One of the innovations of this law is that for citizens of Kosovo, the USA and the EU, when they apply for the first time, a unique residence permit with a 5-year term is issued immediately, with the right to renew it later with a residence permit of permanent, something that did not exist before
The Assembly of Albania has approved in a plenary session with 87 votes in favor, 6 against and 2 abstentions the draft law presented by the government of this country "For foreigners".
The draft law, which has already become a law, aims to regulate the regime of entry, residence, employment and exit of foreigners to/from the Republic of Albania, aligning the migration legislation with EU directives. One of the innovations of this law is that for citizens of Kosovo, the USA and the EU, when they apply for the first time, a unique residence permit with a 5-year term is issued immediately, with the right to renew it later, with a permit permanent residence, something that did not exist before. Article 33 of the law equates the citizens of the Republic of Kosovo with those of the USA and EU member countries for residence permits.
"Citizens of the United States of America, member countries of the European Union and citizens of the Republic of Kosovo, when they apply for the first time and meet the general criteria, defined in Article 36 of this law, receive a residence permit with a term of 5 -years old", it is stated in article 33 of the draft law.
While point ç of this article makes it possible for the residence permit to become permanent in the event that the foreigner has had a legal residence for 5 consecutive years in Albania, and has stable ties or activities in the country. Article 36 of the draft law stipulates in this case the foreign citizen to be called a temporary resident in the Republic of Albania. A foreign citizen is called a temporary resident in the Republic of Albania, only after he is registered in the civil status offices of the local government unit, where he has his temporary residence, and must notify the responsible authorities every time he changes his residence, in accordance with legislation in force.
"The draft law 'For foreigners' is a completely new legal initiative and comes at a moment to respond to the dynamics of migration, as well as to address the problems observed so far, and to further increase the standards of treatment of citizens foreigners in Albania, making Albania a more attractive country for foreigners", declared from the floor of the Assembly, the Minister of the Interior of Albania, Bledi Çuçi.
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With this new legislation for foreigners, according to Çuçi, easier procedures are being created for residence permits, avoiding bureaucracy, which in many cases had become an obstacle, especially for potential investors and the workforce.
However, this project is not a separate initiative, and together with the Law on Citizenship and the Law on Asylum in the Republic of Albania, already approved, complete 360 degrees the regime for the treatment of foreigners in Albania. During the drafting of the draft law, all the processes of hearings, recommendations from various international organizations, civil society actors, the Chamber of Commerce and independent institutions were carried out, to guarantee the compatibility of the provisions of the law with the rights and freedoms provided for in the Constitution and international instruments already ratified by the Republic of Albania.
The draft law "For foreigners" that has already received the approval of the Assembly and awaits the decree by the president of the country, addresses one of the shortcomings of the previous legislation, integrating the work permit and residence permit equipment in a single document. So, in what will be called unique permission. Thus, a single application procedure is guaranteed for foreigners who intend to work and stay in the territory of the Republic of Albania. This is a very important step, which guarantees foreigners who have a regular stay in Albania, a single application procedure, saving time and expenses, both in fees and in the preparation of documentation. Foreign nationals seeking residence for employment reasons will, through this law, go to only one migration desk and must submit only one file of documents.
"The innovation of this law is that for the citizens of Kosovo, the USA and the EU, and when they apply for the first time, we foresee the issuance of a unique residence permit with a 5-year term immediately, with the right to renew on later with a permanent residence permit, something that did not exist before", said Minister Çuçi.
But, according to the Minister of the Interior of Albania, the law also has its own challenges.
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"Improving the scope of the rights of foreigners in terms of the protection of migrants and their family members, refugees, asylum seekers, as well as the provision for the drafting of the integration program for foreigners", are the challenges in the implementation of the law according to Minister Çuçi .
The new law provides for the improvement of obtaining information, simplified procedures for obtaining a residence permit, as well as the institutional strengthening of the provision of services for immigrants, which will be complemented by the package of by-laws that will come into operation. and implementation of new legislation. For the first time, this law is giving the possibility of obtaining a residence permit to some new categories of foreigners that were not previously provided for in the previous legislation in the Republic of Albania.
From the amendment of the law "For foreigners" in the Republic of Albania, the beneficiaries are students from Kosovo and other Albanian territories. In Article 140 of the law regarding state fees for issuing visas, residence permits and unique permits, students from Kosovo and other Albanian territories are exempt from these fees. "Citizens of the Republic of Kosovo and ethnic Albanian citizens of the republics of Serbia, Montenegro and Macedonia, who stay in the Republic of Albania for study purposes, are exempt from the state fee for obtaining a residence permit," states Article 140 of the law. .
Residence permit fees in the Republic of Albania vary from 40-200 euros. So the fee for a 3-month residence permit is 40 euros, a 1-year residence permit is 80 euros, a 2-year residence permit is 120 euros, a 3-year residence permit is 160 euros, and a permanent residence permit is 200 euros. These fees do not include the value of the card, which is paid separately.
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Meanwhile, article 61 of the draft law regulates the unique permits of cross-border workers, which in this case also includes workers or companies from Kosovo working in border areas with Kosovo in Albania. "The foreigner from a country neighboring the Republic of Albania is provided with a unique permit for cross-border employment as an employee, employer or self-employed, in a geographical border area of the territory of the Republic of Albania, determined by bilateral agreements in force for cross-border traffic, with provided that he returns to his permanent residence every day or at least one day a week, maintaining his residence and residence in the country of origin. In the absence of bilateral or multilateral agreements, the foreign worker, who is provided with a unique permit as a cross-border worker, is subject to the local social protection legislation", states Article 61 of the law.
Also, beneficiaries are the categories of stateless persons, guaranteeing them standards for issuing residence permits, thus fulfilling the right to legal residence, in accordance with international conventions. Beneficiaries are also the category of mobile workers, or those who are called "digital nomads", who are foreign citizens who work remotely, where information technology tools are the main work tool. Providing them with a residence permit as a mobile worker will aim to attract them to Albania, taking into account the growing number of foreigners who work online, remotely, for companies based in other countries, as a dynamic of global development of employment, this was especially evident during the last 2 years of the pandemic. This serves not only the increase of local consumption, but also the attraction to Albania of employees with digital qualities, who by integrating them into society, we give an impetus to technological echo-systems and "start-ups" in the country. Another benefit category is the category of foreign retirees, who will certainly express their desire to live in Albania, ensuring the opportunity to apply for a residence permit for retirees, at the state authorities for migration, if they prefer Albania of course, as a destination to live. Also, another category is the category of foreigners who own real estate in the Republic of Albania, and of course a facility is offered to enjoy and dispose of the property. This is a growing category of foreigners, which until now has not been regulated by law, but which constitutes a serious investment in the real estate market. Beneficiaries are also the "au pairing" category, as it is called, which will create the opportunity for young foreigners who want to know the language and culture of Albania, staying temporarily in Albania, near an Albanian family.