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Work Of Foreign Nationals Without A Residence Permit

The general rule under Macedonian legislation is clear: a foreign national working in the Republic of North Macedonia must hold an appropriate residence permit for employment purposes or a work permit. However, the Law on Employment and Work of Foreigners provides for an important exception: in certain situations, foreigners may work without such permits, provided that their work is duly registered with the Employment Agency.

This regime, commonly referred to as “registration of work”, represents a significant and practically useful instrument. It is relatively frequently used in business practice, yet often remains insufficiently understood and occasionally misinterpreted. Its purpose is not to circumvent or replace the legal requirements arising under immigration law, but rather to establish a simplified administrative procedure for specific situations where the engagement of the foreign national is limited in duration and clearly project-based.

In essence, the “registration of work” regime introduces a degree of flexibility in organizing business activities, particularly in cases involving short-term engagements, technical support, project implementation, or similar activities that do not require long-term presence or the establishment of a formal employment relationship. Nevertheless, even under this simplified regime, the relevant entities remain obliged to comply with all applicable legal requirements, including labor, tax, and immigration regulations, depending on the specifics of each case.

This regime typically applies in several common scenarios.

First, it is frequently used for short-term services related to the delivery, installation, or maintenance of equipment. For example, when a foreign supplier delivers machinery and sends its personnel to install, test, or train local staff, no work permit is required. The same applies to servicing, diagnostics, or repair activities, provided that these services arise from the underlying purchase or supply agreement.

Second, the regime applies to participation of foreign nationals in trade fairs and exhibitions. Foreign workers who enter the country to assemble or present equipment for a trade fair are not required to obtain a work permit, provided that their engagement is limited to the duration of the event.

Third, the law allows the engagement of foreign nationals for short-term services in situations where the domestic labor market cannot provide the required workforce. This possibility is subject to specific conditions, including the existence of an appropriate legal act governing the provision of such services and a prior determination of labor needs by the local entity. In practice, the local company must first notify the Employment Agency of its need for labor and obtain a written confirmation that such labor cannot be sourced locally. This confirmation must not be older than six months at the time of engagement.

A separate category is represented by emergency situations. Where immediate intervention is required, for example, due to a breakdown, technical failure, or risk of economic damage, foreign experts may be engaged without prior authorization. In such cases, the registration must be completed within three days of their arrival in the country.

In addition, foreign students residing in the country are permitted to perform limited work without a work permit, provided that such work is registered in advance and does not exceed ten working hours per week.

A common element across all these cases is the mandatory nature of registration. The law explicitly requires that the work of foreign nationals be registered as a condition for its legality. This obligation falls on the employer, the client, or the organizer of the service, depending on the specific circumstances. Registration must be carried out within strictly defined deadlines, typically before the commencement of work or immediately upon the foreign national’s arrival. Additionally, there is an obligation to deregister the work upon its completion.

It is important to emphasize that this regime is subject to time limitations. In most cases, services may be provided for a maximum of 30 or 60 days within a calendar year. If the engagement exceeds this period, the foreign national must obtain an appropriate work permit and residence status, in line with the nature of the engagement.

Accordingly, the registration of work should not be viewed as a substitute for long-term employment of foreign nationals. Rather, it serves as a targeted mechanism designed to provide flexibility for short-term, occasional, and clearly defined services. Any misuse or overly broad interpretation of this regime may lead to significant legal risks, including administrative offences and sanctions for both the engaging entity and the foreign national.

For companies engaging foreign nationals, it is therefore essential to properly assess the nature of each engagement. The key question is whether the activity falls within the scope of the “registration of work” regime or whether it requires obtaining a work permit and residence authorization under the applicable legal framework.

Although this distinction may appear technical at first glance, it has direct implications for the legality of the entire engagement, including the immigration status of the foreign national, tax treatment, and compliance with labor regulations. For this reason, a careful and well-informed approach, supported where necessary by legal advice, is strongly recommended.

Note: The above does not constitute legal advice and in no way can be accepted or understood as an instruction to act in a specific case. Each legal situation has its own characteristics that should be reviewed at separately, and for that reason we recommend that you contact a professional – a lawyer – for legal advice.