for entry, movement, residence and employment of foreign nationals

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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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]
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FOR ENTRY, MOVEMENT, RESIDENCE
AND EMPLOYMENT OF FOREIGN NATIONALS
IN THE REPUBLIC OF KOSOVO
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