Who is a Non-Resident Foreigner

The status of non-resident foreigners in Belarus is an important issue in today’s globalized world. As more people choose to live, work, or do business here, questions about their legal status often arise.

Who is considered a non-resident foreigner? What rights and obligations do they have in Belarus? This article will define non-resident foreigners and discuss the regulations regarding their employment.

Understanding these aspects is essential for legally hiring foreign citizens and ensuring compliance with the law, which helps prevent issues like deportation and entry bans, making their experience in Belarus smoother.

Why is it Important to Understand What the Status of a Non-Resident Foreigner Is

Understanding a non-resident foreigner’s status is essential for employers and job seekers in today’s globalized labor market. Here are key reasons why this knowledge matters:

1. Legal Aspects of Employment

Non-resident foreigners must follow different legal requirements than country residents. Employers should ensure compliance with visa procedures and work permits to avoid legal issues and sanctions.

2. Adaptation to the Workplace

Non-resident foreigners may face cultural differences when adjusting to a new workplace. By understanding their status, employers can implement support programs like language training and mentoring, which can improve team effectiveness and reduce turnover.

3. Motivation and Retention of Employees

Foreign employees may have unique expectations and needs related to their status. Understanding these aspects helps employers create conditions that will increase employee satisfaction, such as offering flexible work schedules, assistance with housing, and other opportunities.

4. Expanding the Talent Pool

Given the high competition for qualified personnel, information about the processes of employing foreigners can give a company a competitive advantage and diversify the workforce.

5. Compliance with Tax and Social Security Obligations

Working with non-resident foreigners also requires understanding tax laws and social security obligations, which may differ from the standard ones. This knowledge helps prevent fines and ensures the company complies with local laws.

The status of a non-resident foreigner is not just a legal necessity but an important element of strategic human resource management that contributes to the formation of a diverse and highly effective team.

Which Foreigners are Non-Residents in Belarus

Non-residents of Belarus include foreigners who meet all the criteria:

They are not citizens of Belarus.
Do not have a permanent residence permit in Belarus.
Have a document on permanent residence in another country.
They are temporarily in Belarus: up to 183 days in total in a calendar year.

Non-resident foreigners can enter Belarus with a valid passport if a visa-free regime exists. Otherwise, a visa is required. However, foreign employees of High-Tech Park resident companies may stay visa-free for up to six months each calendar year.

Do Non-Resident Foreigners Pay Taxes in Belarus

In Belarus, non-resident foreigners do not pay taxes on their income. When they receive income from Belarusian companies and individuals, taxes are withheld and transferred to the budget by the party that pays the income. It does not apply to some cases when non-resident foreigners sell real estate in Belarus. In this case, they usually pay income tax on the sale at a rate of 13%.

Features of Attracting Personnel from Non-Resident Foreigners

When hired by a Belarusian company, a non-resident foreigner receives the status of a tax resident of Belarus when the employment contract is concluded for more than six months. In this case, the foreigner ceases to be a non-resident six months after starting work in the company.

A Belarusian company must take several steps to allow a foreign employee to work legally in the country.

Step 1. Check the entry ban and entry document

First, a company that wants to invite a foreign employee must check whether the foreigner is included in the list of persons who are prohibited or undesirable to enter Belarus. You can check this information for free on the Ministry of Internal Affairs of Belarus’s website.

You should also ask the employee to check the validity of his document for travelling abroad: such a document must be valid.

Employees entering Belarus should be informed that they need at least 50 basic units (2,000 rubles or about 570 euros) for one month before receiving their salary.

Step 2. Prepare a draft employment contract

This document must be sent to the territorial division of the Ministry of Internal Affairs – the Department of Citizenship and Migration, along with other documents so that the employee can legally work in Belarus.

Step 3. Obtain a special permit to hire a foreign employee

A special permit is issued by the Department of Citizenship and Migration where the hiring company is located, but it is not always necessary. Hired managers involved in the company’s creation and highly qualified workers are exempt from this requirement.

Highly qualified workers are foreigners with advanced skills, relevant education, and at least five years of confirmed work experience. Each year, the Ministry of Labor and Social Protection of Belarus publishes a list of positions for highly qualified foreign workers who can work without a special permit.

In the employment contract, which is also submitted to the Department of Citizenship and Migration, the salary of a highly qualified employee must be indicated as no less than five minimum wages per month. It is 3,130 rubles (approximately 880 euros) per month, based on the minimum wage in Belarus in November 2024 is 626 rubles.

Step 4. Determine the employee’s temporary place of residence

The company can compensate the employee for housing costs, not a place of residence for him or her, or use the company’s housing, if any.

The application for a temporary residence permit must include the foreign employee’s temporary residence address and be submitted to the Department of Citizenship and Migration at that location.

Step 5. Obtain employee health insurance

Foreign workers must be insured by an insurance company cooperating with medical centers.

Step 6. Apply for temporary residence

Next, to hire an employee, the company submits an application for a temporary residence permit for the employee to the Citizenship and Migration Department at the employee’s place of residence.

Highly qualified employees can obtain a temporary residence permit for up to 2 years, while others can receive one for up to 1 year. For foreign workers hired by a High-Tech Park resident company in Belarus, the permit lasts for the employment contract duration plus 2 months after its termination.

What Should a Non-Resident Foreigner in Belarus Pay Attention to

To successfully work and adapt in Belarus, foreigners should comply with labor laws, permits, tax and insurance obligations, and medical insurance requirements. Following these regulations and local customs will create a more comfortable living and working environment.

For non-resident foreigners who come to Belarus for work or a long-term stay, it is important to consider several aspects of the country’s labour relations and general stay rules. Here are the key points to pay attention to:

1. Obtaining Permits and Visas

To work in Belarus, foreigners need a temporary or residence permit, and in some cases, a work permit obtained by their employer. Some nationalities can enter visa-free for up to 30 or 90 days, but a long-term stay always requires an official permit.

2. Employment Сontract and employee Rights

In Belarus, foreign workers must have an official employment contract that specifies working conditions, rights and responsibilities, contract duration, payment terms, and social guarantees.

What is important to consider in an employment contract:

Amount of work and schedule.
The procedure for calculating wages and payment terms.
Social guarantees, including vacation and sick leave.
Terms of termination of the contract and payments in case of early termination.

A foreign employee in Belarus has the same rights as Belarusian workers, including protection from unlawful dismissal and the right to social security.

3. Taxes and Insurance

Foreign citizens working in Belarus are required to pay income taxes. In Belarus, this is an income tax at a standard rate of 13%. In addition, 1% of the employee’s income is deducted from pension insurance.

The employer must provide the foreign employee with mandatory social insurance, which covers temporary incapacity for work, disability, and other insurance risks. The employer pays social contributions of 34% of the wage fund.

4. Medical Insurance

To stay and work in Belarus, foreigners must have medical insurance that covers basic medical services and hospitalization. Usually, employers provide medical insurance, but this should be clarified in advance.

5. Rules of Stay and Registration

Upon entering Belarus, a foreigner must register at the place of temporary stay within 10 days. The administration usually does this if a foreigner lives in a hotel or farmstead. If a foreigner lives independently, he/she must contact the nearest citizenship and migration department for registration. It can be done online for free.

It is also important to follow the stay rules and not exceed the terms specified in the visa or temporary residence permit.

6. Social and Cultural aspects

Belarus has its cultural traditions and norms of behaviour. Respecting local customs and laws and observing public order and rules of behaviour in public places is important.