Legal regulation of marriage with foreign citizens
The conclusion of a marriage with foreign citizens in Belarus (between a citizen / citizen of Belarus and a citizen / citizen of another country) is carried out in a manner similar to an ordinary marriage, but with some peculiarities.
The legal norms governing marriages between citizens of Belarus are contained in a separate section of the Code of the Republic of Belarus on Marriage and Family (Section VI). At the same time, the articles of the Marriage and family code refer to the legislation on administrative procedures, in particular, regarding the documents required for the registration of such marriage unions (Presidential Decree of 26.04.2010 N 200 “On Approval of the List of Administrative Procedures Carried out by State Bodies”).
Registration of marriage with a foreigner in Belarus
Registration of marriage with foreign citizens in Belarus has the same legal force as registration of marriage between Belarusian citizens. However, it should be borne in mind that a marriage with a foreign citizen, concluded in Belarus, may not be recognized in another country. In any case, for the recognition of a marriage in a foreign country, documents confirming this are required.
Registration of marriage with a civilian of foreign countries is carried out by any civil registry department.
Conditions for contracting a marriage with a foreign citizen
In Belarus, a marriage can be concluded with a citizen of any state at the mutual desire of the persons entering into marriage, as well as in the absence of obstacles to marriage. Another prerequisite is that the foreign citizen does not have a spouse. Thus, marriage with a citizen of a country where polygamy is permitted is possible only upon presentation of a document that the foreigner is single or divorced.
Documents for registering a marriage with a foreigner
To register a marriage with a foreign citizen, the registry office must provide:
– a statement from persons wishing to create a marriage union;
– passports (or other identity documents), moreover, the foreigner’s passport must be translated into Belarusian / Russian, and the authenticity of the translator’s signature must be certified by a notary;
– a certificate from the country of which the foreigner is a citizen, stating that he is not married (its name is different – “certificate of family composition”, “certificate of the absence of a spouse”, etc.);
– a document confirming the right of a foreigner to live in Belarus (temporary residence permit, certificate of temporary registration at the place of stay, etc.);
– a receipt for payment of the state duty.
Recognition of marriage invalid in Belarus
A marriage with a foreign citizen may be invalidated. Since the main condition for registering a marriage is the mutual desire of a woman and a man to create a family, a marriage without such a goal or with other goals is fictitious.
Recognition of a fictitious marriage as invalid is carried out in the course of action in court. Moreover, if the marriage is the basis for a foreigner to receive a TRP in Belarus, then a representative of the internal affairs body can file a claim in court.
A marriage is also recognized as invalid if the person does not reach the marriageable age, in the case of coercion to enter into a marriage, in the event of the incapacity of one of the persons who entered the marriage, and in other situations.
Temporary residence permit (TRP) for foreign citizens who have married in Belarus
If a foreigner has a temporary residence permit in Belarus, then after registering a marriage with a citizen / citizen of Belarus, it is extended for a period of 1 year.
Obtaining a temporary residence permit by a foreign citizen
Marriage with a Belarusian citizen / citizen is the basis for a foreigner to obtain a TRP.
It is necessary to receive a TRP if you stay in Belarus for more than 90 days. To do this, you should contact the citizenship and migration authority at the place of stay of the foreigner and submit a package of documents.
An application for a TRP is considered by the authority within 15 days.
Documents for TRP in Belarus
To obtain a TRP, you must provide:
– a statement indicating the reasons for the TRP;
– a completed application form;
– passport of a citizen with translation into Russian / Belarusian;
– marriage registration certificate;
– a document on the legality of entry into the Republic of Belarus;
– a receipt for payment of the state duty;
– if necessary, other documents.
Children born while married to a foreign citizen
Children born in a marriage with a foreign citizen are the same citizens of Belarus, as are children whose both parents are citizens of Belarus. “Pitfalls” can arise during a divorce, since if, for example, a foreign father after a divorce will live in his state, then the question of determining with whom the common child will live is quite serious. Such issues are decided by the court with a mandatory study of all the circumstances, the personality of the parents, the opinion of the child (if he is already 10 years old).
Our lawyers and advocates have been dealing with issues of marriage in the Republic of Belarus for more than 10 (ten) years. If you have questions related to marriage and you need help or advice from a family lawyer in Belarus, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
