of July 16, 2010 No. 200
About regime of foreigners in the Republic of Moldova
Considering need of establishment of the legal base of immigration and free movement of foreigners in the territory of the Republic of Moldova, providing the complete, single and permanent mechanism of regulation of the mode of stay of foreigners on its territories, applications of the single procedure of their documentation and adoption of the new regulatory base according to the European Union law, based on Item r) parts (3) article 72 of the Constitution of the Republic of Moldova the Parliament adopts this organic law.
This law regulates entry into the Republic of Moldova and departure from the Republic of Moldova of foreigners, provision and prolongation of the right of stay, their repatriation and documentation, establishes enforcement measures in case of non-compliance with the mode of stay and special measures on accounting of immigration according to the obligations undertaken by the Republic of Moldova according to international treaties, one of the parties of which it is.
(1) Provisions of this law, except for Chapters III, are not applied to the following categories of foreigners:
a) members of the diplomatic representations and consular establishments accredited in the Republic of Moldova, the international organizations and also members of their families which status is regulated by international treaties one of the parties of which is the Republic of Moldova, or in other procedure established by the current legislation;
b) representatives of other states and persons accompanying them, members of the official delegations invited by Parliament, the President of the Republic of Moldova, the Government and other bodies of the central public management.
(2) This law is not applied, except as specified, when return of foreigners from the territory of the Republic of Moldova is required for reasons of homeland security or public order:
a) to foreigners whose mode of stay is regulated by the Law on shelter in the Republic of Moldova No. 270-XVI of December 18, 2008;
b) to the foreign armed forces accompanying them to civil forming and staff of foreign special anti-terrorist forming and also to the representatives of foreign and international specialized agencies performing collateral actions in the territory of the country based on international treaties, one of the parties of which is the Republic of Moldova.
In this law the following basic concepts are used in value:
the foreigner - person who has no nationality of the Republic of Moldova or is person without citizenship;
the stateless person - person who is not considered by the citizen any state owing to its law;
the unaccompanied minor - the foreigner aged up to 18 years which arrives to the territory of the Republic of Moldova without the adult who is responsible for him according to the law or the legal act until he is really not given to care of such person; this concept designates also the minor who was left without maintenance after its arrival on the territory of the Republic of Moldova;
competent authority for foreigners - administrative authority in subordination of the Ministry of Internal Affairs which provides realization of provisions of this law public the politician, performs powers in the field of integration of foreigners, readmission according to bilateral agreements, provisions of shelter, and also other powers established by regulations and international treaties which party is the Republic of Moldova;
the invitation - the official document issued by competent authority for foreigners based on the statement of the physical person having permanent or the temporary residence in the Republic of Moldova, or the legal entity according to the procedure, provided by this law, and being one of conditions of receipt of a visa of the Republic of Moldova certain categories of foreigners;
the visa - the permission issued according to this law, granting to foreigners the right to entrance or transit on the territories of the Republic of Moldova, and also the stay right to its territories during fixed term with observance of the purpose for which the visa was issued;
the electronic visa – the electronic permission representing set of the graphical signs and digital codes assigned for the applicant in confirmation of the issue of visa granting to foreigners the right to entrance or transit on the territories of the Republic of Moldova, and also the stay right to its territories during fixed term with observance of the purpose for which the visa was issued;
the carrier agent - physical person or legal entity, authorized to perform motor, rail or airborne international deliveries of passengers;
the right to stay - the right provided to the foreigner according to this law competent authority for foreigners to determine the location or the residence in the territory of the Republic of Moldova;
type on the residence/identity certificate for stateless persons - the identification document confirming legitimacy of stay in the territory of the Republic of Moldova;
illegal stay - presence in the territory of the Republic of Moldova the foreigner who does not correspond or does not answer conditions of entrance, stay or stay in the Republic of Moldova any more;
The integrated Migration and Shelter system automated information - the information system of accounting of foreigners, and also managements of migratory processes in the territory of the Republic of Moldova which is component of the State register of the population;
entrance prohibition – the decision of competent authority for foreigners forbidding entrance, stay and stay during the certain period in the territory of the Republic of Moldova or, on circumstances, the decision of Boundary police concerning the foreigner who crosses frontier of the Republic of Moldova after its stay became illegal and to whom the measure for return from the territory of the country was not applied;
return - process of return of the foreigner by voluntary or forced execution of the decision on return to country of source, the transit country according to agreements on readmission or the third country to which he voluntarily decided to return and in which it will be accepted;
the decision on return - the administrative act of competent authority for foreigners to whom stay of the foreigner is established as illegal and to whom he shall leave the territory of the Republic of Moldova at the scheduled time;
removal - execution of the decision on return of the foreigner, i.e. its physical movement out of limits of the territory of the Republic of Moldova;
capture on the state content - measure for restriction of freedom of travel;
repatriation - voluntary return home persons who were born in the Republic of Moldova and their descendants according to the law;
confirmation about repatriation - the official document issued by competent authority for foreigners according to this law, confirming the right to repatriation;
disciplinary violation – form of non-compliance with the Center of temporary accommodation of foreigners by foreigners of regulations, orders of its personnel, data on duty, or form of manifestation of individual or group violence;
the conclusion on reunion of family – the document issued by competent authority for foreigners according to the petition of the citizens of the Republic of Moldova living in the Republic of Moldova, or the foreigners having the right to stay in the Republic of Moldova according to this law, and being one of conditions of receipt of a visa on long-term stay for the purpose of reunion of family of the applicant of the conclusion;
the integration center – subordinated to competent authority for foreigners the specialized center representing the separate service intended for implementation of measures for integration, consultation, informing and assistance to foreigners;
the certificate of confirmation of the applicant of the status of the stateless person – the document issued by competent authority for foreigners in the Republic of Moldova to the applicant of the status of the stateless person, identifying this applicant and confirming its residence in the territory of the Republic of Moldova;
person who was earlier petitioning for provision of shelter – the foreigner petitioning for provision of shelter concerning whom the decision on variation of the statement for provision of shelter which took legal effect is passed also is not available other legal basis of its stay in the country;
the electronic invitation – the electronic document created, structured, processed, stored and transmitted by means of the computer, other electronic devices or technical means and programs, signed by the digital signature according to the current legislation, which is one of conditions for obtaining by certain categories of foreigners of the visa of the Republic of Moldova;
voluntary return – obligation fulfillment on return in time, established for this purpose in the decision on return;
reunion of family – entrance and stay in the territory of the Republic of Moldova members of the family of the foreigner who is legally staying in the territory of the Republic of Moldova or family of the citizen of the Republic of Moldova for the purpose of preserving integrity of family, irrespective of date of establishment of the family relations;
risk of evasion – availability of the certain motives proving the assumption in specific case that the foreigner, being subject of the procedure of removal, can evade from it;
the document on trip for the foreigners illegally staying in the territory of the Republic of Moldova – the document, valid for one trip, issued by competent authority for foreigners according to the law to the foreigners who do not have the valid travel document and obliged to leave the territory of the Republic of Moldova;
persons who are on business visit, – physical persons – citizens of the European Union or other states which list is approved by the Government, the holding executive positions in foreign legal entities of member states of the European Union or other states which list is approved by the Government which are authorized to initiate dialogue, to study opportunities, to perform necessary actions for creation by parent society of branches, representations or legal entities in the territory of the Republic of Moldova and which do not provide and do not render services, do not participate in other economic activity, except necessary for creation of commercial society, and do not earn reward from the source located in the territory of the Republic of Moldova;
persons which are temporarily translated by the foreign legal entity from the member state of the European Union or other states which list is approved by the Government – physical persons – citizens of the European Union or other states which list is approved by the Government, working in the foreign legal entity of the member state of the European Union or other states which list is approved by the Government, or being partners or members of the specified legal entity at least one year, temporarily transferred to the branch, representation or the legal entity created by parent society in the territory of the Republic of Moldova. Persons which are temporarily translated within the same legal entity are:
the translated persons holding executive positions, – physical persons – citizens of the European Union or other states which list is approved by the Government, the holding executive positions within the foreign legal entity with the location in one of member states of the European Union or other states which list is approved by the Government which first of all manage the corresponding legal entity, being under general supervision or management of administrative board, shareholders of the legal entity or persons holding equivalent positions and which:
a) provide management of the legal entity or his department or division;
b) exercise the supervision and control of activities of other personnel, performing supervising, specialized or leading functions;
c) have powers personally to perform employment and dismissal of personnel, to make recommendations about hiring and dismissal of personnel or take other measures concerning personnel;
persons holding executive positions within the legal entity performing activities in the field of information technologies, - the foreigners who are engaged in permanent or temporary management of the legal entity - the resident of the information and technological park, with the status of the managing director, member of steering committee, the CEO or director, and registered in the public register, and also the founders/unitholders, members of council of society working within the legal entity - the resident of the information and technological park and the executive positions holding in it;
specialists – physical persons – citizens of the European Union or other states which list is approved by the Government, working for the foreign legal entity with the location in one of member states of the European Union or other states which list is approved by the Government, and owning the special skills necessary in the field of production of the research equipment, the technician, processes, procedures or for management of the corresponding legal entity. In case of assessment of such skills are considered as special knowledge, and high skill level, necessary for activities of the legal entity, possession of which is obligatory for certain type of the professional or business activity requiring special technical knowledge including belonging to accredited profession;
specialists in the field of information technologies are the foreigners having the special competences essential to development and production of technologies, the technician, processes, procedures or for management in the field of information technologies, and performing types of activity, the stipulated in Article 8 Laws on information and technological parks No. 77/2016;
trainees graduates of institutions of higher education – physical persons – citizens of the European Union or other states which list is approved by the Government, working in the foreign legal entity of the member state of the European Union or other states which list is approved by the Government, at least one year, having the university diploma, temporarily transferred to the branch, representation or the legal entity created by parent society in the territory of the Republic of Moldova for the purpose of their professional development or technical training;
sales professionals – physical persons – citizens of the European Union or other states which list is approved by the Government, representatives of service provider or goods of the member state of the European Union or other states which list is approved by the Government, authorized to conduct negotiations on sale of services or goods or on the conclusion of sales agreements of services or goods in the Republic of Moldova. Sales professionals are not engaged in direct sales for the general public, do not earn reward from the source located in the territory of the Republic of Moldova, and also are not brokers;
suppliers of contractual services – physical persons – citizens of the European Union or other states which list is approved by the Government, working in the legal entity of the member state of the European Union or other states which list is approved by the Government which is not employment agency and is not effective through such agency does not own branch, representation or the legal entity in the territory of the Republic of Moldova and which concluded the service provision agreement which accomplishment requires temporary presence of his workers in the territory of the Republic of Moldova with the final consumer living in the Republic of Moldova;
independent specialists – physical persons – citizens of the European Union or other states which list is approved by the Government the services providing rendering determined as persons performing independent activities in the territory of any member state of the European Union or other states which list is approved by the Government not owning in the territory of the Republic of Moldova the legal entity and which concluded the service provision agreement with the final consumer living in the Republic of Moldova (other, than through employment agency) whose accomplishment requires their temporary presence in the territory of the Republic of Moldova;
confirmation of the right of stay in the territory of the Republic of Moldova – the document issued by competent authority for foreigners, granting to certain categories of foreigners the right to stay in the territory of the Republic of Moldova on the aggregate term exceeding 90 days;
the beneficiary applicant - the company, organization or the organization with the status of the legal entity irrespective of type of property and form of business, including representation of foreign subjects or the physical person who hires foreigners or uses foreign labor power;
the right to stay - the right, according to the procedure of exception and according to provisions of this law the temporary stay provided to the foreigner and allowing it in the territory of the Republic of Moldova without possession of the residence permit for the cumulative term exceeding 90 calendar days, but no more than one calendar year;
labor migration - voluntary arrival of foreigners on the Republic territory - Moldova for implementation of labor activity;
the worker immigrant - the foreigner having the right to perform labor activity in the territory of the Republic of Moldova according to provisions of the Labor code;
the recalled worker - the skilled foreigner officially working at the company with the location in the territory of other state, who is temporarily recalled based on the service provision agreement and/or performance of works or the document on sending out on business to the beneficiary applicant from the Republic of Moldova for implementation of activities according to the agreement or the document on sending out on business;
the seasonal worker occupied in agricultural works - the foreigner working in the territory of the Republic of Moldova based on the individual employment contract signed for certain term directly between the foreigner and the beneficiary applicant for accomplishment of certain activities which implementation depends on change of seasons;
the border worker - the citizen of the state, adjacent with the Republic of Moldova, working in the settlements located in border zone in the territory of the Republic of Moldova, returning daily or, at least, once a week to the territory of the state in which he constantly lives and which citizen is;
the highly-skilled employee - the foreigner who has skills, special and important for production and researches, in the relation the technician, processes, procedures or enterprise management. In case of assessment of these skills are considered as the special skills necessary for implementation of activities of the company, and possession of qualification of high level for the certain work type or certain activities requiring special technical knowledge including belonging to accredited specialty;
the decision on provision of the right to temporary or permanent stay - the official document issued to foreigners by competent authority of the power according to this law, confirming the right to temporary or permanent stay in the territory of the Republic of Moldova;
persons holding executive positions - the foreigners holding the positions provided by the compound groups 112-143, specified in the Qualifier of occupations of the Republic of Moldova.
Voided according to the Law of the Republic of Moldova of 03.11.2016 No. 244
(1) are provided to Foreigners who were granted the right to stay in the Republic of Moldova by means of the central industry and local authorities of public management of condition for integration in economic, social and cultural life of the country.
(1-1) For simplification of process of integration of foreigners and ensuring coordination at the territorial level the competent authority for foreigners creates the integration centers. The methodology of activities of the integration centers affirms the Government.
(2) Foreigners have access to measures for integration according to provisions of the Law on integration of foreigners in the Republic of Moldova No. 274/2011.
(3) the Central industry and local authorities of public management interact according to the powers with the national and international organizations for the purpose of implementation of programs for integration of foreigners in society, and also on identification and attraction of necessary financial resources.
(1) Entrance on the territory of the Republic of Moldova is allowed to foreigners if they meet the following conditions:
a) have the valid travel documents approved or recognized by the Republic of Moldova if international treaties which party it is, do not provide other;
b) have the visa issued according to this law or, on circumstances, the valid residence permit or the identity certificate for refugees or receivers of humanitarian protection, or confirmation of the right of stay in the territory of the Republic of Moldova if international treaties, one of the parties of which is the Republic of Moldova, other is not provided;
c) submit the documents proving the entrance purpose, and also proofs of availability of appropriate means both on content during stay and for return to country of source or for transit to other country in the presence of guarantee of permission of entrance for its territory;
d) represent guarantees of permission of entrance for the territory of the country of appointment or departure from the territory of the Republic of Moldova - for the foreigners passing en route;
e) do not belong to the category of foreigners to whom entry into the Republic of Moldova according to Article 9 is forbidden or who are declared undesirable persons according to Article 55;
f) do not pose threat of homeland security, to public order and public health;
g) the personal mark for the purpose of not permission of entry into the Republic of Moldova is not brought.
(2) Entrance of foreigners on the territory of the Republic of Moldova can be made through any check point through frontier, open for the international message.
(3) Crossing of frontier of the Republic of Moldova by foreigners can be performed also through other places according to provisions of international treaties, one of the parties of which is the Republic of Moldova.
(4) To foreigners who stop in zones of the international transit of the airports in zones of transit of frontier or in the centers of placement with the mode of the transit area or in the small courts moored in river ports, provisions of this law on conditions of entrance and stay of foreigners in the territory of the Republic of Moldova are not applied.
(To 4-1) Foreigners who are seamen and crew members of ocean and river crafts, moving for the purpose of landing to the vessel entrance, stay and transit through the territory of the Republic of Moldova in the range of time, necessary for landing to the vessel, without observance of the other conditions of entrance provided by this law is allowed if it is shown that the vessel by which the foreigner shall rise is on the parking in the port of the Republic of Moldova or will be on the parking while the foreigner arrives to the relevant port and that the foreigner undertook to rise by the vessel as the seaman or the member of its crew. The entry visa is provided on condition of availability at the foreigner of the valid national passport and the identity certificate of the seaman.
(5) the Foreigners who are living legally in the Republic of Moldova and temporarily leaving its territory have the right to the return entrance without receipt of a visa to entrance departure on all effective period of the residence permit.
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