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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 3, 2006 No. 144

About approval of the Regulations on procedure for issue to foreign citizens and persons without citizenship of permissions to permanent residence in the Republic of Belarus

(as amended on 27-08-2021)

Based on part four of article 53 of the Law of the Republic of Belarus of January 4, 2010 "About legal status of foreign citizens and stateless persons in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 105-Z

1. Approve Regulations on procedure for issue to foreign citizens and persons without citizenship of permissions to permanent residence in the Republic of Belarus it (is applied).

1-1. Grant to the Ministry of Internal Affairs the right to explain questions of application of this resolution.

2. This resolution becomes effective since February 5, 2006.

 

Prime Minister of the Republic of Belarus

S. Sidorsky

Approved by the Resolution of Council of Ministers of the Republic of Belarus of February 3, 2006 No. 144

Regulations on procedure for issue to foreign citizens and persons without citizenship of permissions to permanent residence in the Republic of Belarus

Chapter 1. General provisions

1. This Provision developed according to part four of article 53 of the Law of the Republic of Belarus "About legal status of foreign citizens and stateless persons in the Republic of Belarus" (further – the Law), determines procedure for issue to foreign citizens and stateless persons (further if other is not determined by this Provision, – foreigners) permissions to permanent residence in the Republic of Belarus (further – permission to permanent residence).

2. For the purposes of this provision permission to permanent residence is understood as the decision of division which is drawn up in the form of the conclusion on nationality and migration of territorial authorities of internal affairs (further – division on nationality and migration) granting to the foreigner the right to permanent residence in the Republic of Belarus.

3. For receipt of permission to permanent residence the foreigner who is outside the Republic of Belarus addresses to diplomatic representation or consular establishment of the Republic of Belarus in the state of permanent residence (further – foreign institution of the Republic of Belarus), and the foreigner who is temporarily staying or temporarily living in the Republic of Belarus – in division on nationality and migration in the place of expected permanent residence in the Republic of Belarus.

4. Accounting and storage of materials concerning the foreigners who are petitioning for receipt of permission to permanent residence or got permission to permanent residence are performed according to the procedure, determined by the Ministry of Internal Affairs.

Chapter 2. Procedure for consideration of addresses of foreigners about issue of permissions to permanent residence and control of permanent residence of foreigners

5. The foreigner for receipt of permission to permanent residence represents to foreign institution of the Republic of Belarus or division on nationality and migration in the place of expected permanent residence the statement for issue of permission to permanent residence in the Republic of Belarus according to appendix and other documents established by legal acts.

The statement for issue of permission to permanent residence to the minor foreigner and other documents established by legal acts are represented to foreign institution of the Republic of Belarus or division on nationality and migration in the place of expected permanent residence in the Republic of Belarus by the legal representative of this minor foreigner.

The foreigner who filed in foreign institution of the Republic of Belarus petition for issue of permission to permanent residence on the bases provided in parts one and third article 55 of the Law in addition to the documents established by legal acts represents notarially certified invitation from the citizen of the Republic of Belarus or the foreigner who is constantly living in the Republic of Belarus (further – the inviting person) about entry into the Republic of Belarus on permanent residence.

In the absence of criminal record of the foreigner petitioning for receipt of permission to permanent residence, such data are requested by law-enforcement body according to the statement of the foreigner with indication of the reasons for which it cannot provide them independently, competent authorities have states of its civil accessory or the permanent residence.

5-1. The division on nationality and migration in case of the address of the stateless person with the statement for receipt of the permission to permanent residence which is in the Republic of Belarus more than three years provided that there is no state which agreed to accept it, conducts interview for clarification of circumstances of loss of nationality, possible availability of nationality of foreign states or permissions to permanent residence in foreign states.

The person without citizenship has the right to submit the data and documents important for decision making according to its statement.

By results of interview, and also taking into account the available data and documents the division on nationality and migration makes the decision on to what states it is necessary to send inquiries for receipt of data on belonging to nationality, exit from foreign citizenship or its loss, and also availability of permission to permanent residence.

After receipt of answers or in case of their absence within 6 months from the moment of the direction of requests division on nationality and migration materials about issue of permission to permanent residence prepare and go for consideration to management on nationality and migration of Main Department of Internal Affairs of the Minsk city executive committee or the Department of Internal Affairs of regional executive committees (further – management on nationality and migration).

6. The decision on issue (about refusal in issue) permissions to permanent residence to the foreigners specified in paragraphs the second or eighth, eleventh and twelfth to Article part one 53, and also parts one of article 55 of the Law is accepted by division on nationality and migration and is drawn up in the form of the conclusion.

The decision on issue (about refusal in issue) permissions to permanent residence to the foreigners specified in paragraphs nine and the tenth to part one, part two of Article 53 and part three of article 55 of the Law is accepted by management on nationality and migration and is drawn up in the form of the conclusion.

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