Law No. (6) of 1987 organising the entry and residence of foreigners

Law No. (6) of 1987

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

 

The General People’s Congress

 

In execution of the resolutions adopted by the General People’s Congresses in their third ordinary session of 1396 FDP corresponding to 1986 AD, which were drafted by the General Forum of People’s Congresses and People’s Committees (General People’s Congress) in their twelfth ordinary session held in the period between 26 Jumada al-Akhera and Rajab 1396 FDP corresponding to 25/02 to 02/03/1987 AD.

 

Upon review of:

  • Law No. (17) of 1962 on the entry, residence, and exit of foreigners in Libya and the amendments thereof;

drafted the following law:

Article (1)

Entry and exit from Libyan territory shall be through the prescribed entry and exit areas, and with permission from the competent bodies. Entry and exit shall be with a visa in the passport or its equivalent.

Article (2)

Foreigners may enter, reside in, or exit Libyan territory provided they obtain a valid visa in accordance with the provisions of this Law. It shall be issued on a valid passport or its equivalent document by a certified competent authority. It shall grant the visa holder the right to return to the issuing country.

Article (3)

Citizens of Arab countries shall have the right to enter Libyan territory using personal ID cards. They shall enter through specified entry ports and in accordance with the rules and procedures specified by the General Directorate of Passports and Nationality.

Article (4)

Upon arrival in Libyan territory or departure therefrom, ship and airplane captains must provide a list containing the names and personal information of ship or airplane workers and passengers to the competent passport office. They shall notify the office of any passengers who lack valid entry or transit visas and prevent them from debarking or boarding the ship or airplane without written permission from the aforementioned office. Prior to departure, they shall report any passenger that debarked the ship or airplane and did not return and submit his travel document to the competent passport office. If his absence is not detected until after departure, they must inform the aforementioned office via telegram of the passenger’s name and nationality. They must send his travel document as quickly as possible from the first seaport or airport they reach.

 

Article (5)

The following visas shall be granted by virtue of this law:

a) Entry visa: Permits entry for the purpose stated in the visa for a period that does not exceed 45 days from the date of issuance. Grants the bearer the right to stay in Libyan territory for a period of three months from the date of entry.

b) Transit visa: Permits entry for the purpose of crossing Libyan territory to reach the territory of another country. Grants the bearer the right to stay in Libyan territory for a maximum of 15 days from the date of entry.

c) Exit visa: Grants the bearer permission to exit Libyan territory.

d) Residency visa: Permits the bearer to stay in Libyan territory for the period and purpose specified therein.

Article (6)

A multiple-entry entry visa may be granted, provided the nature of the foreigner’s work so requires, for a maximum period of three months from the date of issuance.

An exit and multiple-entry visa may be granted to foreigners who have obtained a residency visa. It shall be valid for the period of residency and shall not exceed six months.

The executive regulation shall determine the conditions that must be met to grant this visa.

Article (7)

A collective entry visa may be granted to bearers of a collective travel document. They must not exceed fifty people and the passport must contain photos of them and their information. The executive regulation shall determine the other conditions that must be met to grant this visa.

Article (8)

Foreigners subject to the provisions of this law shall meet the following requirements:

a) Respect the systems and laws in force in the Great Socialist People's Libyan Arab Jamahiriya.

b) Refer to the nearest passports authority to register within seven days of his arrival date. Present the relevant information and documents for himself and his family members that are granted entry visas as dependents on the form designated for this purpose.

c) Provide the information requested of him by the dates specified for him. Report the loss, damage, or expiration of his travel document.

Article (9)

Anyone who shelters or houses foreigners in any way must provide information regarding the foreigner or his companions within 48 hours of the sheltering or housing to the nearest passports office or local public security station. This shall be done on the form designated for this purpose. The police station or local public security station must notify the nearest branch or passports office of this.

Article (10)

The foreigner’s wife, minor children, unmarried daughters, and parents and minor siblings for which he provides shall be granted the same residency that has been granted to him.  

 

Article (11)

Foreigners permitted entry or residency for a specific purpose may not violate this purpose unless they have obtained written permission from the director of the General Directorate of Passports and Nationality or any persons who he has delegated to perform this task.

Article (12)

Anyone who employs a foreigner shall provide a statement thereof to the competent passport office either directly or through the postal service within seven days of the foreigner’s employment. The aforementioned office shall be notified of the completion of his service within the same period.

Article (13)

Foreigners granted residency visas must refer to the General Directorate of Passports and Nationality or one of its branches or offices within one month from the visa’s date of issuance in order to obtain a residency permit. The foreigner must present this permit to any competent employee that requests it during the performance of his job. If necessary, the employee may temporarily retain the permit on the condition that they provide the bearer with a receipt.

The executive regulation shall determine the information contained in the residency permit and its period of validity in accordance with the residency type.

The provision of this Article does not apply to foreigners that have obtained a temporary residency visa for a period that does not exceed three months, or to residents below sixteen years of age who are dependents to a foreigner.

Article (14)

A foreigner’s legal residency right shall be revoked if he is absent from Libyan territory for a period that exceeds three months. Exceptions may be made to this provision as specified by the executive regulation.

Article (15)

Any foreigner who departs Libyan territory for a period exceeding three consecutive months shall submit his residency permit to the competent passport office in exchange for a receipt. He must register upon return regardless of the duration of his absence in accordance with the provisions of Article (8), Clause (b) of this Law. He shall request that his permit be returned.

Article (16)

Residency visas granted to foreigners may be revoked at any time in the following cases:

a) If his presence threatens the security, wellbeing, economy, public health, or public morals of the nation domestically or abroad, or if he is a burden on the state.

b) If he is convicted of a felony or misdemeanour of moral turpitude or of undermining national security or integrity.

c) If he violates the conditions imposed on him upon being granted the visa.

d) If the reason for which he was granted the visa has abated.

The visa shall be revoked regardless of its period by virtue of a decree issued by the director of the General Directorate of Passports and Nationality.

 

Article (17)

Foreigners shall be deported in the following cases:

a) If he enters the country without a valid visa.

b) If he refuses to leave the country despite the expiration of his legal residency period and the refusal of the competent authority to renew it.

c) If the visa granted to him is revoked for one of the reasons specified in Article (16) of this Law.

d) If a judicial order for deportation is issued in his regard.

Deportation in cases (a, b, c) shall be by virtue of a substantiated decision issued by the director of the General Directorate of Passports and Nationality.

Article (18)

The director of the General Directorate of Passports and Nationality shall require any foreigner that is to be deported to reside in a specific destination or to go to the nearest security authority on the specified date until his deportation. The director may detain the foreigner until the completion of the deportation measures.

Foreigners that have been deported from Libyan territory are not permitted to return without a substantiated decision by the director of the General Directorate of Passports and Nationality.

                                                                       Article (19)

Without prejudice to any more severe punishment stipulated by any other law, the following persons shall be sentenced to imprisonment and fined an amount of money that does not exceed LYD 200 or either of these two punishments:

a) Anyone who give false statements before competent authorities or knowingly provides them with false information or papers in order to facilitate the entry, residence, or exit from the country for himself or another person in violation of the provisions of this Law.

b) Anyone who enters, resides in, or exits the country without a valid visa issued by the competent authorities in accordance with the provisions of this Law.

c) Anyone who violates the imposed requirements for granting, extending, or renewing a visa.

d) Anyone who remains in the country after being informed that he must depart by the competent authorities in accordance with the provisions of this Law.

e) Anyone who employs a foreigner without abiding by the provisions set forth in Article (9) of this Law. 

Article (20)

Anyone who violates any other provision of this Law or the regulations issued pursuant thereto shall be sentenced to imprisonment for a period that does not exceed three months and fined an amount of money that does not exceed LYD 100 or either of these two punishments.

Article (21)

Public employees working in the General Directorate of Passports and Nationality selected by virtue of a decree issued by the General People’s Committee shall have the capacity of judicial officers in matters concerning the implementation of the provisions of this Law and the regulations issued pursuant thereto.

 

Article (22)

The provisions of this Law shall not apply to the following categories:

a) Members of the political and consular corps and their accredited equivalents in the Socialist People's Libyan Arab Jamahiriya, provided that they perform their duties and within the limits of the principle of reciprocity.

b) Persons exempt by virtue of international treaties to which the Socialist People's Libyan Arab Jamahiriya is signatory and within the limits of those treaties.

c) Persons exempt by special permission from the General People’s Committee for political considerations or considerations related to international courtesies.

d) Ship or airplane employees arriving in the Socialist People's Libyan Arab Jamahiriya that hold sea or air travel documents issued by competent authorities with which they are affiliated. The visa shall be issued on those documents by the competent passport office in the seaport or airport and shall declare entry, residency, or exit. These visas shall not grant the bearer the right to remain in the country beyond the duration of the ship or airplane’s stay.

e) Passengers of ships or airplanes that anchor or land in a seaport or airport in Libyan territory that are permitted by the competent passport offices to disembark or temporarily remain in Libya for the duration of the ship or airplane’s stay. 

Article (23)

The executive regulation for this Law shall be issued by virtue of a General People’s Committee decree and must specifically include the following:

a) Determine the Socialist People's Libyan Arab Jamahiriya’s entry and exit ports.

b) Rules and measures for determining the foreigners banned from entry into or exit from the country and how to include or remove their names from lists designated for this purpose.

c) Deportation procedures and their implementation.

d) Conditions and procedures for granting visas to foreigners, exemptions, validity period, extensions, renewals, request dates, and specifying competent granting authorities, resulting fees, and cases of exemption from these fees in whole or in part, subject to the principle of reciprocity.

e) Rules and procedures concerning granting and renewing residency permits, determining their appearance and information contained therein, fees to be paid for granting or renewal, and cases of exemption from these fees in whole or in part, subject to the principle of reciprocity.

f) Specify the necessary records, forms, and papers for the implementation of the provisions of this Law and their money consideration.

g) Specify the persons who are required to provide securities or pledges prior to their entry into the Socialist People's Libyan Arab Jamahiriya.

h) Specify the testimonies that declare the foreigner’s completion of obligations prior to departure.

Article (24)

Law No. (17) of 1962 on the entry, residence, and exit of foreigners in Libya and the amendments thereof shall be revoked. The regulations and decrees issued pursuant thereto shall remain in force, provided they do not conflict with the provisions of this Law until they are amended or revoked.

Article (25)

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

 

            The General People’s Congress – Libya  

 

Issued on 24/Shawwal/1396 FDP

Corresponding to 20/06/1987 AD