Law on Migration (1999)

LAW

OF THE REPUBLIC OF TAJIKISTAN

ON MIGRATION

This law shall regulate social relations in the sphere of population migration, determine legal, economic and social grounds of migration processes, and regulate creation of necessary living conditions in a new place for individuals and their families returning to their historical motherland.

Article 1.  Main definitions used in the present Law.

The following basic definitions are used in this Law:

    migration – it is an irretrievable, temporary or seasonal movement of natural persons to and from the Republic of Tajikistan, as well as movements of natural persons within the Republic of Tajikistan because of changing a place of residence or work;

    labor migration – migration of physical persons from one country to another with the purpose to find a job.

    Internal migration - an permanent  (orig.- irretrievable), temporary or seasonal displacement of natural persons within the Republic of Tajikistan;

    Immigrant - a foreigner or a stateless person arrived to the RT for permanent or temporary residence;

    Immigration – arrival of foreigners or  stateless persons to the RT for permanent or temporary residence;

    family migration – arrival of a group of relatives into the Republic of Tajikistan for temporary or permanent residence;

    collective immigration - organized resettlement of foreigners or stateless persons into the Republic of Tajikistan;

    illegal immigrants - foreigners or stateless persons arrived to the Republic of Tajikistan  on their own, without a permission of an authorized organ, or those who have received such permission by fraud, as well as those, who have entered the territory of the RT on the basis of a relevant permission, but have not left the country after the expiration of tenure;

    re-settlers - people who have left the country of their permanent residence on their own and arrived to the territory of the RT for permanent residence:

        1. With a purpose to reunite with their families living on the territory of the Republic of Tajikistan;

        2. With a purpose to return to the former place of residence;

        3. With a purpose to return to their historical motherland (repatriates);

        4. Because of getting married to a person who is a citizen of the Republic of Tajikistan.

    Forced re-settlers – citizens of the RT, who have forcedly left their permanent place of residence, and now are staying on the territory of another state because of violence or persecution committed against them; or because of the real danger to undergo the persecution not only against themselves, but also against members of their families in regard to race, nationality, religion, language, political credo, belonging to a definite social group; and also if there is any connection between the commitment of violence or persecution, and the real danger to undergo persecution in armed and international conflicts;

    temporary place of resettlers’ residence - an inhabited locality on the territory of the Republic of Tajikistan that was determined by  the central executive body upon agreement with local executive and other competent bodies, where living quarters, suitable for accommodation and temporary stay of repatriates, re-emigrants, forced re-settlers and refugees, are located;

    repatriation  -  return of prisoners of war, displaced persons, refugees and emigrants to their homeland;

    repatriates -  natural persons returning  under the repatriation;

    emigration – irretrievable or temporary leaving of natural persons  the RT to other countries;

    re-emigrants - natural persons returning to their homeland after having spent some time in emigration;

    emigrants – natural persons being in  emigration;

    ecological migrants - people forced to leave their houses because of ecological disasters.

Article 2. Basic principles of the regulation of Migration

Migration is based on the following principles:

    ensuring of human right for the free choice of place of residence, freedom of labor, free choice of activity or profession, freedom for exit, freedom of movement;

    inadmissibility of any discrimination in regard to origin, social, official or property status, sex, race, nationality, language, religion, political credo, education, social or material status;

    participation of relevant state organs in the organization of the work on regulating migration processes;

    personal participation of migrants in getting settled on the new place of residence, with addressed support of the government of the initiatives and independent activity of each person, first of all of resettlers from zones of ecological and natural disasters;

    to prohibit deportation or forced return of migrants to the countries they have come from;

    cooperation with other countries.

Article 3. Legislation of the RT about migration

Legislation of the RT is based on the Constitution of the RT and consists of this law, of other laws of the RT and other international treaties, recognized by the RT

Article 4. Migration Subjects

Persons legally arriving from other states into the Republic of Tajikistan for permanent residence for a period of over six months shall acquire the status of immigrants.

Persons legally going out of the Republic of Tajikistan to other states for permanent residence for a period of over six months shall acquire the status of emigrants (except of employees of Embassies and Representations of the Republic of Tajikistan to foreign countries, as well as persons temporarily working abroad, servicemen on apeace-making or peace-keeping missions, persons taking medical treatment, students, tourists or persons  on  business trips).

Persons forcedly resettled within the Republic of Tajikistan for a period of over six months shall acquire the status of internal migrants.

A person, committed crime against peace, against humanity can not be recognized as immigrant or re-emigrant.  

Article 5. Order of implementation of internal migration and ecological migrants.

The Government of the RT determines the order of implementation of internal migration and ecological migrants.

Article 6. The authorized unit for the management of migration processes in the RT.

The state unit authorized by the Government of the RT (further-authorized organ) carries out the management of migration processes in the RT.

The Government of the RT approves regulations for the authorized unit. 

Article 7. Authorities of the authorized unit.

The authorized unit has the following authorities:

    1. To coordinate the work on migration processes in the RT;

    2. To issue foreigners and stateless persons relevant permission(licenses) for the labor activity;

    3. To analyze and make prognoses about migration processes in the country and to inform the Government of the RT and other local organs of executive power about them.

    4. To submit proposals on forming of migration quota for the consideration of the Government of the RT;

    5. To organize resettlement, reception and settling down of repatriates, re-emigrants and forced migrants within the limits of approved quota;

    6. To implement registration of arrived repatriates, re-emigrants and forced migrants;

    7. To accept written applications of persons, wishing to receive political asylum in the RT and process necessary documents.

The authorized unit implements other powers, determined by this Law and other laws of the RT.

Article 8. The order of implementation of the labor migration

The order of implementation of labor migration of foreigners and stateless persons on the territory of the RT and of the RT citizens abroad is determined by the Government of the RT.  

Article 9. Establishment of Immigration Quota

The President of the Republic of Tajikistan shall assign, upon recommendation of the Government of the Republic of Tajikistan, the immigration quota for each calendar year.

Article 10. Rights and Obligations of Immigrants

A person recognized as immigrant and received a residential permit enjoys in the Republic of Tajikistan all rights and freedoms, and also equally with the citizens of the Republic of Tajikistan, undertakes all obligations stipulated by laws or international treaties of the Republic of Tajikistan.

Article 11. Persons without Immigrant Status

The immigrant status shall not be provided to foreigners and stateless persons staying in the Republic of Tajikistan, if they are:

    - on military service in military units located on the territory of the Republic of Tajikistan;

    - members of diplomatic missions or international organizations;

    - on study or on practical training of the Republic of Tajikistan;

    - implement their labor activity in accordance with international treaties;

    - tourists, people on business trip, temporary labor migrants (including sportsmen, sport teams, actors), passing by transit, tradesmen, depositors-investors;

    - representatives of foreign media, radio or television accredited to the Republic of Tajikistan;

    - implement their professional activity in religious associations, officially registered in the Republic of Tajikistan;

    - have come to the Republic of Tajikistan on a charity  or humanitarian mission;

    - crewmembers of sea and river ships, of air, railway and automobile transport.

The legal status of people indicated in part 1 of this article shall be determined by the legislation of the Republic of Tajikistan and by international treaties of the Republic of Tajikistan.

Article 12.  Procedure for applying and consideration of applications of a person about recognizing him immigrant, re-settler.

Application for being recognized immigrant, re-settlers is submitted personally or through an authorized representative, to the Diplomatic mission of the Republic of Tajikistan abroad or to the authorized unit.

The authorized unit shall consider the application about recognition a person as immigrant, re-settler and take a decision on it in accordance with the fixed immigration quota, within two months from the date of registration of the application.

If a person is officially recognized as immigrant, re-settler, organs of internal affairs shall issue him or her a document of the established pattern – residential permit in the Republic of Tajikistan in 15-days period after application.

The document identifying the immigrant’s residential permit shall provide a basis for his or her employment and registration in the organs of internal affairs, and – in cases stipulated in the legislation and in other normative legal acts – shall enable the immigrant to receive allowances and other kinds of support.

The authorized unit and its relevant regional structures are obliged to familiarize a person having received the immigrant’s status with his or her rights and duties ensuing from this Law, set up conditions for realization of them and take control over their implementation.

Article 13. Rights and duties of persons applying for being recognized as immigrants and re-settlers.

After registration of the application about recognition as an immigrant or re-settler, the person, who has submitted the application and is staying on the territory of the RT, receives an assignment to the temporary place of residence of immigrants and re-settlers, that can be to a place chosen by him/her, but obligatorily coordinated with the relevant service-body of the authorized unit.

Until the issue about being recognized as an immigrant or a re-settler is decided, the person who has submitted an application and is staying on the territory of the RT, during the period of application consideration, enjoys rights and undertakes responsibilities, stipulated by laws of the RT for foreigners and stateless persons.

In case of refusal to be recognized as an immigrant or a re-settler, the applicant is delivered a written notification in 30-days period from the time of making the decision. If the indicated person is outside the RT, then the written notification is sent to him with the indication of reasons, and with the right to appeal the accepted decision.

Decisions about refusal in recognition of a person as an immigrant or re-settler, may be appealed in the higher authorized organs or in the legal form within one month after receiving the written notification. After taking legal effect, the decision about refusal in recognition of a person as an immigrant or re-settler is also sent to the relevant organ of Inferior with the purpose to arrange the departure of a person, who has received the refusal, from the territory of the RT.  

Article 14. Rights and duties of people applied for being recognized as repatriates, forced migrants and re-emigrants.

Until the issue about being recognized as a repatriate, forced migrant or re-emigrant is decided, the person who has submitted an application and is staying on the territory of the RT, during the period of application consideration, enjoys rights and undertakes responsibilities, stipulated by laws of the RT for foreigners and stateless persons.

For persons who have applied for being recognized as repatriates, forced migrants or re-emigrants, conditions for living in places of temporary residence of migrants and the order of payment of expenses for public utilities, medical assistance, providing of other facilities and compensations is determined by the Government of the RT.

A person who has applied for being recognized as a repatriate, forced migrant or a re-emigrant and staying on the territory of the RT is obliged:

    - after receiving a warrant to the temporary place of migrants, to go there within the period of one month, and if the place of residence has been chosen by him/her, it is necessary to agree it with the relevant department of the authorized unit dealing with management of migration processes;

    - to observe the established order for living in the place of temporary residence of migrants;

    - to undergo the medical examination upon the demand of health-care organs, to receive vaccination, treatment and to carry out prescriptions of health-care organs; 

    - to submit information necessary for the consideration of the mentioned application to the relevant departments of the authorized organ on migration process management.

Article 15. Order for recognizing people as repatriates, forced migrants or re-emigrants.

Decision about recognition of a person as repatriate, forced migrant or re-emigrant shall be made by relevant territorial branches of the authorized unit within 30 days from the day of registration of application about being recognized as a repatriate, forced migrant or  re-emigrant.

A person recognized as repatriate, forced migrant or re-emigrant is given a relevant certificate.

In case of refusal to be recognized as a repatriate, forced migrant or re-emigrant, the applied person is delivered a written notification within 30 days after the decision is made. If the indicated person is outside the RT, then a written notification is sent to him with the indication of reasons of refusal and wth a right to appeal the accepted decision.

Decisions about refusal in recognition of a person as a repatriate, forced migrant or re-emigrant may be appealed in the higher authorized organs or in the legal form within one month after receiving the written notification.

After taking legal effect, the decision about refusal in recognition of a person as a repatriate, forced migrant or re-emigrant  is also sent to the relevant organ of Inferior with the purpose to arrange the departure of a person, who has received the refusal, from the territory of the RT.  

Article 16. Family Immigration

The following people are considered to be members of immigrant’s family: his or her spouse, their parents and dependent children, including adopted children, as well as under-age brothers and sisters who have no parents or guardians, and also other disabled relatives dependant on him/her and whom he/she had to support  at the former place of residence.

Moving of children under 18 into the RT is decided by the consent of their parents and foster parents (trustees or guardians). At the same time for children in the age of 14 till 18, their consent certified by the notary office should be submitted.

Article 17. The collective (group) immigration.

The group immigration is implemented in accordance with the resolution of the government of the RT about organized re-settlement of people who express their wish to return in an organized way to their historical motherland.

Article 18. The order of entrance of immigrants to the republic of Tajikistan.

The order of registration of entrance of immigrants to the territory of the RT is determined by the government of the RT.

Article 19. Reasons for refusal to foreigners or stateless persons to enter the RT.

Entering the Republic of Tajikistan may be prohibited to a foreigner or to a stateless person in the following cases:

    1. if he/she had committed a crime against peace and security of the humanity.

    2. If he/sht kindles inter-state and international enmity;

    3. If he/she consciously  speaks against sovereignty and independence of the RT;

    4. if he/she was convicted for terrorist activity or has convictions for previously committed grave or especially grave crime.

    5. If he/she in the time of submitting application about entering gave false information about himself/herself or has not presented necessary documents

    6. If he/she has been previously deported from the RT

    7. If in time of his/her previous stay in the RT there were revealed facts of infringements of law and normative-legal acts of the RT by him/her;

    8. If it is necessary for the protection of rights and legal interests of the citizens of the RT.

Article 20.  Documents for the right of permanent residence of foreigners and stateless citizens in the RT.

Divisions of the Interior Ministry provide the residential permit (document) of foreign citizens in the RT to foreigners and stateless persons, who have received the permission of the authorized unit for permanent residence in the RT and to stateless persons – a certificate of a stateless person. Samples of this document are determined by the Government of the RT.

Article 21. Reasons for the refusal in giving  residential permit in the RT and certificate of a stateless person.

It may be refused to give  residential permit in the RT and certificate of a stateless person to the following people:

    1. illegal immigrants,

    2. people released from prisons, whose permanent place of residence before committing a crime was outside the RT

    3. to persons who have committed a crime against humanity

    4. to persons having a disease which may cause  epidemics on the territory of the RT

    5. to people, who have infringed the legislation about legal status of foreigners in the RT on the grounds of motivated resolution of the authorized units, divisions of Interior Ministry and the Ministry of Security of the RT in the order fixed by the Government of the RT.

Refusal in giving residential permit for a foreigner and a certificate of a stateless person may be appealed in the higher authorized organ or in the court.

Article 22. Repatriates.

The status of repatriate is given to the category of persons of native nationality (in the Russian version – коренная национальность) , who have become victims of mass political repression as well as to their relatives and descendants.

The following people are considered relatives and descendants of repatriates:

    - children (including adopted ones), spouse of the repatriate;

    - brothers and sisters of the repatriate

    - grandchildren and great-grandchildren of the repatriate

    - families established by adult children, grandchildren and great grandchildren of the repatriate.

The resolution about recognition of a person as a repatriate is accepted by the authorized unit within  30 days after the day of registration of the application about recognizing a person as a repatriate.

Article 23. Privileges and compensations provided to repatriates.

The state creates privileged conditions for repatriation of natural persons to their historical motherland, their settlement, adaptation and provides:

    1. free-of-charge trip and delivery of the property to the temporary place of residence of migrants, or to the permanent place of residence;

    2. state protection of  money transfer to the RT and right of inheritance;

    3. rendering assistance in finding a job, receiving an allowance on unemployment in  case  it is impossible to get a job, irrespective of the time of residence in the RT;

    4. pensions and allowances in accordance with the legislation of the RT;

    5. one-time allowances, plots and privileged long-term loans for the construction of housing and establishment of holdings in the order determined by the Government of the RT;

    6. other privileges in accordance with the legislation of Tajikistan.

Article 24. The order of registration and financing of the departure of emigrants.

The order of registration of the emigrants’ departure is determined by the Government of the RT.

Covering the expenses connected with the departure of citizens from the RT to other states for  permanent  residence is done on the account of the emigrants own means, and it may also be covered from other sources if it does not contradict the legislation of the RT.

Citizens of the RT going out from the RT to other states for  permanent of residence have the right to take out property belonging them and the members of their families on the right of ownership in accordance with the legislation of the RT.

Taking objects of cultural, historical or other value to a state outside the RT is regulated by relevant legislation of the RT and by international treaties.

Article 25. Reasons for refusal in departure from the RT.

The citizen of the RT may be prohibited to leave the RT in case  he/she:

    1. owns information which is a state secret or other secret protected by law;

    2. apprehended on suspicion in having committed a crime or is called to responsibility as accused, up to the moment of pronouncement of the  resolution on this case or until sentence of the court comes into legal effect;

    3. condemned for committing a crime – until serving the punishment;

    4. is on a military service for a fixed period – until completion of this service;

    5. has provided  false information about  himself/herself in the time of registration of documents for the departure from the RT -  until the resolution of this issue, but not later  than in one month by the unit registrating these documents.

    6. Avoids of fulfillment of duties imposed upon him by the court – until fulfilling these duties;

    7. If a civil suit is prosecuted against him – until completion of proceedings.

Article 26. Responsibility for illegal entrance of foreigners and stateless persons into the territory of the RT and illegal exit  from the RT.

Responsibility for illegal entrance of foreigners and stateless persons to  the territory of the RT or for illegal exit of the citizens of the RT from the RT is determined by the legislation of the RT.

Article 27. Responsibility for the infringement of this law.

For the infringement of this law the accused persons are called to the responsibility in accordance with the legislation of the RT.

The President of the Republic of Tajikistan

E. Rahmonov.

Dushanbe, December, 11 1999 #881