General Issues of Legal Status of Foreigners According to the Legislation of The RT
Foreigners are recognized to be the people who are not citizens Republic of Tajikistan. They are:
- Stateless persons
Mainly the legislation Republic of Tajikistan on foreign citizens is spread on foreigners and stateless people. The refugees are the specific category of foreigners and have different legal status that is governs by other regulatory legal acts.
Constitution Republic of Tajikistan determines that “foreign citizens and stateless persons enjoy these announced rights and freedoms, and have obligations and responsibilities equal to those of citizens of Tajikistan, except in cases anticipated by law.” (Article 16) Tajikistan may offer political asylum to foreign citizens who have been victims of human rights violations
Such exceptions take place in the fields of state service, military service, etc. Foreign citizens with valid international passport or equivalent legal document may only enter Tajikistan if they have the valid entrance visa, issued by the competent authorities Republic of Tajikistan represented by the Ministry of Foreign Affairs, its offices abroad, Embassies and Councils of foreign countries that possess corresponding agreement with the Republic of Tajikistan.
The following reasons shall be the basis for the refusal of entry to the Republic of Tajikistan:
- persons who threaten the national security or public order of the Republic of Tajikistan.
- persons who threaten to the rights and legal interests of the citizen Republic of Tajikistan or others
- persons who violated the rules of the regulation on legal status of foreign citizens in the Republic of Tajikistan during previous term of stay, custom, currency, or any other legislation
- persons who submitted false information or did not presented required documents for visa issuance
- any other reason as per legislation Republic of Tajikistan.
Foreign citizens with valid international passport or equivalent legal document must leave Tajikistan on the expiry of their entry-exit visa or staying permission, issued by the competent authorities Republic of Tajikistan represented by the Ministry of Foreign Affairs, its offices abroad, Embassies and Councils of foreign countries that possess corresponding agreement with the Republic of Tajikistan.
The exit of foreign citizens from the Republic of Tajikistan shall be prohibited for the following reasons:
- persons suspected of criminal offences, until a Court has reached a decision;
- persons sentenced to imprisonment, until either completion of the sentence, an amnesty is granted
- in case of conflict of interests with national security or public order of the Republic of Tajikistan
- if there are any other reasons, established by the legislation of the republic of Tajikistan
The exit of foreign citizen may be stopped in case of existence of complaints or comments by citizens of Tajikistan whose rights, freedoms, and legal interests have been infringed or and justification by of competent organizations of such complaints, until the existence of such infringement is proved or the a problem is resolved.
Foreign citizens, traveling through the territory Republic of Tajikistan shall follow the rules of transit traveling in the exit border points Republic of Tajikistan according to the rout and can stay on the territory Republic of Tajikistan with the transit visa, issued by the Ministry of Foreign Affairs.
In case of violation the legislation on living in the Republic of Tajikistan, such as living without permission to stay, invalid documents, absence of registration, moving or choosing place of residence, refusal to leave after expiration of permitted period of stay, breach of transit permission through the territory Republic of Tajikistan, the foreign citizens bear administrative and criminal responsibilities.
The period of stay in the Republic of Tajikistan can be reduced to the foreign citizens in case of violation of legislation on legal status of foreign citizens in the Republic of Tajikistan or other legal acts Republic of Tajikistan.
Reduction of period to stay is possible if the grounds for foreigner’s stay in the Republic of Tajikistan disappeared. The decision on reduction of period to stay is taken by the Ministry of Interior Affairs.
Foreigners, who arrived in the Republic of Tajikistan on temporary grounds with international passports are registered according to the present Rules. International passports are submitted for registration within 3 days upon arrival to the destination point (holidays and week-ends are not included).
The following do not require the registration:
- Chiefs of States and Government of Foreign States, members of Parliament and Governmental delegations, arrived to the Republic of Tajikistan by the invitation of the President Republic of Tajikistan, Majlisi Oli Republic of Tajikistan, Government Republic of Tajikistan, technical stuff of these delegations, family members of aforementioned people.
- People who arrived to the Republic of Tajikistan with UN passports
- Foreign citizens bellow age of 16
- Foreign citizens arrived to the Republic of Tajikistan on holidays and weekends or on a period of 3 working days and leaving the Republic of Tajikistan within these days
- Foreign tourists in cruise
- Crew members of foreign military planes arrived to the Republic of Tajikistan as per order of the President Republic of Tajikistan. The transportation of crew members within the territory Republic of Tajikistan is allowed according with the schedule on military aircrafts arrival with the permission of chief of military reservation.
- Crew members of civil airplanes of international airlines during their stay in the airport according with the flight schedule
- Crew members of international auto transportation means, who organize cargo and passengers transportation through the cities and living places on the routs of transportation, including place of destination.
In the Ministry of Foreign the following can be registered:
- heads of foreign diplomatic missions and councils representations, diplomatic personnel, administrative, technical and service personnel of diplomatic missions and councils representations, workers of military attach? and trade representatives and their spouses, children, parents, guests of the heads of foreign diplomatic missions and councils representations, if these guests are living in the residence or on the territory of aforementioned offices and institutions.
- members of institutions of foreign states abroad, arrived to the Republic of Tajikistan on business service and bearers of diplomatic or service passports, their family members
- members of international organizations, arrived to the Republic of Tajikistan on business service, members of representations of international organizations with the head quarter in the Republic of Tajikistan, who possess diplomatic privileges according with the regulation of their organizations or international agreements, their family members
- foreign journalists, accredited to the Ministry of Foreign Affairs Republic of Tajikistan, their family members Ministry of Foreign Affairs Republic of Tajikistan and its representations issue service, diplomatic and councils identification cards to aforementioned people or put a registration stamp in the passports or equivalent documents. Aforementioned people do not require the registration in the hotels or authorities of internal affairs.
Ministry of Foreign Affairs is authorized to register foreign citizens, arrived to the Republic of Tajikistan as state and public activists, their family members with the request o receiving international organization, diplomatic representation or council institution, as well as register workers of international organizations that has not been mentioned in the Article 16 of present Rule.
In the hotel can be registered:
- foreign citizens, the holders of international passports or of equivalent documents, who arrived to the Republic of Tajikistan for business, trade, or common issues, treatment, rest, as tourists, and in exceptional cases for private business and lived in the hotels. If the foreign citizens arrived directly to the hospital, sanatorium, resort place, the registration must be done in the authorities of internal affairs.
- holders of diplomatic or service passports, who are living in the hotels as workers of institutions of foreign service and their family members arrived to the Republic of Tajikistan on private business.
The registration is carried out based on individual requests of these citizens or written requests of receiving organizations, foreign permanent representative offices in the Republic of Tajikistan. Foreign passports are registered for a term indicated in requests, tours and applications and those with visas â€“ for a term of visa validity.
Passports of foreign nationals not indicated in par. 17-19 of these Rules who arrived in the Republic of Tajikistan for study, internship, training or work in accordance with intergovernmental agreements and their family members as well as those who came on business of public organizations and invited individuals are registered in the offices of the Ministry of Interior of the Republic of Tajikistan (RT).
The registration is carried out based on written requests of receiving organizations, foreign permanent representative offices in the Republic of Tajikistan and individual applications.
Requests should be submitted to the offices of the Ministry of Interior of the RT no later than 3 days except for holidays and days-off since submission by foreign nationals of their passports for registration to the receiving organization or a representative office.
Passports of foreign nationals who arrived in the Republic of Tajikistan on individual business are registered in the offices of the Ministry of Interior based on their visas if the other procedure of entry into the Republic of Tajikistan was not established by an agreement between the Republic of Tajikistan and a respective country.
Foreign nationals arrived in the Republic of Tajikistan and applied for a refugee status are subject to registration in the offices of the Ministry of Interior based on the letters of the National Migration Service under the Ministry of Labor and Employment of the RT for a term necessary for decision-making on giving them a refugee status. Foreign nationals received a refugee status are registered in offices of the Ministry of Interior based on petition of the National Migration Service under the Ministry of Labor and Employment of the RT for a term of validity of a refugee ID card.
Registration of passports of foreign nationals in the RT is recorded at their initial entry point. A foreign national can be deported from the RT in the following cases:
- if his/her activities conflict with interests of national security or protection of public order;
- if it is necessary to protect health and morality of population, rights and legitimate interests of nationals of the RT;
- f he/she grossly broke the legislation on legal status of foreign nationals in the RT, customs, foreign exchange and other legislation of the RT. Decision on deportation is made by the Ministry of Security of the RT based on consent of the General Prosecutor of the RT. If a deportee would not appeal to the court during one week term after this decision about its legitimacy then it is executed. A court decision is made in accordance with established procedure for nationals of the RT.
The Ministry of Justice of the RT no later than 2 months before expiration of a term of sentence of a convicted foreign national subject to deportation from the RT informs territorial migration, security and interior bodies where the body responsible for execution of criminal sentence is located about his/her discharge.