Law No. (17) of 1962 on the entry and residence of foreigners in Libya, and their exit therefrom

Law No. (17) of 1962

on the entrance and residency of foreigners in Libya and their exit therefrom

We, Idris I, King of the United Kingdom of Libya,

Upon the approval of the Senate and House of Representatives, hereby ratify and enact the following Law:

Part (1)

General Rules

Article (1)

In the application of this Law, anyone who does not hold citizenship of the United Kingdom of Libya shall be deemed to be a foreigner.

Article (2)

A foreigner may not enter, remain in, or leave Libyan territory without a proper visa obtained in accordance with the provisions of this Law, issued on a valid passport issued by the competent authorities in their country or any other recognized authority, from the Immigration and Foreigner Control Division, or on a travel document issued by said authorities and authorizing the holder the right to return to the issuing country.

Article (3)

Entry and exit from the territory of the United Kingdom of Libya shall only be from the locations designated by a Cabinet decree and with the permission of the competent employee, which shall be marked on the passport or travel document.

Article (4)

Upon arrival to or departure from Libyan territory, pilots of ships or aircraft must submit to the competent official at the Immigration and Foreigner Control Division Office a list with the names and information of the crew and passengers of their ships or aircraft. They shall notify said Office of the names of passengers who do not have entry or transit visas on valid passports, and prevent them from disembarking from the ship or plane except by written permission from said Office.

Part (2)

Types of Visas

Article (5)

The following visas shall be issued pursuant to this Law:

1. Entry Visa: Issued to foreigners permitting them to enter Libya for the purposes stated in the visa and allowing them to remain in Libyan territory for a maximum period of three months.
2. Transit Visa: Issued to foreigners allowing them to cross Libyan territory to the territory of another country.
   This visa allows the holder to remain in Libyan territory for a maximum period of fifteen days.
3. Exit Visa: Issued to allow foreigners to exit the country.
4. Special Residency Visa: Issued to foreigners from the following categories, allowing them to reside in Libya for a renewable period of ten years.

1. Foreigners who entered the country legally and have continuously resided in Libya for a period of at least ten years from the date the Libyan constitution was issued.
2. Foreigners who have continuously resided in Libya for a period of at least five years prior to when this Law enters into force, who entered the country legally for the purposes of capital investment benefiting the national economy.

5. Ordinary Residency Visa: Issued to foreigners who wish to make large capital investments in Libya and who engage in activities benefiting the national economy, allowing them to reside in Libya for a renewable period of five years, after consulting the Minister of National Economy.
6. Temporary Residency Visa: Issued to foreigners who do not meet the requirements for the special or ordinary residency visa, allowing them to reside temporarily in the United Kingdom of Libya for a maximum renewable period of one year. This visa may be for the length of the work term for foreigners working with the federal government, states, public authorities, for members of the diplomatic and consular corps, the United Nations, and other international organizations, and for experienced foreigners authorized to work with private institutions and individuals.

Article (6)

Multiple entry visas may be issued to facilitate travel for foreigners who hold residency visas whose work requires frequent travel abroad.

This visa shall be valid for a maximum period of one year and shall only be issued based on a recommendation from a governmental authority whose activity relates to the foreigner’s work.

Article (7)

Group entry visas may be issued for each group of tourists numbering at least ten and no more than fifty, on a group passport issued by the competent authorities of their country, provided that it include their names, nationalities, and photograph. This visa may be issued on the lists prepared by the tourism company and approved by the competent official authorities on condition that each individual carries their own private passport in order to enable the obligatory review and comparison of the data recorded on the lists with the passport.

Part (3)

Registration of Foreigners

Article (8)

Within a week of entry, all foreigners who enter Libya must register their name and the names of the family members residing with them at the Immigration and Foreigner Control Division Office or police station in their location. They must submit a declaration of their personal status, the objective of their presence, length of authorized residency, place of residence, place chosen for their ordinary residence, the date they started residing there, and any other information contained in the form prepared for such purpose, and shall present any supporting documentation they have for this information, in particular documents proving their identity.

In the application of this paragraph, “family members” shall mean the relatives of a foreigner who were issued a visa based on said foreigner’s visa.

Article (9)

All foreigners who want to change their place of residence shall notify, in writing, the Immigration and Foreigner Control Division Office or police station in whose jurisdiction they reside of their new address.

If moving to a state other than the one in which they reside, they must also submit a declaration to the Immigration and Foreigner Control Division Office or police station in the location they move to, within three days from the date of arrival.

The police station to whom the aforementioned notice or declaration is submitted shall send it immediately to the Immigration and Foreigner Control Division Office.

Article (10)

Managers of hotels and other public residences, and anyone who lodges a foreigner or provides them housing in any form shall submit to the Immigration and Foreigner Control Division Office or police station in whose district they reside within forty-eight hours of the arrival of any foreigner, a statement with the foreigner’s name, the names of the family members residing with them, and other information included in the form prepared for such. They shall also notify said Office or station of the foreigner’s departure from their place of residence within forty-eight hours. Police stations shall notify the Immigration and Foreigner Control Division Office of each statement or notification immediately upon the submission thereof. Foreigners who present the aforementioned data to a manager of a hotel or public or private place shall be exempted from the obligation of submitting the information under Article (8).

Article (11)

During their residency period in Libya, all foreigners must, upon request, present themselves to the Immigration and Foreigner Control Division Office or competent police station on the designated date and provide any information or submit any papers requested. In the event of loss, damage, or expiration of a passport or travel document, foreigners shall immediately report such to the Immigration and Foreigner Control Division Office or nearest police station, and this station shall immediately notify said Office of the report.

Part (4)

Residency Cards and Conditions

Article (12)

All foreigners granted a residency visa shall present themselves to the Immigration and Foreigner Control Division Office within a month from the date the visa is issued with a request to obtain a residency card containing their name, nationality, photograph, passport number and expiration date, and the issue date and issuing body of both the passport and the visa.

Foreigners must show this card to any members of the police or employees of the Immigration and Foreigner Control Division Office, if requested, while on duty, and they may, if necessary, hold this card temporarily, provided they give the holder a receipt of such.

This Article shall not apply to foreigners holding a temporary residence visa for a period not more than three months or to a foreigner’s family members under sixteen years of age.

Article (13)

The residency card set out in the preceding paragraph shall be valid for a period of five years for foreigners holding special or ordinary residence visas. Cards for foreigners holding temporary residence visas shall be valid for a maximum period of one year or the period of their residence, in accordance with Article (5.6).

Cards shall be renewable within the authorized residency period.

Article (14)

Wives, minor children, unmarried daughters, and dependent parents of foreigners shall have the right to the same residency issued to said foreigner.

Article (15)

All foreigners with children born in Libya shall report their name within ten days from the date of birth to the Immigration and Foreigner Control Division Office or police station in the area where the foreigner is. Police stations where the notification is submitted shall immediately report it to the Immigration and Foreigner Control Division Office.

Foreigners must also notify said body of any changes in the information they previously provided, including any changes related to their personal status and the purpose of their residence.

Article (16)

Foreigners authorized to enter or reside for specific purposes may not violate this purpose, unless they obtain written permission for such from the director-general of the Federal Police, based on a submission from the head of the Immigration and Foreigner Control Division Office.

Article (17)

Anyone employing a foreigner must submit a declaration of such to the Immigration and Foreigner Control Division Office within three days from the time the foreigner begins work. Upon completion of their service, they must notify said Office of such within three days from the date their service ends.

Employers must submit this declaration themselves or via registered mail.

Article (18)

No one who has been granted a special residency or ordinary residency permit may be absent outside the United Kingdom of Libya for a period of more than six months. Foreigners who are absent to study in foreign schools, institutes, and universities [or] for treatment shall be excepted from this if they submit proof of such using official certified certificates. Holders of temporary residencies may not be absent outside of Libya for a period exceeding the authorized residency term.

Violation of this Article shall result in the forfeiture of the foreigner’s right to their authorized residency.

Article (19)

Any foreigner who departs Libyan territory for a period of more than three consecutive months must submit a card to the Immigration and Foreigner Control Division Office in exchange for a receipt stating such. Upon return, whatever the period of absence, they must register their name in accordance with Article (8) and request the return of their card.

Part (5)

Deportation of Foreigners

Article (20)

Visas may be cancelled and foreigners deported from the country at any time in the following cases:

1. 1. If a foreigner’s presence threatens national security and safety, the national economy, public health, or public morals, domestically or abroad, or is a burden on the state.
   2. If they are convicted of a felony or a crime of moral turpitude, breach of trust, or breach of public security.
   3. If they violate the conditions imposed when the visa was issued or extended.
   4. If the reason for which they were issued the visa is no longer valid.

Article (21)

Entry, transit, and temporary residence visas shall be cancelled pursuant to a decree from the director-general of the Federal Police, based on the submission of the head of the Immigration and Foreigner Control Division Office, after obtaining the approval of the prime minister. Special and ordinary residency visas shall be cancelled pursuant to a decree from the prime minister after consulting the deportation committee, which shall consist of the director-general of the Federal Police as chairman, and the director of the Immigration and Foreigner Control Division or representative thereof and a delegate from the Ministry of Foreign Affairs as members. The committee may seek the assistance of a member of the Department of Legislation and Lawsuits, provided their vote is not counted.

Article (22)

In all cases, foreigners shall be deported pursuant to a decree from the director-general of the Federal Police, based on the submission of the head of the Immigration and Foreigner Control Division in the following situations:

1. 1. If they enter the country without a proper visa.
   2. If they do not depart the country even though the authorized residency term has ended and the competent body did not approve its renewal.

Article (23)

The deportation committee shall meet at the request of its chairman. Committee meetings shall be valid only with the attendance of all members thereof. Committee decisions shall be issued by majority vote.

The committee’s decisions shall be substantiated with regard to expedited deportations. An employee of the Immigration and Foreigner Control Division delegated by the chairman shall manage the committee’s secretariat.

Article (24)

The prime minister may order the temporary detention of anyone they deem appropriate until deportation procedures are completed. Foreigners who have had a decree issued to deport them that is temporarily unenforceable may be required to reside in a specific location by the director-general of the Federal Police and to present themselves to the competent police department at the designated times until they are deported.

Article (25)

Foreigners who have been deported shall not be permitted to return to the territory of the United Kingdom of Libya except by a decree from the Cabinet.

Part (6)

Closing Provisions

Article (26)

The following matters shall be governed by special regulations issued by the Cabinet:

1. 1. Designation of locations for entry into and exit from Libya.
   2. Rules and procedures identifying the persons prohibited from departing from or entering the country, and the manner of entering and removing their names from such lists.
   3. Conditions and procedures for issuing foreigners visas and exemptions therefrom, the validity term, extension, and renewal thereof, and the deadlines for requesting such, as well as designation of the competent authorities for issuing visas and the fees collected for such, provided such fees not exceed five Libyan pounds, and instances wherein exemptions shall be made for such fees, in whole or in part.
   4. Rules and procedures for issuing and renewing residence cards, specification of their format, the data they shall contain, and the fees paid for the issuance or renewal thereof, on condition that such fees not exceed five Libyan pounds, and instances wherein [exemptions] shall be made for such fees, in whole or in part.
   5. Determination of the format and data of the forms that ship and aircraft pilots and anyone requesting a visa must fill out, as well as the declaration and notifications that foreigners must submit in accordance with this Law.
   6. Identification of the persons who must submit insurance or undertakings prior to entering Libya, and specification of the insurance or undertakings that must be submitted, as well as identification of the persons who must obtain certificates stating that they have fulfilled their financial obligations prior to departing Libya.
   7. The procedures followed in issuing, serving, and enforcing deportation decisions.

Article (27)

This Law shall not apply to:

1. 1. Accredited members of the foreign diplomatic and consular corps in the United Kingdom of Libya, as long as they engage in their work within the bounds of reciprocity.
   2. Those exempted under international agreements to which the United Kingdom of Libya is a party, within the bounds of such agreements.
   3. Anyone the prime minister decides to exempt under a special permission, for considerations related to international courtesies.
   4. Citizens of countries neighbouring the United Kingdom of Libya with regard to the entry of border areas contiguous to such countries, on condition that a special authorization called a border authorization is received, within the scope of the provisions set out in the agreements entered into with such countries.
   5. Ship and aircraft crew coming to Libya who hold sea or air tickets from their competent authorities. Such tickets must be endorsed by the Immigration and Foreigner Control Division Office at the port of airport upon entry, disembarkation onto, or departure from Libyan territory. Such endorsements do not authorize the holder to stay in the country except for the period in which the ship remains anchored in the port or the aircraft remains in the airport.
   6. Passengers of ship and aircraft that anchor or land in a Libyan port or airport who are authorized by the Immigration and Foreigner Control Division Office to disembark or remain temporarily on its territory for a period not exceeding that in which the ship remains in the port or the aircraft remains in the airport, provided such period not exceed one week. Prior to leaving, ship and aircraft pilots must notify the Immigration Office of any passenger who departed the ship or aircraft that remained behind and submit their passport to said Division Office. If not discovered until after departure, they must notify said Office of the names and nationalities of those left behind by telegram or send their travel documents by the fastest means from the first port or airport they reach.

Article (28)

Permanent residency visas issued before this Law came into force shall be treated as the special residency visas set out herein.

Article (29)

With the exception of decrees on deportation, the director-general of the Federal Police may authorize the head of the Immigration and Foreigner Control Division to exercise certain of the competencies assigned thereto in this Law.

Article (30)

Without prejudice to any penalty set out in any other law, the following shall be punishable with imprisonment for a period not more than two years, a fine not more than two hundred Libyan pounds, or one of these two penalties:

1. 1. Anyone who gives false testimony before the competent authorities or knowingly submits any incorrect information or documents in order to facilitate obtaining a entry, residence, or exit visa, for themselves or others.
   2. Anyone who enters, remains in, or exits the country without a proper visa issued by the competent authorities, in accordance with this Law.
   3. Anyone who violates the conditions set for issuance, extension, or renewal of visas.

Article (31)

Anyone who commits any other violation of this Law or the regulations issued pursuant thereto shall be punishable with imprisonment for a period not more than three months, a fine not more than thirty Libyan pounds, or one of these two penalties.

Article (32)

Public proceedings may not be filed for the crimes set out in Article (31) except by permission of the director-general of the Federal Police.

Article (33)

Without prejudice to the Criminal Procedure Code, civil employees of the Federal Police appointed by a decree from the prime minister shall have the capacity of members of the judicial police with regard to the enforcement of this Law and the regulations issued pursuant thereto.

Article (34)

Immigration Law No. (4) of 1953 shall be repealed, and any provision conflicting with this Law shall also be repealed.

Article (35)

The prime minister shall implement this Law and it shall enter into force one month after the date of its publication in the Official Gazette.

King Idris I – Libya

Issued at Dar Al Salaam Palace on 26 Dhu al-Qaada 1381

Corresponding to 1 May 1962

By order of the King

Mohammed Othman al-Said

Prime Minister