On 16 July 2010 the Moldovan Parliament passed the Act No. 200/2010 on the regime of foreigners residing/staying in Moldova (Act No. 200). Act No. 200 shall enter into force as of 24 December 2010 and implements totally new rules and procedures regulating the entrance, staying and exit of foreigners in Moldova.

Act No. 200 entirely abolishes the old Act No.1518/2002 on migration and is meant to operate in parallel with Act No. 180/2008 on labour migration (regulating the procedure of obtaining the temporary labour right by foreigners) and other relevant normative acts (e.g. on abolishing visas, etc.). The new legislation is intended to align the country to the EU norms on migration (e.g. Regulation 562/2006/CE, Regulation 810/2009/CE, etc.).

At the date of entrance into force of Act No. 200 all applications submitted under the old legislation shall be handled pursuant to the new law. In practice, this may cause situations when foreigners are requested to submit additional documents previously not required.

Rules on entering Moldova

Different from the old legislation, Act No. 200 lists the conditions a foreigner must fulfil in order to legally enter the country. It also sets an obligation for transporters to monitor that their passengers fulfil the minimum entrance requirements. Should the transporter fail to observe this obligation, it will be required to procure that the foreigner is taken to the departure point or a destination where he is accepted. Otherwise, the transporter will bear the costs for accommodation and return of the foreigner.

Visa regime

Act No. 200 inserts a novelty on the categories of visa a foreigner may be granted to enter Moldova. The following categories may apply, depending on the mode of arrival: (i) type "A" – airport transit; (ii) type "B" – transit; (iii) type "C" – short stay; (iv) type "D" – long stay (with the right to prolong via a residence permit). Except for cases of emergency – listed by law and in which case a visa can be granted at the border – visas are issued by the Moldovan foreign diplomatic/consular representatives.

Act No. 200 establishes that the Moldovan government shall approve the list of countries the citizens of which receive a visa on the basis of an original invitation issued by the Moldovan migration authority (Romanian: Biroul Migratie si Azil; BMA). In respect of the invitation regime, the new legislation regulates the procedure in greater detail and lists the cases which are excluded from the invitation procedure.

Citizens from the following territories and countries do not require a visa to enter Moldova: EU, US, Canada, Switzerland, Norway, Island, Japan, Andorra, Israel, Lichtenstein, Monaco and the Vatican.

Prolongation of the stay - Temporary residence permit

Foreigners arriving in Moldova (subject to visa conditions, if any) are entitled to a stay up to 90 days within a six-month period as of the day of first entrance. Pursuant to Act No. 200, a prolongation can be granted for the following reasons: (i) labour activities; (ii) study; (iii) reunion of family; (iv) humanitarian or religious activities; (v) long term medical treatment; (vi) other purposes not prohibited by local legislation. If a visa is required, a prolongation may be obtained only on the basis of a "D" type visa.

Act No. 200 brings significant changes to the entire process by excluding the immigration certificates previously issued by the BMA and which stood as the basis (together with other permits, if applicable) for issuing the temporary residence permit. Under the new legislation, provided that all criteria are fulfilled, the BMA shall directly issue the residence permit to the applicant.

Permanent residence permit

The procedure of granting the permanent residence right is regulated in more detail in Act No. 200. Furthermore, a list of situations in which a permanent residence can be requested and granted was extended (e.g. foreigners holding a temporary residence right continuously for last five years are entitled to apply for a permanent residence permit).

Prohibitions

Under Act No. 200, foreigners who failed to leave the country on time or who committed illegal acts can be prohibited from entering the country. Prohibition periods vary from one to 10 years. If the foreigner leaves voluntarily, the prohibition is reduced by half. However, if the foreigner is returned on the state's costs, a six month term is added to the interdiction period.

Further, foreigners working illegally are subject to a prohibition of three years, or five years if expelled from Moldova.

In summary, the new legislation brings clearer and less formalistic procedures for foreigners. Whether and how the Moldovan authorities apply them in practice will soon be seen.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.