Special permit to engage in labor activity

A special permit is a document confirming the right of an immigrant worker to engage in labor activities under an employment contract with an employer in the Republic of Belarus.

A special permit is issued to an employer in the Republic of Belarus in relation to a foreigner who does not have permanent residence permission in the Republic of Belarus, by the departments of citizenship and migration of the internal affairs bodies of regional executive committees.

Applying for a special permit is the responsibility of the employer — the business entity that has invited a foreigner to work.

A foreigner who does not have permanent residence permission in the Republic of Belarus may engage in labor activities with several employers in the Republic of Belarus if each of them has the appropriate special permit.

The validity period of a special permit may be extended once at the request of the employer in the Republic of Belarus. After the expiration of the special permit, the employer in the Republic of Belarus has the right to apply for a new permit.

When working for several employers in the Republic of Belarus, foreigners are required to obtain a special permit to work for each of them.

A special permit is not required for foreigners:

• who have been granted refugee status or additional protection or asylum in the Republic of Belarus;
• applying for refugee status or additional protection or asylum in the Republic of Belarus;
• invited to the Republic of Belarus for a period not exceeding ninety days to give a course of lectures or perform other educational work in educational institutions of the Republic of Belarus that provide higher education, professional development and (or) retraining of personnel, or to carry out installation (supervisory installation) of equipment and (or) provide services for training personnel to operate this equipment;
• working in diplomatic missions, consular offices of foreign states, representations and (or) bodies of international organizations or interstate entities accredited in the Republic of Belarus;
• accredited in the Republic of Belarus as journalists of foreign media;
• who are heads of foreign organizations' representations;
• who are clergy invited by religious associations registered in the prescribed manner on the territory of the Republic of Belarus to engage in religious activities;
• undergoing industrial practice in accordance with programs, educational standards for the specialty, curricula and educational programs of educational institutions in the Republic of Belarus;
• who are receiving higher education in educational institutions of the Republic of Belarus and are being employed in their field of study;
• who have received higher education in educational institutions of the Republic of Belarus and are being employed in their acquired specialty and assigned qualification within one year after obtaining the specialty and qualification;
• who are persons obliged to reimburse the expenses incurred by the state for the maintenance of children in state care;
• who are being employed in another manner determined by international treaties of the Republic of Belarus.

To issue a special permit to a foreigner for the right to engage in labor activity in the Republic of Belarus, the employer submits the following DOCUMENTS to the department for citizenship and migration:

• an application from the citizen who is the employer in relation to the foreigner;
• a passport or other document identifying the citizen who is the employer in relation to the foreigner;
• a copy of the foreigner's document for traveling abroad;
• a document confirming the payment (5 base amounts; free of charge for citizens who are investors who have concluded an investment agreement with the Republic of Belarus when implementing investment projects).

The special permit is issued within 15 days from the date of submission of the application (7 days for citizens who are investors who have concluded an investment agreement with the Republic of Belarus when implementing investment projects).

The validity period of the special permit is 1 year.

For countries with a visa regime for entry, a copy of the special permit for a labor immigrant to engage in labor activity in the Republic of Belarus, issued by the department for citizenship and migration and certified by a notary of the Republic of Belarus, is a document of visa support confirming the purpose and conditions of the visit.

A sample application for a visa with the right to work for hire is in APPENDIX 1.

Upon arrival in Belarus, a foreigner is issued a temporary residence permit by the departments for citizenship and migration in the prescribed manner, and, if necessary, an exit-entry visa.

To extend the validity period of special permits for the right to engage in labor activity in the Republic of Belarus, it is necessary to submit the following DOCUMENTS to the department for citizenship and migration:

• an application from the citizen who is the employer in relation to the foreigner;
• a passport or other document identifying the citizen who is the employer in relation to the foreigner;
• a copy of the foreigner's document for traveling abroad;
• a special permit for the right to engage in labor activity subject to extension;
• a document confirming payment (3 base amounts; free of charge for citizens who are investors who have entered into an investment agreement with the Republic of Belarus when implementing investment projects).

The validity period of the special permit is also extended by 1 year.

Hiring foreigners without a special permit entails liability for employers in the Republic of Belarus in accordance with the legislation of the Republic of Belarus.

A special permit may be refused:

• in the interests of national security of the Republic of Belarus, public order, protection of morality, public health, rights and freedoms of citizens of the Republic of Belarus and other persons;
• if a foreigner who does not have a permanent residence permit in the Republic of Belarus is a citizen (subject) of a state that is unfavorable in migration terms;
• a foreigner during his stay in the Republic of Belarus was subjected to administrative liability several times (five or more times) within one calendar year and the period has not expired, after which he is considered not to have been subjected to administrative punishment.

A special permit is refused in the case of:

• submission by an employer in the Republic of Belarus of documents containing false information and (or) information that does not comply with the requirements of the legislation of the Republic of Belarus, including forged, falsified or invalid documents;
• conviction in the Republic of Belarus of a foreigner involved in labor activities in the Republic of Belarus for committing a crime with a penalty in the form of deprivation of the right to hold certain positions or engage in certain activities, for which the specified foreigner is involved in the Republic of Belarus, if the conviction for this crime has not been expunged or extinguished;
• inclusion of a foreigner who does not have a permanent residence permit in the Republic of Belarus in the List of persons whose entry into the Republic of Belarus is prohibited or undesirable;
• failure of an employer in the Republic of Belarus to comply with the requirements established by this Law and other acts of the legislation of the Republic of Belarus on external labor migration;
• receipt of a negative conclusion on the possibility of a foreigner engaging in labor activity.

A special permit may be annulled:

• in the interests of national security of the Republic of Belarus, public order, protection of morality, public health, rights and freedoms of citizens of the Republic of Belarus and other persons;
• a foreigner during his stay in the Republic of Belarus was subjected to administrative liability several times (five or more times) within one calendar year and the period has not expired, after which he is considered not to have been subjected to administrative punishment.

A special permit is canceled in the following cases:

• detection of the fact that the employer from the Republic of Belarus submitted documents containing false information and (or) information that does not comply with the requirements of the legislation of the Republic of Belarus, including forged, counterfeit or invalid documents that served as the basis for issuing a special permit;
• conviction in the Republic of Belarus of an immigrant worker for committing a crime with the imposition of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities, for which a special permit was issued for him;
• inclusion of an immigrant worker in the List of persons whose entry into the Republic of Belarus is prohibited or undesirable;
• liquidation of a legal entity, deregistration of a foreign organization with the tax authorities of the Republic of Belarus, termination of the activities of an individual entrepreneur, or death, declaration of death, recognition as missing of an individual acting as employers in the Republic of Belarus;
• return of the special permit by the employer from the Republic of Belarus to the department of citizenship and migration in connection with the non-conclusion or termination of the employment contract with the immigrant worker in respect of whom this special permit was issued;
• an immigrant worker receiving a permanent residence permit in the Republic of Belarus or acquiring citizenship of the Republic of Belarus;
• cancellation of the corresponding permit to attract foreign labor, on the basis of which the special permit was issued.