Law of the Republic of Tajikistan on Migration

Law of the Republic of Tajikistan on Migration, No. 881

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 abroad is the voluntary legal travel of citizens abroad, who permanently live within the territory of the Republic of Tajikistan and also travel of foreign citizens and people, who haven’t a citizenship and who are permanently living beyond the territory of the Republic of Tajikistan, to the territory of the Republic of Tajikistan for doing a paid work according to the labor agreement;

–          the frontier labor migration is the everyday and or once a week travel of citizens of the Republic of Tajikistan to the territory of frontier state and the everyday and or once a week travel of frontier state’s citizens to the territory of the Republic of Tajikistan with the aim of being occupied with paid work according to the labor agreement, with the condition of permanent residence within the territory of the abandoned state;

–          the migrant worker is a person who doesn’t permanently live within the state where he works, who is not the citizen of that state, was working, is working or will work for the paid labor;

–          frontier worker is the migrant worker, who keeps his usual place of residence in the neighboring state and working or will work for the paid labor;

–          the abandoned state is the state in which the migrant worker permanently lives and for being occupied with the paid work goes to another country;

–          the state of the place of work is the state in which the migrant worker was busy, is busy and or will be busy with the paid labor activity.

–          internal migration – an 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 a 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 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:

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

o        With a purpose to return to the former place of residence;

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

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

–          forced re-settlers – persons-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 his family in regards 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 out from the RT to other countries;

–          re-emigrants – natural persons returning to their homeland after spending 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 regards 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 on the 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 on a period of over six months shall acquire the status of emigrants (except of employees of Embassies and Representation of the Republic of Tajikistan to foreign countries, as well as persons temporarily working abroad, servicemen on a peace-making or peace-keeping mission, persons taking medical treatment, students, tourists or persons being on a business trip).

 

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 world, 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 organ on the management of migration processes in the RT.

 

The state organ 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 about authorized organ.

 

Article 7. Authorities of the authorized organ.

 

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

 

Article 8. Sending of migrant worker to work abroad

 

The state facilitates, that migrant workers – citizens of the Republic of Tajikistan should be sent in an organized manner and according to their agreement only to those countries, where their rights is defended.

 

The guarantee for the defense of migrant workers’ rights abroad may be the following cases:

 

–        the existence of labor and social legislature with the purpose of defending the rights of migrant workers in a state where they work

–        the participation of state of the place of work in international agreements, declaration and resolutions, which have a connection with the defense of migrant workers’ rights

–        the existence of bilateral or multilateral agreements with the state of the place of work with the Republic of Tajikistan on concerning the defense of migrant workers’ rights by the state of the place of work.

 

Article 8(1). Order of sending and attracting the manpower

 

The accomplishment of activities on providing citizens of the Republic of Tajikistan with the place of work abroad by the management subjects of the Republic of Tajikistan and attracting foreign manpower to the Republic of Tajikistan on the basis of license given by the plenipotentiary officials of the Republic of Tajikistan is hold according to the arranged order of the Government of the Republic of Tajikistan.

 

Article 8(2). The order of migrant workers’ travel.

 

Citizens of the Republic of Tajikistan, who go abroad for doing a paid work, must have a labor contract signed by employer, passport for traveling abroad, which is legalized according to the arranged order of home affairs’ officials and in necessary case, should have a visa of diplomatic representatives or consular office of state employer.

 

Order of attracting the migrant workers, age requirements and other requirements to them is arranged according to the laws of state of the place of work and international agreements of the Republic of Tajikistan.

 

Migrant workers come to work in the Republic of Tajikistan according to the visa arranged by diplomatic representatives or consular offices of the Republic of Tajikistan.

 

In case of presenting the documents, certifying the reasons of not using it (illness, emergency cases and other reasons) and preserving the place of work, the visa is prolonged according to the labor contract signed between employer and plenipotentiary officials of the Republic of Tajikistan. The order of prolongation of visa is determined by the Ministry of foreign affairs of the Republic of Tajikistan.

 

According to the arranged order of home affairs’ office migrant workers came to the Republic of Tajikistan should be registered in the temporary place of residence on the basis of written presentation of plenipotentiary offices.

 

Migrant workers and members of their family have a right to leave and come back to the Republic of Tajikistan freely.

 

When the date of labor agreements is expired, migrant workers and members of their families are obliged to leave the state of the place of work.

 

Article 8(3). Labor agreement

 

Labor relation between migrant workers and employer should be legalized by means of labor agreement and should comprise the following information:

 

–        the duration of it’s activity, character and the place of paid work, the condition of labor and the order of giving a salary, including the night-time, working in rest-days and holidays;

–        the measure of bonuses, additional payments and preserving a certain amount of money out of salary;

–        rights, obligation and responsibilities of both side, the order and condition of cancel and prolongation of labor agreements;

–        the organization of changing the place, provision with foods, residence, medical service for migrant workers and members of their family;

–        order and conditions of social insurance of migrant worker;

–        order of compensating the damages caused to the health of migrant worker during his activities paid work and other social guarantees.

 

The employer of the Republic of Tajikistan is obliged to register the signed labor agreement in the regional office for migration.

 

A copy of labor agreement should be given to migrant worker before his depart for the state of the place of work .

 

Article 9. The arrangement of quotas for foreign migration and attraction of foreign manpower.

 

Quotas of foreign migration and attraction of foreign manpower for the Republic of Tajikistan for the period of every calendar year is arranged by the President of the Republic of Tajikistan according to the offer of Government of the Republic of Tajikistan.

 

Article 9(1). Statistical account and information about migration

 

In order to appraise the condition of labor migration abroad and migration itself, the state statistical account is arranged.

 

Along with the concerned state offices the plenipotentiary office have a free of charge exchange of account documents and other information necessary for implementing their activity.

 

The plenipotentiary office provides the publication of statistical accounts and information materials about the condition of labor migration abroad and migration, demand and supply of labor migration abroad, the possibilities of providing with work, measures of choosing professions and crafts.

 

Article 9(2). The transfer of monetary funds

 

According to the legislature of the Republic of Tajikistan and international agreements of the Republic of Tajikistan, those migrant workers, who are busy with the paid work within the territory of the Republic of Tajikistan can transfer their earned and surplus money to the territory of a state left by them.

 

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’s Status

 

The immigrant’s 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 organ.

 

The authorized organ shall consider the application about recognition a person as immigrant, re-settler and takes 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 organ and its relevant regional structures are obliged to familiarize a person 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, as well as to the place chosen on his own, but obligatorily coordinated with the relevant service-body of the authorized organ.

 

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 the time of refusal to be recognized as an immigrant or a re-settler, the applied person is delivered a written notification in 30-days period from the time of taking 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 during one month after receiving the written notification. After taking the 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 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 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, he should go there within the period of one month, and if the place of residence has been chosen on his own, it is necessary to agree it with the relevant department of the authorized organ on the 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 organ 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 the time 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 during one month after receiving the written notification.

 

After taking the 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 and whom he 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 in 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 express their wish to return in an organized order 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 enter the RT to foreigners or stateless persons.

 

The entrance to the republic of Tajikistan may be prohibited to a foreigner or to a stateless person in the following cases:

 

  1. If he had committed a crime against peace and security of the humanity.
  2. If he kindles inter-state and international enmity;
  3. If he consciously speaks against sovereignty and independence of the RT;
  4. If he was convicted for terrorist activity or has convictions for previously committed grave or especially grave crime.
  5. If he in the time of submitting application about entrance gave false information about himself or has not presented necessary documents
  6. If he has been previously deported from the RT
  7. If in time of his previous staying in the RT there were revealed facts of infringements of law and normative-legal acts of the RT by him;
  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.

 

Organs of Interior provide the residential permit (document) of foreign citizenship in the RT to foreigners and stateless persons, who have received the permission of the authorized organ for the 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 the residential permit in the RT and certificate of a stateless person.

 

It may be refused to give the 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 committed a crime against humanity
  4. to persons having a disease which may cause the 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 organ, organs of Interior 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. Non-repatriates.

 

The status of repatriate is given to the category of persons of native nationality, 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 grand children of the repatriate.

 

The resolution about recognition of a person as a repatriate is accepted by the authorized organ during 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 transference of money to the RT and right of inheritance;
  3. rendering assistance in placing in a job, receiving an alliance on unemployment in the case of being impossible to get a job, independently of the time of living;
  4. paying of pensions and alliances in accordance with the laws of the RT;
  5. paying of one-time alliances, giving of land 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. providing of other privileges in accordance with the laws 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.

 

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

 

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

 

Taking subjects presenting the cultural, historical or other value for the state out of 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 the case if he:

 

  1. owns information being state or other secret protected by law;
  2. apprehended on suspicion in the committing of 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. convinced for committing a crime – until serving the punishment;
  4. is on a military service for a fixed period – until completion of this service;
  5. provided wittingly false information about of himself in the time of registration of documents for the departure from the RT until the resolution of this issue, but not more than one month by organ registrating such documents.
  6. inclines of fulfillment of duties lied upon him by 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 citizens into the territory of the RT and illegal exit out of the RT.

 

Responsibility for illegal entrance of foreigners and stateless citizens on the territory of the RT or for illegal exit of the citizens of the RT out of 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