Rules for foreigners staying in the Republic of Belarus

The legal status of foreigners and stateless persons in the Republic of Belarus is regulated by The Law of the Republic of Belarus of January 4, 2010 №105-Z "Of the legal status of foreign citizens and stateless persons in the Republic of Belarus" (hereinafter - the Law).

The resolution of the Council of Ministers of the Republic of Belarus of January 20, 2006 №73 "On approval of the Rules of the stay at the Republic of Belarus for foreign citizens and stateless persons" (hereinafter - the Rules for Staying) entered into force on February 5, 2006.
The resolution of the Council of Ministers of the Republic of Belarus on February 3, 2006 №142 "Regulation on the procedure for using the migration card and its form" entered into force on February 5, 2006.
Chapter 4 of the Law involves three modes for foreigners stay in the Republic of Belarus: temporary admission, temporary and permanent residence in the Republic of Belarus.
In accordance with the section 39 of the Law the period of temorary admission in the Republic of Belarus is determined by the duration of validity of the visa and may not exceed 90 days a year from the date of entry into the Republic of Belarus.

The period of temporary admission of a foreigner in the Republic of Belarus who arrives in a manner not requiring a visa may not exceed 90 days a year from the date of the first entry into the Republic of Belarus.
Temporarily admission foreigner is obliged to leave the Republic of Belarus until the expiration of the visa of the period provided for by the first and second parts of the section 39 if at the moment of expiry of the term the period of tempopary admission is not extended or temporary residence or a permanent residence permit is not obtained.
The period of temporary admission of a foreigner in the Republic of Belarus may be extended or reduced in case of change or loss of the basis for permission to enter the Republic of Belarus.
In accordance with the section 48 of the Law permit for temporary residence is issued to foreigners:
·         If they arrived to stude on the territory of the Republic of Belarus in institutions providing vocational, specilized secondary, higher and postgraduate education, training and retraining courses. Permit for temporary residence is issued for the study period, but not longer than one year.
·         If foreigners are spouses, close relatuves of Belarusian citizens of foreigners who are permanently residence in the Republic of Belarus. Permit for temporary residence is issued for the duration of the admission, but not longer than one year.
·         If foreigners arrived for employment or engaged in labour, entrepreneurial or other activities on the territory of the Republic of Belarus in the manner establiched by the legislation of the Republic of Belarus. Permit for temporary residence is issued for the duration of the admission, but not longer than one year.
·         Foreigners who are under tutorship (guardianship) by citizens of the Republic of Belarus, as well as foreigners who permanently reside in the Republic of Belarus. Permit for temporary residence is issued for the duration of tutorship (guardianship), but not longer than one year.
· If foreigners are ethnic Belarusians or their relatives in direct descending line: children, grandchildren and great-children born outside the territory of modern Republic of Belarus. Permit for temporary residence is issued for the duration of the admission, but no longer than one year.
·         If foreigners are qualified to acquire the nationality of the Republic of Belarus by registration. Permit for temporary residence is issued for the duration of the admission, but not longer than one year.
·         If foreigners previously were citizens of the Republic of Belarus. Permit for temporary residence is issued for the duration of the admission, but not longer than one year.
· If foreigners have an ownership of dwelling unit in the Republic of Belarus. Permit for temporary residence is issued for the duration of the admission, but not longer than one year.
·         If foreigners applied for refugee status or sudsidiary protection or refuge in the prescribed manner by legislative acts of the Republic of Belarus. Permit for temporary residence is issued for the duration of consideration of the application, but not longer than one year.
·         If foreigners have been granted refugee statusin the Republic of Belarus. Permit for temporary residence is issued for the duration of the admission not longer than one year in order to receive permanent residence.
·         If foreigners have been granted additional protection in the Republic of Belarus. Permit for temporary residence is issued for the duration of additional protection, but not longer than one year.
·         If foreigners cannot return against their will to the territory of the state where their life or freedom is at risk because of their race, religion, citizenship, nationality, membership of a particular social group or political opinion, or the threat of torture, or the absence of state that will accept them. Permit for temporary residence is issued for a period during which the return or deport is impossible, but not longer than one year.
·         If foreigners receive medical care in health care organizatons of the Republic of Belarus. Permit for temporary residence is issued for the duration of treatment, but not longer than one year.
· In accordance with other grounds provided by the legislation of the Republic of Belarus, including international treaties of the Republic of Belarus.
The section 29 of the Law provides the filling of the migration card and is presented to the border service officer at the State Border checkpoint.

The foreigner is obliged to pass the migration card to a border guard officer at a state border crossing point.
Border guard officer puts a mark about entering and (or) leaving of a foreigner in the Republic of Belarus in the migration card.
Foreigners, who arrived in th Republic of Belarus (except those who are not subject to registration in accordance with the Law), must register with the Ministry of Foreign Affairs, or an internal affairs agency, or a hotel, or a sanatorium-resort and health-improving organization (hereinafter registration authority) in the place of temporary admission in accordance with the Law and the Rules of Residence (Chapter 4, Article 42), unless otherwise defined by the Law (Article 45), within five days except of weekends, state or other holidays.
In accordance with the section 3 of the Law, the rules of an international treaty apply if an international treaty of the Republic of Belarus establishes other rules than in the above-mentioned Law.
Information on the current rules for the import and export of goods fo personal use by foreign citizens and citizens of the Republic of Belarus is presented on the State Customs Committee website of the Republc of Belarus www.customs.gov.by
Information about the various aspects of entry and exit from the territory of the Republic of Belarus of foreigners and citizens of the Republic of Belarus is available on the following websites of government agencies of the Republic of Belarus:
– The website of the State Border Committee of theRepublic of Belarus : www.gpk.gov.by
– The website of the Ministry of Internal Affairs of the Republic of Belarus: www.mvd.gov.by
The law of the Republic of Belarus "Of the legal status of foreign citizens and stateless persons in the Republic of Belarus"
Rules of the stay at the Republuc of Belaus for foreign citizens and stateless persons
Regulation on the procedure for using the migraton card