Belarusian nationality law

Last updated
Belarusian Citizenship Act
Coat of arms of Belarus (2020).svg
Parliament of Belarus
  • An Act relating to Belarusian citizenship
Enacted by Government of Belarus
Status: Current legislation

Belarusian nationality law regulates the manner in which one acquires, or is eligible to acquire, Belarusian nationality, citizenship. Belarusian citizenship is membership in the political community of the Republic of Belarus.

Contents

Belarusian citizenship is acquired and terminated in accordance with the Citizenship Act of the Republic of Belarus (2002), as well as international treaties to which Belarus is a party. These treaties include a 1998 treaty with Kazakhstan, a 1999 treaty with Ukraine, and a 1999 treaty with Kazakhstan, Kyrgyzstan and Russia.

History

Belarusian citizenship from 1917 to 1991

Regulations regarding Belarusian citizenship were issued by the Belarusian government from 1917-1991 and by the government of the Soviet Union from 1924-1991.

The Aliens Decree was issued on 4 August 1922, by the Sovnarkom of the Belarusian Soviet Socialist Republic. According to this decree, all subjects of the former Russian Empire who had permanent residence in the Byelorussian SSR, including refugees, were recognized as citizens of the Byelorussian SSR. Citizens of other Soviet Republics (such as the Russian Soviet Federative Socialist Republic) shared common rights and obligations with citizens of the Byelorussian SSR. All adults (except in the cases listed below) could apply for Belarusian SSR citizenship, and the children younger than 14 years of age of those who were granted Belarusian SSR citizenship acquired Byelorussian SSR citizenship automatically; the consent of children over 14 was necessary. Additionally, anyone could renounce citizenship. The following groups of people were deprived of citizenship (unless they received passports in consulates of Soviet Republics before 1 January 1923):

Children of Belarusian SSR citizens born in the territory of the Belarusian SSR acquired citizenship at the time of birth. If only one parent held Belarusian SSR citizenship, then the citizenship of the child was determined by joint declaration of his or her parents. Without such a declaration, the child acquired citizenship of the Belarusian SSR automatically, while still retaining the right to acquire the citizenship of the non-Byelorussian parent upon becoming adult.

According to the Code of Marriage, family and guardianship of Belarusian SSR promulgated in 1927:

The Citizenship Act of the USSR (1930) and the Citizenship Act of the USSR (1931) declared that citizens of the USSR who lived in the territory of a Soviet Republic would become citizens of that Republic, unless they chose citizenship of another Soviet Republic in connection with their ethnic origin.

Up to the dissolution of Soviet Union, citizenship legislation became increasingly centralised. Legal norms regarding Belarusian citizenship by birth were revoked in order to bring Belarusian family law in accordance with the Principles of Legislation on Marriage and the Family of the USSR and the Union Republics (1968).

Belarusian citizenship from 1991 to 2002

The first citizenship act after the Belarusian declaration of independence was adopted on 18 October 1991.

The Citizenship Act (1991) has not declared succession of citizenship of the Byelorussian SSR. Citizens of the USSR who had permanently resided in Belarus were recognized by the Act as citizens of the Republic of Belarus.

Belarusian citizenship could be acquired:

Citizenship by birth could be acquired if both of the parents were citizens of the Republic of Belarus. The same applied if only one of the parents was a citizen of Belarus and at the same time the child was born in Belarus, or in the case where at least one of his parents had permanent residence in Belarus. Citizenship was also granted to a child that was born in Belarus to stateless parents.

Citizenship by naturalization could be gained if the applicant:

Citizenship Act (2002)

Acquisition of citizenship

Belarusian citizenship can be acquired:

Citizenship by birth can be acquired by a child if one of the parents is a Belarusian citizen or both of them are permanent residents of Belarus.

Citizenship by naturalization can be gained if the applicant:

The required period of residence can be reduced for several categories of people, including ethnic Belarusians, the descendants of ethnic Belarusians born abroad, people who held Belarusian citizenship in the past, and people who have made significant contributions to development of Belarus.

Citizenship by registration can be acquired by:

Termination of citizenship

Belarusian citizenship can be terminated by:

According to the Nationality Act, only persons 18 years and older may renounce their citizenship, under 18s must have a renouncing application submitted by their parent(s).

Visa requirements

Visa requirements for Belarusian citizens
.mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{}
Belarus
Free movement (Union State)
Visa free access
Visa on arrival
eVisa
Visa available both on arrival or online
Visa required prior to arrival Visa Requirements for Belarusian Citizens.svg
Visa requirements for Belarusian citizens
  Belarus
  Free movement (Union State)
  Visa free access
  Visa on arrival
   eVisa
  Visa available both on arrival or online
  Visa required prior to arrival

In 2024, Belarusian citizens had visa-free or visa on arrival access to 81 countries and territories, ranking the Belarusian passport 66th in terms of travel freedom according to the Henley_Passport_Index. Possession of a Belarusian passport is compulsory under the law.

See also

Related Research Articles

<span class="mw-page-title-main">Naturalization</span> Process by which a non-national in a country acquires after birth the nationality of that country

Naturalization is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the United Nations excludes citizenship that is automatically acquired or is acquired by declaration. Naturalization usually involves an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.

Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation, known as citizenship. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded as stateless.

<span class="mw-page-title-main">Swedish nationality law</span> History and regulations of Swedish citizenship

Swedish nationality law determines entitlement to Swedish citizenship. Citizenship of Sweden is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Swedish parent, irrespective of place of birth.

<span class="mw-page-title-main">Czech nationality law</span>

The citizenship law of the Czech Republic is based on the principles of jus sanguinis or "right by blood". In other words, descent from a Czech parent is the primary method of acquiring Czech citizenship. Birth on Czech territory without a Czech parent is in itself insufficient for the conferral of Czech citizenship. Every Czech citizen is also a citizen of the European Union. The law came into effect on 1 January 1993, the date of the dissolution of Czechoslovakia, and has been amended in 1993, 1995, 1996, 1999, 2002, 2003, and 2005. Since 1 January 2014, multiple citizenship under Czech law is allowed.

<span class="mw-page-title-main">Polish nationality law</span> History and regulations of Polish citizenship

Polish nationality law is based primarily on the principle of jus sanguinis. Children born to at least one Polish parent acquire Polish citizenship irrespective of place of birth. Besides other things, Polish citizenship entitles the person to a Polish passport.

<span class="mw-page-title-main">Slovenian nationality law</span>

Slovenian nationality law is based primarily on the principles of jus sanguinis, in that descent from a Slovenian parent is the primary basis for acquisition of Slovenian citizenship. However, although children born to foreign parents in Slovenia do not acquire Slovenian citizenship on the basis of birthplace, place of birth is relevant for determining whether the child of Slovenian parents acquires citizenship.

<span class="mw-page-title-main">Hungarian nationality law</span> History and regulations of Hungarian citizenship

Hungarian nationality law is based on the principles of jus sanguinis. Hungarian citizenship can be acquired by descent from a Hungarian parent, or by naturalisation. A person born in Hungary to foreign parents does not generally acquire Hungarian citizenship. A Hungarian citizen is also a citizen of the European Union.

<span class="mw-page-title-main">Belarusian passport</span> Passport of the Republic of Belarus issued to Belarusian citizens

A Belarusian passport is issued to citizens of Belarus and is used for both external and internal travel. Unlike Russia, there are no internal passports in Belarus. Passports are issued by the Ministry of Internal Affairs in Belarus and by the Ministry of Foreign Affairs to citizens who live abroad.

<span class="mw-page-title-main">Japanese nationality law</span> History and regulations of Japanese citizenship

Japanese Nationality Law details the conditions by which a person holds nationality of Japan. The primary law governing nationality regulations is the 1950 Nationality Act.

<span class="mw-page-title-main">Greek nationality law</span> History and regulations of Greek citizenship

Nationality law of Greece is based on the principle of jus sanguinis. Greek citizenship may be acquired by descent or through naturalization. Greek law permits dual citizenship. A Greek national is a citizen of the European Union, and therefore entitled to the same rights as other EU citizens.

<span class="mw-page-title-main">Lithuanian nationality law</span>

Lithuanian nationality law operates on the jus sanguinus principle, whereby persons who have a claim to Lithuanian ancestry, either through parents, grandparents, great-grandparents may claim Lithuanian nationality. Citizenship may also be granted by naturalization. Naturalization requires a residency period, an examination in the Lithuanian language, examination results demonstrating familiarity with the Lithuanian Constitution, a demonstrated means of support, and an oath of loyalty. A right of return clause was included in the 1991 constitution for persons who left Lithuania after the Soviet occupation in 1940 and their descendants. Lithuanian citizens are also citizens of the European Union and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament.

<span class="mw-page-title-main">Estonian nationality law</span> History and regulations of Estonian citizenship

Estonian citizenship law details the conditions by which a person is a citizen of Estonia. The primary law currently governing these requirements is the Citizenship Act, which came into force on 1 April 1995.

<span class="mw-page-title-main">Ukrainian nationality law</span> History and regulations of Ukrainian citizenship

Ukrainian nationality law details the conditions by which a person holds nationality of Ukraine. The primary law governing these requirements is the law "On Citizenship of Ukraine", which came into force on 1 March 2001.

<span class="mw-page-title-main">Russian citizenship law</span> History and regulations of Russian citizenship

Russian citizenship law details the conditions by which a person holds citizenship of Russia. The primary law governing citizenship requirements is the federal law "On Citizenship of the Russian Federation", which came into force on 1 July 2002.

<span class="mw-page-title-main">Croatian nationality law</span> History and regulations of Croatian citizenship

The Croatian nationality law dates back from June 26, 1991, with amendments on May 8, 1992, October 28, 2011, and January 1, 2020, and an interpretation of the Constitutional Court in 1993. It is based upon the Constitution of Croatia. It is mainly based on jus sanguinis.

<span class="mw-page-title-main">Azerbaijani nationality law</span> History and regulations of Azerbaijani nationality

Azerbaijani nationality law is regulated by the Constitution of Azerbaijan, as amended; the Citizenship Law of Azerbaijan and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, an Azerbaijani national.

Multiple citizenship is a person's legal status in which a person is at the same time recognized by more than one country under its nationality and citizenship law as a national or citizen of that country. There is no international convention that determines the nationality or citizenship status of a person, which is consequently determined exclusively under national laws, that often conflict with each other, thus allowing for multiple citizenship situations to arise.

<span class="mw-page-title-main">Slovak nationality law</span>

Slovak nationality law is the law governing the acquisition, transmission and loss of Slovak citizenship. The Citizenship Act is a law enacted by the National Council of Slovakia in regard to the nationality law following the dissolution of Czechoslovakia. In 2010, it was controversially amended, enacting loss of Slovak citizenship upon naturalization elsewhere. This was said to have affected the 2012 election to some degree.

<span class="mw-page-title-main">Venezuelan nationality law</span> History and regulations of Venezuelan citizenship

Venezuelan nationality law is the law governing the acquisition, transmission and loss of Venezuelan citizenship. It is based on the principle of jus soli: any person born in Venezuela acquires Venezuelan citizenship at birth, irrespective of nationality or status of parents. Venezuelan nationality law is regulated by Section 1 of Chapter 2 of the Constitution of Venezuela and by the Nationality and Citizenship Act of 2004.

Soviet nationality and citizenship law controlled who was considered a citizen of the Union of Soviet Socialist Republics, and by extension, each of the Republics of the Soviet Union, during that country's existence. The nationality laws were only in rough form from about 1913 to 1923, taking more definite form in 1924. There were several major changes in the nationality law, especially in 1931, 1938, and 1978. Soviet law originally expanded the bounds of jus sanguinis and citizenship by residence more than was common among European countries, before tending to gradually retract from that over time. Soviet citizenship law was also used as a political tool to expand the number of Soviet citizens globally, increase military conscription pools, and punish dissenters or even entire ethnic groups.

References