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THE LAW ON LEGAL STATUS OF ALIENS IN THE REPUBLIC OF ARMENIA

Adopted on 17 June 1994

 

CHAPTER I. GENERAL PROVISIONS

Article 1. The tasks of the Law "On legal status of aliens in the Republic of Armenia

The present Law based on generally recognized principles and standards of international law, shall establish the procedure for entry to the Republic of Armenia, residence, movement, transit, exit of an alien, receipt of a residence permit, as well as his rights and obligations in the Republic of Armenia.

Article 2. Principles of legal status of aliens

A person who does not have citizenship of the Republic of Armenia and who has citizenship of another state shall be qualified as an alien in the Republic of Armenia.

An alien in the Republic of Armenia shall enjoy the rights and freedoms established by the standards of international law and legislation of the Republic of Armenia.

An alien in the Republic of Armenia shall be obliged to observe the laws of the Republic of Armenia, to respect national customs and traditions of its people.

Article 3. Legislation on legal status of aliens

The legal status of an alien in the Republic of Armenia shall be governed by the present Law as well as by other legislative acts of the Republic of Armenia on legal status of an alien.

Where international treaties of the Republic of Armenia have established other standards than those contained in the present Law, the standards of the international treaty shall be applied.

Article 4. Stateless persons

The provisions of the present Law shall be also applied to stateless persons in the Republic of Armenia unless the legislation of the Republic of Armenia provides for otherwise.

CHAPTER II.

ENTRY OF ALIENS TO THE REPUBLIC OF ARMENIA AND THEIR EXIT FROM THE REPUBLIC OF ARMENIA

Article 5. Entry of aliens to the Republic of Armenia

An alien may enter the Republic of Armenia on the grounds of an entry visa issued by relevant bodies of the Ministry of foreign affairs of the Republic of Armenia, and at the border points of the Republic of Armenia - by relevant bodies of the Ministry of internal affairs of the Republic of Armenia or in the manner established by international treaties of the Republic of Armenia.

The entry to the Republic of Armenia and exit from the Republic of Armenia of an alien having a residence permit in the Republic of Armenia, shall be governed in the manner established by the present Law.

Article 6. Procedure for receipt of entry visa to the Republic of Armenia

In order to receive an entry visa to the Republic of Armenia an alien shall fill in the form in the manner established by the Government and shall submit other necessary documents.

Article 7. Types and periods of validity of entry visas

An alien entering the Republic of Armenia shall be issued the following entry visas:

a) a transit entry visa - for a period up to three days;

b) a tourist entry visa - for a period up to 21 days;

c) a long-term entry visa - for a period up to three months;

d) a diplomatic entry visa.

Article 8. Procedure for extension of entry visa

The diplomatic and tourist entry visas shall be issued for single entry and the transit and long-term entry visas - also for multiple entry.

The period of validity of an entry visa to the Republic of Armenia of an alien may be extended not more than two times - by one third of the period of validity of the entry visa in each case.

The period of validity of an entry visa to the territory of the Republic of Armenia shall be extended by relevant bodies of the Ministry of internal affairs of the Republic of Armenia, and outside the Republic of Armenia - by relevant bodies of the Ministry of foreign affairs of the Republic of Armenia.

Article 9. Refusal of an entry visa

An alien may be refused to issue an entry visa to the Republic of Armenia, and the applicant shall be informed about that.

Article 10. Procedure for issuance of an entry visa

An entry visa shall be registered in the internationally recognized document identifying the personality of an alien or shall be attached to the document.

Article 11. Levy for an entry visa

For issuance an entry visa an alien shall be levied in the manner and in the amount established by the legislation of the Republic of Armenia.

Article 12. Procedure for entry of aliens to the Republic of Armenia

An alien entering the Republic of Armenia shall be obliged to present at the border point of the Republic of Armenia the entry visa, the internationally recognized document identifying the personality, to fill in the declaration in the manner established by the Government of the Republic of Armenia.

Article 13. Obligations of aliens at the border points of the Republic of Armenia

An alien at the border point of the Republic of Armenia shall be obliged to fulfill the customs requirements established by the legislation of the Republic of Armenia.

Article 14. Procedure for receipt of documents replacing the official documents

In case of loss or damage of the entry visa, internationally recognized documents identifying the personality or other official documents, the alien shall be obliged to immediately inform about that the relevant bodies of internal affairs of the Republic of Armenia which shall within two days issue to the alien a document replacing the lost or damaged one.

Article 15. Exit of aliens from the Republic of Armenia

An alien may exit from the Republic of Armenia on the grounds of the internationally recognized document identifying the personality or a document, replacing it, issued by relevant bodies of internal affairs of the Republic of Armenia.

The exit of an alien from the Republic of Armenia may be prohibited:

a) if criminal proceedings have been instituted against him - until the termination of such criminal proceedings;

b) if he has been convicted - until the sentence has been served or lifted;

c) if there is a court sentence or decision in regard to him - until the court sentence or decision has been executed or lifted.

Article 16. Procedure for registration of aliens

The registration at the place of residence of an alien in the Republic of Armenia shall be made by the bodies of the Ministry of internal affairs on the grounds of documents confirming his right to reside in the Republic and to have a dwelling.

The registration of an alien staying at the hotel, rest house, sanitarium or tourist or other camps shall be made by the aforementioned institutions in the manner established by the Ministry of internal affairs of the Republic of Armenia.

An alien shall be levied for registration in the manner and in the amount established by the legislation of the Republic of Armenia.

Article 17. Levy for movement of an alien

When entering the Republic of Armenia and when departing from the Republic of Armenia aliens shall be levied for movement in the manner established by the legislation of the Republic of Armenia.

CHAPTER III.

RESIDENCE PERMITS OF ALIENS IN THE REPUBLIC OF ARMENIA, PROCEDURE FOR THEIR RECEIPT, RIGHTS AND OBLIGATIONS OF ALIENS

Article 18. Residence permits of aliens

The Republic of Armenia shall establish four types of residence permit of aliens: a temporary, ordinary, special and particular permit.

An alien in the Republic of Armenia may not have more than one residence permit at the same time.

Article 19. A temporary residence permit

The temporary residence permit shall be granted to the aliens who have come to the Republic of Armenia on contractual basis or for private reasons; to the foreign students studying in the state, religious educational institutions of the Republic of Armenia; to the persons having the refugee status as well as to foreign journalists, researchers and persons invited to public or religious service.

The temporary residence permit may be also granted to persons seeking asylum owing to the unstable political situation, whose right to freedom of movement in the Republic may be restricted by a decision of the Ministry of internal affairs. These persons shall be exempted from paying the entry visa levy.

The temporary residence permit shall be granted for a period of up to one year, and may be extended every time for a period of not more than one year.

Article 20. An ordinary residence permit

The ordinary residence permit may be granted to every alien who has filed the application.

The ordinary residence permit may be granted as a matter of priority to the alien:

a) who legally resided in the Republic of Armenia more than three years;

b) who is a former citizen of the Republic of Armenia or who is an immediate relative (wife, husband, child, father, mother, sister, brother) of a citizen of the Republic of Armenia;

c) who graduated from a state or licensed private higher education institution in the Republic of Armenia;

d) who has the refugee status.

The ordinary residence permit shall be granted for a period of up to three years and may be extended.

Article 21. A special residence permit

The special residence permit shall be granted to aliens of Armenian origin.

The special residence permit may be also granted to other aliens engaged in economic, cultural activities in the Republic of Armenia.

The special residence permit shall be granted for ten years. It may be granted more than once.

Article 22. A particular residence permit

The particular residence permit shall be granted to the aliens who are officials of diplomatic and consular missions of foreign states in the Republic of Armenia, to their family members, for a period of their service.

The particular residence permit may be also granted to the international organization employees who are foreign citizens.

Article 23. Procedure for receipt of temporary and ordinary residence permits

The temporary and ordinary residence permits and the documents certifying them shall be legalized by the Ministry of internal affairs of the Republic of Armenia in the manner established by the Government of the Republic of Armenia.

The Ministry of internal affairs shall inform the applicant about its decision within a month in written form.

In case of denial of the application the applicant may appeal against the decision to the Prime Minister of the Republic of Armenia. The appeal shall be examined within a month and shall be replied in written form.

An alien may re-apply for the temporary or ordinary residence permits in a year after the denial of his previous application.

Article 24. Procedure for receipt of a special residence permit

Aliens wishing to receive the special residence permit shall submit to diplomatic or consular missions of the Republic of Armenia abroad and in the Republic of Armenia - to the Ministry of internal affairs, the application addressed to the President of the Republic of Armenia, shall fill in the form in the established manner and shall present the necessary documents.

An alien who has got the special residence permit, shall be issued a special passport of the Republic of Armenia by the diplomatic or consular missions of the Republic of Armenia abroad and in the Republic of Armenia - by the Ministry of internal affairs. For the issuance of the special passport of the Republic of Armenia the alien shall be levied in the amount established by the Government of the Republic of Armenia.

An alien may re-apply for the special residence permit in a year after the denial of his previous application.

Article 25. Rights and obligations of aliens in the Republic of Armenia

An alien in the Republic of Armenia shall have the right to freedom of thought, expression, conscience and religion - in accordance with the legislation of the Republic of Armenia.

An alien in the Republic of Armenia shall have the right to preserve his national language, culture and traditions.

An alien in the Republic of Armenia shall not have the suffrage, he may not be a member of any public and political organization of the Republic of Armenia, he may not be elected or nominated to such posts or be engaged in such activity that, in accordance with the legislation of the Republic of Armenia, provide for the availability of citizenship of the Republic of Armenia.

An alien shall have the right to the protection of the law against the unlawful interference with the private and family life, to the remedy from the infringement of the security of person and home, of secrecy of correspondence, of honor and dignity, of life and health, of personal freedom and property equally with a citizen of the Republic of Armenia.

An alien shall have the right, in the manner established by the legislation of the Republic of Armenia, to property, labor and private business activities.

An alien in the Republic of Armenia may contract a marriage or dissolve a marriage in the manner established by the legislation of the Republic of Armenia, he shall have in family relations the same rights and obligations as a citizen of the Republic of Armenia.

An alien in the Republic of Armenia shall pay taxes, duties and shall make other obligatory payments in the manner established by the legislation of the Republic of Armenia.

An alien in the Republic of Armenia shall not be obliged to serve in the military forces of the Republic of Armenia.

For protection of his rights, an alien shall enjoy all the guarantees established for the exercise of rights of a citizen of the Republic of Armenia.

When arresting, taking into custody, instituting criminal proceedings against an alien or prohibiting his exit from the Republic of Armenia, the relevant officials shall be obliged not later than within 24 hours to inform about that a mission of the state protecting the alien's interests, and in case of refugees - the United Nations High Commissioner for Refugees.

An alien shall be obliged not later than at expiration of the entry visa to the Republic of Armenia or of the residence permit, to quit the Republic of Armenia.

The enjoyment by an alien of his rights and freedoms must not damage the rights and freedoms of citizens of the Republic of Armenia, other persons, public order, general well-being, security of the Republic of Armenia.

CHAPTER IV.

LEGAL STATUS OF ALIENS HAVING A RESIDENCE PERMIT IN THE REPUBLIC OF ARMENIA

Article 26. Rights and obligations of aliens having a residence permit

An alien having a residence permit in the Republic of Armenia, equally with a citizen of the Republic of Armenia shall have the right to inherit, to devise or to donate his property, to avail himself of insurance, funeral or other services, to be a member of charity, cultural, trade-union, sport and other public organizations, without the right to hold posts in their governing bodies unless it contradicts the statutes of these organizations.

An alien having a residence permit may be a member of international organizations functioning in the Republic of Armenia.

A residence permit shall grant an alien the right to enter the Republic of Armenia and to exit from the Republic of Armenia.

An alien having a temporary, ordinary or special residence permit shall have the right to invite his immediate relatives to the Republic of Armenia. The issuance of the invitation documents shall be levied in the amount established by the legislation of the Republic of Armenia.

The right of an alien having a particular residence permit, to invite other persons to the Republic of Armenia shall be governed by international treaties.

Article 27. Rights and obligations of aliens having a temporary residence permit

An alien having a temporary residence permit shall be granted the right to labor in the Republic of Armenia in the manner established by the Government of the Republic of Armenia.

The entry to the Republic of Armenia and exit from the Republic of Armenia of an alien having a temporary residence permit, shall not be limited. At each entry he shall be levied for the entry visa at border points of the Republic of Armenia.

An alien student shall be exempted from the entry visa levy.

The right of an alien student to travel abroad shall be regulated by the term established by the educational institution.

An alien having a temporary residence permit, during a period of his stay may once bring in one automobile for personal use.

An alien having a temporary residence permit, shall not have the right to alter or to change the purpose of his stay without a permission of the Ministry of internal affairs of the Republic of Armenia.

An alien having a temporary residence permit, shall legalize his financial, economic, trade deals in the manner, established by the legislation of the Republic of Armenia.

Article 28. Rights and obligations of aliens having an ordinary residence permit

An alien having an ordinary residence permit in the Republic of Armenia shall have the right to labor, social security, he may be engaged in private business activity, avail himself of insurance services.

An alien having an ordinary residence permit shall work in the Republic of Armenia on contractual basis. A copy of a labor contract of an alien shall be submitted to the relevant bodies of the Ministry of internal affairs of the Republic of Armenia.

The period of work of an alien shall expire simultaneously with the expiration of the period of residence.

An alien within three months from the date of granting an ordinary residence permit, may without tax bring in the Republic of Armenia the personal belongings, one automobile for personal use, household belongings. Where an alien brings in the other property of his own, he shall pay the customs duty in the manner, established by the legislation.

An alien having an ordinary residence permit shall once a year come for the registration, he may not be absent from the Republic of Armenia more than six months during a year, unless he has preliminarily got a written consent of the Ministry of internal affairs of the Republic of Armenia - provided that this absence does not exceed an uninterrupted one-year period, that he makes a year payment established by the legislation of the Republic of Armenia.

An alien having an ordinary residence permit who has resided in the Republic of Armenia for three years, may apply for citizenship of the Republic. In this case the period of his residence permit validity shall be extended by one year during which he may not be absent from the Republic of Armenia without a written permission of the Ministry of internal affairs.

Article 29. Rights and obligations of aliens having a special residence permit

An alien having a special residence permit, shall have in the Republic of Armenia the right to labor, may be engaged in private business activity in the manner established for aliens having an ordinary residence permit.

He shall be exempted from the entry visa levy.

A person having a special residence permit, shall once a year come for the registration to diplomatic or consular mission of the Republic of Armenia abroad, and on the territory of the Republic of Armenia - to the relevant body of the Ministry of internal affairs of the Republic of Armenia.

Article 30. Rights and obligations of aliens having a particular residence permit

The rights and obligations of an alien having a particular residence permit, shall be established by international treaties of the Republic of Armenia, the legislation of the Republic of Armenia, the decrees by the President of the Republic of Armenia and resolutions of the Government of the Republic of Armenia.

An alien having a particular residence permit shall have the right to security of person in accordance with the international treaties and legislation of the Republic of Armenia.

CHAPTER V.

RESPONSIBILITY OF ALIENS IN THE REPUBLIC OF ARMENIA, PROCEDURE FOR EVICTION OF ALIENS FROM THE REPUBLIC OF ARMENIA

Article 31. Responsibility of aliens in the Republic of Armenia

An alien in the Republic of Armenia shall bear responsibility before the law equally with a citizen of the Republic of Armenia, save the cases established by the international treaties of the Republic of Armenia and by the legislation of the Republic of Armenia.

In cases of violation of the established procedure for staying in the Republic of Armenia, of residence without documents certifying the residence permit or with invalid documents, of violation of the established procedure for the registration, of a failure to exit from the Republic of Armenia at the expiration of the residence permit or entry visa, non-compliance with the customs rules, an alien shall be called to account in accordance with the legislation of the Republic of Armenia.

Article 32. Administrative eviction of aliens from the Republic of Armenia

An alien may be administratively evicted from the Republic of Armenia if his activity threatens the national security of the Republic of Armenia, public order, morals, rights and freedoms of citizens, as well as in other cases established by the legislation of the Republic of Armenia.

Article 33. Procedure for administrative eviction of aliens from the Republic of Armenia

A decision on administrative eviction of an alien, save the aliens having a particular residence permit, shall be taken by the Minister of internal affairs of the Republic of Armenia on the grounds of the findings of the committee, established by him. A representative of the state protecting the alien's interests shall be entitled to be present at the meetings of the committee.

A decision on administrative eviction of an alien having a particular residence permit shall be taken by the Minister of foreign affairs of the Republic of Armenia in the manner established by the Government of the Republic of Armenia.

A decision on administrative eviction may be within seven days appealed against to the Prime Minister of the Republic of Armenia by the alien to be evicted or by a representative of the state protecting his interests.

The Prime Minister of the Republic of Armenia shall inform the plaintiff about his decision within a month.

The administratively evicted alien may return only by a permission of the Minister of internal affairs, and the alien having a particular residence permit - by a permission of the Minister of foreign affairs of the Republic of Armenia.

Article 34. Eviction of aliens by a court decision

An alien shall be evicted from the Republic of Armenia in cases established by the legislation of the Republic of Armenia. As an additional punishment, a court of the Republic of Armenia may sentence an alien to eviction from the Republic of Armenia. If the period of imprisonment does not exceed two years it may be replaced by the eviction from the Republic of Armenia.

The President of the Republic of Armenia may wholly or partly replace the imprisonment of an alien sentenced by the court of the Republic of Armenia by his eviction from the Republic of Armenia.

Within ten days the court, via the Ministry of foreign affairs of the Republic of Armenia, shall inform a mission of the state protecting the alien's interests about the eviction of the alien.

Article 35. Extradition of aliens in accordance with the agreement on exchange of criminals

An alien in the Republic of Armenia who is charged with committing a crime on the territory of any state and whose extradition is required by that state or by an international organization, shall be extradited to the requiring Party in the manner established by the international treaties of the Republic of Armenia.

Approved by Decree No 459 of the Government of Armenia, September 28, 1994