Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF BELARUS

of January 4, 2010 No. 105-Z

About legal status of foreign citizens and stateless persons in the Republic of Belarus

(as amended on 16-12-2019)

Accepted by the House of Representatives on December 11, 2009

Approved by Council of the Republic on December 17, 2009

This Law is directed to determination of legal status of foreign citizens and stateless persons in the Republic of Belarus, including on establishment of procedure for their entry into the Republic of Belarus, stay in the Republic of Belarus and departure from the Republic of Belarus, and also on regulation of other relations connected with stay of these persons in the Republic of Belarus.

Chapter 1. General provisions

Article 1. The main terms used in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are used:

close relatives are parents, adoptive parents (adopters), children including adopted (adopted) brothers and sisters, the grandma, the grandfather, grandsons;

the residence permit in the Republic of Belarus (further – the residence permit) – the identity document of the foreign citizen, stateless person (further if other is not determined by this Law, – the foreigner) in the territory of the Republic of Belarus and confirming receipt by the foreigner of permission to permanent residence in the Republic of Belarus (further – permission to permanent residence);

the visa of the Republic of Belarus (further – the visa) – the permission granting to the foreigner the right to crossing of Frontier of the Republic of Belarus (further – Frontier) for the purpose of entry into the Republic of Belarus and (or) departure from the Republic of Belarus, stay in the Republic of Belarus or transit (transit) through the territory of the Republic of Belarus during the term specified in this permission, and drawn up according to the procedure, established by the legislation of the Republic of Belarus;

the foreigner who is temporarily staying in the Republic of Belarus – person who arrived to the Republic of Belarus for the term of no more than ninety days in the calendar year based on the visa or according to the procedure which is not requiring receipt of a visa and not having permissions to temporary residence in the Republic of Belarus (further – permission to temporary residence) or permissions to permanent residence if other is not determined by this Law and international treaties of the Republic of Belarus;

the foreigner who is temporarily living in the Republic of Belarus – person who received according to the procedure, established by legal acts of the Republic of Belarus, permission to temporary residence;

expulsion from the Republic of Belarus (further – dispatch) – expulsion of the foreigner out of limits of the Republic of Belarus according to this Law;

the document for trip abroad – the valid passport or other document replacing it, intended for trip abroad and issued by relevant organ of the state of civil accessory or the regular residence of the foreigner or the international organization;

immigration quota – limit annual rate of acceptance of foreigners on permanent residence to the Republic of Belarus;

the foreign citizen – the person who is not the citizen of the Republic of Belarus and having the evidence of the belonging to nationality (citizenship) (further if other is not determined by this Law, – nationality) other state;

the stateless person – the person who is not the citizen of the Republic of Belarus and not having the evidence of the belonging to nationality of other state;

migratory control – control of legality of entry into the Republic of Belarus, stay in the Republic of Belarus, departure from the Republic of Belarus and transit (transit) through the territory of the Republic of Belarus of foreigners;

registration authorities of the foreigners who are temporarily staying in the Republic of Belarus (further – registration authorities) – the Ministry of Foreign Affairs, divisions on nationality and migration of territorial authorities of internal affairs of the Republic of Belarus (further – divisions on nationality and migration);

the foreigner who is constantly living in the Republic of Belarus – person who received according to the procedure, established by legal acts of the Republic of Belarus and resolutions of Council of Ministers of the Republic of Belarus, permission to permanent residence and the residence permit;

permission to temporary residence – the decision of division on nationality and migration granting to the foreigner the right to temporary residence in the Republic of Belarus during the term established by this Law;

permission to permanent residence – the decision of division on nationality and migration granting to the foreigner the right to permanent residence in the Republic of Belarus;

registration of the foreigner who is temporarily staying in the Republic of Belarus – fixing in accordance with the established procedure registration authorities of data on the place and term of temporary stay of the foreigner in the Republic of Belarus;

transit (transit) of the foreigner through the territory of the Republic of Belarus – entry of the foreigner into the Republic of Belarus from one state, following along the established route through the territory of the Republic of Belarus and departure of the foreigner from the Republic of Belarus to other state;

members of the family of the foreigner – the spouse (spouse); the children including adopted (adopted), who did not reach eighteen years, except for those which acquired capacity to act in full according to the legislation of the Republic of Belarus; children, including adopted (adopted), are more senior than eighteen years, being disabled *, not married, being dependent on the foreigner; disabled parents and adoptive parents (adopters) **, being dependent on the foreigner.

______________________________

* For the purposes of this Law are understood as disabled children:

disabled people of I or II groups;

the students getting the general secondary, vocational education, and also receiving for the first time in day form of education professional, secondary vocational, higher education.

** For the purposes of this Law are understood as disabled parents and adoptive parents (adopters):

disabled people of I or II groups irrespective of age;

persons which reached generally established retirement age.

Article 2. Nationality of the foreign citizens having multiple nationality

The foreign citizens having nationality of two and more states are considered in the Republic of Belarus as citizens of that state according to which documents for trip abroad they drove to the Republic of Belarus.

Article 3. The legislation of the Republic of Belarus on legal status of foreigners in the Republic of Belarus

The legislation of the Republic of Belarus on legal status of foreigners in the Republic of Belarus is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation of the Republic of Belarus.

Article 3-1. Action of rules of international law in the sphere of legal status of foreigners in the Republic of Belarus

The Republic of Belarus recognizes priority of the conventional principles of international law and provides compliance to them of the legislation of the Republic of Belarus on legal status of foreigners in the Republic of Belarus.

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 4. Bases of legal status of foreigners in the Republic of Belarus

Foreigners in the territory of the Republic of Belarus have the rights and freedoms and fulfill duties on an equal basis with citizens of the Republic of Belarus if other is not determined by the Constitution of the Republic of Belarus, this Law, other legal acts and international treaties of the Republic of Belarus.

Features of legal status of the foreigners petitioning for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus and also foreigners to whom are provided the status of the refugee additional protection, shelter or temporary protection in the Republic of Belarus, are regulated by special legal acts of the Republic of Belarus.

Features of legal status of the foreigners petitioning for provision of the status of the refugee, either additional protection, or shelter in the Republic of Belarus and also foreigners to whom are provided the status of the refugee either additional or temporary protection, or shelter in the Republic of Belarus, are regulated by special legal acts of the Republic of Belarus.

If other state limits or breaks the universally recognized norms of legal status of foreign citizens concerning citizens of the Republic of Belarus, in the Republic of Belarus response restrictions on the rights and freedoms of citizens (citizens) of this state can be set. Such restrictions in case of their establishment do not extend to the foreigners specified in part two of this Article.

Article 5. Responsibility for violation of this Law

Persons guilty of violation of the law of the Republic of Belarus about legal status of foreigners in the Republic of Belarus, bear responsibility according to legal acts of the Republic of Belarus.

Article 6. Financing and material logistics of the actions determined by this Law

Financing and material logistics of the actions determined by this Law are made at the expense of the means of the republican budget provided on content of the relevant republican state bodies of the Republic of Belarus, and other sources according to the legislation of the Republic of Belarus.

Chapter 2. The rights, freedoms, obligations and responsibility of foreigners in the Republic of Belarus

Article 7. Personal rights and freedoms

Integrity of human beings and dwellings, other personal rights and freedoms are guaranteed to foreigners in the Republic of Belarus according to the Constitution of the Republic of Belarus and other legal acts of the Republic of Belarus.

Article 8. Movement and the choice of the place of stay (residence) within the territory of the Republic of Belarus

Foreigners have the right to freely move and choose the place of stay (residence) within the territory of the Republic of Belarus according to this Law and other acts of the legislation of the Republic of Belarus.

The procedure for movement of foreigners and the choice of the place by them stay (residence) within the territory of the Republic of Belarus are determined by this Law and Rules of stay of foreign citizens and stateless persons in the Republic of Belarus approved by Council of Ministers of the Republic of Belarus (further - Rules of stay).

Foreigners can freely move on the territory of the Republic of Belarus, except for places which visit requires the special permission issued by authorized state bodies or other organizations of the Republic of Belarus, and objects, entrance on which territory and stay on it requires the special permission issued by administrations of these objects.

The list of places for which visit foreigners need special permission, and objects for which entrance on the territory and stay on it foreigners need special permission, and also state bodies and other organizations of the Republic of Belarus, authorized to issue such permissions, is determined by Council of Ministers of the Republic of Belarus.

Features of movement of the foreigners who drove to the Republic of Belarus based on the document determined by the international treaty of the Republic of Belarus regulating procedure for mutual trips of inhabitants of the border territories (further - permission to border movement), are established by international treaties of the Republic of Belarus.

Article 9. Participation in political parties and other public associations

Foreigners can enter into the labor unions and other public associations created and operating in the territory of the Republic of Belarus if it is provided by their charters.

Foreigners cannot be members of the political parties and other public associations created and operating in the territory of the Republic of Belarus, pursuing political goals.

Article 10. Social and economic rights

The foreigners who are constantly living in the Republic of Belarus have all social and economic rights which citizens of the Republic of Belarus, including the right to social protection have.

The social and economic rights of the foreigners who are temporarily staying and temporarily living in the Republic of Belarus are determined by legal acts and international treaties of the Republic of Belarus.

Article 11. Implementation of labor, business and other activity in the Republic of Belarus

The foreigners who are constantly living in the Republic of Belarus have the right to be engaged in labor and business activity on an equal basis with citizens of the Republic of Belarus according to the procedure, established by legal acts of the Republic of Belarus, taking into account the restrictions provided by articles 19 and 20 of this Law.

The procedure for occupation labor activity the foreigners who are temporarily staying and temporarily living in the Republic of Belarus is determined by special legal acts of the Republic of Belarus.

The foreigners who are temporarily staying and temporarily living in the Republic of Belarus, having no right to perform in the Republic of Belarus business activity without formation of legal entity if other is not determined by legal acts and international treaties of the Republic of Belarus.

The foreigners who are temporarily staying and temporary living in the Republic of Belarus, have the right to enable one-time sales of goods in the markets and (or) in other places established by local executive and administrative organs on special permissions.

State bodies of the Republic of Belarus in which the foreigner can address for issue of the special permission specified in the parts four of this Article, documents necessary for its issue, effective period of such permission and also the amount of the payment levied for its issue are determined by legal acts of the Republic of Belarus.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.