7 points you need to know about the amended Law on Foreigners

On 04.01.2022, the amendments to the existing Law on Foreigners (“Official Gazette of the Republic of Northern Macedonia” No. 97/18 and 108/19) were adopted by the Assembly of the Republic of North Macedonia at the session held on 23.12.2021.

The key changes provided by the amendments of law are following:

1. The amendments of the law prescribe the possibility of regulating temporary residence for the purposes of studying the language in which teaching is performed, for a foreigner who intends to stay in RNM on the basis of schooling or study. Temporary residence for the purpose of learning the language in which the teaching will be conducted is approved for a period of up to one year and it cannot be extended (Article 71 and Article 93 of the Law on Foreigners).

2. Instead of the current condition for granting temporary residence – there shall be no reasons for refusal of entry, a new condition is introduced as follows: the foreigner does not pose a threat to public order, national security, public health or international relations of RNM (Article 72 of Law on Foreigners)

3. In case of regulation of temporary residence on the basis of “employment”, in the procedure for obtaining an opinion by the Employment Agency, as an addition to the documents listed in Article 87 of the Law on Foreigners, it is necessary to attach proof of submitted request for mediation in employment of workers to the Agency, not older than 30 days.

At the same time, the amendments stipulate that in case of self-employment of a foreigner, a signed contract with an employer is no longer required, as well as proof of appropriate education or specific professional competence of the foreigner, issued by an authorized body or institution (Article 87 of the Law on Foreigners).

4. In case of regulation of temporary residence on the basis of “referral / assignment“, in the procedure for obtaining an opinion by the Employment Agency, as an addition to the documents listed in Article 91 of the Law on Foreigners, it is necessary to attach an agreement of the foreigner with a client from RNM for providing specific services, as well as a bilingual form for appropriate social or health insurance for referred workers in accordance with ratified bilateral social security agreements (Article 91 of the Law on Foreigners).

5. The members of the immediate family of the citizen of RNM, who have been granted temporary residence, are enabled to have the right to education, professional development, employment and independent activity, under conditions determined by law (Article 114 paragraph 2 of the Law on foreigners).

6. In case of regulation of temporary residence on the basis of “origin from the Republic of Northern Macedonia”, it is considered that the foreigner is from RNM, if at the time of his birth, at least one of the parents was a citizen of RNM (Article 117 paragraph 2 of the Law for foreigners).

7. Significant reduction of fines for misdemeanors, both for legal entities and individuals (Article 215, Article 216, Article 217 and Article 218 of the Law on Foreigners).

The Law on Amendments to the Law on Foreigners can be found at the following link: https://www.slvesnik.com.mk/Issues/347ca6fd31344c17b804dab7b326c226.pdf

Angela Andonova, 
Lalicic & Boskoski Law Office 

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