Rules of Stay for Foreigners and Stateless Persons in the Republic of Belarus (1996) (English)
Rules of Stay for Foreigners and Stateless Persons in the Republic of Belarus
Entry into force: January 1996
Issuance of residence permits to foreigners staying in Belarus
1. In conformity with the Law of the Republic of Belarus (RB) of June 3, 1993 "On Legal Status of Foreigners and Stateless Persons in the RB" and other sub-legislative acts the following Rules determine the order of:
- issuance of documents for residence in the RB for foreigners and stateless persons (further on-foreigners);
- issuance of residence permits;
- traveling at the territory of the RB;
- selection of the place of residence;
- sanctions for violation of the Rules, shortening of stay and deportation
2. Foreigners are obliged to enter and depart Belarus through officially established control stations on the boarder and be in possession of valid passport or other substituting documents, issued in the country of their permanent residence, and a Belarusian visa.
3. The order of visa issuance and extension is determined by the "Instructions on Visa Issuance" adopted by the Ministry of Foreign Affairs (MOFA), Ministry of Interior (MOI) and State Military Boarder Control.
4. Foreigners at the territory of Belarus have to be in the possession of a valid passport registered in due order with the MOI Belarus, and have to produce the passport at the request of competent authorities.
5. The inviting organization has to communicate to persons they invite their rights and obligations, which are determined in the Constitution of the RB, "Law on Legal Status of Foreigners and Stateless Persons" and present Rules Inviting organization undertakes the responsibilities for timely registration, traveling in Belarus and departure at the date of expiration of the visa or registration.
6. Persons, who invite foreigners on private business and accommodate the, have to help the foreigners with due and timely registration. It is not permitted to accommodate foreigners, provide them with transport and render other services, if any these acts presuppose violation of present Rules.
7. MOI bodies together with state security execute control on observance of present Rules.
Issuance of residence permits to foreigners staying in Belarus
8. Foreigners staying in Belarus are obliged to be in the possession of a valid passport, registered in due order determined by present Rules. Passports have to be submitted for registration within three working day after arrival in Belarus. Foreigners are registered for the whole period of their stay.
For registration and extension of registration state duties are exacted in due order and rate.
9. Exempted from passport registration are:
9.1. Heads of foreign countries, governments, members of parliamentary and governmental delegations (invited by the President of the RB, Supreme Soviet of the RB or the Council of Ministers), as well as the members of their families and technical staff of delegations.
9.2. Holders of UN passports.
9.3. Minors under 16 years of age.
9.4. Foreigners, entering Belarus on holidays, weekends or less than for three days and departing within this period of time.
9.5. Crew members of foreign military aircrafts, arriving in Belarus in due order.
9.6. Members of crew on international airlines,
9.7. trains, freight and passenger transportation lines, as long as they stay at points determines by their route.
10. For registration in the MOFA are accepted the passports of:
10.1. Heads, members and employees of diplomatic missions, consulates, military attaché and trade missions, as well as members of their families and guests as long as they reside on the territory of these missions.
10.2. Employees (and their families) of international organizations, which enjoy diplomatic privileges and immunity.
Persons in question receive diplomatic or consulate cards, or a respective entry in their passports and are not subjected to registration in hotels or by MOI bodies.
11. MOFA has the right to register state and public persons and members of their families on the request of inviting organizations or diplomatic missions, as well as members of international organizations not noted in Par. 9 of present Rules. In this case persons in question are not subjected to registration in hotels and by local MOI bodies.
12. Foreigners (exempt of those, who come to work in Belarus in conformity with agreements or contracts - working migrants) are registered in hotels. Registration is executed on personal request or a letter of the inviting organization.
13. Passports of foreigners, exempts of those noted in Par. 10, are registered by local MOI bodies on written requests of inviting organizations.
Passports of working migrants are registered on written request of a business or economic management organization, which is in possession of a respective license on bringing foreign workers to Belarus (issued in due order by State Migration Service at the Ministry of Trade).
Foreigners, who come to Belarus on private business, are be registered only if they have a valid Belarusian visa.
14. Registration can be extended only after the extension of the Belarusian visa.
15. Foreigners, registered by MOFA, have to extend registration in there
Issuance of residence permits to foreigners residing in RB
16. Applications for residence permit are submitted to local MOI bodies (when a foreigner is living in Belarus) or to Belarusian diplomatic missions and consulates (when living abroad).
17. Foreigners, who are granted residence permit, receive a respective certificate.
18. Issuance of residence permit for persons over 16 is executed by local MOI bodies for the period of validity of their passports but not exceeding 5 years. For persons over 45 the term of residence permit is indefinite. The same regulations apply to stateless persons.
Application on extension of a residence permit has to be submitted by foreigners to local MOI bodies not later than 10 days before the expiration date and in case of loss - immediately.
19. Permanent residents of the states, which have signed an agreement on prevention of dual citizenship, can be granted a Belarusian residence permit only in case they submit a document, certifying that they are permitted to case their former citizenship.
20. Residence permit for stateless persons can be substituted by a residence permit for foreigners, if a person submits a valid passport.
21. Foreign citizens, permanently residing in Belarus, are subjected to the rules of registration and cancellation of registration (propiska/vypiska) as the citizens of Belarus.
Traveling at the territory of Belarus and decision on the place of residence
22. Foreigners are permitted to travel all over Belarus, except entering locations, which require special permit from local MOI bodies.
23. Entrance and stay in areas adjoining border of Belarus is prohibited, except in cases, when:
- location is stated in the invitation;
- foreigners are granted a special permit from MOI or military bodies.
24. Foreigners, who change the place of their residence in Belarus, violate the present Rules and are obliged to return to the former place of their residence on MOI bodies instructions.
Responsibilities for violation of present Rules. Shortening of stay in Belarus and deportation from the country.
25. Foreigners, violating present Rules are amenable in accordance with the "Law on Legal Status of Foreigners and Stateless Persons".
Violations of the present Rules by other persons, who have to obey them (including citizens of Belarus, who invite foreigners on private business), are amenable according to Belarusian legislation.
26. Shortening the term of stay or deportation from Belarus is executed on the basis of articles 24 and 25 of the "Law on Legal Status".
27. Decisions on shortening the term of stay are taken by MOI bodies. Decisions on deportation are taken by MOI or state security bodies with further notice of this decision to be communicated (through MOFA) to representatives or respective diplomatic missions or consulates of a foreign state.
28. Deportation of foreigners is executed in due order by MOI or state security bodies.