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A draft issued for consultation regarding the decision of the Council of Ministers "On the determination of the criteria, procedures and documentation for the entry, stay and treatment of foreigners in the Republic of Albania", as amended, has brought a series of changes. Thus, first of all, it aims to unify the procedures for applying for a visa or residence permit by enabling it online, something that is seen as a facilitation.
"These changes aim to increase transparency, avoid ambiguities and reduce the administrative burden for the entities that apply. To apply for a visa, the foreign citizen applies online while being outside the territory of the Republic of Albania in the electronic visa system or appears in person at the Diplomatic Mission or Consular Post," the draft act states.
The report also highlights that a new legal provision has been added, according to which third-country nationals who are in possession of a valid multiple-entry visa or a valid residence permit, issued by a member state of the European Union, are exempt from the obligation to obtain a visa for entry and stay in the territory of the Republic of Albania, for a period of up to 90 days within 180 days, for purposes equivalent to those of the "C" type visa, provided for in the Law on Foreigners. This provision aims to facilitate legal movement and harmonize practices with European standards. Category C is that of tourist visas.
Within the basic documentation required for all categories of applicants for visa issuance, the submission of a residence permit for over 12 months, issued by the country where the applicant has legal residence, with a validity of no less than 3 months beyond the term of the requested visa, has been added as a requirement.
The report highlights that improvements and clarifications have been made within the framework of the “D” type visa categories and the single permit for citizens subject to the visa regime, with the aim of increasing the clarity, completeness and effectiveness of the application procedures. In this regard, the general documentation required for these categories has been reviewed and updated, ensuring a more unified and standardized treatment of applications.
"An important innovation of the draft act is the addition of a special category of additional documentation for the "D" type visa for domestic workers (D/PSH), which clearly defines the conditions, criteria and documents necessary for this category of applicants, in order to formalize employment relationships and protect their rights.
Additionally, additional documentation has been added for the “D” type visa for athletes (D/SP), specifically the document that certifies the registration of the foreign citizen with the relevant sports federation in the country of origin. This provision further clarifies the category of athletes entering the country for this purpose and helps prevent misuse of this visa category,” the report states.
For study visas, the need for a financial guarantee in the amount equivalent to 300 thousand lek has been sanctioned.
Another element is that of adding evidence of criminality.
"The proposed changes address the issues identified during the practical implementation of the procedures and aim to strengthen legal certainty, both for applicants and for the competent authorities. In this context, the submission of a certificate of judicial status (proof of criminal record) has been added as a general requirement, which must be issued no earlier than 6 months from the date of application.
"This requirement applies to all categories of residence permits, with the exception of applicants under the age of 16 and over the age of 75, respecting the principle of proportionality and taking into account vulnerable categories. This provision aims to increase the level of integrity and security verification, in accordance with national and international standards," the report states.
The same, regarding the additional documentation for the unique permit as a seasonal worker, has added the requirement to present a document certifying that the foreigner meets the conditions set out in the relevant legislation, in cases where the activity to be exercised is included in the category of regulated professions. This documentation may include diplomas, professional certificates or references, and aims to guarantee the legal and qualitative exercise of the profession.
"An important innovation of the draft act is the definition of additional documentation for the unique permit as a domestic worker, a new category integrated in June into the law "On Foreigners". This definition aims to formalize this employment category and protect the rights of employees.
In parallel, the documentation required for the renewal of the temporary residence permit of type "B" has been improved, clarifying the criteria and procedures, in order to ensure a more efficient and transparent administrative process.
"The draft act specifies the documentation required for issuing a residence permit for investors, aiming to eliminate existing uncertainties and ensure a clear and predictable process for this category of applicants, in order to encourage foreign investments," the report states./Monitor
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