Duration of stay in the Russian Federation without registration by citizens of Belarus
The standard period of stay of foreign citizens in the Russian Federation without registration is 7 days from the moment of crossing the border, in some cases it is extended to 30 days. The longest period is set for migrants from Belarus: according to Art. 3 of the Agreement between the Russian Federation and the Republic of Belarus, it increases to the maximum and amounts to 90 days.
Thus, citizens of Belarus can stay in Russia legally for 90 days without registration, after which they must leave the country. The maximum stay is also 90 days in 180 days. If foreigners violate this rule, they may be subject to administrative liability. The most serious consequence is that they will not be able to re-enter the Russian Federation for several months or even years.
Note! If you have Belarusian citizenship and want to stay in Russia for more than 90 days, you will have to register with the migration authorities, as well as apply for a temporary residence permit or temporary residence permit. Otherwise, after the specified period, you will have to leave the territory of the Russian Federation.
Notice of hiring citizens of Belarus
As a general rule, employers (organizations, entrepreneurs) must notify the Ministry of Internal Affairs about the conclusion or termination of an employment contract with visa-free foreigners. The notice period is 3 business days from the date of conclusion or termination of the contract (clause 8 of article 13, clause 1 of article 13.3 of the Law of July 25, 2002 N 115-FZ). For failure to fulfill this obligation, fairly large administrative fines are provided (Article 18.15 of the Code of Administrative Offenses of the Russian Federation).
Taxation of payments to citizens of Belarus
Personal income tax on payments to Belarusians is always calculated at a rate of 13% (Article 73 of the Treaty on the EAEU (signed on May 29, 2021)). This rate applies from the first day of their work in the Russian Federation and does not depend on the employee’s status: tax resident or non-resident. At the same time, according to the Ministry of Finance, if at the end of the calendar year an employee who is a citizen of Belarus has not acquired the status of a tax resident of the Russian Federation, then his income for the year should be subject to personal income tax at a rate of 30% (Letter of the Ministry of Finance dated May 23, 2021 N 03-04- 05/34859 ). Let us remind you that the status depends on the time spent in the Russian Federation over the past 12 months. But the Tax Service believes that there is no need to recalculate income at a rate of 30% (Letter of the Federal Tax Service dated November 28, 2021 N BS-4-11 / [email protected] ).
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According to the agreements of the Customs Union, a Belarusian passport is practically equal to a Russian one, with the exception of the right to vote. Temporary registration of citizens of Belarus will open up opportunities for social protection and give the right to work and study.
Depends on the method chosen for registration. For a Belarusian, the problems end with receiving the insert; checking the data “on the other hand” can take from three to seven days. After the verification is completed, the receiving party will receive an SMS to the email specified during registration.
Where and how to apply for registration
Some organizations offer a fictitious registration service. People with available housing temporarily register a Belarusian with them to go through the permit procedure. Dozens of people can be registered in such apartments, and the price of the service varies, starting from a thousand rubles in the worst houses.
Citizens of Belarus are given more time to visit the migration service than other visiting foreigners - not 7, but 30 working days if they plan to stay longer than the specified period. In addition, Belarusians can move freely throughout the country and change their place of residence. These are the main features of the stay of Belarusians in Russia.
Rules for crossing the Russian-Belarusian border
Citizens of most foreign countries must fill out migration cards when crossing the border with the Russian Federation, but this does not apply to Belarusians. Since 2015, a simplified entry procedure has been provided for them, which really makes border control and life in general easier.
When crossing the border, Belarusians are issued a ticket, which will indicate the date of arrival - this should be used as a guide when calculating the length of stay. The countdown starts from the day following the date of entry.
There are also separate rules depending on the method of arrival in Russia: by train, car, plane or on foot. Let's look at them in detail.
Way | Peculiarities | Additionally |
By train | Tickets must be purchased in advance at the ticket office of any Belarusian railway station, depending on the point of departure. Children from 5 to 10 years old receive discounts, and a child under 5 years old can travel for free | Border control is carried out in a simplified manner. Adults will only need passports, for children under 14 years old - birth certificates |
By car | You will have to go through border control. The stay at the border can take several hours depending on the number of people wishing to cross, but usually everything goes quickly | You will need a Green Card - special insurance for international travel. It can be purchased in advance, or purchased from an agent immediately at the border. In the latter case, a large markup is possible. You will also need a driver's license, passport, vehicle certificate |
By plane | This is the simplest option. No additional requirements are established for passengers; inspection can be carried out randomly. For obvious reasons, border control is not carried out | Migrants need to carry passports |
On foot | Almost the same rules apply as for motorists. The exception is that you do not need car insurance. A thorough search can be carried out on the Russian side | You only need a passport to cross the border. At border control, a ticket is issued confirming the date and fact of crossing the border. |
Some cross the border on foot, having reached it by car from Belarus, and then leave in the transport of meeting friends or relatives. The whole process takes from 30 to 90 minutes, depending on how busy the checkpoint is.
Note! At the border, border guards always issue a return ticket, which must be kept until returning to Belarus. If you lose it, you will have to restore everything through the migration authority, which entails a waste of time, effort and money.
Temporary registration for citizens of Belarus
Temporary registration in this case means registration with migration authorities. According to current legislation, the receiving party must do this:
- Employer. If a migrant from Belarus comes to Russia for the purpose of employment, the decision on registration rests with the head of the company. If a foreigner intends to reside at the location of the organization and there are all conditions for this, he can be registered at this address.
- Landlord. In 90% of cases, migrants rent housing, and then the landlords must handle migration registration. To do this, just contact the Department of Internal Affairs of the Ministry of Internal Affairs at the address of the apartment with a package of documents.
- Hotel administration. If a foreigner plans to stay in the Russian Federation for more than 90 days and live in a hotel, the registration issue should be handled by the administration of the hotel in which he lives.
Example No. 1: registration of a citizen of Belarus in the Russian Federation
A man came from Minsk to Voronezh for employment in one of the local organizations. When crossing the border, he was given a ticket, dated 10/01/2018. Consequently, without registration, he can stay in Russia for up to 90 days or until December 31, 2018, after which he must leave the Russian Federation.
Immediately after his arrival, the migrant rented an apartment at his own expense and agreed with the owner to register for migration. Registration was completed 14 days after arrival for 1 year. Subsequently, the man found a job and entered into an employment contract with the employer for a period of 5 years. Registration has been extended for a similar period. Despite this, the migrant will have to annually confirm his stay in the Russian Federation through the Department of Internal Affairs of the Ministry of Internal Affairs at his place of residence.
Note! If registration at the place of residence was previously completed by the employer, there is no need to register for migration at the place of residence.
Inn for citizens of Belarus from 2021
Mistake No. 1. When filling out the application, you must not make any mistakes or enter incorrect data. To prevent errors, you must follow the Instructions for filling out the form. The document provides for certain types of abbreviations, entries without gaps, certain spellings of dates and other nuances. A person who submits a document in violation of the filling rules or with corrections will be denied registration.
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Registration of citizens of Belarus in Russia in 2021
The certificate is issued to a citizen of the Republic of Belarus by the territorial department to which the documents are submitted. The certificate will be ready after 5 working days from the date of personal submission of the application or receipt of the postal item from the person. If a person submits documents through the MFC, the same production period is provided.
The Administration of the Ministry of Internal Affairs, as an employer who employs foreign citizens, does not have the right to attract foreigners to work, and of course, in this case, registering the employee with migration registration is also impossible. If the receiving party is an individual, then for temporary registration of foreign citizens the following documents are needed:
If there are grounds, migration registration may be extended. This must be done in advance, before the end of your temporary stay. This procedure involves submitting documents to obtain a residence permit or official employment.
Organizations involved in providing the service
5 of Law No. 115-FZ, the period of temporary stay in the Russian Federation of a foreign citizen who arrived in the Russian Federation in a manner that does not require a visa cannot exceed 90 days in total during each period of 180 days, except for cases provided for by Law No. 115 -FZ, as well as if such a period is not extended in accordance with Law No. 115-FZ.
Unlike other foreigners, Belarusians do not need to register with migration control authorities. They will also not have to apply for an entry visa within 90 days from the date of entry into the Russian Federation. So the absence of difficulties associated with visas makes life much easier when it comes to hiring Belarusians in 2021.
How to register for migration: step-by-step instructions
The step-by-step procedure for registering for migration is as follows:
- A migrant arrives in Russia, when crossing the border, fills out all documents correctly and keeps them until departure.
- After the foreigner’s arrival, the receiving party fills out a notification in the prescribed form, requests documents from the foreigner and provides everything to the Department of Internal Affairs of the Ministry of Internal Affairs at the place of registration.
- Migration department employees check all documents, after which they give the applicant the equal part of the notice - it will indicate the registration period.
- The citizen receiving the migrant gives him the tear-off part - it is this that serves as confirmation of migration registration.
- At the end of the registration period, the foreigner must either renew it or leave Russia.
“The protocol following the meeting of the Cabinet of Ministers introduced changes regarding the simplification of crossing the Russian border by citizens of Belarus. The simplified procedure is also relevant for Russians, because the Agreement is bilateral. The abolition of migration cards will significantly simplify the entire process for residents of both countries, as well as sailors and those who intend to stay in the country only temporarily.”
YES. Medvedev, Chairman of the Government of the Russian Federation.
Documentation
To register a migrant with the migration department, the receiving party must provide a number of documents:
Name | Where to get | Validity |
Notification | Download on the Internet or take a blank form from the Department of Internal Affairs of the Ministry of Internal Affairs | Not installed |
Foreigner's passport | Provided by the migrant himself | Before a planned replacement or in connection with a change in passport data |
Receiver's passport | Civil registry office at your place of residence | |
Certificate of ownership of an apartment or other property | MFC | 1 month |
Employment contract (if registration is carried out by the employer) | Employer company | Before the expiration of the period specified in the contract. If such a period is not established, it is considered unlimited |
How can Belarusians stay in Russia legally?
Like any foreigner entering, a Belarusian needs to acquire a host. This can be either an individual or a legal entity (employing organization). He may have Russian citizenship or foreign citizenship with a residence permit in Russia. If a Belarusian settles in a hotel, hotel, recreation center or on the territory of a tourist center, the administration is responsible for fulfilling all duties related to the registration of a foreign citizen.
Required documents
Within 30 working days after crossing the Russian border, the receiving person provides the above documents to the local FMS office. There he fills out the arrival notification form in 2 copies. The migration control officer places a mark on the detachable part of the notification.
26 Apr 2021 yuristco 695
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FAQ
Question No. 1. What happens if a citizen of Belarus does not register on time?
In this case, liability according to Art. 18.9 of the Code of Administrative Offenses of the Russian Federation will be borne by the receiving party. You will have to pay a fine from 2 to 4,000 rubles. If the blame for violating the registration deadlines lies with the migrant himself, he will have to pay a fine of 2-5,000 rubles, and forced deportation is possible.
Question No. 2. What is the state fee for registering a foreign citizen?
For 2021, the amount is 350 rubles. If there are several migrants, the fee is paid for each of them. When contacting firms specializing in migration issues, costs will increase to 5-7,000 rubles.
Common Mistakes
Mistake #1. For Belarusians, the same period of stay without registration applies as for other citizens.
No, due to the existence of an Agreement between the countries, the rules of stay in the Russian Federation are significantly relaxed for foreigners from Belarus.
Mistake #2. When finding employment, migrants from Belarus pay personal income tax at an increased tax rate of 30%.
No. Based on the EAEU Treaty, a standard rate of 13% is established for migrants from any participating country in the Russian Federation.