IMPACT – MEDIUM

The Belarusian government has increased the minimum wage employers must pay foreign nationals.

Key Points:

  • As of July 2022, the monthly minimum wage for foreign national highly qualified specialists increased from 7,197.45 BYN to 7,234.35 BYN.
  • Employers must pay other foreign workers at least 482.29 BYN.
  • The new wage levels are applicable to both pending and new visa and work permit applications.

Additional Information: Belarusian authorities continue to evaluate minimum wage levels and may adjust the minimum wage again in the coming months.

BAL Analysis: Businesses may see a slight increase in labor costs because of the new minimum wage. Employers should take the new wage minimums into account and adjust their budgets if necessary. BAL will provide updates on salary minimums for foreign workers as information becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? The Ministry of Internal Affairs has introduced an online registration system.

What does the change mean? Foreign nationals needing to register their stay, excluding those arriving from Russia, will be able to register online.

  • Implementation date: Jan. 2
  • Who is affected: Foreign nationals needing to register with the Ministry of Internal Affairs.
  • Processing changes: Foreign nationals will be able to register online and will receive immediate confirmation of their registration.

Background: Upon arrival, business and work visitors are required to register at their local Ministry of Internal Affairs Migration Office within five business days of arriving in the country, unless otherwise established by a Belarusian international agreement or legislation regulating foreigner legal status. Online registration is free of charge.

Analysis & Comments: Employers will no longer have to coordinate in-person registration, simplifying the registration process. While the system is still in its first implementation phase, visitors are encouraged to keep detailed receipts of the performed registration in order to avoid any subsequent difficulties.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.

IMPACT – MEDIUM

What is the change? Belarus has extended the length of time travelers can stay in the country without a visa to 30 days.

What does the change mean? Nationals of 74 countries and territories are now eligible for visa-free stays of up to 30 days if they enter the country through Minsk International Airport. Previously, the visa-free program only allowed stays of up to five days.

  • Implementation time frame: Immediate and ongoing. The change was implemented Friday.
  • Visas/permits affected: Tourist and business visas.
  • Who is affected: Nationals of 74 countries and territories who are traveling to Belarus through Minsk International Airport for stays of up to 30 days.
  • Business impact: The extension will allow business travelers to remain in Belarus for longer than they previously could without obtaining a visa.

Background: Belarus created its visa-free travel program last year and it is now open to nationals of 74 countries and territories, including Australia, Canada, Japan, the United States and all European Union member states. Argentina, Brazil, Honduras, Hong Kong, Macao and the Order of Malta were removed from the list. Nationals of Argentina, Brazil, Honduras, Hong Kong and Macao all enjoy visa-free entry on the basis of a bilateral agreement with Belarus, however, so the impact of their removal is minimal. The rules described above do not apply to diplomatic travel or travel on service passports. The program is also not applicable to foreign nationals on flights to or from Russia, which are treated the same as domestic travel.

BAL Analysis: The visa-free policy is designed to ease business travel and encourage investment. Travelers are reminded that work is not allowed while on a visa waiver and that those intending to perform work activities must obtain authorization to do so. Travelers are also reminded that foreign nationals must register their address in Belarus within five days of arrival (not counting Sundays) and must re-register if they change addresses within Belarus.

This alert has been provided by the BAL Global Practice and Intermark Relocation in Russia. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

What is the change? Belarus is offering visa-free travel for soccer fans traveling to Russia to attend 2018 FIFA World Cup matches.

What does the change mean? To be eligible for visa-free travel, foreign nationals must present a valid travel passport and a Fan ID (electronic or paper) at the Belarus border checkpoint. When entering Belarus (e.g., from Poland), foreign nationals must hold a health insurance policy that is valid in Belarus and obtain a migration card, which is mandatory for staying and registering in Russia. Multiple visa-free entries are available until July 15 and visa-free exits are available until July 25. There are no international checkpoints at the Belarus-Russia border, according to the Union State agreement between the two countries.

  • Implementation time frame: Ongoing until July 15. July 25 is the last day for a visa-free exit from Belarus.
  • Who is affected: Foreign nationals with a 2018 FIFA World Cup Fan ID traveling through Belarus to attend World Cup matches in Russia.
  • Impact on processing times: Visa-free travel for soccer fans may speed processing times at border crossings into Belarus when traveling to Russia.
  • Business impact: Business travelers should note that the visa-free travel option is only available to foreign nationals attending FIFA World Cup matches.

Additional information: Soccer fans taking advantage of the visa-free travel through Belarus must follow the routes below when they cross the physical border between Belarus and Russia.

  • M-1 Highway (Minsk – Moscow)
  • P-23 Highway (Kiev – Saint-Petersburg)
  • A-240 Highway (Gomel – Bryansk)
  • Railway lines between Minsk – Smolensk, Vitebsk – Pskov, and Gomel – Bryansk

BAL Analysis: The new visa-free option for soccer fans will ease travel to Russia through Belarus to attend 2018 FIFA World Cup soccer matches.

This alert has been provided by the BAL Global Practice group and our network provider located in Russia. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Russian officials are treating flights to and from Belarus as international flights, a change in policy after the flights were previously treated the same as domestic travel.

What does the change mean? Russian and Belarusian nationals arriving in Russia on flights from Belarus will land in an international terminal and be directed to control points for citizens of the “Union State.” They should be sure to carry a boarding pass and their passports. Third-country nationals will be required to go through border controls and must carry their passports as well. Third-country nationals can transit through Russia when flying directly to Belarus, but the visa-free program Belarus implemented in January is not available for travelers arriving in Minsk on flights from Russia.

  • Implementation time frame: Immediate and ongoing. The change took effect May 15.
  • Who is affected: Passengers traveling by plane between Russia and Belarus, including Russian and Belarusian nationals.
  • Impact on processing times: The change is likely to slow the entry process for travelers arriving in Russia on flights from Belarus.

Background: For years, flights between Russia and Belarus were treated the same as domestic flights within Russia. This changed Monday, however, and flights from Belarus will be routed to international terminals in Russia airports. That said, Russian and Belarusian nationals will have quicker entry procedures than third-country nationals, as they will be routed to a line specifically for Union State nationals. Belarus seems unlikely to implement similar procedures at its airports for flights from Russia, with authorities saying they see no reason to do so at this point.

BAL Analysis: Travelers should take note of the change and build extra time into their travel plans if necessary.

This alert has been provided by the BAL Global Practice group and our network provider located in Russia. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Belarus will soon implement a visa-free entry program for tourists and business travelers from nearly 80 countries, including Brazil, Canada, Japan, the United States and all European Union member states.

What does the change mean? Effective Feb. 12, nationals of the countries covered by the program will be granted visa-free entry for stays of up to five days, provided they enter the country through Minsk International Airport.

  • Implementation time frame: Feb. 12.
  • Visas/permits affected: Tourist and business visas.
  • Who is affected: Nationals of the countries/areas listed below who are traveling to Belarus through Minsk International Airport for stays of up to five days.
  • Impact on processing times: The program will save travelers the time it takes to obtain a visa.

Background: The visa-free scheme was created by Presidential Decree No. 8, which was signed earlier in January and will apply to the following countries:

Australia Cyprus Ireland Monaco Saudi Arabia
Austria Czech Republic Italy New Zealand Seychelles
Albania Denmark Japan Netherlands Singapore
Andorra Dominica Kuwait Nicaragua Slovakia
Antigua and Barbuda El Salvador Latvia ** Norway Slovenia
Argentina Estonia * Liechtenstein Oman South Korea
Barbados Finland Lithuania Order of Malta Spain
Bahrain France Luxembourg Panama Sweden
Belgium Germany Macao Peru Switzerland
Bosnia and Herzegovina Greece Macedonia Poland United Kingdom
Brazil Hong Kong Malaysia Portugal United States
Bulgaria Hungary Malta Romania Uruguay
Canada Iceland Mexico St. Vincent and the Grenadines Vanuatu
Chile Indonesia Micronesia San Marino Vatican City
 Croatia

*Including stateless persons permanently residing in Estonia.
** Including persons having status of noncitizens of Latvia.

Travelers taking advantage of visa-free travel must have (1) a valid passport or other acceptable travel document; (2) sufficient funds (at least € 25 for every day of the stay, or the equivalent amount in U.S. dollars or Belarusian rubles); and a medical insurance plan that covers Belarus and provides up to € 10,000 (or the equivalent) in care.

In addition to the visa-free program, Belarus will also launch an “entry in special order program” for nationals of nine additional countries. Nationals of these countries will not need to obtain a Belarusian visa if they have a valid multiple-entry visa issued by an EU or Schengen Area member state, as well as a passport, sufficient funds, health insurance and airplane tickets to leave Belarus. This program will apply to nationals of the following countries:

China Honduras Namibia
Gambia India Samoa
Haiti Lebanon Vietnam

Travelers should note that the rules described above do not apply to diplomatic travel or travel on service passports. The regime is also not applicable to foreign nationals on flights to or from Russia, which are treated the same as domestic travel.

BAL Analysis: The visa-free policy is designed to ease business travel and encourage investment. Travelers are reminded that work is not allowed while on a visa waiver and that those intending to perform work activities must obtain work authorization.

This alert has been provided by the BAL Global Practice group and our network provider located in Belarus. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? A new immigration law set to take effect July 15 will impact the hiring of foreign nationals in Belarus.

What does the change mean? The law clarifies criteria and procedures, including the definition of “highly qualified employees.” It clarifies exemptions, restricts renewals of work permits, adds new employer obligations and expands the grounds for authorities to refuse or cancel work permits.

  • Implementation time frame: July 15.
  • Visas/permits affected: Work permits (“Special Work Permits”).
  • Who is affected: Belarus employers hiring and employing foreign workers.
  • Business impact: While allowing some exemptions, the law tightens rules and expands the power of migration and labor authorities over work permits.

Background: Foreign employees working in Belarus are required to obtain a Special Work Permit. Companies employing more than 10 foreign workers must obtain a separate permit to hire foreign workers. Amendments to the immigration laws include the following changes:

  • Highly qualified employees. “Highly qualified employees” must have a university degree, at least five years of professional experience, and earn 15 times the national minimum wage (approximately US$1,750 per month).
  • Highly qualified employees and company directors who have participated in establishing a company will not be included in the calculation of 10 foreign employees for purposes of the employer’s permit to engage foreign labor. Founding company directors are exempt from having to obtain labor-market testing approval by the employment office. Also, foreign students at Belarus universities are exempt from Special Work Permits for the full period of their studies and within one year after graduation, provided that they are employed in the field of their degree.
  • New employer and employee obligations. Employers must obtain Special Work Permits for all foreign nationals who are not permanent residents and who register employment contracts (and any amendments and supplements) within one month upon their completion. If a permit expires or the contract was canceled or unsigned, the employers must return the permit to the immigration office within five business days. Foreign employees must contribute to the Belarus social insurance system, and foreigners intending to work for several employers must obtain permits for each employer.
  • One renewal. Special Work Permits, initially valid for one year, can only be renewed one time for an additional one-year duration. Thereafter, the foreign worker must apply for a new Special Work Permit. The same limits are placed on the employer’s permit to engage foreign workers.
  • Refusal or revocation. Special Work Permits may be denied or canceled based on several new grounds, including (among others) five or more administrative violations in one year or where the employer fails to comply with rules on external labor migration.

BAL Analysis: Belarus employers should expect stricter rules on hiring and retaining foreign workers, as the country seeks to stem high local unemployment.

This alert has been provided by the BAL Global Practice group and our network provider located in Belarus. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.