Notable Changes in Regulations for Foreigners

Decision no. 857 “On the establishment and operation of the National Electronic Register for Foreigners in the Republic of Albania”

The Council of Ministers adopted Decision no. 857, dated 29.12.2021 “On the establishment and operation of the National Electronic Register for Foreigners in the Republic of Albania”.

The Decision introduces the National Electronic Register for Foreigners (NERF), which will comprise a state database on foreigners, who enter or intend to enter the Republic of Albania, with purpose of staying, transiting, being employed, studying and exiting the Republic of Albania.

NERF shall contain data on foreign nationals that:

  • Have an entry visa, stay or transit in the Republic of Albania;
  • Have a temporary or permanent residence permit;
  • Have a unique permit (residence and employment) in the Republic of Albania.

For this purpose, NERF will interact with the TIMS (Total Information Management System) and NRCS (National Register of Civil Status) registers, employment services system, e-visas and any other state register or agreed upon by international agreements.

The Decision also stipulates that the administration of the data in the register will be enabled by the structures responsible for information management and data protection in the General Directorate of State Police in cooperation with the National Agency of Information Society.

Border and immigration management structures as well as the structures responsible for consular affairs and employment will be able to collect, record, administer and consult data on foreigners in accordance with the terms and procedures set out in the law on foreigners and the applicable bylaws.

Users will also have the right to access and consult data of the register to the extent necessary to perform their duties. Considering the aforesaid, misuse of data and disclosure of information to unauthorized persons on their content will be subject to sanctions under the legal provisions in force for the protection of personal data.

 

Decision no. 858 “On determining the criteria, procedures and documentation on the entry, stay and treatment of foreigners in the Republic of Albania”

The Council of Ministers adopted Decision no. 858, dated 29.12.2021 “On determining the criteria, procedures and documentation on the entry, stay and treatment of foreigners in the Republic of Albania” (the “Decision”).

The Decision is part of the ongoing efforts to harmonize the domestic legal framework with the acquis communautaire. To this end, the Decision has been partially aligned with a set of Directives of the European Parliament and of the Council regarding conditions, opportunities, procedures on entry and residence of third-country nationals.

The Decision anticipates that border authorities have the right to request on a case-by-case basis from foreigners, the following documents:

  • invitation of the guarantor/inviter in Albania;
  • return ticket/reservation;
  • documents proving the accommodation;
  • employment authorization (if the entry in Albania is for employment purposes);
  • financial means (check, credit cards);
  • evidence of financial means such as bank account contract for the period of intended stay and return to the foreigner’s country of origin or the period when the foreigner shall stay in transit in a third country;
  • international vaccination certificate – on condition that the foreigner arrives from countries affected by epidemics or diseases, for which are required by Albanian legislation.

Further, the Decision comprises a detailed description of the criteria, baseline documentation and additional documentation necessary for the provision of:

  • Type “A”, “C”, “D” Visas and the respective subcategories;
  • Residence permits including temporary and permanent residence permits, residence permits for humanitarian cases of type “A”, unique permits and the pertinent subcategories.

The application for residence permits can be conducted online. In the same way, visa applications can be made online or in person at the consulate or in cases of bilateral or multilateral agreements with other countries, at the respective representative offices of these countries.

The application process consists of filling out the forms pursuant to the required category of visa or residence permit, which can be downloaded from the system free of charge. Following, the applicant must also submit the supporting documentation.

Finally, applications for residence permits for foreigners in Albania shall continue to be regulated based on the previous provisions of Decision of the Council of Ministers no. 513, dated 13.06.2013 “On determining the criteria, procedures and documentation on the entry, stay and treatment of foreigners in the Republic of Albania” until the establishment and operation of the electronic system for foreigners by the National Agency for Information Society.

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