قرار لسنة 1980 بشأن تنظيم إجراء دخول وخروج وإقامة الأجانب

General People's Committee

decree on the regulation of entry, exit, and residency procedures for foreigners

The General People's Committee,

Upon review of:

• Law No. (27) of 1962 on the entry and residence of foreigners in Libya and their exit therefrom;
• The Currency Control Law, amendments thereto, and the regulations issued pursuant thereto;
• Law No. (58) of 1970 on labour and amendments thereto;
• Civil Service Law No. (55) of 1976 and the regulations issued pursuant thereto;
• The regulations governing the entry and residence of foreigners in Libya and their exit therefrom issued on 23 Rabi' al-Awwal 1382 AH, corresponding to 23 August 1962 AD, and amendments thereto;
• The General People's Committee Decree issued on 6 Rajab 1389 FDP, corresponding to 20 May 1980 AD, on the regulation of the entry and residence of foreign workers;
• Based on the submission of the Secretary of the General People's Committee;

has decreed:

Article (1)

Administrative units, public companies and establishments, and other licensed national bodies, as well as foreign companies and establishments contracted to complete works in the Socialist People's Libyan Arab Jamahiriya may obtain permission to recruit the foreign workers required for various jobs and professions, with the exception of secretary positions, pursuant to a request submitted to the General Directorate of Passports or a municipal branch or division thereof. The following documents must be attached to such request:

1. Approval from the competent General People's Committee secretary or party holding the competencies thereof with regard to the aforementioned national bodies, or approval of the company official for foreign companies and establishments.
2. A list of the workers required stating the name, surname, nationality, profession, credential, if any, and country where the worker is located. If necessary, a list of the number, nationality, and profession shall be sufficient.
3. Copy of the license issued by the competent body authorizing work in the Socialist People's Libyan Arab Jamahiriya for establishments, authorities, consulting firms, or foreign companies stating that it has entered into a contract with a public body.

Article (2)

The General Directorate of Passports or a competent municipal branch or division thereof shall issue the requested permit to recruit workers within a period not more than three days from the date the request is submitted. The concerned body shall notify the people's bureau or Libyan embassy abroad, as the case may be, of this approval in writing or by cable.

For entry permits for spouses, minor children, parents, or minor siblings in the care of a resident foreigner, the following conditions must be met:

1. The applicant must have a valid residency.
2. The applicant must submit official proof of marriage for entry of spouses, and proof of being the sole provider for parents or minor siblings in their care.
3. The applicant must submit proof of the capacity and ages of the resident's children.

Article (3)

Entry visas for foreigners for various official or professional duties shall be issued through embassies and people's bureaus of the Socialist People's Libyan Arab Jamahiriya abroad, by request of the concerned national body. Such visas must be issued within forty-eight hours from the date the request is submitted.

Foreign companies must attach an approval from the body these companies are working with to the application.

The application may be submitted to the competent body in the Jamahiriya which will in turn call or fax the embassy or people's bureau of the Socialist People's Libyan Arab Jamahiriya.

Article (4)

Authorization for foreigners to enter for study or transit may be granted by the Jamahiriya's embassies or people's bureaus abroad, provided the following:

1. For study, applicants must have obtained a scholarship from the competent entity at the Education Secretariat to study in the Jamahiriya.
2. For a visa to transit through Libyan territory, applicants must have obtained a travel ticket and entry visa for the destination country.

Article (5)

People's bureaus and consular divisions abroad as well as the General Directorate of Passports or a branch thereof shall issue tourist and visitor entry visas. Entry visas for those prohibited from entry for any reason shall be restricted to obtaining permission to enter from the General Directorate of Passports or a branch thereof.

Article (6)

In emergencies and at the request of a public administrative body, entry visas may be issued at ports of entry for official or professional duties or work, and these visas may be issued to citizens of countries that have an agreement in force with the Jamahiriya concluded for this purpose.

Article (7)

Tourist, visitor, and transit entry visas may be extended for a period of not more than three months. Foreigners must complete the procedures for a work residency visa, if desired, within this period or leave the country.

Article (8)

Approval for work and residency throughout the work period shall be issued for workers at administrative units in accordance with employee regulations in contracts or pursuant to special international agreements. Approval shall be for a period of three years, unless a shorter period is requested, for workers at publicly-owned companies and establishments and for foreign companies and firms and other bodies, without need for approval from the competent public service body, provided the following documents are submitted:

1. Copy of the appointment decision from the competent authority or copy of the contract entered into for workers in administrative units as well as public companies and establishments, provided the decision or contract states the nationality, work start and end date, profession, and academic credentials, if any, of the concerned party.
2. Approval of the competent official for workers at foreign companies and other foreign entities.
3. Tax registration certificate for workers at all entities except public administrative units.
4. Approval of previous employer in the Jamahiriya or exit visa for those who have a previous service period for another employer.
5. Application form for issuance of a first-time residency.

Article (9)

Residencies shall be renewed by the same procedures set out herein, provided approval from one of the bodies set out in paragraphs (a) and (b) of this Article is attached to the residency renewal form.

Article (10)

First-time residency visas must be issued within ten days from the date the application is submitted to the competent passport body, and renewed within a period of not more than four days.

Article (11)

Work residency visas for foreigners authorised to enter the country for the purposes of official or professional duties, tourism, visit, to join family, or transit may be issued, under the same procedures set out in the preceding articles.

Article (12)

After completion of their services and issuance of an exit visa, foreigners may not reside in the country for a period of more than sixty days, starting from the day following the date they complete their service, unless they find work at another entity or have a legal excuse deemed convincing by the competent passport body.

Article (13)

Those accompanying a resident foreigner are entitled to obtain a residency visa consistent with a dependent residency.

Article (14)

Special residency visas shall be issued after the legal terms are met by the General Directorate of Passports, in accordance with the justifications it deems appropriate.

Article (15)

A five-year residency shall be issued to foreigners married to a citizen. Such residencies shall be automatically renewable.

Article (16)

A single-use exit and return visa shall be granted to foreigners residing for work without being required to submit proof of payment of all obligations related to housing rental, taxes, insurance, electricity, water, telephone, registration fees and the like. Submission of approval of the applicant's exit from the entity with which they are contracting shall be sufficient for issuance of this visa. Foreigners shall be required to submit proof of their payment of these amounts upon submission of an application for a final exit visa. Labour bodies or the entities contracting with foreign companies must undertake the measures required to ensure these amounts are obtained in the manner it deems appropriate and transfer them to the bodies to which they are due.

Article (17)

Multiple-use six-month exit and return visas may be issued to citizens and foreigners whose nature of work requires such, based on the approval of the competent secretary of the General People's Committee or secretary of the General People's Committee in the municipality for administrative units and public companies and establishments, and the approval of the company official for foreign companies.

Article (18)

Foreigners who have not completed their work residency procedures may be granted an exit and return visa provided they complete the remaining residency procedures immediately upon their return.

Article (19)

Exit and return visas for foreigners shall be extended by an embassy or people's bureau of the Jamahiriya or competent passport division on condition that the residency visa remain valid, at the employer's request.

Article (20)

Workers' savings shall be transferred by banks operating in the Jamahiriya at the legally stipulated rates upon submission of a contract stating the net salary or wages.

Workers at administrative units may complete the transfer by submission of a letter from the employer stating the net income.

Banks shall take into consideration the final exit visa issued to foreign workers in transferring their savings without need for any other documents.

Article (21)

Entry visas shall not be issued to the following categories, except by approval of the General Directorate of Passports:

1. Anyone who is established to enter or deal with either Israel or South Africa.
2. Beggars or homeless individuals.
3. Persons prohibited from entering the country.

Article (22)

Forms number N H V D A V attached hereto shall be approved for the submission of applications for entry visas for the Jamahiriya. Form (a) shall be in two copies; the first shall remain with the people's bureau or the embassy that issued the entry visa and the second shall be given to the foreigner to give in turn to the competent passport entity upon entry into the Jamahiriya.

Article (23)

Final exit visas shall be issued at the request of the employer after submission of proof of payment of all obligations related to housing, taxes, electricity, water, telephone, and the like.

Article (24)

The aforementioned General People's Committee Decree issued on 6 Rajab 1389 FDP, corresponding to 20 May 1980 AD, on the regulation of entry and residence of foreign workers shall hereby be repealed. Where no special provision is made herein, the regulations of Law No. (17) of 62 on foreigners and amendments thereto shall apply.

Article (25)

The competent bodies shall implement this Decree, and it shall enter into force on the date of its issue and be published in the Official Gazette.

The General People's Committee - Libya

Issued on 1 Dhu al-Qaada 1389 FDP

Corresponding to 10 September 1980 AD