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THE BASIC INFORMATION ON ENTRY, STAY AND INTERNATIONAL PROTECTION OF ALIENS IN BOSNIA AND HERZEGOVINA
I GENERAL NOTES LEGAL FRAMEWORK The issuing visas, terms for entry in to Bosnia and Herzegivina, state border crossing and stay in Bosnia and Herzegovina, international protection are regulated by:
THE COMPETENT BODIES Ministry of Security takes care and implements the policy of immigration and asylum in BiH, and it is competent for the arrangements of procedures and the way of organization of service due to the movemant and stay of aliens.The Headquarters of Ministry of Security is in Sarajevo, Trg BiH 1. Sector for Asylum conducts administrative and other expert tasks that reffers on execution and implementation of policy and asylum procedure in Bosnia and Herzegovina. Sector for Immigration is competent for solving upon appeals of aliens on decision brought by the Service for Foreigners' Affairs. ( Find more information on Internet Web site of BiH Ministry of Security www.msb.gov.ba) BiH Border Police is an administrative organization within BiH Ministry of Security, with operative independence, fouded for tackling the police tasks related to the surveillance and control of BiH border crossing and other tasks stipulated by law. ( Find more information on Internet Web site of BiH Border Police www.granpol.gov.ba) Service for Foreigners' Affairs is an administrative organization within BiH Ministry of Security, with its operative independence, founded by the reason of tackling administrative issues related to movemant and stay of aliens in Bosnia and Herzegovina that are prescribed by the Law on Movemant and Stay of Aliens and Asylum. Organisational units of the Service for Foreigners' Affairs are following Field offices: Sarajevo, Istočno Sarajevo, Banja Luka, Mostar, Zenica, Travnik, Bijeljina, Trebinje, Goražde, Tuzla, Livno, Ljubuški, Orašje, Bihać, Brčko and Doboj. Find more information on Internet web site of the Service for Foreigners' Affairs www.sps.gov.ba
II ENTRY OF ALIENS IN TO BOSNIA AND HERZEGOVINA VISAS A visa is a permit allowing an alien to cross the State border enables him/her to enter and stay in the country for the period specified in the visa or transit through the territory of BiH, provided that an alien meets the requirements relating thereto. Aan alien shall have the obligation to obtain visa before arriving at BiH a border crossing post. A visa can be issued only to an alien who posseses valid passport with period of validity at least three months. An application for issuing visa has to be filed on form, that must be fulflied correctly and completly. The airport transit visa (Visa A) enables the alien to pass through an international transit area of an airport without an actual entry into the country, during the discontinuation or continuation of an international flight; will be issued to an alien for one, two or multiple transits via international area of the airport during the transit period, and the period of validity is three months. A transit visa (Visa B) enables an alien traveling from a country to a third country to transit through the territory of BiH. A short term stay visa ( „C“ Visa) enables an alien to have a single or multiple stays in the country, provided that no continuous stay, or the total duration of several consecutive stay in BiH, may last for more that 90 days within a six month period, commencing from the date of firts entry. A short term stay visa shall be issued for a single or multiple entries into BiH. A long-term stay visa ( „D“ Visa) shal enable an alien to enter and stay in BiH within the period of up to six months within one year, commencing from the date of the first entry. A long term visa shall be issued for a single or multiple entries into BiH. More detailed information on „D“ Visa comprises the Rulebook on issuing visa for long term ( „D“ Visa), and procedure while issuing such visa. Find more detailed information on issuing visas, required documentation and as well on Diplomatic- Consular Representation offices of Bosnia and Herzegovina where an application on issuing visa can be filed, on Internet web site of Ministry of Foreign Affairs www.mfa.gov.ba ISSUANCE OF VISAS AT THE BORDER Exceptionally, visa can be granted to an alien at the border and as it follows: airport transit visas („A“ Visa) for one entry that may last one day, transit visas („B“ Visas) for one entry that may last for five days or short term stay visa More detailed information on reducing the visa validity, visa cancellation at the border and in the country)- (Article 40 of the Law on Movemant and Stay of Aliens and Asylum, and article 21 and 22 of the Rulebook on Entry and Stay of Aliens). The administrative fee has to be paid for the issuing visa at the border which summons 100 KM ( Article 1 of the Decision on Amendments of Tariff administrative fees) Visas shall be issued at the following international border crossing: Airports Sarajevo, Banja Luka, Tuzla and Mostar, land border crossings: Izačić, Bosanska Gradiška, Bosanski Brod, Orašje, Pavlovića Most, Karakaj, Hum, Klobuk, Gorica and Doljani. The working hours at these border crossing is from 0-24 hours. Find more information on Internet Web site of BiH Border Police www.granpol.gov.ba CROSSING THE STATE BORDER An alien may cross the State border of BiH only at the designated border crossings open to international traffic, during the border crossings' working hours.Aan alien national of neighboring state may cross the State border of BiH also at the designated for the traffic between BiH and the neighboring countries, unless otherwise provided . Find more information on border crossing on Internet Web site of BiH Border Police www.granpol.gov.ba TRAVEL DOCUMENTS The travel document that an alien can enter into BiH with, is the valid travel document or other identification document issued by competent authority and BiH recongnizes it, then valid identification card, or other identification document with photo that may be used for State border crossing, and it is recognized by the International treaty to which BiH is Contracting Party, as well as the travel document issued to an alien in BiH pursuant to the Law. An alien may enter in BiH with valid travel document where visa is indicated or permit residence, unless the Law on Movemant and Stay of Aliens and Asylum or International treaty otherwise provided. The aliens citizens of states by the (Decision 2 of Decesion on Visas) are exempted from the obligation of obtaining visas for short-term stay. The citizens of following states can enter into BiH, except with travel document, with valid identification card by which is proved identity and citizenship: -The Member States of European Union, GENERAL ENTRY CONDITIONS FOR BiH An alien is every person who has not citizenship of BiH, but he/she is the citizen of some other state in accordance to its regulations, as well as the person without citizenship of any state. REASONS FOR ENTRY REFUSAL An alien may be refused to enter BiH even if he/she fulfills the entry requirements reffered to in Article 19 by the reason of Article 25 of the Law on Movemant and Stay of Aliens and Asylum. ENTRY OF MINORS The alien of less than 18 years of age ( a minor) and holding a personal travel document may cross the BiH border olny if accompanied by his/her parents, legal representative or custodian, or the person authorized to accompany the minor by an authorization signed and certified by the parents, legal representative or custodian, or must have the parental or legal representative's consent if travelling unacommpanied.
Consent or authorization comprises data by the Article of the Rulebook on Entry and Stay of Aliens, and it is considered that the minor alien posseses consent or authorization of the legal representative if some of terms is fulfilled by the Article 3 paragraph 3 of the Rulebook on Entry and Stay of Aliens.
MEANS FOR SUBSISTENCE Possession of means shall be proved on the way regulated by the Article 23 of the Law on Movemant and Stay of Aliens and Asylum and Article 7 of the Rulebook on Entry and Stay of Aliens. The minimum amount required for subsistence of an alien during the intended residence in Bosnia and Herzegovina and means for the exit from country, including the required means for health care of an alien for 2009, is 150 KM or equivalent value in foreing curreny, per each day of intended residence in Bosnia and Herzegovina. ( Article 1 and 2 of the Decision on minimum amount of required means for subsistence of an alien during the intended residence in Bosnia and Herzegovina).
FINANCIAL FUNDS The obligation of an alien is that at the request of police officer of BiH Border Police at the border crossing shows evidence on possession of financial means in amount of 150 KM per each day of stay in BiH. Financial means may be in cash or non-cash payment means recognized by the banking system of BiH, which indicates withouth doubt that can serve as a foundation for subsistence of an alien in BiH ( Article 8 of the Rulebook on Entry and Stay of Aliens)
LETTER OF INVITATION Possession of means for subsistence of alien who in BiH enter with visa, or he /she is a citizen of state of non-visa regime, as a reason of entry and stay of alien in BiH may be proved by letter of invitation as well. The administrative tax for the verification of letter of invitation summons 10 KM The documention that is enclosed with application for the verification of letter is forwarded in original sample or verified copy, and documents on foreign language are forwarded translated into one of languages that are in official use in BiH. ( Article 70 of the Rulebook on Entry and Stay of Aliens).
III STAY OF ALIENS IN BOSNIA AND HERZEGOVINA TYPES OF RESIDENCE Visa residence is the right of stay of aliens in BiH for the period stated in the visa. Non-visa residence is the right of stay in BiH of aliens arriving from non-visa regime countrires. The aliens who are exempt from visa requirement to enter tht BiH territory shall be entitled to enter and stay in the country for a total period of no longer that ninety ( 90) days within period of six (6) months following their first entry, unless otherwise determined by an international treaty to which BiH is Contracting Party or by special decision of the BiH Council of Ministers. The States whose citizens is not required visas for entry and stay in BiH are determined by the Decision on visas. Temporary residence is residence of an alien in the territory of BiH for a period of up to one year, unless otherwise specified in the residence permit. Permanent residence is the right of stay of aliens in BiH for an indefinite period of time. OBLIGATION OF REGISTRATION OF RESIDENCE OF AN ALIEN An alien is obligied upon his/her arrival to register residence at the Service for Foreigners' Affairs- Field Offices or compotent organizational unit of Ministry of internal affairs pursuant to the Article 74 and 75 of the Law on Movemant and Stay of Aliens and Asylum and the Article 65 of the Rulebook on Entry and Stay of Aliens. After that he/she fulfills this legal obligation he/she may aquire certain rigths, and by this he /she will avoid prescribed sanctions for noncompliance of valid legal regulations at the territory of Bosnia and Herzegovina.
APPROVAL OF TEMPORARY RESIDENCE IN BiH A temporary residence permit may be issued for justified reasons regulated by Article 52 of the Law on Movemat and Stay of Aliens and Asylum. An application for the approval of the first temporary residence as well as the application for extension of temporary residence shall be filed to the Service for Foreigners' Affairs. Outside of BiH, an application shall be filed to the Service for Foreigners' Affairs through the BiH Diplomatic Consular Representation, and in BiH directly to the competent organizational unit of the Service for Foreigners' Affairs. An alien may file an application for the approval of the first residence at the territory of BiH only in following cases:
(Article 60 of the Law on Movemant and Stay of Aliens and Asylum and Article 26 of the Rulebook on Entry and Stay of Aliens, Application for issuance of approval/extension of approval of temporary stay – Form No. 9). General conditions for granting temporary residence are regulated by Article 53 paragraph 1 of the Law on Movemant and Stay of Aliens and Asylum anad Article 28 of the Rulebook on Entry and Stay of Aliens. GROUNDS FOR GRANTING TEMPORARY RESIDENCE -marriage with the BiH citizen ( Article 30 of the Rulebook) The administrative fee that summons 100 KM shall be paid for the issuance of temporary residence permit (Article 1 of the Decision on ammendments of Tariff on administrative fees).
The documention that is enclosed with application for the verification of letter is forwarded in original sample or verified copy, and documents on foreign language are forwarded translated into one of languages that are in official use in BiH. ( Article 70 of the Rulebook on Entry and Stay of Aliens). Find more information on documents that are required to enclose with application for the approval of temporary residence at the Internet Web site of the Service for Foreigners' Affairs www.sps.gov.ba
EXCEPTION FROM THE REQUIREMENT TO HOLD A WORK PERMIT By applying all provisions of the Law that reffers on temporary residence , the Article 84 of the Law on Movemant and Stay of Aliens and Asylum regulates all categories of aliens who must not hold a work permit for labour in BiH. APPROVAL OF PERMANENT RESIDENCE A permanent residence permit shall be issued to an alien that he/she resided in the territory of BiH on the basis of a temporary residence permit for at least five years uninterruptedly prior to submitting the application for issuance of permanent residence permit; that he/she has sufficient and regular funds in order to support himself/herself; that he/she has confirmed adequate accomodation and confirmed health insurance. Any stay for a period of up to 90 days outside of BiH during the year when he/she has temporary residence permit, shall not be considered as an interruption of residence.
The administrative fee that summons 200 KM shall be paid for the issuance of permanent residence permit (Article 1 of the Decision on Amendments of Tariff on administrative fees).
The documention that is enclosed with application for the verification of letter is forwarded in original sample or verified copy, and documents on foreign language are forwarded translated into one of languages that are in official use in BiH. ( Article 70 of the Rulebook on Entry and Stay of Aliens).
IN WHICH CASE AN ALIEN WILL NOT BE APPROVED OF PERMANENT RESIDENCE An alien will not be approved of permanent residence, if he/she resides in BiH :
IV INTERNATIONAL PROTECTION IN BiH International protection indicates the status that competent BiH authority recognizes to the refugees or persons fulfilling the conditions for subsidiary protection. A refugee is, pursuant to the Convention on Refugee Status by 1951 and the Protocol on Refugee Status by 1967., an alien who has a well-founded fear of being persecuted for reasons because of race, relegion, nationality membership in a particular social group or political opinion, and is outside of the country of his/her nationality and is unable or, owning to such fear, is unwilling to avail himself/herself of the protection of his/her country, or who, not having a nationality and being outside the country of his/her former habitual residence as a result of such events, is unable or, owning to such fear, is unwilling to return to it. A person holding subsidiary protection is an alien who doesn not fulfill conditions for the recognizition of refugee status, but in respect of whom substanial grounds have been shown for believing that the person concered would face a real risk to be exposed to the death penalty, i.e. execution, torture or inhuman or degrading treatment or punishment in the country of origin or country of habitual residence, as well as the existence of a serious individual threat to a civilian's life or person due to the indiscriminate violence in situations of international or national armed conflict and is unable or, owning to the fear, is unwilling to avail himself of the protection of that country. Towards applicant who is coming directly from the territory where his/her life had been jeoperdized or freedom, the sanction because of illegal entry or presence in BiH will not be applied, under the condition that he/she reports himself/herself to the Service for Foreigners' Affairs the BiH Border Police without undue postponement and to expose justinfiable reasons for the illegal reasons and presence in BiH. INTENTION AND FILING OF APPLICATION FOR INTERNATIONAL PROTECTION An alien may state the intention of the filing the application to the BiH Border Police at the border crossing or to the Organisational units of the Service for Foreigners' Affairs in BiH.The Organisational units of the Service for Foreigners' Affairs are following Fielf Offices: Sarajevo, Banja Luka, Mostar, Trebinje, Zenica, Bijeljina, Brčko, Istočno Sarajevo, Tuzla, Doboj, Travnik, Goražde, Bihać, Orašje, Livno. The Service issues a receipt on expressed intention of the filing of application, with determined direction of movemant and required deadline in order to file an application. The receipt is considered as a approval of residence for the period that is determined on the receipt. The application for the international protection will be filed in person to the Ministry at the Headquarters, and to the applicant will be issued a document THE COMPOTENT BODY FOR CONSIDERATION AND DETERMINATION UPON THE APPLICATION FOR INTERNATIONAL PROTECTION The Ministry of Security determines the well-foudedness of filed application for the international protection, or whether an alien fulfills conditions for the recognizition of refugee status or subsidiary status. The decision upon an application for the international protection is final ( an appeal against decision is not permitted), but the administrative litigation may be instituted at the Court of BiH within 60 days. The instituting of the administrative litigation is shorter (8 days) in cases of unfounded applications ( the urgent proceeding defined by the law). In cases when proceeding upon an application is ceased by conclusion or an application is rejeceted, the deadline for the instituting the administrative litigation is 8 days, and an appeal does not defer the conclusion. Note: In procedure upon an application for the international protection, the publicity is excluded, and all reached data and information in such proceeding are being considered as a classified data. RIGTHS AND OBLIGATIONS OF PERSONS WHO FILED AN APPLICATION FOR THE INTERNATIONAL PROTECTION
The rights: The right on residence in BiH while proceeding upon an application for the international protection is not ceased by the valid court decision;
The obligations:
RIGHTS AND OBLIGATIONS OF PERSON WHO WERE GRANTED INTERNATIONAL PROTECTION The rigths: An alien holding the refugee status shall be entitled to reside for the period of duration of international protection. An alien with the recognized refugee status shall have acess to work, education, health care and social welfare under the same terms and conditions as BiH citizens, and shall also have the right to reunification of family members. An alien to whom the subsidiary protection is recognized shall be entitled to reside in BiH throughout the period of one year. The residence permit shall be renewed at the request of the alien for as long as the conditions based on which the subsidiary protection had been recognized continue to exist. Beside the right on residence, an alien has right to work, education, health care and social welfare under the same conditions as BiH citizens. The obligations:
TEMPORARY PROTECTION Temporary protection shall be granted to aliens coming en masse to BiH from a country where, due to a war or comparable situation, general violence or internal conflicts, violation of the human rights has taken place, and the country of their origin has no capacities to protect them. TERMS UNDER WHICH THE TEMPORARY PROTECTION SHALL BE GRANTED AND PERIOD OF DURATION OF PROTECTION
COMPETENT BODIES FOR GRANTING OF TEMPORARY PROTECTION
RIGTHS AND OBLIGATIONS OF AN ALIENS AT THE TEMPORARY PROTECTION The rigths:
The obligations:
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