Jan 23, 2012

Temporary residence right


Granting of the temporary residence right




The procedure of granting the temporary residence right is performed according to the article 31, 32 of the Law nr. 200 of 16.07.2010 on the regime for foreigners in the Republic of Moldova
- To be granted temporary residence right, the foreigner shall, at least 30 calendar days prior to the expiry of his stay period, submit an application for temporary residence right to the competent authority for foreigners ;
- The application shall be accompanied by the document in original and counterpart copy of the document allowing him to cross the state border, by the medical certificate showing he does not suffer from any disease that may endanger public health, by evidence of the fact that he owns a living space, holds a medical insurance and possesses means of support, criminal record from the country of origin and by other documents depending on the purpose for which the right of temporary residence in the Republic of Moldova is requested.
- Within 30 calendar days from submitting the application, the competent authority for foreigners shall issue a decision on granting or denying the temporary residence right. The decision shall be recorded in the Integrated Automated Migration and Asylum Information System. If the period of stay on the territory of the Republic of Moldova expires before the decision is adopted, the competent authority for foreigners shall issue to the foreigner a document certifying his status (certificate of confirmation).
- The temporary residence right may be granted depending on the reason for the request for a period of 5 years or for other different periods but in cases provided by law.
- The decision on denying a temporary residence right is adopted when:
a) the foreigner does not meet the conditions for entry into Republic of Moldova;
b) doesn’t possess a valid document for state border crossing recognized or accepted by the Republic of Moldova, unless otherwise provided by the international treaties the Republic of Moldova is a party to;
c) doesn’t possess a visa granted according to this law or, as applicable, a valid residence permit, unless otherwise provided by the international treaties the Republic of Moldova is a party to;
d) doesn’t present the documents justifying the purpose of their entry and confirming the availability of funds necessary both for their alimentation during the period of residence and for their return to the country of origin or transit to another state that shall admit them for certain;
e) are included in the category of foreigners whose entry into the Republic of Moldova is prohibited or who have been declared persona non grata;
f) represents danger to the national security, public order and health.
Granting a Temporary Residence Right to an Immigrant Worker
The procedure of granting the temporary residence right to an immigrant worker is established according to the article 31, 35 of the Law nr. 200 of 16.07.2010 on the regime for foreigners in the Republic of Moldova
- The temporary residence right is granted to an immigrant worker at the employer’s request and by decision of the authority on labour migration as provided by the applicable legislation, within the labour immigration quota annually determined by the Government.
L I S T
of documents required for granting the temporary stay right to immigrant workers (heads of the economic units, border workers, seasonal and detached workers)
1. Application of the immigrant worker;
2. Demarche (approach) of the company / organization / institution;
3. Passport of the foreigner's in original and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border (which confirms the date and place of the border crossings), and a copy of the long stay visa (for foreigners entering based on visas);
4. Copy of certificate of registration of the organization and the extract from the state Register of legal entities, individual entrepreneurs, legal units, religious cults Register and their component parts, associations, non-governmental or non-commercial, authenticated by stamp;
5. Copies of constituent documents of the company(registration certificate, statement from the State Register of enterprises and organizations, license on the type of activity);
6. Copy of the favourable note of the National Agency for Employment;
7. Individual labour contract for workers (except heads of economic units);
8. Documents confirming the activity of the company(certificate issued by the State Tax Inspectorate on lack of debts to the Government budget, a copy of financial report for the last reporting period);
9. Copy of studies or other evidence that confirms the qualification of the specialist invited to work, translated in the state language and legalized/apostil according to the legislation in force (except heads of economic units);
10. Evidence of living space (the owner's place agreement drawn up by the notary/tenancy/contract of sale (donation) of the home);
11. Criminal record from the country of origin legalized/apostil (as established), translated into state language and authenticated by a notary or consular;
12. Medical certificate showing that the foreigner does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV / AIDS, blood group);
13. Copy of the health insurance (medical insurance policy for at least 3 months);
14. Evidence of maintenance funds in the amount corresponding to the category of the right of residence requested;
15. 2 coloured photos, size 3x4.
* other measures as appropriate.
Extension of the Temporary Residence Right of an Immigrant Worker
The procedure of extending the temporary residence of an immigrant worker is established according to article. 36 Law nr. 200 of 16.07.2010 on the regime for foreigners in the Republic of Moldova.
- The immigrant worker’s temporary residence right may be extended at employer’s request and by decision of the authority on labour migration, if the stay purpose meets the conditions under which the right was granted.
L I S T
of documents required for extending the temporary residence right of the immigrant workers (heads of the economic units, border workers, seasonal and detached workers)
1. Application form of the immigrant worker;
2. Demarche (approach) of the company / organization / institution;
3. Passport of the foreigner's in original and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border (which confirms the date and place of the border crossings), and a copy of the long stay visa (for foreigners entering based on visas);
4. Copies of constituent documents of the company(registration certificate, statement from the State Register of enterprises and organizations, license on the type of activity);
5. Individual labour contract for workers (except heads of economic units);
6. Documents confirming the activity of the company(certificate issued by the State Tax Inspectorate on lack of debts to the Government budget, a copy of financial report for the last reporting period);
7. Evidence of living space (the owner's place agreement drawn up by the notary/tenancy/contract of sale (donation) of the home);
8. Medical certificate showing that the foreigner does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV / AIDS);
9. Copy of the health insurance;
10. Evidence of maintenance funds in the amount corresponding to the category of the right of residence requested;
11. 2 coloured photos, size 3x4.
* other measures as appropriate
Granting and Extending the Temporary Residence Right for Studies
The procedure of granting and extending the temporary residence right for studies is performed in accordance with article. 37 of the Law nr.200 of 16. 07. 2010 on the regime for foreigners in the Republic of Moldova.
- The temporary residence right for studies shall be granted and extended, as appropriate, upon the foreigner’s application based on a request by the educational institution, the document certifying his admission for studies, the confirmation of availability of means of support and resources necessary for studies in the country.
- The right of residence is granted and extended to foreigners who arrive in Republic of Moldova to study and receive scholarship of the Republic of Moldova under the conditions provided in paragraph (1), without confirmation of availability of means of support and resources necessary for studies.
- Under the conditions provided in paragraph (1) the temporary residence right shall be granted and extended on the basis of a long stay visa for the purpose of professional specialization, documentary internship or research in an educational institution.
- Foreigners admitted to study in public or accredited private educational institutions are granted with the temporary residence right for the entire period of studies.
L I S T
of documents required for granting the temporary residence right for studies
1. Application form;
2. Demarche(approach) of the educational institution;
3. Approval of the Ministry of Education, indicating the deadline for finishing the studies;
4. Passport of the foreigner's in original and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border (which confirms the date and place of the border crossings), and a copy of the long stay visa (for foreigners entering based on visas);
5. Extract from the order of matriculation;
6. Copy of the study contract;
7. Evidence of living space (the owner's place agreement drawn up by the notary/tenancy/contract of sale (donation) of the home, order placement in the dormitory(student’s hostel));
8. Criminal record from the country of origin legalized/apostil (as established), translated into state language and authenticated by a notary or consular, excepting minors under 16 years old;
9. Medical certificate showing that the foreigner does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV / AIDS);
10. Copy of the health insurance for foreigners (available for at least 3 months);
11. Evidence of maintenance funds in the amount corresponding to the category of the right of residence requested; excepting foreign scholars of the Republic of Moldova (in the latter case, proof of scholarship in the Republic of Moldova);
12. One coloured photo, size 3x4;
* other documents as appropriate (license on the type of activity, registration certificate, statement from the State Register of enterprises and organizations, for the institutions submitting the dossier for the first time.)
L I S T
of documents required for granting the extension of the temporary residence right for studies
1. Application form;
2. Demarche(approach) of the educational institution;
3. Approval of the Ministry of Education, indicating the deadline for finishing the studies;
4. Passport of the foreigner's in original and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border (which confirms the date and place of the border crossings), and a copy of the long stay visa (for foreigners entering based on visas);
5. Extract from the order of matriculation;
6. Copy of the study contract;
7. Evidence of living space (the owner's place agreement drawn up by the notary/tenancy/contract of sale (donation) of the home, order placement in the dormitory(student’s hostel));
8. Medical certificate showing that the foreigner does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV / AIDS);
9. Copy of the health insurance for foreigners (medical insurance policy);
10. Evidence of maintenance funds in the amount corresponding to the category of the right of residence requested; excepting foreign scholars of the Republic of Moldova (in the latter case, proof of scholarship in the Republic of Moldova);
11. Copy of the residence permit;
12. One coloured photo, size 3x4;
* other documents as appropriate (license on the type of activity, registration certificate, statement from the State Register of enterprises and organizations, for the institutions submitting the dossier for the first time.)
Granting and Extending the Temporary Residence Right for Family Reunification
The procedure of granting and extending the temporary residence right for family reunification is performed in accordance with article. 38 of the Law nr.200 of 16. 07. 2010 on the regime for foreigners in the Republic of Moldova.
- The temporary residence right may be granted to foreigners married to citizens of the Republic of Moldova residing in the Republic of Moldova or foreigners having the right of residence in the Republic of Moldova, provided that the marriage is not fictitious and was established according the legislation in force.
- Foreigners granted with temporary residence right, other than those who are granted with this right for study purpose, may request the competent authority for foreigners to grant the right for family reunification to their:
a) spouse(husband/wife);
b) minor, unmarried, children born either in or outside marriage, as well as those adopted by both or one of the spouses, and children entrusted to both or one of the spouses by decision of a competent authority of the state of origin, provided that these children are actually in the care of either spouse;
c) parents depending on the holder of the temporary residence right;
d) persons placed under tutorship or guardianship.
- The application form for family reunification is approved if the following conditions are met:
a) there is no polygamy;
b) the applicant has living space;
c) the applicant possesses means of support in the amount corresponding to the category of his residence right.
- In case there are doubts about family relationship(connection) the competent authority is able to request for evidence in order to establish the truth.
- Provisions of paragraph (3) letter b) and c) shall not apply to foreigners married to citizens of the Republic of Moldova or foreigners having the right of permanent residence on the territory thereof.
- The temporary residence right for family reunification is extended for each family member in part for the same period that the temporary residence right was granted to the foreigner staying in the Republic of Moldova, at his request, upon evidence of availability of means of support in the minimum amount of an average monthly salary in the national economy for each member of the family.
L I S T
of documents required for granting the temporary residence right for family reunification (for family members of foreigners with the residence right in Republic of Moldova)
1. Application form(signed by the applicant for family reunification and signed by his/her family member);
2. Passport of a family member in original and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border (which confirms the date and place of the border crossings), and a copy of the long stay visa (for foreigners entering based on visas);
3. The original marriage certificate (of the applicant) and the copy of it (if applicable, husband, wife) legalized/apostil (as established), translated into the state language and authenticated by a notary, consul;
4. Copy of birth certificates of children legalized/apostil, translated into state language , authenticated by a notary or consular and other documents confirming family relationship (if any);
5. Valid identity card in original and a photocopy of it, that belongs to the citizen of the Republic of Moldova, that proves legal staying on the territory of Republic of Moldova(residence permit or identity card for stateless persons);
6. Medical certificate showing that the applicant does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV/AIDS, blood group);
7. Evidence of living space (the owner's place agreement drawn up by the notary/tenancy/contract of sale (donation) of the home);
8. Criminal record from the country of origin legalized/apostil (as established), translated into state language and authenticated by a notary or consular, excepting minors under 16 years old;
9. Copy of the health insurance for family member of the applicant's valid for at least three months, excepting children;
10. Evidence of maintenance funds in the amount corresponding to the category of the right of residence requested(the evidence is provided by the person applying for family reunification);
11. 2 coloured photos, size 3x4;
*Other documents depending on case.
L I S T
of documents required for extension of the temporary residence right for family reunification (for family members of foreigners with the residence right in Republic of Moldova)
1. Application form(signed by the applicant for family reunification and signed by his/her family member);
2. Passport of a family member in original and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border (where changes have occurred in the document or marital status);
3. Residence permit in original and copy (of foreigner's family member's which detain the residence right in the Republic of Moldova);
4. The original marriage certificate (of the applicant) and the copy of it (if applicable, husband, wife) legalized/apostil (as established), translated into the state language and authenticated by a notary, consul(as appropriate wife/husband);
5. Valid identity card in original and a photocopy of it, that belongs to the foreigner that has the residence right in Republic of Moldova;
6. Evidence of living space (the owner's place agreement drawn up by the notary/tenancy/contract of sale (donation) of the home);
7. Medical certificate showing that the applicant does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV/AIDS);
8. Copy of the health insurance, excepting children;
9. Evidence of maintenance funds in the amount corresponding to the category of the right of residence requested(the evidence is provided by the person applying for family reunification);
10. 2 coloured photos, size 3x4;
*Other documents depending on case.
L I S T
of documents required for granting the temporary residence right for family reunification (for family members of the citizen of the Republic of Moldova)
1. Application form(signed by the family member of the citizen of the Republic of Moldova);
2. Passport in original of the member of the family and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border (which confirms the date and place of the border crossings), and a copy of the long stay visa (for foreigners entering based on visas);
3. The original marriage certificate and the copy of it (if applicable, husband, wife) entered in the Registry of Civil Status of the Republic of Moldova;
4. Copy of birth certificates of children entered in the Registry of Civil Status of the Republic of Moldova and other documents confirming family relationship (if any);
5. Valid identity card in original and a photocopy of it, that belongs to the citizen of Republic of Moldova;
6. Medical certificate showing that the applicant does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV/AIDS, blood group);
7. Criminal record from the country of origin legalized/apostil (as established), translated into state language and authenticated by a notary or consular, excepting minors under 16 years old;
8. Notary statement about living place;
9. Copy of the health insurance valid for at least three months, excepting children;
10. 2 coloured photos, size 3x4;
*Other documents depending on case.
L I S T
of documents required for extension of the temporary residence right for family reunification (for family members of the citizen of the Republic of Moldova)
1. Application form(signed by the family member of the citizen of the Republic of Moldova);
2. Passport in original of the member of the family and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border (which confirms the date and place of the border crossings), and a copy of the long stay visa (for foreigners entering based on visas);
3. The original marriage certificate and the copy of it (if applicable, husband, wife);
4. Valid identity card in original and a photocopy of it, that belongs to the citizen of Republic of Moldova;
5. Birth certificates of children in original and copy of it;
6. Medical certificate showing that the applicant does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV/AIDS,);
7. Copy of residence permit and immigration certificate;
8. Notary statement about living place;
9. Copy of the health insurance;
10. One coloured photo, size 3x4;
*Other documents depending on case.
Granting and Extending the Temporary Residence Right for Humanitarian or Religious Activities
The procedure of granting and extending the temporary residence right for humanitarian or religious activities is established according to article. 41 of the Law nr. 200 of 16. 07. 2010, on the regime for foreigners in the Republic of Moldova.
The temporary residence right for humanitarian or religious activities may be granted or extended, upon request, if the foreigner:
a) submits an extract from the Register of Religious Cults and their Components or the Register of non-profit organizations;
b) represents a religious cult recognized in Republic of Moldova or a humanitarian organization, as appropriate;
c) proves the availability of a living space and means of support in the amount corresponding to purpose for which he requests granting or extending the residence right;
d) is employed on the basis of a volunteer agreement or cooperation agreement.
L I S T
of documents required for granting the temporary residence right for humanitarian or religious activities
1. Application form;
2. Demarche(approach) of a public association or from the religious cult;
3. Passport in original of the member of the family and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border (which confirms the date and place of the border crossings), and a copy of the long stay visa (for foreigners entering based on visas);
4. Certificate of registration, the extract from the Register of Religious Cults and their Components or the Register of non-profit organizations;
5. Copy of the individual labour contract, agreement, voluntary agreement(if applicable);
6. Evidence of living space (the owner's place agreement drawn up by the notary/tenancy/contract of sale (donation) of the home);
7. Criminal record from the country of origin legalized/apostil (as established), translated into state language and authenticated by a notary or consular;
8. Medical certificate showing that the applicant does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV/AIDS, blood group);
9. Evidence of maintenance funds in the amount corresponding to the category of the right of residence requested;
10. One coloured photo, size 3x4;
*Other documents depending on case.
L I S T
of documents required for extension of the temporary residence right for humanitarian or religious activities
1. Application form;
2. Demarche(approach) of a public association or from the religious cult;
3. Passport in original of the member of the family and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border (which confirms the date and place of the border crossings), and a copy of the long stay visa (for foreigners entering based on visas);
4. Certificate of registration, the extract from the Register of Religious Cults and their Components or the Register of non-profit organizations;
5. Copy of the individual labour contract, agreement, voluntary agreement(if applicable);
6. Evidence of living space (the owner's place agreement drawn up by the notary/tenancy/contract of sale (donation) of the home);
7. Medical certificate showing that the applicant does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV/AIDS);
8. Copy of residence permit;
9. Medical insurance (copy of the medical insurance policy);
10. Evidence of maintenance funds in the amount corresponding to the category of the right of residence requested;
11. One coloured photo, size 3x4;
*Other documents depending on case.
Granting and Extending the Temporary Residence Right for Medical Treatment
The procedure of granting and extending the temporary residence right for medical treatment is established according to the article. 42 of the Law nr.200 of 16.07.2010 on the regime for foreigners in the Republic of Moldova.
The temporary residence right for long-term medical treatment, balneotherapy(spa treatment, balneosanatorial) or rehabilitation may be granted or extended for a foreigner receiving treatment in a public, departmental or private medical institution, if he submits:
a) the letter of acceptance from the respective institution, specifying the diagnosis and minimum period of treatment;
b) evidence of availability of means of support and treatment.
The right specified in paragraph (1) can also be granted to a possible companion assisting the foreigner unable to take care of himself if this is expressly mentioned in the letter of acceptance of the medical institution.
L I S T
of documents required for granting the temporary residence right for medical treatment
1. Application form;
2. The letter from the medical institution in which is specified the diagnosis and the minimum period of treatment;
3. Passport in original of the member of the family and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border (which confirms the date and place of the border crossings), and a copy of the long stay visa (for foreigners entering based on visas);
4. Confirmation from the medical institution regarding accommodation/housing insurance in required period;
5. Medical certificate showing that the foreigner does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV/AIDS, blood group);
6. Criminal record from the country of origin legalized/apostil (as established), translated into state language and authenticated by a notary or consular;
7. Medical insurance available at least for 3 months;
8. Evidence of maintenance funds in the amount corresponding to the category of the right of residence requested;
9. One coloured photo, size 3x4;
*Other documents depending on case.
L I S T
of documents required for extension of the temporary residence right for medical treatment
1. Application form;
2. The letter from the medical institution in which is specified the diagnosis and the minimum period of treatment;
3. Passport in original of the member of the family and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border which confirms the date and place of the border crossings, (where changes have occurred in the document or marital status);
4. Confirmation from the medical institution regarding accommodation/housing insurance in required period;
5. Medical certificate showing that the foreigner does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV/AIDS, blood group);
6. Evidence of maintenance funds in the amount corresponding to the category of the right of residence requested;
7. Copy of residence permit;
8. One coloured photo, size 3x4;
*Other documents depending on case.
Temporary Residence Right Granted to Family Members Independently
The procedure of granting the temporary residence right to family members independently is established according to the article. 39 of the Law nr.200 of 16.07.2010 on the regime for foreigners in the Republic of Moldova.
The temporary residence right may be independently extended for the foreigner detaining the right of family reunification in case when:
the person becomes an adult;
the person who requested a family reunification right died;
the marriage terminated by divorce or death.
To extend the right of residence, the applicant shall additionally submit the birth certificate, the death certificate, the divorce certificate or the court decision on dissolution of marriage, as applicable.
The residence right provided in paragraph (1) may be extended for a period of up to 6 months.
Any further extension of the residence right is granted only under the conditions and for purposes provided by this law.
L I S T
of documents required for extending of the temporary residence right for family members independently
1. Application form;
2. Passport in original of the member of the family and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border which confirms the date and place of the border crossings, (where changes have occurred in the document or marital status);
3. Birth certificate in original and a copy of it (in case of reaching majority), death, divorce or court decision on dissolution of marriage;
4. Evidence of living space (the owner's place agreement drawn up by the notary/tenancy/contract of sale (donation) of the home);
5. Medical certificate showing that the foreigner does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV/AIDS, blood group);
6. Copy of medical insurance policy;
7. Evidence of maintenance funds in the amount corresponding to the category of the right of residence requested;
8. One coloured photo, size 3x4;
*Other documents depending on case.
Granting and Extending the Temporary Residence Right in Other Cases
The procedure of granting and extending the temporary residence right in other cases is established according to the article. 43 of the Law nr.200 of 16. 07. 2010 on the regime for foreigners in the Republic of Moldova.
The temporary residence right may be granted or extended to a foreigner who is entitled to obtain the citizenship of the Republic of Moldova through recognition or re-acquirement (regaining).
The temporary residence right may also be granted or extended for other activities than those provided in this Chapter, which do not contradict the applicable legislation of the Republic of Moldova, if the foreigner submits justification of his presence on the territory of the Republic of Moldova.
L I S T
of documents required for granting/extending of the temporary residence right in other cases
1. Application form;
2. Passport in original of the member of the family and a copy of it authenticated by a notary, with corresponding entries applied by the control body of the state border (which confirms the date and place of the border crossings), and a copy of the long stay visa (for foreigners entering based on visas);
3. Medical certificate showing that the foreigner does not suffer from diseases that may endanger public health (medical certificate form and the certificate confirming the absence of HIV/AIDS, blood group);
4. Proof of right to obtain citizenship of the Republic of Moldova by recognition or regaining (if applicable);
5. Evidence justifying its presence in Moldova (where applicable);
6. Evidence of living space (the owner's place agreement drawn up by the notary/tenancy/contract of sale (donation) of the home);
7. Criminal record from the country of origin legalized/apostil (as established), translated into state language and authenticated by a notary or consular, excepting minors under 16 years old;
8. Copy of the health insurance valid for at least three months;
9. Evidence of maintenance funds in the amount corresponding to the category of the right of residence requested;
10. One coloured photo, size 3x4;
*Other documents depending on case.

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