Citizenship of Republic of Belarus
The legal relationship of a person with the state is of particular importance, since only as a citizen of a state can a person fully enjoy the rights and freedoms of a state.
So, citizenship of the Republic of Belarus is a stable legal relationship of a person with the Republic of Belarus, expressed in the totality of their mutual rights, duties and responsibilities, based on the recognition and respect of dignity, fundamental human rights and freedoms
According to Art. 12 of the Law of the Republic of Belarus dated 01.08.2002 No. 136-z «On Citizenship of the Republic of Belarus» (hereinafter - the Law), citizenship of the Republic of Belarus is acquired on the following grounds:
- By birth;
- As a result of admission to the citizenship of the Republic of Belarus;
- In the order of registration;
For other reasons provided by the Law and international treaties of the Republic of Belarus.
Consider the first 3 reasons for acquiring citizenship of the Republic of Belarus in more details.
1. Acquisition of citizenship by birth
A child acquires citizenship of the Republic of Belarus by birth, if on the child’s birthday:
- at least one of the parents of the child is a citizen of the Republic of Belarus, regardless of the place of birth of the child;
- the parents (single parent) of the child temporarily or permanently residing in the Republic of Belarus are stateless persons, provided that the child was born on the territory of the Republic of Belarus
- the parents (single parent) of the child permanently residing in the Republic of Belarus are foreign citizens, provided that the child was born on the territory of the Republic of Belarus, and the states whose citizens (citizens) are his parents do not grant him their citizenship
A child located on the territory of the Republic of Belarus whose parents are unknown becomes a citizen of the Republic of Belarus.
This basis for obtaining citizenship does not imply the conduct of any procedure. A child becomes a citizen automatically on the basis of his birth or the availability of citizenship by one of the parents
In the event that the parents (parent) are foreign citizens, and the state whose parents are the parents (parent) does not provide the child with their citizenship, in this case the parents (parent) submit an application to the internal affairs bodies to determine citizenship of the Republic of Belarus.
2. Acquisition of citizenship as a result of admission to the citizenship of the Republic of Belarus.
A person who has reached the age of 18 is entitled to apply for citizenship of the Republic of Belarus if
- complies with and respects the Constitution of the Republic of Belarus, other acts of the legislation of the Republic of Belarus, undertakes an obligation to further observe and respect the Constitution of the Republic of Belarus and other acts of legislation of the Republic of Belarus;
- knows one of the official languages of the Republic of Belarus to the extent necessary for communication
- lives in the Republic of Belarus after receiving a permit for permanent residence in the Republic of Belarus for seven years continuously. The period of residence in the Republic of Belarus is considered continuous if the person left the territory of the Republic of Belarus for no more than three months during each year over the past seven years before applying for citizenship of the Republic of Belarus
- has a legal source of income, providing him and his dependent family members with a living wage established in the Republic of Belarus;
does not have citizenship, or loses the citizenship of a foreign state in case of acquiring the citizenship of the Republic of Belarus, or appealed to the competent authority of a foreign state with a request to terminate his citizenship of a foreign state, except for cases when the termination of citizenship of a foreign state is impossible for reasons beyond the control of a person.
The term of stay may be reduced or not applied at all for:
- belarusians, as well as persons identifying themselves as Belarusians, and their descendants (blood relatives in a straight line: children, grandchildren, great-grandchildren) born outside the modern territory of the Republic of Belarus;
- persons with outstanding services to the Republic of Belarus, high achievements in the field of science, technology, culture and sport or with a profession or qualification that are of state interest to the Republic of Belarus
- persons who are foreign citizens or stateless persons who previously were citizens of the Republic of Belarus
The following documents are attached to the application:
- formalized application form;
- four color photographs of the applicant, corresponding to his age, measuring 30 x 40 mm;
- autobiography;
- copies of the pages of the document for traveling abroad of the applicant containing information about the surname, own name, patronymic (if any), date and place of birth, citizenship;
- copies of the pages of the applicant’s residence permit in the Republic of Belarus containing information about the surname, own name, patronymic (if any), citizenship
- a copy of the applicant’s birth certificate or other document confirming the fact of birth;
- copies of the certificate (certificates) of the conclusion (dissolution) of marriage (marriages) by the applicant or other documents confirming the facts of conclusion (dissolution) of marriage (marriages) by him;
- copy of refugee certificate - for persons who have been granted refugee status in the Republic of Belarus
- a document confirming the existence of a legal source of income, providing the applicant and those who are dependent on disabled members of the family a living wage established in the Republic of Belarus on the day the application is submitted
- a document of the competent authority of a foreign state confirming the applicant’s absence or termination of citizenship of a foreign state (document confirming the absence of citizenship (exit from citizenship) of a foreign state, or loss of citizenship of a foreign state in case of acquiring citizenship of the Republic of Belarus, or acceptance of an application for withdrawal from citizenship of a foreign state ), or a document of the competent authority of a foreign state containing information on the absence of a procedure expansion of citizenship of a foreign state. In cases where the termination of citizenship of a foreign state is impossible for reasons beyond the applicant’s control, an application made in arbitrary form is attached to the case file, indicating reasons excluding the possibility of submitting the relevant document. The validity of such a statement is checked by the internal affairs body, which makes a reasoned opinion, approved by its head;
- a document confirming the state duty.
Additionally, the internal affairs body requests information on the place of residence and family composition of the applicant. When submitting an application, the applicant is entitled to independently submit this information. In the context of this paragraph, it is important to note that in order to obtain citizenship it is necessary to have registration in the Republic of Belarus. Registration in a specific residential premises can be carried out if the provision with a total living space per person is not less than 15 square meters. meters (in Minsk - 20 sq. meters)
When applying for citizenship of the Republic of Belarus together with minor children, copies of the birth certificates of children and notarized consent of each child aged 14 to 18 to receive citizenship of the Republic of Belarus are attached to the application of one of the parents.
If one of the parents applies for the citizenship of the Republic of Belarus together with minor children, a notarized consent of the other parent, a foreign citizen, to receive the children in the citizenship of the Republic of Belarus is presented.
3. Acquisition of citizenship by registration
A person who has reached the age of 18 years, permanently residing in the territory of the Republic of Belarus, who was not a citizen of the Republic of Belarus, has the right to apply for citizenship of the Republic of Belarus in the registration procedure if he:
- born or permanently resided in the Republic of Belarus until November 12, 1991
- is the spouse of a person who acquires the citizenship of the Republic of Belarus by registration on the basis provided for in paragraph two of this part;
- is a descendant of a person who acquires, acquired or could acquire citizenship of the Republic of Belarus in the registration procedure on the basis provided for in paragraph two of this part
- citizenship of the Republic of Belarus without observing these conditions may be acquired by registration:
- a child permanently residing in the territory of the Republic of Belarus - upon a joint application of the parents, one of whom is a citizen of the Republic of Belarus, or on the application of one of the parents, who is a citizen of the Republic of Belarus, if the location of the other parent is unknown, or at the request of a single parent, being in the citizenship of the Republic of Belarus
- a child located in the territory of the Republic of Belarus, over whom custody or guardianship and a single parent are established, or one of the parents, if the location of the other parent is unknown, or both parents have died, are deprived of parental rights, refused to raise a child or consented to adoption (adoption), are recognized by the court to be legally incompetent, missing or declared dead, as well as a person who has reached the age of 18 years of age, over whom guardianship is established, - at the request of the guardian ( trustee), agreed with the body of guardianship
In this case, the following documents are attached to the application for the acquisition of citizenship of the Republic of Belarus:
- four color photographs of the applicant, corresponding to his age, measuring 30 x 40 mm;
- autobiography;
- copies of the pages of the document for traveling abroad of the applicant containing information about the surname, own name, patronymic (if any), date and place of birth, citizenship;
- copies of the pages of a residence permit in the Republic of Belarus. Persons who have not received permits for permanent residence in the Republic of Belarus on the day of submitting the application must submit the documents necessary for registration at the place of residence in accordance with legislative acts, a document on the absence (presence) of a criminal record issued by the competent authority of the state of citizenship and (or) previous usual place of residence, a medical certificate of health confirming the absence of diseases included in the list of diseases that pose a danger to public health, as determined by the Ministry of Health, including number for children over the age of 14;
- copies of documents confirming the birth or permanent residence of the applicant on the territory of the Republic of Belarus until November 12, 1991, for the persons specified in paragraph one. Confirmation of the fact of birth on the territory of the Republic of Belarus is a birth certificate. Confirmation of the fact of permanent residence on the territory of the Republic of Belarus until November 12, 1991 is a certificate of residence or a copy of the personal account. If it is impossible to submit one of these documents, documents can be accepted for consideration that indirectly confirm the fact of birth or residence on the territory of the Republic of Belarus before the specified date, including entries in the work book, certificate of completion of educational institutions, archival data and other documents and (or) materials. The totality of such documents may be the basis for admission to consideration of the application
- document of the competent authority of a foreign state confirming the applicant’s absence or termination of citizenship of a foreign state (document confirming the absence of citizenship (exit from citizenship) of a foreign state, or loss of citizenship of a foreign state in case of acquiring citizenship of the Republic of Belarus, or acceptance of an application for withdrawal from citizenship of a foreign state ), or a document of the competent authority of a foreign state containing information on the absence of a procedure expansion of citizenship of a foreign state. In cases where the termination of citizenship of a foreign state is impossible for reasons beyond the applicant’s control, an application made in arbitrary form is attached to the case file, indicating reasons excluding the possibility of submitting the relevant document. The validity of such a statement is checked by the internal affairs body, which makes a reasoned opinion, approved by its head;
- copies of documents confirming consanguinity with persons who were born or permanently resided in the Republic of Belarus until November 12, 1991;
- copy of marriage certificate (s)
If one of the parents applies for citizenship of the Republic of Belarus in the registration procedure together with the children, a notarized consent of the other parent, a foreign citizen or a stateless person, is submitted to the children to acquire citizenship of the Republic of Belarus, or the applicant attaches a document confirming the impossibility of granting it
The lawyers of our Law Office have extensive positive experience in helping foreigners obtain Belarusian citizenship. All you need to do yourself, first obtain a document of the competent authority of a foreign state on the renunciation of citizenship, all other points will be decided by the lawyer of our Law Office.
The help of our advocates is as follows:
- Providing professional advice on citizenship;
- Preparation of the necessary package of documents;
- Escort of a foreigner in the units of citizenship and migration on issues of obtaining citizenship;
- Appealing against the decisions of the citizenship and migration units on the refusal to accept Belarusian citizenship.