Working Visa for Foreigners
A work visa for foreigners is a critical element that allows professionals worldwide to build their careers in other countries….
A work visa for foreigners is a critical element that allows professionals worldwide to build their careers in other countries. In the face of growing competition in the labor market, the opportunity to work abroad opens up new horizons for personal and professional development. However, obtaining a work visa may seem complicated and confusing, with many rules and requirements that must be considered. In this article, we will look in detail at what a work visa is, what categories exist, what documents will be needed to obtain it, and what steps must be taken for successful registration. Understanding all these aspects will help foreigners easily navigate the legal nuances of labor migration and successfully realize their ambitions outside their home country.
What is a work visa?
A work visa is a document that allows foreign citizens to work legally in another country. This type of visa gives you the right to work for a specific employer or in a particular field, depending on the conditions provided for by the visa.
Main features of a work visa:
- Types of visas: Depending on the country and destination, there are different types of work visas, such as temporary, permanent, or specialized visas.
- Requirements: To obtain a work visa, you usually need an invitation from your employer, proof of qualification, language skills, and other documents.
- Validity period: Work visas can be issued for a certain period, which can be extended depending on the length of the contract or other conditions.
- Rights and obligations: Professional activity in another country is governed by the laws of the country where the visa was obtained.
A work visa is essential for foreign citizens from visa-free countries who want to build a career abroad.
How to get a work visa
- The employer receives a work visa, but the necessary documents are sent to him by a foreign employee.
- In Belarus, the Type D long-term visa issued for employees is considered a multiple-entry visa. Its validity period ranges from 90 days to 5 years.
- A short-term entry visa is valid for up to 90 days and allows you to work for up to 3 months (for example, an internship).
- You need medical insurance and an invitation from your employer to obtain these visas.
- The consular fee for a work visa is 60 euros.
Documents for a short-term visa
To obtain a short-term visa, a foreign citizen must collect the following documents:
- A notarized special work permit for a foreigner is optional when the Belarusian consulate has information about the issue of such a permit for a foreigner.
- Permission to open a representative office of a foreign organization in Belarus and a letter from a foreign organization about the appointment of a foreign citizen as the head of the representative office – when the visa is needed by the head of the representative office – a foreign citizen.
Documents for a long-term visa
For a long-term work visa, you need an application from the Belarusian company employer and a notarized copy of a particular work permit for a foreign employee. Sometimes, instead of a notarized special license, information about the issue of such a permit, which is available in a foreign institution in Belarus, is suitable.
Application for a work visa
The application for a work visa has the established form. It is made on the letterhead of the company-employer. It contains information about the inviting party (this is the employer) and the contact person, as well as information about the foreign employee: citizenship, other passport data, place of work, and position.
Write in the application the desired period of validity of the visa and the length of stay of the foreigner and justify, if necessary, the issuance of a multiple-entry visa.
What is the Company’s responsibility for issuing a work visa to a foreign employee?
The Company that invites a foreign employee must submit documents upon registration at the place of temporary stay. The Company must also take measures to ensure that the foreigner leaves Belarus after the end of the period of stay. In the event of expulsion or deportation of a foreign employee, the Company bears the associated costs.
The Company that grants a work visa to a foreign employee is also responsible for the following points:
1. Compliance with the law
The Company must comply with all local laws and regulations regarding the employment of foreign employees, including obtaining all necessary permits and licenses.
2. Cooperation with migration authorities
The employer must properly process the documents and submit the necessary applications to the migration authorities. It must also provide the requested information and comply with the deadlines for submitting documents.
3. Support for the visa application process
The Company must provide the necessary support to the foreign employee in obtaining a work visa, including the required documents and guarantees.
4. Working conditions and observance of employee rights
The employer is obliged to provide the foreign employee with working conditions that comply with labor legislation and to guarantee the observance of his rights as an employee, including salary, rest time, safety and labor protection conditions.
5. Informing about the terms and conditions
The Company must provide the foreign employee with all necessary information about the country’s legislation, labor regulations, policies, and internal rules.
6. Visa extension
If necessary, the organization should be prepared to assist its employees with visa renewal issues, including any new documents or guarantees that may be required.
7. Support in adaptation
The Company’s responsibility is also to support the employee in adapting to a new cultural and work environment, which may include assistance in finding housing, integration into the team, and other aspects.
8. Liability for delays and violations
If migration rules are violated, regardless of whether the employee or Company was at fault, the organization may be held accountable, including fines, undesirable consequences for the business, or even a ban on the employment of foreign workers in the future.
Thus, the employer plays a crucial role in ensuring compliance with migration and labor standards and creating safe and comfortable conditions for foreign employees.
What is the responsibility of a foreign employee who has received a work visa?
The responsibility of a foreign employee who has received a work visa includes several aspects related to compliance with the law, labor rights and general conditions of stay in the country. Here are the main points to pay attention to:
1. Compliance with visa conditions
A foreign employee must comply with the conditions of their work visa, including its validity period, restrictions on the type of work and employer. Violation of these conditions may result in visa cancellation and deportation.
2. Compliance with local laws
The employee must comply with all laws and regulations in the host country, including tax obligations and labor laws. In particular, you must register with the local citizenship and migration authority within ten days after arriving in Belarus.
3. Work only in the speciality
A foreign employee must perform only those functions specified in the employment contract and correspond to their work visa. Working in other positions or for different employers without proper authorization may be a violation.
4. Reporting to the employer
The employee is obliged to perform their official duties and comply with the Company’s internal rules. Failure to perform your job duties may result in disciplinary action, including dismissal.
5. Awareness of deadlines
A foreign employee should keep track of the validity period of their visa and, if necessary, start the processes for its renewal or change of status in advance.
6. Informing about status changes
If an employee’s data changes (for example, a change in their residential address or marital status), they must inform the migration authorities and the employer about this within the established time frame.
7. Responsibility for compliance with living conditions
A foreign employee must reside at the place of registration. If such a place has changed, then you need to make a new registration with the citizenship and migration authority.
Compliance with these responsibilities ensures the legality of a foreign employee’s stay and work and their professional reputation, and it contributes to a positive experience of integration into a new cultural and labor environment.
When foreign workers don’t need work visas
In some cases, if conditions are met, foreign employees of Belarusian companies do not need work visas.
Foreign employees of companies that are residents of the Hi-Tech Park of Belarus and owners and founders of such companies do not need visas. These foreign citizens can stay in Belarus for up to 180 days in a calendar year.
When do I need a work visa even if I have a visa-free regime?
Until December 31, 2024, citizens of several countries can enter Belarus without a visa:
Lithuania, Latvia, Poland, Austria, Andorra, Belgium, Bosnia and Herzegovina, Bulgaria, Vatican City, Cyprus, Denmark, Iceland, Ireland, Greece, Hungary, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Spain, Netherlands, Norway, Portugal, Romania, San Marino North Macedonia, Slovakia, Slovenia, Finland, France, Germany, Croatia, Czech Republic, Sweden, Switzerland and Estonia. Such citizens can stay in Belarus for up to 90 days in a calendar year.
If citizens of these countries want to work in Belarus, they need a work visa.
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