Registration of departure for permanent residence abroad: no significant changes
- When it is needed to apply for a permit for permanent residence abroad?
- When it is needed to become a consular registrant?
- What are the consequences of permanent residence abroad?
- Does registration on the consular register replace the obligation to notify on the availability of the foreign state documents?
On 24.11.2023, Resolution of the Council of Ministers of the Republic of Belarus No. 798 of 20.11.2023 came into force, which approved the Regulation on the Procedure of Exit for Permanent Residence Outside the Republic of Belarus for the Citizens of the Republic of Belarus.
This Regulation defines the procedure for consideration of applications of persons residing in Belarus for registration of departure for permanent residence outside Belarus by the Citizenship and Migration Departments of Internal Affairs Agencies at the place of residence of citizens.
In general, the Regulation does not contain significant changes in comparison with the previous procedure. In particular, information on close relatives was previously requested upon registration of departure for permanent residence, and an inspection was previously carried out to verify compliance with the requirements of the law:
- on the fulfilment of tax obligations;
- the enforcement of alimony obligations;
- the consent of the military registration office, etc.
An innovation is the regulation, changed by the law, of the procedure of registration of departure for permanent residence outside Belarus: now on page 29 of the passport of a citizen of the Republic of Belarus a special mark (stamp) of a new form is inserted, without indication of the state to which the citizen leaves for permanent residence (for reference: "special" ("PP series") passport for permanent residence outside the Republic of Belarus is not issued).
The procedure envisaged by the legislation for consideration of applications of citizens already residing abroad remained unchanged. The relevant applications are still considered by diplomatic missions and consular offices of the Republic of Belarus and the same checks are carried out.
When it is needed to apply for a permit for permanent residence abroad?
In case of departure for permanent residence outside the Republic of Belarus. Generally, the foreign State itself does not verify the existence of this authorisation, but individual States require such authorisation for domestic administrative procedures.
The stage of legalisation of permanent residence outside the Republic of Belarus itself consists of 2 stages:
- receiving authorisation;
- registration on the consular register in the country of permanent residence.
When it is needed to become a consular registrant?
After moving to a place of permanent residence outside the Republic of Belarus. This registration is a certain analogue of registration at the place of residence in Belarus. The time limit for applying for such registration, as well as liability for failure to register, is currently not established.
What are the consequences of permanent residence abroad?
There are a number of implications such as:
- termination of activity as an IE in Belarus;
- de-registration at the place of residence in Belarus and, as a consequence, in the absence of other citizens at the place of registration, payment for public utilities at tariffs that ensure full reimbursement of economically justified costs for their provision;
- loss of the right to receive certain pensions, etc.
Does registration on the consular register replace the obligation to notify on the availability of the foreign state documents?
No, they are separate procedures, and one does not replace the other.
