Immigration law in Cambodia

The main legal framework is the Law on Immigration 1994, supplemented by Sub-Decrees and Prakas. The Ministry of Interior and its General Department of Immigration handle immigration control, while Municipal and Provincial Police Commissariats, the Ministry of Foreign Affairs and International Cooperation, the Ministry of Labour and Vocational Training, the Council for the Development of Cambodia and the courts have responsibilities for particular procedures. National rules apply throughout Cambodia, but local offices, border points and current administrative instructions can affect documents, processing and fees. A passport normally needs more than six months of validity for entry. A Visa T is a single-entry tourist visa valid for entry within three months and permits a one-month stay; its e-visa fee is USD 30 and processing takes about three working days. An ordinary Visa E is also single-entry, valid for entry within three months and permits a one-month stay; its e-visa fee is USD 35 with processing of about three working days. Visa exemption depends on nationality and an applicable agreement. Cambodia e-Arrival is free and must be completed at least seven days before travel or on arrival, according to the applicable entry process and port requirements. People who work, conduct business, study, retire or search for employment generally use an ordinary Visa E followed by an in-country extension linked to their purpose and supporting documents. Local practice uses labels such as EB, EG, EP, ER and ES, but the correct category and duration depend on the purpose, evidence and immigration decision. Marriage or family ties do not automatically create residence; the person still needs a lawful immigration status. Work requires more than a visa. The worker normally needs an employment contract or employer or company evidence, a work permit and an employment card issued through the Ministry of Labour and Vocational Training. The employer and foreign worker may also need to complete registration requirements. Working without the required authorization can create immigration and removal risks. Cambodian law distinguishes a non-immigrant alien from an immigrant alien. An immigrant alien is recognized under a Ministry of Interior Prakas and applies for a Resident-Card through the responsible Municipal or Provincial Police Commissariat within 48 hours after arrival. The accommodation provider must report the stay within 24 hours, and a change of residence must be confirmed in advance with the new address reported within 48 hours. An initial Resident-Card lasts two years and renewals also last two years. An immigrant alien generally needs an exit-and-return authorization for travel abroad, normally for up to three months and, with reasons, up to six months; late return can require a new entry authorization and a new immigrant-alien status. Investors may have a separate pathway. Under Articles 25 to 28 of the Law on Immigration, a CDC investment authorization can support permanent residence or residence for the period stated in the authorization for an investor and family members. The procedure is governed by a Sub-Decree, and implementation and documents depend on the responsible authorities. Ordinary Visa E holders do not have a general standardized, enforceable permanent-residence arrangement; renewable visa and residence arrangements are the usual solution for non-investors. Citizenship is governed by the Law on Nationality 1996. Naturalization is granted at discretion rather than as an automatic entitlement. The file can require good-conduct evidence from the commune or Sangkat, a criminal-record certificate, continuous residence in Cambodia for at least seven years from the Resident-Card date, presence in Cambodia at application, Khmer speaking and writing ability, basic knowledge of Cambodian history and evidence of social adaptation. A person born in Cambodia may qualify under a three-year residence rule, while a qualifying investment of at least 1,250,000,000 riels can remove the residence-period requirement. A Royal Decree grants naturalization, and an application can be refused. Cambodia is party to the 1951 Refugee Convention and the 1967 Protocol. The Refugee Bureau under the General Department of Immigration examines asylum and refugee claims in a state procedure, with technical advice and protection monitoring from UNHCR. A recognized refugee can receive a Resident-Card under immigration law and a Convention travel document under Article 28 of the Refugee Convention. Access to the procedure can depend on capacity and location. Identity documents, evidence of persecution, travel records and other supporting material should be preserved. Common evidence includes a passport or travel document, photographs, visa and entry records, Cambodia e-Arrival confirmation, accommodation or FPCS registration, a Resident-Card, employment and employer documents, study, retirement or family evidence, a criminal-record certificate, a medical certificate, a commune certificate and investment or financial documents. The exact package depends on the category and the current instructions of the General Department of Immigration, the Ministry of Foreign Affairs and International Cooperation or the Ministry of Labour and Vocational Training. A lawful stay normally carries duties to keep status, address and reporting information current, follow Cambodian law and respect any zone or movement restrictions. A Resident-Card must be produced when required. Visa overstay can lead to fines, detention or expulsion, and an unlawful stay creates an illegal condition. Immigration status does not by itself grant land ownership, voting rights or public office. Entry may be refused on national-security grounds even when formal documents appear complete. The Minister of Interior can order expulsion for legal violations, illegal entry, a security risk or work without a work permit. Expulsion takes effect immediately and is generally enforced within seven days. A complaint can be filed with the court within two months, and the court can suspend enforcement. The Khmer original of a legal instrument controls where an unofficial English translation differs. E-visa fees and processing times are published for Visa T and ordinary Visa E, but Resident-Card, exit-and-return, work-permit and extension fees depend on current Prakas or Sub-Decree rules and the procedure used. There is no reliable single nationwide total for all immigration costs. The responsible national authorities set the legal framework, while provincial and municipal offices and entry points carry out much of the practical processing.