Temporary and permanent residence permit in Belarus: grounds, refusal and appeal

Temporary stay, temporary residence and permanent residence

Most foreigners arrive for temporary stay: a visit with registration for a limited period. Living in Belarus longer requires a decision of the migration authorities.

• Temporary residence permit. Confirmed by a sticker in the passport. As a rule it is issued for no longer than one year and is tied to a specific address. You must live at that address, and if you move, you have to apply to the citizenship and migration unit at the new place within three working days of arrival.
• Permanent residence permit. Confirmed by a biometric residence permit card. After receiving it, you must register at your place of residence no later than three months. Permanent residents may work and run a sole proprietorship on the same terms as Belarusian citizens, with limited exceptions.

Applications are filed with the citizenship and migration unit of the internal affairs authorities at your place of stay. Document lists, processing times and fees are set by separate acts and change, so I check them for each case.

Grounds for a temporary residence permit

A temporary residence permit is issued only on a ground listed in the law. The main ones are:

• studying in Belarus (for the period of study, but no longer than one year at a time);
• being the spouse or a close relative of a Belarusian citizen or of a foreigner permanently residing in Belarus;
• work under an employment contract;
• owning a dwelling in Belarus;
• Belarusian origin, former Belarusian citizenship, or grounds for acquiring citizenship by registration;
• inpatient medical treatment, or an application for refugee status or asylum.

Family members of a permit holder may receive one too, if the holder has lawful income covering the subsistence minimum for the family.

Grounds for a permanent residence permit

A permanent residence permit is available, among others, to foreigners who:

• are close relatives of Belarusian citizens permanently residing in Belarus;
• have the right to family reunification (a spouse, minor children, dependent adult children or parents unable to work) on the basis of an invitation;
• have lived in Belarus on a temporary residence permit for the last five years continuously. Trips abroad of up to ninety days per calendar year do not break the period;
• are highly qualified workers or specialists needed by Belarusian organisations;
• have invested in Belarus at least fifteen thousand base units;
• are of Belarusian origin or were previously Belarusian citizens, or have been granted refugee status or asylum.

The Government may set an immigration quota for each country. Family reunification is outside the quota.

Why applications are refused and permits cancelled

A permit is refused if the foreigner provided false information or invalid documents, if there is no legal ground, or if the marriage was concluded solely to obtain a permit. A refusal is also possible on the grounds the law uses for refusing a visa or entry.

A permit already issued may be cancelled, in particular:

• when the ground for which it was issued no longer exists, for example after a divorce or the end of studies or employment;
• after deportation or expulsion, or after leaving Belarus for permanent residence abroad;
• for a permanent residence permit, also when the holder has stayed outside Belarus for more than one year since the last departure, has had no lawful income at the level of the subsistence minimum for the last six months, or has had no valid residence card for more than a year.

How to challenge a refusal or cancellation

The decision is handed to you or sent by post within five working days of being taken. If it is sent by post, you are considered notified three days after it was sent. The appeal route is administrative first, then judicial:

1. Complaint to the higher authority. A complaint against cancellation of a temporary or permanent residence permit, or against shortening of the period of temporary stay, may be filed within ten working days of notification and is considered within a month. A refusal to issue a permit is challenged under the general rules on administrative procedures: an administrative complaint may be filed with the higher authority within one year of the decision and is considered within a month; filing it does not suspend the refusal. A missed deadline may be restored if the reason was valid, such as serious illness.
2. Court. If the higher authority rejects the complaint, the decision may be challenged in court under the Code of Civil Procedure. Going to court without first complaining to the higher authority is not possible. As a rule, the application to court may be filed within one month of receiving the refusal of the higher authority; if no answer comes within a month of filing the complaint, the month for going to court runs from the end of that month.

A complaint does not by itself give you the right to stay, so I first check your other grounds for staying. I review the decision, collect evidence, draft the complaint in Russian and explain every step in English.