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LAW ON FOREIGNERS

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II. 2 TEMPORARY RESIDENCE PERMIT FOR DIFFERENT PURPOSES

k) Temporary residence permit for humanitarian reasons

Article 80

Temporary residence permit for humanitarian reasons can be issued as an exception to a foreigner who does not fulfill the requirements for issue of a temporary residence permit determined by this Law in the following cases: - if there are grounds for suspicion that he/she is a victim of the criminal act “human trafficking” determined in the Criminal Code, - if the foreigner is under 18 years of age, and is left unaccompanied by a parent or guardian, - if he/she is a person with no citizenship, or - other well-founded reasons of humanitarian nature. The permit referred to in paragraph 1 lines 2, 3 and 4 of this Article shall be issued for a period of up to one year and can be extended provided that the humanitarian reasons still exist.

I.1. TEMPORARY RESIDENCE PERMIT OF VICTIMS OF HUMAN TRAFFICKING

Period of making a decision

Article 81

In case of suspicion that a foreigner is a victim of the criminal act “human trafficking” determined in the Criminal Code, the period of making a decision shall last up to two months so as to provide him/her protection and assistance in the recovery and to avoid the influence of the perpetrators of the criminal act “human trafficking”. Within this period of making a decision, the foreigner who is a victim of the human trafficking is to decide on either to co-operate with the competent bodies in detection of crimes and perpetrators or to return to the country whose citizen or legal resident he/she is.

The foreigner referred to in paragraph 1 of this Article during the period of making a decision shall be accommodated in a separate room in the Reception Center for Foreigners of the Ministry of the Interior.

In the case when minors under age of 18 are victims of human trafficking, in view of the best interest of the minors, the period referred to in paragraph 1 of this Article can be extended.

The victims of human trafficking referred to in paragraph 3 of this Article during the period of making a decision shall be accommodated in a separate room in the Reception Center for Foreigners of the Ministry of the Interior.

During the period referred to in paragraphs 1 and 3 of this Article, the foreigner cannot be expelled from the Republic of Macedonia. The period referred to in paragraph 1 of this Article can be interrupted, if:

The Ministry of the Interior shall bring a decision on interruption of the period for making a decision against which the foreigner has a right to lodge a complaint to the State Commission for Decisionmaking in Administrative Procedure and Labor Relations Procedure in Second Instance within eight days as of the day of the receipt of the decision.

The decision of the State Commission for Decision-making in Administrative Procedure and Labor Relations Procedure in Second Instance shall be brought within 30 days as of the day of lodging the complaint.

An administrative dispute can be initiated with a competent court, in accordance with the Law on Administrative Disputes, against the decision of the State Commission for Decision-making in Administrative Procedure and Labor Relations Procedure in Second Instance.

Costs incurred in the period of making a decision

Article 81-a

The costs incurred in accommodating the foreigner who is a victim of human trafficking in the Reception Center of the Ministry of the Interior in the period of making a decision shall be charged against the Budget of the Republic of Macedonia.

Requirements for issue of a temporary residence permit and duration

Article 82

After the expiry of the period of making a decision referred to in Article 81 of this Law or earlier if the competent bodies estimate that the foreigner shows a clear intention to co-operate, the foreigner who is a victim of human trafficking can be issued a temporary residence permit, provided that:

The permit referred to in paragraph 1 of this Article shall be issued for a period of up to six months and it shall be extended provided that the requirements determined in paragraph 1 of this Article are met.

Deprivation of the right to temporary residence

Article 83

The victims of human trafficking can be deprived of the right to temporary residence if the requirements for temporary residence determined in Article 82 of this Law are no longer met, and especially if:

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VI. ILLEGAL STAY

Article 100

A foreigner is deemed to illegally stay in the Republic of Macedonia, if:

The provision referred to in paragraph 1 line 1 of this Article shall not apply to a foreigner for whom there is a grounded suspicion to be a victim of a criminal act “human trafficking” in case the unauthorized entry is a consequence of the criminal act “human trafficking”.

The provision referred to in paragraph 1 line 1 of this Article shall not apply to a foreigner who has applied for recognition of the right to asylum in accordance with the Law on Asylum and Temporary Protection.

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