Immigration law in Kosovo

Kosovo's immigration system applies to foreign persons, called I huaj in local terminology, and stateless persons. Law No. 04/L-219 on Foreigners, Law No. 06/L-036 and the procedural amendments in Law No. 08/L-262 provide the main framework. The relevant authorities include the Ministry of Internal Affairs and Public Administration, its Department for Naturalization, Asylum and Migration, the Divisions for Foreigners, Asylum, Naturalization, Readmission and Return, the Ministry of Foreign Affairs and Diaspora, Kosovo diplomatic and consular missions, the Kosovo Police Border Police and the Employment Agency. Entry normally requires a valid travel document, a visa or residence permit when required for the person's nationality, a credible purpose and suitable conditions of stay, sufficient means, no entry or residence ban and no threat to state security, public order or public health. A visa does not guarantee admission. Humanitarian or national-interest exceptions may apply. A foreign person must usually register the address within three days of entry at the nearest police station or through the available online service. Short stay is limited to 90 days in any 180-day period, and short stay does not authorize employment. Visa requirements depend on nationality, so the current information from the Ministry of Foreign Affairs or the relevant mission must be checked. Border visas may be issued only exceptionally and for no more than 15 days. Kosovo distinguishes short-term, temporary and permanent residence. Temporary residence can cover family reunification, pre-university or higher education, exchange or youth mobility, internships, scientific research, employment, posted work and humanitarian reasons. A temporary permit is normally valid for one year, although the purpose and the sponsor's permit can shorten that period. The travel document generally must remain valid for at least three months beyond the requested permit. Applications are usually filed through a diplomatic or consular mission; visa-exempt foreign persons and certain study, research or statutory cases may apply to the Department for Naturalization, Asylum and Migration in Kosovo. A decision on temporary residence normally takes no more than 30 days. An appeal is generally filed within eight days, and the Appeals Commission normally decides within 30 days; the appeal usually does not suspend enforcement. An extension filed no later than 30 days before expiry allows lawful stay while the application is pending. Applications require evidence suited to the purpose. Common documents include a passport or other valid travel document, proof of purpose, health insurance, housing, sufficient funds and a police or no-investigation certificate. Foreign documents may need certification, apostille or other verification and an authorized translation into Albanian or Serbian. Entry and visa evidence normally shows at least EUR 20 per day for an adult or EUR 10 per day for a minor, with minimum amounts of EUR 100 and EUR 50 respectively. Residence evidence includes an annual income or turnover threshold of EUR 5,000 for employment, EUR 6,000 for family reunification with a foreign sponsor and EUR 500 for pre-university or higher education. Family reunification with a Kosovo citizen has no fixed amount, but the sponsor must prove adequate support. Cash, cheques, credit cards, an employment contract or a sponsor's guarantee may support the financial assessment. Employment generally requires both temporary residence for work and a work permit unless a statutory exemption applies. The Employment Agency issues work permits, and licensed professions require prior professional licensing. A permit is normally tied to the employer and job and lasts for the contract or assignment, up to one year. The Government sets annual quotas by 31 October for the following year, but statutory categories outside the quota include certain daily migrants, treaty-based workers, key personnel, self-employed persons, intra-company transferees and seasonal workers. Seasonal work is limited to six months in one year and normally requires six months outside Kosovo before renewed seasonal entry. Exemptions include permanent residents, persons with refugee, subsidiary or temporary protection, some family members, humanitarian residents, certain students and scientific researchers. Workers receive equal-treatment protections for working conditions, pay, dismissal, occupational safety, association, training, qualification recognition and social security. An employer must not hire a foreign person who lacks lawful status and must notify the Department and the worker of relevant changes within 15 days. Family reunification covers close family members of Kosovo citizens, permanent residents, temporary residents and persons with international protection. A worker holding a one-year quota-based permit generally qualifies to bring family members only after two years of temporary residence. Seasonal workers, asylum seekers and persons with temporary protection are excluded from this family-reunification category. The application is normally filed while the family member is abroad, subject to statutory exceptions. The permit normally lasts one year or until the sponsor's permit expires; after two continuous years it may last up to two years. A spouse, unmarried partner or adult child may obtain an autonomous residence after three years of family residence, with exceptional provisions after the sponsor's death. Evidence includes the family relationship, the sponsor's identity, funds, housing, insurance, criminal-record documents and, where required, vaccination evidence. Family members with this status may access education, vocational training, employment and self-employment. Education and research have separate evidence requirements. Pre-university study may require enrolment, parental or guardian consent, funds, housing, insurance and a no-investigation certificate. Higher-education applicants need enrolment at an accredited institution, funds, a precise address, insurance and the required police documentation. Scientific researchers need an invitation and research agreement with a licensed Kosovo institution. Exchange, youth-mobility and internship cases require documents matching the specific program; an internship under the foreigner legislation is not automatically employment. Research residence normally lasts up to one year, while certain EU or Schengen research agreements may permit stays of up to 90 days. Humanitarian residence can protect trafficking victims who accept assistance, abandoned or unaccompanied minors, people cooperating with justice or security authorities, people assisting proceedings against illegal employers, pregnant persons after six months and persons with other serious humanitarian reasons. Funds and insurance exemptions may apply. A trafficking victim receives a reflection period of 30 to 90 days and can obtain medical treatment, psychosocial support, interpretation, safety measures and free legal aid. A permit may last at least six months while the conditions continue. International protection is governed by Law No. 06/L-026 and its amendments. The available statuses are refugee status, subsidiary protection and temporary protection. An asylum application may be made in a language the applicant understands. Registration normally occurs within three working days when the application is filed with the competent body or within six working days when another authority forwards it. While the application is pending, the applicant has the right to stay, accommodation or an Asylum Centre, food, clothing, an allowance, health care, education, legal aid, court access, an interpreter and family unity. The applicant must comply with the law, cooperate with the Department, provide fingerprints and a photograph, remain available and report as required, and must not leave Kosovo without permission. If no first-instance decision has been issued after nine months for reasons not caused by the applicant, access to work or professional training may arise. A first-instance protection procedure normally lasts six months. Complex or mass cases may receive extensions of three months, up to a maximum of 21 months. Accelerated cases generally receive a decision within 30 days. An appeal to the National Commission for Refugees is normally filed within 15 days, or within seven days in an accelerated case, and the Commission normally decides within 30 days. Appeals and court proceedings generally suspend enforcement. Recognized refugees and persons with subsidiary protection receive residence, social assistance, shelter for up to two years, health care, education, integration support, work access, family reunification and legal aid under the applicable rules. Permanent residence normally requires five years of continuous temporary residence. Absences do not break the period when each absence is shorter than six months and total absences do not exceed ten months. Seasonal work, daily migration, service provision for a foreign employer and imprisonment do not count; study time counts at half its length. Applicants generally need a valid travel document, funds, health insurance, no security or public-order threat and basic reading and writing in one official language together with knowledge of Kosovo's culture and social order. Exemptions apply to people who completed relevant schooling in Kosovo, preschool-age applicants and persons over 65 who are not employed. The Department normally decides within 60 days. There is no administrative appeal, but the decision may be challenged before the Basic Court. Permanent residence may be revoked for a ban, more than one uninterrupted year outside Kosovo, false or concealed material facts, serious threats or a request by the holder. Citizenship is governed by current Law No. 10/L-023, which expressly permits multiple citizenship. Citizenship may arise through parentage, birth in the territory, adoption, naturalization, treaty rules and other statutory provisions. Ordinary naturalization generally requires adulthood, five years of continuous residence after permanent residence, social, cultural, scientific, economic or professional integration, sufficient funds without social assistance, fulfilment of financial obligations to the state and elementary reading and writing in an official language with knowledge of Kosovo's culture and social order. A spouse of a Kosovo citizen generally needs at least three years of marriage and one year of lawful residence with a valid permit, while the five-year residence condition does not apply in that category. Refugees and stateless persons may qualify after five years from recognition. Persons of Kosovo descent living abroad may qualify under diaspora provisions without the ordinary adult, five-year and language conditions. Special-interest naturalization may be granted by presidential decree. Applications are filed with the municipality or competent body in Kosovo, or with the nearest Kosovo mission abroad. The review period can reach 180 days for acquisition, and final decisions can be challenged through the Citizenship Appeals Commission and the administrative courts. A person may be unlawfully resident because the required visa was missing, entry was unlawful, a permit was refused, cancelled or revoked, protection was refused without another lawful basis, or work was performed without authorization. The Department issues a written return decision in an official language and English. Voluntary departure normally receives up to 30 days, with a possible extension of up to 60 days for schooling, liquidation of affairs or health reasons. A return appeal is normally filed within eight days and decided within 15 days; a further dispute before the Basic Court is generally filed within eight days and does not automatically suspend enforcement. Border Police may carry out forced removal in cases such as unlawful entry, failure to depart, more than 60 days after expiry of a visa or permit, readmission or a qualifying conviction. Detention in a removal centre is considered only after alternatives. Non-refoulement, the best interests of children, family life and health must be respected in removal decisions. Visa refusals, entry refusals, residence refusals, return orders and forced-removal measures each have distinct appeal deadlines, so the written decision and its stated remedy must be examined immediately.