Temporary residence of foreigners
Relevance as of 01.12.2022
A temporary residence permit is issued to foreigners at the citizenship and migration department at the place of their temporary residence.
Grounds for issuing a temporary residence permit to foreigners:
- if they came to the Republic of Belarus to receive or are receiving vocational, secondary specialized, higher, postgraduate education, adult additional education in the field of professional development programs for managers and specialists, professional development programs for workers (employees), professional retraining programs for managers and specialists with higher education, professional retraining programs for managers and specialists with secondary specialized education, professional retraining programs for workers (employees) — for the duration of their studies, but not more than one year;
- if they are spouses, close relatives of citizens of the Republic of Belarus, foreigners permanently residing in the Republic of Belarus — for the duration of their stay, but not more than one year;
- if they came to the Republic of Belarus to engage or are engaged in labor activities under employment contracts, religious, entrepreneurial or other activities in the territory of the Republic of Belarus in accordance with the procedure established by the legislation of the Republic of Belarus — for the duration of their stay, but not more than one year;
- in respect of whom guardianship (custody) has been established by citizens of the Republic of Belarus, as well as foreigners permanently residing in the Republic of Belarus — for the duration of the guardianship (custody), but not more than one year (guardianship is a legal form of protection of personal and property rights and interests of citizens. It is regulated by civil and family law. It is established for minors, as well as for citizens recognized by the court as incapable due to mental disorder (mental illness or imbecility). Guardians are representatives of their wards by law and make all necessary transactions on their behalf and in their interests);
- if they are Belarusians, as well as persons identifying themselves as Belarusians, and their descendants (blood relatives in the direct line: children, grandchildren, great-grandchildren) born outside the modern territory of the Republic of Belarus — for the duration of their stay, but not more than one year (i.e., foreigners and stateless persons who have Belarusian nationality and who previously lived in the territory of the Republic of Belarus, or their parents, as well as those who were not born and are not Belarusians by nationality, but have such relatives. A document confirming the presence of this ground can be an entry in the birth certificate of ancestors (relatives) stating that the person is Belarusian by nationality);
- if they have grounds for acquiring citizenship of the Republic of Belarus by registration, for a period of stay, but not more than one year (more detailed information in the CITIZENSHIP section);
- if they previously had citizenship of the Republic of Belarus, for a period of stay, but not more than one year (this ground applies to persons who acquired citizenship of the Republic of Belarus on the grounds provided for by the Law of the Republic of Belarus "On Citizenship of the Republic of Belarus" dated October 18, 1991 and August 1, 2002, and in respect of whom the authorized bodies have made decisions on renunciation of citizenship of the Republic of Belarus or loss thereof);
- if they own residential premises in the Republic of Belarus, for a period of stay, but not more than one year;
- if they have applied for refugee status, additional protection, or asylum in the Republic of Belarus in accordance with the procedure established by legislative acts of the Republic of Belarus, for the period of consideration of the application;
- if they have been granted refugee status or asylum in the Republic of Belarus, for a period not exceeding one year;
- if they have been granted additional protection in the Republic of Belarus, for the period of provision of additional protection, but not more than one year;
- if circumstances have arisen that prevent them from being expelled from the Republic of Belarus, for the period during which expulsion from the Republic of Belarus is impossible, but not more than one year;
- if there is no state that has agreed to accept them, for a period not exceeding one year;
- if they are receiving medical care in inpatient settings in healthcare organizations of the Republic of Belarus, for the period of treatment, but not more than one year;
- if they are accompanying an individual receiving medical care in inpatient settings in a healthcare organization of the Republic of Belarus and/or providing care for such individual, provided that such individual needs this accompaniment (care) for health reasons, for the period of treatment of such individual, but not more than one year;
- on other grounds provided for by the legislation of the Republic of Belarus, including international treaties of the Republic of Belarus (for example, if there is a petition for a foreigner who is a victim of human trafficking, actively contributing to the investigation of a crime related to human trafficking, organizing illegal migration, whose period of stay in the territory of the Republic of Belarus has expired, the internal affairs bodies issue a permit for temporary residence in the Republic of Belarus, as a rule, for a period not exceeding one year for his participation in criminal proceedings, social protection, and rehabilitation).
A temporary residence permit can be issued to family members: a spouse, disabled parents and/or adoptive parents, children and/or adopted children under the age of eighteen, wards of a foreign national who has received or is receiving a temporary residence permit, provided there is a legal source of income that ensures them and their family the minimum subsistence level established in the Republic of Belarus for the period of temporary residence in the Republic of Belarus (subject to the availability of a document confirming income).
Regardless of the basis on which a foreign national is granted the right to temporary residence, its term does not exceed one year.
DOCUMENTS required to obtain a temporary residence permit:
- an application (can also be submitted by an official of the host organization if the foreign national has arrived to receive education (or is receiving it), as well as to engage in labor, entrepreneurial and other activities);
- a document confirming the grounds for obtaining a temporary residence permit;
- a document confirming the legality of the foreign national's stay in the Republic of Belarus;
- a document for traveling abroad (except for foreign citizens and stateless persons who have applied for refugee status or additional protection or asylum in the Republic of Belarus);
- a certificate of termination of citizenship of the Republic of Belarus - for a person who has terminated citizenship of the Republic of Belarus, or a certificate of belonging to the citizenship of the Republic of Belarus - for a person who is not a citizen of the Republic of Belarus;
- a document confirming identity - for foreigners who have applied for refugee status or additional protection or asylum in the Republic of Belarus, or whose applications have been discontinued or refused the specified statuses;
- a refugee certificate - for foreigners who have been granted refugee status in the Republic of Belarus;
- an insurance policy or a document confirming the existence of a medical insurance contract - for foreigners subject to compulsory medical insurance (except for foreign citizens and stateless persons who have applied for refugee status or additional protection or asylum in the Republic of Belarus);
- a document confirming a legal source of income that ensures the foreign national and their family the minimum subsistence level established in the Republic of Belarus - for foreigners applying for a temporary residence permit as family members of a foreign national who has received (is receiving) a temporary residence permit;
- a document confirming the possibility of residence at the place of предполагаемого temporary residence:
a letter from the educational institution confirming the provision of temporary accommodation in a hostel for international students,
a residential lease agreement and consent from adult family members of the tenant who have the right to use the residential premises (application for registration at the place of residence, in case of registration for someone who is not a close relative),
application for registration at the place of stay (application for registration at the place of residence for close relatives (parents, children, siblings, grandparents, grandchildren), as well as spouses),
sublease agreement or sublease agreement;
a document confirming payment (the amount of payment for the procedure is 3 basic units, while it is free for foreign citizens and stateless persons under 14 years of age, as well as foreign citizens and stateless persons attracted by an investor and/or an organization established in the Republic of Belarus by this investor or with his participation to implement an investment project within the framework of an investment agreement with the Republic of Belarus, or those who have applied for refugee status or additional protection or asylum in the Republic of Belarus).
Confirmation of funds for living in the Republic of Belarus may also be required, which is evidenced by the presence of:
- national currency of the Republic of Belarus or foreign currency convertible by the National Bank,
- a document on the basis of which payment can be received,
- a guarantee letter from a legal or natural person applying for the stay or residence of a foreigner in the Republic of Belarus, to pay all expenses associated with his stay and departure from the Republic of Belarus.
The decision to issue or refuse to issue a temporary residence permit is made by the internal affairs body no later than 15 days from the date of submission of the application and notification is sent no later than one day from the date of making such a decision.
Issuance of temporary stay or temporary residence permits to foreigners is carried out for a period not exceeding the insurance period, as well as the residential lease agreement.
A foreigner's receipt of a temporary residence permit in the Republic of Belarus is confirmed by the "Dazvol na chasovae prazhynanne" stamp, which is issued in the manner established by the Council of Ministers of the Republic of Belarus.
Grounds for refusal to issue a temporary residence permit:
- A foreigner may be refused a temporary residence permit if:
- the grounds provided for in part one of Article 30 of the Law (the same as for refusal to issue a visa for entry into the Republic of Belarus or entry into the Republic of Belarus – are in section REFUSAL TO ISSUE A VISA FOR ENTRY OR ENTRY INTO THE REPUBLIC OF BELARUS in clause 1.2. BORDER CROSSING PROCEDURE, page 14);
- the declared purpose of entry into the Republic of Belarus of a foreigner who is a citizen (subject) of a state with migration problems is different from the reason for which he applied for a temporary residence permit.
- A temporary residence permit is not issued to a foreigner if:
- the grounds provided for in part two of Article 30 of the Law (the same as for refusal to issue a visa for entry into the Republic of Belarus or entry into the Republic of Belarus – are in section REFUSAL TO ISSUE A VISA FOR ENTRY OR ENTRY INTO THE REPUBLIC OF BELARUS in clause 1.2. BORDER CROSSING PROCEDURE, page 15);
- when submitting documents to the relevant state bodies of the Republic of Belarus necessary for making a decision on issuing him a temporary residence permit, the foreigner provided false information, submitted documents and (or) information that do not meet the requirements of the legislation of the Republic of Belarus, including forged, counterfeit or invalid documents;
- there are documents and (or) information confirming that the marriage with a citizen of the Republic of Belarus or a foreigner permanently residing in the Republic of Belarus was concluded by a foreigner solely for the purpose of obtaining a temporary or permanent residence permit;
- there are no grounds for his temporary residence in the Republic of Belarus;
- when submitting documents to the relevant state bodies of the Republic of Belarus necessary for making a decision on issuing a temporary residence permit to members of the foreigner's family, he cannot provide evidence of the ability to support himself and his family members (spouse, disabled parents and (or) adoptive parents, as well as children and (or) adopted children under the age of eighteen, wards) in the Republic of Belarus within the subsistence minimum for the period of temporary residence in the Republic of Belarus, except in the case when the foreigner is recognized as disabled.
A foreigner in respect of whom a decision has been made to refuse to issue a temporary residence permit, if there are no other legal grounds for his stay, is obliged to leave within 15 days from the date of notification of the decision. The state fee is refunded upon application.
The temporary residence permit is valid throughout the territory of the Republic of Belarus for the entire period of its validity.
When changing their temporary place of residence, a foreigner must submit documents to the internal affairs body at the new temporary place of residence within five days, excluding Sundays, public holidays, and holidays declared non-working by the President of the Republic of Belarus, to confirm the possibility of residing at the intended temporary place of residence in order to make changes to the temporary residence permit (a state fee of 0.5 base units is charged).
Grounds for cancellation of temporary residence permit:
- A foreigner's temporary residence permit may be cancelled if:
- the grounds provided for in part one of Article 30 of the Law are established (the same as for refusal to issue a visa for entry into the Republic of Belarus or entry into the Republic of Belarus — are in section REFUSAL TO ISSUE A VISA FOR ENTRY OR ENTRY INTO THE REPUBLIC OF BELARUS in clause 1.2. BORDER CROSSING PROCEDURE, page 14);
- the foreigner leaves or has left the Republic of Belarus to a foreign country for permanent residence.
- A foreigner's temporary residence permit is cancelled:
- if the grounds provided for in part two of Article 30 of the Law are established (the same as for refusal to issue a visa for entry into the Republic of Belarus or entry into the Republic of Belarus — are in section REFUSAL TO ISSUE A VISA FOR ENTRY OR ENTRY INTO THE REPUBLIC OF BELARUS in clause 1.2. BORDER CROSSING PROCEDURE, page 15);
- if it is revealed that when submitting documents to the relevant state bodies of the Republic of Belarus necessary for making a decision on issuing him a temporary residence permit, the foreigner provided false information, submitted documents and (or) information that do not meet the requirements of the legislation of the Republic of Belarus, including forged, counterfeit or invalid documents;
- in case of deportation or expulsion of a foreigner;
- in case of loss of the grounds on which the decision to issue a foreigner a temporary residence permit was made.
A foreigner whose temporary residence permit has been cancelled must register with the internal affairs body at the place of actual temporary stay on the basis of an application for registration for a period of up to 15 days for departure from the Republic of Belarus.
At the same time, a foreigner whose temporary residence permit has been cancelled or who has been refused its issuance, if his temporary stay period has not expired, has the right to apply to the departments for citizenship and migration for registration of temporary stay.