presented by the alien applying for permission to reside permanently in the Republic of Belarus, and refer them, in accordance with the established order, to an appropriate authority of the interior of the Republic of Belarus.
An alien who resides temporarily in the Republic of Belarus and wishes to obtain permission to reside in the Republic of Belarus permanently, shall file documents as mentioned in part four of this article, with the authority of the interior of the Republic of Belarus at the place of his intended residence.
To obtain permission to reside permanently in the Republic of Belarus, an alien shall present:
an application containing detailed information on the activity he intends to engage in in the Republic of Belarus, availability of funds to enter and live in the Republic of Belarus before he finds an employment, and the possibility of remitting these funds to the Republic of Belarus;
a valid passport issued by the state of his nationality or by the state of his permanent residence, or other documents that are accepted in accordance with the legislation of the Republic of Belarus as the ones that identify the personality of the applicant;
a health certificate;
other documents, the list of which is to be determined by the Council of Ministers of the Republic of Belarus.
An application for permission to reside permanently in the Republic of Belarus shall only be accepted after a state duty or consular fee has been paid, the procedure for payment and the size of which are to be established by the Council of Ministers of the Republic of Belarus.
A decision concerning the application for permission to reside permanently in the Republic of Belarus shall be taken by an appropriate authority of the interior of the Republic of Belarus within three months of receipt of the application along with all the necessary materials.
Article 13. The Right to Obtain Permission to Reside Permanently in the Republic of Belarus Granted to Certain Categories of Aliens
The right to obtain permission to reside permanently in the Republic of Belarus shall be granted to aliens who have lived in the Republic of Belarus for at least seven years, provided they are:
members of the staff of diplomatic, consular, trade and other missions and institutions of foreign states, or members of their families;
entrepreneurs or members of their families;
members of the staff of international organisations or members of their families;
employees of mass media accredited in the Republic of Belarus, or members of their families.
The right to obtain permission to reside permanently in the Republic of Belarus regardless of the residence in the Republic of Belarus shall be granted to such aliens as:
are highly skilled workers needed by the Republic of Belarus;
possess exceptional abilities or talent;
guarantee an investment of at least 150 thousand US dollars in the economy of the Republic of Belarus, or the implementation of concrete government programmes of the Republic of Belarus;
have been in the service of the Republic of Belarus outside its territory for at least ten years.
A decision concerning the obtaining by the aliens listed in this article of permission to reside permanently in the Republic of Belarus shall be taken by the Ministry of the Interior of the Republic of Belarus at the representation of relevant government authorities, with due regard for immigration quotas.
Article 14. Grounds for Denying Permission to Reside Permanently in the Republic of Belarus
An alien may be denied permission to reside permanently in the Republic of Belarus, if:
it is necessitated by the interests of national security, protection of public order, public health, protection of rights and lawful interests of the citizens of the Republic of Belarus and other persons;
facts have been found out of a violation of the legislation of the Republic of Belarus by him during his previous stay in the Republic of Belarus;
upon filing his application for permission to reside permanently in the Republic of Belarus, he gave false information about himself, or failed to present the required documents;
there is evidence that he is involved in smuggling operations, illegal trade in arms, drugs trafficking and smuggling of illegal migrants;
he is or was a member of terrorist of fascist organisations, or a person advocating war, social, ethnic, religious, or racial hostility;
he has been released from custody in the territory of another state and/or has an uncancelled or unquashed conviction;
he has a disease which is on the list of diseases that preclude entry into the territory of the Republic of Belarus.
The list of diseases that preclude entry into the territory of the Republic of Belarus shall be determined by the Ministry of Health of the Republic of Belarus and approved by the Council of Ministers of the Republic of Belarus.
Article 15. Cancellation of Permission to Reside Permanently in the Republic of Belarus
Permission to reside permanently in the Republic of Belarus may be cancelled if:
the alien has deliberately given false information about himself, or has concealed circumstances that essentially affected the decision to grant him permission to reside permanently in the Republic of Belarus;
it is necessitated by the interests of national security, protection of public order, public health, protection of rights and lawful interests of the citizens of the Republic of Belarus and other persons;
the alien has left, or received permission to reside permanently in another state;
the marriage contracted with a citizen of the Republic of Belarus or an alien has been nullified by a court of law;
the grounds on which the decision had been taken to grant the alien permission to reside permanently in the Republic of Belarus have been lost.
The decision to cancel permission to reside permanently in the Republic of Belarus in the instances mentioned in paragraphs two, three and four of part one of this article, shall be taken by the authority of the interior that has taken the decision to grant the alien permission to reside permanently in the Republic of Belarus, either on its own initiative or at the representation by competent government authorities.
The decision to cancel permission to reside permanently in the Republic of Belarus in instances mentioned in paragraphs five and six of part one of this article shall be taken through a court procedure.
The decision to cancel permission to reside permanently in the Republic of Belarus, within five days of taking it, shall be dispatched to the immigrant, as well as to the Ministry of Foreign Affairs of the Republic of Belarus.
The immigrant in respect of whom a decision has been taken to cancel permission to reside permanently in the Republic of Belarus, shall have the right to appeal against this decision through a court procedure within one month of being familiarised with the decision.
CHAPTER 4. The Procedure for Entry into the Republic of Belarus
Article 16. Entry into the Republic of Belarus
Aliens shall only enter the Republic of Belarus for permanent residence under valid passports or papers that are passport substitutes, provided they have an immigration visa issued in accordance with the established procedure.
Article 17. Immigration Visa
An alien who has been granted permission to reside permanently in the Republic of Belarus, shall be issued with an immigration visa by a diplomatic mission or consular institution of the Republic of Belarus.
The immigration visa shall be valid for entry into the Republic of Belarus within one year of its issue. If the alien, after receiving an immigration visa, failed to enter the Republic of Belarus within a year, and retains his right to an immigration visa, a new immigration visa may be issued to him in accordance with the established procedure.
Article 18. Unused Immigration Visas
The immigration visa of an alien who has been denied entry into the Republic of Belarus, or an immigration visa whose period of validity has expired whereas the alien failed to apply for its extension within the established period of time, shall be deemed unused.
Article 19. Registration of Aliens Who Arrive in the Republic of Belarus for Permanent Residence
An alien who arrives in the Republic of Belarus for permanent residence must, within three days, register himself with the authorised registration authority at the place of his actual residence. The alien must inform the authorities of the interior of the Republic of Belarus, within ten days, of all changes in his place of residence
Article 20. Medical Examination of Aliens
Aliens may be subjected to forced medical examination if there are sufficient grounds to believe that they have diseases that are on the list of dangerous diseases, or if it has been established that they have arrived in the Republic of Belarus from an area of massive epidemics of dangerous human or animal diseases.
A medical examination of aliens in the instances provided for in part one of this article, shall be performed by doctors who are staff members of regional health institutions, following a decision of health institutions with the approval by the prosecutor.
The periods of examination (check-up) of aliens shall be determined by medical indications.
Article 21. Residence Permit
Aliens who have been granted permission to reside permanently in the Republic of Belarus shall be issued with an appropriate residence permit of the Republic of Belarus.
The procedure for the issue of the residence permit of the Republic of Belarus shall be established by the Council of Ministers of the Republic of Belarus.
Article 22. Travel Document
The travel document shall be issued to certain categories of aliens permanently residing in the Republic of Belarus, for exit from and entry into the Republic of Belarus, for a period that shall not exceed the validity of the residence permit.
The procedure for the issue of the travel document shall be established by the Council of Ministers of the Republic of Belarus.
CHAPTER 5. Reunification of Family
Article 23. The Right to Reunification of Family
The right to reunification of the family shall be enjoyed by the spouse, minor children and other children who have not been married, having an invitation, respectively, from the spouse or parents who are citizens of the Republic of Belarus or immigrants.
Article 24. Special Cases of Reunification of Family
In some instances the right to reunification of the family may be granted to other close relatives of citizens of the Republic of Belarus or immigrants, provided the inviting person has adequate housing conditions and a lawful source of income to secure a minimum of subsistence for himself and members of his family.
A decision concerning special cases of reunification of the family shall be taken by the Ministry of the Interior of the Republic of Belarus in accordance with the procedure to be established by the Council of Ministers of the Republic of Belarus.
Article 22. Burden of Proof of the Right to Reunification of Family
In all instances of entry for the purpose of reunification of the family, the alien who wishes to enter the Republic of Belarus or the persons receiving him shall present documentary proof of the right to reunification of the family.
CHAPTER 6. Liability for Violating Legislation of the Republic of Belarus on Immigration
Article 26. Liability for Violating Legislation of the Republic of Belarus on Immigration
Violation of the legislation of the Republic of Belarus on immigration shall entail liability in accordance with the legislation of the Republic of Belarus in the event of:
aiding in the illegal entry of an alien into the Republic of Belarus, or illegal delivery of an alien to the Republic of Belarus;
harbouring an alien during his illegal presence in the Republic of Belarus;
bringing in an alien with a view to engaging in an activity that is prohibited in the Republic of Belarus or that is incompatible with the purpose of the alien's entry;
aiding or involvement in illegal transit of an alien through the territory of the Republic of Belarus;
concealment by an official of established facts of an alien's illegal entry into the Republic of Belarus and his illegal presence in its territory;
an alien's entry into the Republic of Belarus in violation of the legislation of the Republic of Belarus;
illegal employment of an alien or aiding in such employment;
other violations of the legislation of the Republic of Belarus on immigration.
Article 27. Collection of Fines and Reimbursement of Expenses
Fines exacted for violating the legislation of the Republic of Belarus on immigration shall be transferred to the republican budget.
Fines may be paid in freely convertible currency at an exchange rate to be set by the National Bank of the Republic of Belarus as at the date of payment of the fine.
The procedure for the payment of fines and reimbursement of expenses related to the consideration of cases of infringement of the legislation of the Republic of Belarus on immigration shall be determined by the Council of Ministers of the Republic of Belarus.
CHAPTER 7. Deportation
Article 28. Aliens to Be Deported
The following aliens are to be deported:
those who have arrived in the Republic of Belarus and stay in it illegally, unless criminal proceedings have been instituted against them in accordance with the legislation of the Republic of Belarus;
those whose permission to reside permanently in the Republic of Belarus has been canceled;
those who have committed serious crimes outside the Republic of Belarus.
Article 29. Deportation Procedure
Decisions to deport aliens mentioned in article 28 of this Law shall be taken by the appropriate authorities of the interior or state security of the Republic of Belarus.
Before the decision to deport is taken, the appropriate authorities of the interior or state security of the Republic of Belarus shall send a notice to the alien in question, indicating the reasons for deportation, the place and time of the examination of the matter, and explaining the right of the alien to be present in person at the hearings. Should the alien fail to appear at the hearings, the issue of deportation can be considered in his absence.
The decision of deportation can be appealed against in court in accordance with the established procedure.
A note of the alien's deportation shall be made in the alien's passport or in the document which is a substitute for the passport.
Ten years after the date of deportation, aliens deported from the Republic of Belarus can apply to appropriate authorities for permission to enter the Republic of Belarus.
Article 30. Detention of Aliens
After the decision to deport an alien has been taken, appropriate authorities of the interior or state security of the Republic of Belarus shall take measures to detain him, with the prosecutor's approval, for the period of time necessary to deport him, if there are reasons to believe that the alien in question may evade fulfilling the deportation decision.
The procedure for setting up temporary detention centres for aliens to be deported from the Republic of Belarus shall be established by the Council of Ministers of the Republic of Belarus.
If the alien has lodged a complaint with a court of law requesting review of the deportation decision, he may be remanded on bail in accordance with the procedure established by the legislation of the Republic of Belarus.
Article 31. Suspension of Deportation
The procedure of deportation may be suspended, if:
new circumstances have come to light, as a result of which the alien or members of his family may be granted asylum or refugee status in the Republic of Belarus;
the court of law is considering the alien's appeal for a review of the deportation decision.
Article 32. Voluntary Departure of Alien
An alien with respect to whom the procedure of deportation has been started, can declare his willingness to leave the Republic of Belarus voluntarily and at his own expense. The issue of the alien’s voluntary departure shall be decided upon by the authorities of the interior of the Republic of Belarus.
An alien leaving the Republic of Belarus voluntarily shall be entitled to choose the country to which he would like to go.
Voluntary departure of the alien shall not be allowed, if the issue of his deportation has been raised because of his illegal activities or activities aimed at subverting national security of the Republic of Belarus, or because of other activities constituting public menace for the Republic of Belarus.
An alien who has left the Republic of Belarus voluntarily, may in five-years’ time after departure apply to the relevant authorities for permission to enter the Republic of Belarus.
Article 33. The State to which an Alien Is Deported
An alien in respect of whom a decision of deportation has been taken, shall be deported to the state of his nationality or to the state from which he had arrived in the Republic of Belarus.
If the alien is threatened with persecution unrelated to measures of criminal law in the state from which he has arrived in the Republic of Belarus, or if there is a fear that he may be expelled from that state to another state where he might be threatened with such persecution, a decision may be taken to deport this alien to a third state which will express its agreement to receive him.
Escorting of the alien being deported shall be carried out by the authorities of the interior of the Republic of Belarus up to the border crossing point, and it shall be terminated after the alien has crossed the State Border of the Republic of Belarus.
Article 34. Costs of the Deportation Procedure
All the costs of the deportation procedure, including investigation and trial in court, shall be covered by the alien in question or by the legal entities or natural persons of the Republic of Belarus that have solicited for his entry.
In certain instances, if it is impossible to have the costs covered by the alien, the deportation procedure shall be carried out at the expense of the budget of the Republic of Belarus, or at the expense of the budget of the state seeking extradition of the alien.
SECTION V. Concluding Provisions
Article 35. Entry into Force of the Present Law
This Law shall enter into force six months after the date of its publication.
Article 36. Bringing Acts of Legislation in Agreement with the Present Law
The Council of Ministers of the Republic of Belarus, within three months of the entry into force of the present Law, shall take measures to bring the legislation of the Republic of Belarus in agreement with the present Law.
President of the Republic of Belarus
A. Lukashenko