Thursday, November 04, 2010

The new Law on the status of foreigners in the Republic of Moldova

The law determines the order of entry and stay of foreigners in the territory of the Republic of Moldova, general conditions for issuing residence permits and visas for the entry to Moldova. This Law shall become effective from 24 December 2010
Here we are going to pay attention just to some aspects of the new law. Contact us for more details or any clarifications.
Article 19 of the new Law provides for the cases in which it is possible to issue long-term visas to foreigner. They can be issued for the following purposes:

-         carrying out entrepreneurial activities - for foreigners investing into the national economy which are or have the intention to become stock or shareholders with the right to conduct or manage commercial undertakings in the Republic of Moldova;
-         employment (however, in this case getting a working permit should be considered additionally);
-         studying;
-         family reunification (an application for a visa for this purpose must be accompanied by a confirmation from the Bureau for Migration and Refugees);
-         for carrying out humanitarian or religious activities;
-         for diplomatic or official purposes;
-         for medical treatment.

Long-term stay visas are granted for a period of not more than 12 months for one or more visits each of them not exceeding 90 days within the 6 months period from the date of the first entry into the country, and allow foreigners to apply for granting the right to reside in Moldova. 

The right to temporary residence in the Republic of Moldova, given to a foreigner may be extended by the competent authority for foreigners, if:

a) they continue to meet the conditions for the entry into the Republic of Moldova;
b) during the foreigner's stay in the Republic of Moldova there was not registered any of the circumstances that would not allow to enter the territory of the Republic of Moldova;
c) s/he has the documents for crossing the border, valid for the period for which an extension of the right to stay in the Republic of Moldova is sought;
d) they seek to extend the right to stay for the same purpose for which the visa was initially issued and the right to    stay granted;
e) the purpose for which the right to stay in the Republic of Moldova requested was observed;
f) the evidence of having living premises to stay at for the whole period for which the extension is requested and medical insurance is presented.

In general, the same aims are also provided for granting the right to temporary stay in the country with the issuance of a temporary residence permit. That is for in order to obtain a temporary residence permit the same requirements are set.
The right to permanent residence in the Republic of Moldova may be granted to a foreigner - the holder of the right to temporary residence if s/he meets all of the following conditions:

a) has stayed legally and continuously in the Republic of Moldova under the right of temporary residence for at least 3 years - for foreigners married to Moldovan citizens (or 5 years, if the duration of the marriage is less than 3 years);
b) has stayed legally and continuously in the territory of the Republic of Moldova for at least 5 years - for other categories of foreigners;
c) confirms availability of sufficient livelihood; this provision does not apply to persons married to citizens of the Republic of Moldova;
d) possesses living premises;
e) can speak the state language at a satisfactory level;
f) continues to meet the conditions for entry into the territory of the Republic of Moldova;
g) during the foreigner's stay in the Republic of Moldova there has not been registered any of the circumstances that do not allow to enter the territory of the Republic of Moldova;
h) did not had any criminal records over the past 3 years.

We should also indicate here the time periods for which foreigners are not allowed to enter Moldova in case they previously breached the time limits for staying in Moldova:

1 year - in the case of illegal residence for the period of 3 months to 1 year;
2 years - in the case of illegal residence for the period of 1 to 2 years;
3 years - in the case of illegal residence for the period of 2 to 3 years;
5 years - in the case of illegal residence for more than 3 years;
3 years - in the case of illegal employment;
5 years - for providing false personal information;
5 years - in the event of previous expulsion.

This post is part of the newsletter prepared by our law firm. You can download its full text in .pdf from here.

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