Republika e Kosovës Republika Kosova – Republic of Kosovo Qeveria – Vlada – Government Policia e Kosovës/Policija Kosova/Kosovo Police Ministria e Punëve të Brendshme Ministarstvo Unutrašnjih Poslova Ministry of Internal Affairs DIRECTORATE OF MIGRATION AND FOREIGN NATIONALS BORDER POLICE Department of Citizenship, Asylum and Migration a guide FOR ENTRY, MOVEMENT, RESIDENCE AND EMPLOYMENT OF FOREIGN NATIONALS IN THE REPUBLIC OF KOSOVO a guide FOR ENTRY, MOVEMENT, RESIDENCE AND EMPLOYMENT OF FOREIGN NATIONALS IN THE REPUBLIC OF KOSOVO The rights and obligations of foreign nationals in the Republic of Kosovo are regulated by the Law on Foreign Nationals No. 04/L219 and normative acts steaming from this law. For more information on the legal basis visit www.mpb-ks.org. Who is a foreign national in Kosovo? Any natural person who is not a citizen of the Republic of Kosovo. Responsibilities of the foreign national? It is the responsibility of any foreign national when moving and residing in Kosovo to respect the applicable legislation in the Republic of Kosovo. What travel documents for foreign nationals are issued by the Republic of Kosovo? The Republic of Kosovo issues the following travel documents: Travel document for foreign nationals; travel document for refugees; travel document for stateless people and travel paper for foreign nationals. Does the Republic of Kosovo apply a visa regime? The Government of the Republic of Kosovo by decision establishes the visa regime. The foreign national who is a citizen of the country for which an entry visa to the Republic of Kosovo is required is responsible to obtain the visa before entry in the Republic of Kosovo. The foreign national with the entry visa to the Republic of Kosovo does not enjoy the right to work in the Republic of Kosovo. Diplomatic and consular missions issue air transit visas (visa A) and entry visas (visa B, C and D). Air transit visa (A): is issued for air transit at the airport of the Republic of Kosovo for citizens of countries for which the Government of the Republic of Kosovo has determined such a regime. The multi-entry air transit visa (A) is issued for a maximum term of six months and it is issued for one, two or more transit passages through the international air transit zone. Entry visa (B): is issued for transit through the territory of the Republic of Kosovo, while the term of the visa should be in accordance with the time needed for transit. The multi entry transit visa (B) is issued for a maximum term of six months and it is issued for one, two or more transits. 3 4 a guide FOR ENTRY, MOVEMENT, RESIDENCE AND EMPLOYMENT OF FOREIGN NATIONALS IN THE REPUBLIC OF KOSOVO Entry visa (C): is issued for purposes of residence in the territory of the Republic of Kosovo for a determined time, but no more than 90 days for each period of six-months. Multi-entry visas are issued for periods of validity from six months to five years. Entry visa (D): is issued when the diplomatic or consular mission receives confirmation by the Ministry of Internal Affairs that a person fulfills the conditions to receive a residence permit in the Republic of Kosovo. Entry visa (D) is issued for one single entry and its validity is three months. For more information on visa policies in the Republic of Kosovo, visit: www.mfa-ks.net. Who has the right of entry? A foreign national is allowed to enter the Republic of Kosovo if he or she meets the following conditions: possesses a valid travel document or other document for crossing the border, possesses a valid visa or valid residence permit when required, proves having sufficient means for livelihood, has no prohibition on entry into the Republic of Kosovo and does not present a threat to state security, public order and public health. Upon entering and exiting the Republic of Kosovo, foreign nationals shall be subject of state border control. Under which conditions are entry and re-entry denied? The foreign national is refused entry into the Republic of Kosovo if: one does not possess a valid travel document or other document for crossing the border; does not possess a valid visa or valid residence permit when required; does not justify the purpose of entry and residence, does not prove having sufficient funds for livelihood during the duration of residence in the Republic of Kosovo, has a ban on entry and residence in the Republic of Kosovo, is a threat to national security, public order or public health in the Republic of Kosovo. An exception may be granted for entry into the Republic of Kosovo at a certain point of border entry, if required for humanitarian reasons, national interests or international obligations of the Republic of Kosovo. a guide FOR ENTRY, MOVEMENT, RESIDENCE AND EMPLOYMENT OF FOREIGN NATIONALS IN THE REPUBLIC OF KOSOVO Who enjoys the freedom of movement? Any person lawfully residing in the territory of the Republic of Kosovo has the right of free movement and free choice of residence on the entire territory of the Republic of Kosovo. - short term residence - temporary residence and - permanent residence. Short Term Residence means the residing of a foreign national for up to three (3) months within a period of six (6) months without a visa or with a visa when required. What are the types of residence? The types of residence in the Republic of Kosovo are: TEMPORARY RESIDENCE PERMIT Who is granted Temporary Residence Permit in the Republic of Kosovo? Temporary residence is granted to a foreign national who wishes to reside in the Republic of Kosovo for purposes of: 1. family reunification; 2. secondary education or higher education; 3. scientific research; 4. humanitarian reasons including refugees, persons under subsidiary protection and victims of human trafficking or victims of smuggling of migrants and foreign nationals who have expressed willingness to cooperate with the competent authorities; 5. work; and 6. employment of posted employee. How to apply for Temporary Residence Permit? The request for temporary residence permit for nationals of countries from which visa is required shall be submitted to the diplomatic or consular mission of the Republic of Kosovo. The request for temporary residence permit for nationals of countries from which no visa is required, shall be submitted to the Division of Foreign Nationals at the Department for Citizenship, Asylum and Migration (DCAM) - Ministry of Internal Affairs. 5 6 a guide FOR ENTRY, MOVEMENT, RESIDENCE AND EMPLOYMENT OF FOREIGN NATIONALS IN THE REPUBLIC OF KOSOVO What is the time of response to the request for Temporary Residence Permit? Regarding the request for temporary residence permit, DCAM shall decide within 30 days from the date of receipt of the request. The foreign national has the right to appeal the decision within eight (8) days at the Appeals Panel, which within thirty (30) days shall decide on the appeal. How long may be the duration of a Temporary Residence Permit? The temporary residence permit is issued for a one (1) year period. What are the conditions to be granted a temporary residence permit for the purposes of: 1.Family reunification: 1.1. Valid travel documents 1.2. Marriage Certificate, Family Status Certificate or the children’s Birth Certificate 1.3. ID of the citizen of the Republic of Kosovo or of the sponsor 1.4. Sufficient means for livelihood, proved by bank statement, work contract or other evidence 1.5. Evidence of ensured accommodation 1.6. Proof that the person is not sentenced and is not under investigation 1.7. Health insurance 1.8. Proof of vaccination in cases when the foreign national comes from a country with declared epidemic situation. 2.Secondary education or higher education: 2.1. Valid travel documents 2.2. Evidence of enrollment at an institution in the Republic of Kosovo 2.3. Evidence of consent by the parent or legal guardian of the planned residence, in cases of secondary education 2.4. Evidence of sufficient means for livelihood, proved by bank statement or other evidence 2.5. Evidence of ensured accommodation 2.6. Proof that the person is not sentenced and is not under investigation 2.7. Health insurance 2.8. Evidence in cases of student exchange and youth mobility and evidence of internship authorized by the organization 2.9. Proof of vaccination in cases when the foreign national comes from a country with declared epidemic situation. In cases of scientific research, the foreign national must submit the invitation from the licensed institution in the Republic of Kosovo. a guide FOR ENTRY, MOVEMENT, RESIDENCE AND EMPLOYMENT OF FOREIGN NATIONALS IN THE REPUBLIC OF KOSOVO 3.Work and employment of posted employee: 3.1. Valid travel documents; 3.2. Work contract in accordance with the Labor Law in the Republic of Kosovo 3.3. Sufficient means for livelihood, proved by bank statement, work contract or other evidence 3.4. Proof that the person is not sentenced and is not under investigation 3.5. Business Registration Certificate 3.6. Proof of education, qualification and skills of the foreign national 3.7. Health insurance 3.8. Proof of vaccination in cases when the foreign national comes from a country with declared epidemic situation.. The NGO Registration Certificate is required in cases of employment by an NGO. In cases of voluntary work, the foreign national must submit: • • • • • Valid travel documents Proof of registration of the organization Confirmation from organization about voluntary work. Health insurance Proof that the person is not sentenced and is not under investigation • Proof of vaccination in cases when the foreign national comes from a country with declared epidemic situation. Who is granted the Certification of Employment Registration? Foreign nationals who work in different fields up to ninety (90) days, up to sixty (60) days and up to thirty (30( days) within one year must obtain this certification. The application for certification of the employment registration is made at the Department of Labor and Employment at MLSW, which grants the certification of the employment registration. What are the criteria to obtain Certification of Employment Registration? Work contract, respectively written evidence of the contract Proof of education, qualification and skills of the foreign national Business Registration Certificate For more information consult the leaflet on the Certification of Employment Registration prepared and distributed by the Ministry of Labor and Social Welfare (MLSW) or the MLSW website. 7 8 a guide FOR ENTRY, MOVEMENT, RESIDENCE AND EMPLOYMENT OF FOREIGN NATIONALS IN THE REPUBLIC OF KOSOVO What is the amount of sufficient means for livelihood for foreign nationals that apply for temporary residence permit? The adult foreign national must bear proof of earning annual revenues of at least six (6) thousand euro. In cases of application for family reunification, the amount of annual income must be at least ten (10) thousand euro. What is the fee applied for Temporary Residence Permit? For work 50 Euros; for family reunification 30 Euros; for study 10 Euros. Exempted from this fee are persons relieved of the citizenship of the Republic of Kosovo, minors under the age of 16, persons who apply for permit of temporary stay for voluntary work, refugees, persons under subsidiary protection and temporary protection, as well as other humanitarian cases. In cases of application for secondary or higher education, the amount of annual income must be at least three (3) thousand euro. PERMANENT RESIDENCE PERMIT What are the conditions to be granted a Permanent Residence Permit? The Permanent Residence Permit issued to a foreign national who: at the time of application is in uninterrupted possession of five (5) years of temporary residence permit in the Republic of Kosovo; possesses a valid travel document; possesses sufficient means for livelihood; possesses health insurance; has basic knowledge in writing and reading of either of the official languages in the Republic of Kosovo and knows the culture and state regulation, and does not present a threat to state security. Where to apply for Permanent Residence Permit? The application for permanent residence permit is submitted to DCAM. Regarding the application, DCAM shall decide within sixty (60) days from the date of filing of the application. The decision may not be appealed, but an administrative a guide FOR ENTRY, MOVEMENT, RESIDENCE AND EMPLOYMENT OF FOREIGN NATIONALS IN THE REPUBLIC OF KOSOVO dispute may be initiated at the Basic Court. The adult foreign national must bear proof of earning annual revenues of at least six (6) thousand euro. tion order in the form of a decision which contains the personal data of the foreign national, the cause for the deportation decision, the period within which to leave, the border crossing, the term of prohibition of entry into the territory of the Republic of Kosovo and the obligation of the foreign national to appear in front of authorized body for state border control during deportation from the territory of Republic of Kosovo. In cases of application for family reunification, the amount of annual income must be at least ten (10) thousand euro. Does the foreign national have the right to appeal to the Deportation Decision? What is the amount of sufficient means for livelihood for foreign nationals that apply for permanent residence permit? What is the applied fee for Permanent Residence Permit? For work, 100 Euros; for family reunification, 70 Euros. Exempted from this fee are persons relieved of the citizenship of the Republic of Kosovo, minors under 16, refugees, persons under subsidiary protection and temporary protection, as well as other humanitarian cases. To whom is the Deportation Decision issued? To a foreign national who is residing and working illegally in the Republic of Kosovo, the competent Department for Citizenship, Asylum and Migration (DCAM) issues the deporta- A foreign national has the right to appeal within eight (8) days of receipt of the Deportation Decision at the Appeals Commission which should resolve the issue within fifteen (15) days of receiving the appeal. A foreign national who is dissatisfied with the decision of the Appeals Commission may initiate an administrative dispute at the Basic Court within eight (8) days from the receipt of the decision. Where to address the appeal: Division of Foreign National - DCAM Street “Luan Haradinaj” 10000 Prishtina — Kosovo 9 10 a guide FOR ENTRY, MOVEMENT, RESIDENCE AND EMPLOYMENT OF FOREIGN NATIONALS IN THE REPUBLIC OF KOSOVO When is a foreign national deported by force? Forced deportation of a foreign national from the territory of the Republic of Kosovo is conducted by the Border Police when the foreign national: has not left the Republic of Kosovo within the time limits specified in the deportation decision without any reason; has not left the territory of the Republic of Kosovo up to sixty (60) days after expiry of the visa or residence permit; is convicted of a criminal offense for which the law of the Republic of Kosovo provides a minimum sentence of one (1) year imprisonment; is readmitted from a country within the Readmission Agreements in force in the Republic of Kosovo. Who is held at the Detention Center? A foreign national for which a forced removal or deportation order has been issued is detained at the Detention Center after having applied all possible alternative measures or when the assessment shows these measures cannot be applied to the foreign national. Does the foreign national have the responsibility to notify the change of residence? A foreign national is obliged to notify the address and change of address to the nearest police station within three (3) days from the date of entry into the territory of the Republic of Kosovo or respectively from the date of change of residence address. A foreign national with a residence permit in the Republic of Kosovo is obliged to notify the address of residence and the change of address of residence to the nearest police station or DCAM within eight (8) days from the date of change of address of residence. In which cases penalties are applied? Penalties in fines are foreseen by Articles 128 to 134 of Law No. 04/L219 on foreign nationals and are imposed by the Border Police and the Labor Inspectorate for foreign nationals who do not respect the legislation applicable in the Republic of Kosovo. a guide FOR ENTRY, MOVEMENT, RESIDENCE AND EMPLOYMENT OF FOREIGN NATIONALS IN THE REPUBLIC OF KOSOVO All foreign nationals in residence in the territory of the Republic of Kosovo are provided with free legal aid by the Agency for Free Legal Aid. Where? Address: Str. Zenel Sailu - Prishtina Tel: 03820018942 www.knj-rks.org Addresses and contacts: Division of Foreign Nationals - Department of Citizenship, Asylum and Migration of the Ministry of Internal Affairs Street: Luan Haradinaj n.n. 10000 Prishtina, next to Prishtina stadium Tel: 03820019017; 03820019022; 03820019025 and 038 200 19026 http:/mpb-ks.org Directorate of Migration and Foreign Nationals – Kosovo Police Street: Luan Haradinaj NN 10000 Prishtina Tel: + 381 38 50 80 15 07 + 381 38 50 80 14 19 Fax: + 381 38 50 80 14 19 Email: [email protected] Department of Labor and Employment, Ministry of Labor and Social Welfare Address: Str. Uçk No. 1 Tel: +381 (38) 213 678; ext. 26144; Fax: + 381 38 50 212 018 www.mpms-ks.org Ministry of Foreign Affairs of the Republic of Kosovo Address: Building of the Ministry of Foreign Affairs, Str. Luan Haradinaj, 10000 Prishtina, Republic of Kosovo Tel.:03820011087 E-mail: [email protected] 11 a guide FOR ENTRY, MOVEMENT, RESIDENCE AND EMPLOYMENT OF FOREIGN NATIONALS IN THE REPUBLIC OF KOSOVO Designed and printed by with the support of
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