Decree No. (247) of 1989 on the executive regulation of Law No. (6) of 1987 organising the entry, residence and exit of foreigners in Libya

 

General People’s Committee

Decree No. (247) of 1989

on the executive regulation of Law No. (6) of 1987

on organising the entry, residence, and exit of foreigners in Libya

 

The General People’s Committee

 

Upon review of:

  • Law No. (6) of 1987 on organising the entry, residence, and exit of foreigners in Libya;
  • General People’s Committee Decree No. (481) of 1986 on setting visa fees;
  • The proposal of the director of the General Department of Passports and Nationality in letter of 24 Jumada al-Akhera 1398 FDP corresponding to 31/01/1989 AD;

has decreed:

Chapter (1)

Determining Entry and Exit Points

 

Pursuant to Article (1) of General People’s Committee Decree No. (89) of 1997 on adding two ports of entry into the Great Jamahiriya and exit therefrom:

 

Article (1)

Entry or exit from Libyan Arab territory shall be through the following ports:

  1. Land ports:
    1. Ras Ajdir, Musaid, Ghadames, Isin, Ghat, Al Wigh, Qatrun, Al-Owainat, Kufra, Wazzin, Abu Mazid in Wadi Mardi, Al Sara in Baqarat Al Saniyah (Sabtah).
  2. Civilian airports:
    1. Tripoli International Airport, Benina International Airport, Sabha International Airport.
  3. Sea ports:
    1. Port of Tripoli, Port of Benghazi, Qasr Ahmad Port in Misurata, Port of Tobruk, Port of Derna, Port of Zuwara, Port of Khoms.
  4. Oil ports:
    1. Ra’s Lanuf Oil Port, Zuwetina Oil Port, Brega Oil Port, Hariga Oil Port, Sidra Oil Port.

Article (2)

New points of entry and exit from Libyan territory may be established and determined by virtue of decrees issued by the General People’s Committee. Any of the areas stipulated in the previous article may be closed by virtue of a proposal from the General Department of Passports and Nationality.

 

Article (3)

Entry and exit from Libyan territory is only permitted through the areas specified by Article (1) and any other areas established by virtue of the provisions of Article (2) of this decree.

 

 

 

Chapter (2)

Persons Banned from Entering or Exiting the Jamahiriya

Pursuant to Article (1) of General People’s Committee Decree No. (266) of 1994 on amending the executive regulation of Law No. (6) of 1987 on organising the entry, residence and exit of foreigners in Libya:

 

Article (4)

Foreigners belonging to the following categories may not be granted entry visas:

  1. People who have had deportation decrees issued in their regard under the provisions of Article (17) of Law No. (6) of 1987.
  2. People whose connection to criminal activity, international terrorism, or smuggling has been definitively proven, or those who belong to anti-freedom organisations or bodies.
  3. Persons bearing travel documents issued by the Zionist occupation authorities in Occupied Palestine, or those whose entry into Occupied Palestine has been proven.

Article (5)

Foreigners belonging to the following categories are banned from exiting:

  1. Persons whom competent judicial bodies have requested in writing be banned from exiting.
  2. Persons whose exit from the country will result in undermining either public security or the national economy.

Article (6)

The relevant bodies for banning foreigners from entry or exit shall provide the General Department of Passports and Nationality with the reasons for the ban and the complete information regarding the person whose entry or exit is to be banned, including the following:

  1. Full name with title in Arabic and Latin language based on the nationality of the person who is to be banned.
  2. Nationality.
  3. Profession.
  4. Place and date of birth.
  5. Travel document number, date and place of issuance, and expiration date.
  6. Distinguishing characteristics and a photo of the relevant person.

Article (7)

The bodies that requested the ban must review their entries yearly. They shall notify the General Department of Passports and Nationality of the abatement of the reasons for banning from entry and exit. Failure to comply with this shall result in initiation of the procedures necessary for lifting bans as the General Department of Passports and Nationality sees fit.

 

Article (8)

Lists containing the names of foreigners banned from entry or exit shall be drafted in Arabic, with names also written in Latin letters in alphabetical order. The lists must encompass all distinguishing information about the relevant person. Copies shall be distributed to entry and exit ports as well as People’s Bureaus.

Names shall be added to ban lists by virtue of a decision issued by the General Department of Passports and Nationality. The lists are to be considered secret and circulating them is prohibited.

 

Article (9)

Deportation decisions shall be issued specifying the date and place of departure in accordance with the provisions of Article (17) of aforementioned Law No. (6) of 1987.

If the decision does not specify a specific time or place of departure, the foreigner may choose a place of departure provided he be given a maximum departure limit of 15 days from the date the decision is issued.

In all cases, the competent passports body shall be responsible for implementing and overseeing the decision if the foreign deportee fails to abide by its provisions.

 

Article (10)

After a deportation decision has been issued, the foreigner’s name must be added to the list of people banned from entry.

 

Chapter (4)

Rules and Procedures of Entry and Exit Visas

 

Article (11)

Visa types shall be the following:

  1. Single entry visa.
  2. Multiple entry visa.
  3. Collective entry visa.
  4. Transit visa.
  5. Exit and single re-entry visa.
  6. Exit and multiple re-entry visa.
  7. Residency visa.

Article (12)

Entry visas are granted for the following purposes:

Work, tourism, visit, official mission, education, joining a resident.

The visa shall be valid for a period of 45 days from the date of issue. It grants the visa holder the right to reside in Libya for a period of 90 days from the date of entry.

An extension to the residence period granted by the entry visas for tourism, visits, and official missions may be granted after expiration upon necessity. The extension shall not exceed one month for the purpose of travel after verifying a lack of any impediments to such.

 

Article (13)

The General Department of Passports and Nationality shall be responsible for granting all types of visas and extending the residence period granted by the visa. People’s Bureaus and political representation delegations abroad shall be responsible for granting entry visas for the purposes of tourism, visits, official missions, and transit visas.

The director of the General Department of Passports and Nationality may decide (according to public interest requirements) to not grant or stop the circulation of any visas stipulated in the previous article.

                 

 

 

Article (14)

Transit visas shall be granted to foreigners requesting to cross Libyan territory to reach a different country in accordance with the following conditions:

  1. He must possess a valid travel document valid for a period of no less than six months that grants him the right to return to the issuing country.
  2. He must have obtained an entry visa for the country of destination.
  3. The Jamahiriya must be a transit point to his country of destination.
  4. He must have enough money to cover the expenses during the duration of his stay in Libya and a travel ticket to the country of destination.

This visa shall be valid for a period of 45 days from date of issue. It grants the holder the right to reside in Libya for the period specified in the visa provided it not exceed 15 days from the entry date.

An extension of the visa is possible at the request of the visa holder.

Article (15)

The following shall requirements shall be observed when granting entry visas of all types:

  1. Possession of a travel document issued by the authorities responsible for issuing such documents. It must be valid for a period of no less than six months and grant the holder the right to return to the country of issue.
  2. Lack of any impediments that preclude entry.
  3. The travel document information must be translated to Arabic by the competent body in the country that issued the document.
  4. A travel ticket valid for departure and return for non-residents.
  5. He must have enough money to cover the expenses of his stay in a transferrable currency, which applies to entry visa applicants for the purposes of tourism, missions, and education.

Article (16)

Multiple entry visas shall be granted in accordance with the following conditions:

  1. A request submitted by the visa applicant clarifying the reasons for obtaining this visa.
  2. A recommendation from the public body related to the work of the foreign applicant for the entry visa.

This visa grants the holder multiple entries during the validity period contained therein. The validity period shall be three months from the date of issue.

Article (17)

The rules and procedures required for granting entry visas for the purposes of work, visits, education, official missions, joining a foreign resident, and tourism, shall be determined by virtue of a decision issued by the director of the General Department of Passports and Nationality.

 

Article (18)

People’s Bureaus and Libyan Arab political representation delegations abroad and their equivalents may extend the validity of an exit and single re-entry visa for a maximum period of one month on the basis of a request from the relevant person clarifying the rationale for the extension. The request must be submitted prior to the expiration of the existing exit and re-entry visa and his residency must still be valid.

 

Article (19)

Foreigners that have obtained residency visas and wish to permanently leave the country may be granted an exit visa valid for a period of one month. This visa shall be issued subject to the following conditions:

  1. A request to obtain the exit visa on the designated form.
  2. The employer’s approval to grant the requested visa.
  3. Proof of having settled all financial obligations with the competent bodies.
  4. Verify that there are no impediments to granting the visa.

People residing for non-work purposes as dependents of foreign residents or those residing for the purpose of education at society’s expense are exempt from the condition stipulated in Clause (3).

Article (20)

The exit and single re-entry visa shall be granted based on the following conditions:

  1. A request to obtain the visa on the designated form.
  2. The approval of the employer, with regards to residents for the purpose of work.
  3. Proof that the visa applicant has settled all outstanding financial obligations to public bodies, or the approval of these bodies to grant the visa.
  4. Verify that there are not impediments to granting the visa.

If the foreigner fails to return within the period specified in his visa, his legal right to residency shall be revoked unless he extends the visa before its expiration.

Article (21)

The exit and multiple re-entry visa shall be granted for a maximum period of six months to people who have obtained residency visas and with the following conditions:

  1. The nature of the visa applicant’s work so requires.
  2. Approval of the manager of the company, with regards to people employed in foreign companies.
  3. A recommendation from the public body related to the work of the foreigner.
  4. Proof that the visa applicant has settled all outstanding financial obligations to public bodies, or the approval of these bodies on granting the visa.
  5. Ensure the lack of any deterrents to granting the visa.

A decision regarding the granting of this visa shall be made by virtue of a decision issued by the director of the General Department of Passports and Nationality.

Article (22)

The exit and single re-entry visa shall be granted for a period of three months from the date of issue to persons who have obtained the residency visa. It may be granted for a longer period that does not exceed the residency period for the following categories:

  1. If travel is for the purpose of education.
  2. If travel is for the purpose of medical treatment, on the condition that proof is submitted.
  3. People’s Bureaus and Libyan Arab political representation delegations abroad and their equivalents may extend the exit and re-entry visa. They may also extend the visa for the categories mentioned in the previous two clauses for a period of six months if the visa holder submits proof of continuing education or treatment while their residency is still valid.

Article (23)

Subject to the provisions of Article (11) of the aforementioned Law No. (6) of 1987, persons who have entered with non-work entry visas are prohibited from engaging in any form of work without first obtaining permission from the competent bodies and settling their residency for this purpose.

Article (24)

The collective entry visa may be granted to a number of people included on a single collective travel document such as athletic teams, scouts, and tourist or research groups organized under the supervision of a specific body based on the following conditions:

  1. The number of people included on a collective travel document must not exceed fifty.
  2. The document must be valid for a period of no less than six months.
  3. The granting of this visa shall be reserved for sports and technical teams, scouts, and tourist and research trips organized under the supervision of a specific body. 
  4. Prior approval from the General Department of Passports and Nationality to grant the visa.

In all cases where there are impediments precluding someone included on the travel document from receiving a visa, that person shall be excluded.

Chapter (5)

Residency, Registration, and Housing Procedures

 

Article (25)

The residency visa shall be divided into the following:

  1. Work residency.
  2. Non-work residency for a specific purpose.

Article (26)

The work residency visa shall be granted in accordance with the period specified by virtue of the employment permit issued under the laws and regulations organising the employment of foreigners, or by virtue of a work contract issued in accordance with organising laws and regulations for employing workers under contracts.

This visa may be extended in accordance with the period specified by the renewal of the permit or employment contract, provided that it does not exceed the validity of the travel document.

 

Article (27)

The non-work residency visa is granted for the purposes of tourism, visit, mission, or education. Its holder is permitted to remain within Libyan Arab territory for the period specified in the visa unless it is extended.

The visa is granted or extended on the basis of a request by the relevant person on the form designated for this purpose – according to the case – if the granting or renewal conditions are met and with the approval of the competent passports body, provided the period found within does not exceed the validity of the travel document.

 

Article (28)

Upon granting the residency visa for work or education, the General Department of Passports and Nationality may request from the employer or guardian to provide a cash security or letter of guarantee with the necessary funds to cover the expenses of deporting the foreign worker or student to his home country.

The organising rules and procedures for providing a cash security or letter of guarantee, the cases in which such may be provided, how it shall be collected, and all other related matters shall be determined by virtue of a decree issued by the General Department of Passports and Nationality.

 

Article (29)

The non-work residency visa through dependency is granted to family members of the foreign resident. It may also be granted to his parents and minor siblings given that he provides for them and they reside with him. The visa period shall be within the residency period granted to the person on whom they depend. The visa may be extended in accordance with the extension of his visa. All of this must not exceed the validity of their travel documents.

 

Article (30)

The work or non-work residency visa may be granted for a period of five years, not exceeding the validity of the document. It may be renewed for the same period for the following categories:

  1. People who entered Libya legally and have resided in the country continuously and without interruption for a period of ten years.
  2. Full-time students residing in universities or other educational institutions in Libya. The validity of the visa shall be based on the prescribed period for the particular educational level and shall not exceed ten years.
  3. As a sign of respect to foreigners that are required due to international considerations related to the interest of Libya to remain in the country.
  4. Family members of the above categories, such as the wife, minor children, unmarried daughters, parents, minor siblings, and unmarried sisters, provided that he provides for them and they reside with him.
  5. The non-Libyan spouses and children of male and female Libyan citizens.

Article (31)

The conditions and regulations necessary for granting the residency visa shall be determined by virtue of a decree issued by the director of the General Department of Passports and Nationality.

 

Article (32)

The residency permit shall be granted to foreigners that have obtained a residency visa. The permit shall contain the personal information of the holder, his picture, residency date of issue, and expiration date. It shall be issued on the designated form and a request for the permit shall be submitted on the designated form within one month of the residency date of issue. The following categories are exempt from obtaining a permit:

  1. Persons who have legal residence for a period that does not exceed three months.
  2. Persons who have legal residence as dependents of a foreign resident who are under sixteen years of age.

Article (33)

The residency permit shall be valid for the residency period as specified therein on the basis of the residency visa granted to its holder. It shall be renewed upon renewal of the residency and for the same time period.

 

Article (34)

Foreigners applying for an exit visa to remain outside of the country for a period of time that does not exceed three months are required to submit their residency permit as part of the visa application papers in exchange for a receipt. Upon his return and after completing the registration procedures, they must request that the permit be returned if the residency visa is still valid.

 

Article (35)

Any foreigner entering and residing in the country is required to proceed to the nearest passports authority for registration and specification of his place of residence. This must be done using the designated form within seven days of his date of entry.

 

Article (36)

Anyone who shelters or houses foreigners in any capacity is required to inform the nearest passports authority of the foreigners he is housing as well as their departure within 48 hours on the designated form for this purpose. The competent passports authority must take the necessary procedures within their mandate in accordance with the regulations specified by the director of the General Department of Passports and Nationality.

 

Chapter (6)

Fees and Exemptions

 

Article (37)

Visa fees shall be the following:

  1. (5) five LYD                                 Transit visa                            
  2. (2) two LYD                                             Transit visa extension
  3. (5) five LYD                                 Entry visa for tourism, visits, and tasks
  4.  (3) three LYD                              Entry visa for tourism, visits, and tasks extension
  5. (20) twenty LYD                          Entry visa for work
  6.  (3) three LYD                              Collective entry visa per person
  7. (10) ten LYD                                Residency visa for the categories stipulated in Article (30)
  8. (8) eight LYD                               Extension of residency visa for categories in previous clause
  9.  (5) five LYD                                Temporary residency visa or renewal
  10. (5) five LYD                                 Exit visa
  11.  (5) five LYD                                Exit and re-entry visa for a period not exceeding 3 months
  12. (20) twenty LYD                          Multiple entry visa
  13.  (20) twenty LYD                         Exit and multiple re-entry visa
  14. (2) two LYD                                 Exit and re-entry visa extension
  15. (5) five LYD                                 Expediting fee
  16.  (5) five LYD                                Registration within a week fee
  17. (5) five LYD                                 Granting a residency permit
  18. (2) two LYD                                 Residency permit validity extension

Article (38)

The following categories are exempt from paying the fees stipulated in the previous article:

  1. Children under sixteen years of age.
  2. State guests invited to attend meetings, panels, conferences, or those in official visits.
  3. People exempt by virtue of international treaties.

In all cases, the principle of reciprocity shall be applied.

Chapter (7)

General Provisions

 

Article (39)

Necessary records, forms, permits, applications, and notifications shall be determined by virtue of a decree issued by the director of the General Department of Passports and Nationality. The General Department shall be responsible for printing these documents and distributing them to requesting parties in exchange for a specified sum of money allocated for this purpose. The sum of money shall be determined for each of these forms and papers by virtue of a decision issued by the director and shall not exceed the cost.

 

Article (40)

The director of the General Department of Passports and Nationality may delegate to the presidents of branches and offices some of the competencies assigned to him by virtue of the aforementioned Law No. (6) of 1987 and of this decree.

 

Article (41)

Upon completion of the implementation of a foreigner’s sentence for a felony, or a misdemeanour of moral turpitude or undermining national security, penal institutions must inform the General Department of Passports and Nationality in writing so that it may take the measures to deport him from the country.

 

Article (42)

The exit and re-entry visa may be granted to people who were not able to obtain residency provided their status is settled upon return. This shall be in the narrowest scope and for justifications accepted by the director of the General Department of Passports and Nationality.

 

Article (43)

An entry or exit visa my only be granted to persons included on a travel document in the presence of the document’s primary holder.

 

Article (44)

People who are forced by extenuating circumstances to enter the country from other than the legal entry points stipulated in Article (1) of this decree may have their status settled (upon the approval of the director of the General Department of Passports and Nationality).

 

Article (45)

The aforementioned decree on organising the entry and residence of foreigners in Libya of 1962 shall be repealed. General People’s Committee Decree No. (481) of 1986 on determining visa fees shall be repealed. Any provision contrary to the provisions of this decree shall be repealed.

 

Article (46)

This decree shall be published in the Official Gazette and shall enter into force from its date of issuance.

 

General People’s Committee – Libya

 

Issued on: 23 Rajab 1398 FDP

Corresponding to: 01/03/1989 AD