WORK PERMIT FOR WORKING IN THE RM FOR FOREIGNERS

A work permit is a document on the basis of which the domestic or foreign employer concludes an employment contract, in accordance with the provisions of Law on employment and work of foreigners. The work permit shall be issued for a definite period of time of up to one year (a work permit issued for a definite period of time of up to one year shall be a renewable or permanent form of a work permit, which allows the foreigner free access to the labor market during its validity period) or for an indefinite period of time (an application for a work permit valid for an indefinite period of time may be submitted by a foreigner who possesses a permit for permanent residence in the Republic of Macedonia and a person who has been recognized the status of a refugee). An important element to employment, self-employment or working in Republic of Macedonia by a foreigner is having a temporary residence permit for work purposes issued by the Ministry of Interior or a work permit issued by the Employment Service Agency of the Republic of Macedonia and regulated residence on any other ground in the Republic of Macedonia. The employers who employ the foreigner shall be obliged to register the commencement and the termination of the work performed by foreigners.

Also, in the procedure for granting a temporary residence permit for work purposes in accordance with the law, the Employment Service Agency of the Republic of Macedonia shall issue an opinion based on quota fulfillment and the current needs of the labor market in the Republic of Macedonia; and performs control whether the employment of the foreigner shall have negative influence on the labor market, especially over the domestic state of unemployment, employment structure or the needs for creating new jobs. The following documents are attached to the request for issuing opinion on employment or self-employment of foreigner:

1) Proof on fulfilling the employer’s conditions:

–       Proof on registration or entry in the Central Register of Republic of Macedonia,

–       Explanation as to the needs for employing a foreigner,

2) Proof on fulfilling the foreigner’s conditions:

–       Document certifying as to the foreigner’s identity,

–       Proof of suitable education, professional skills, references, certificates issued by the relevant authority in its native country or references for completed professional training,

–       Document issued by a relevant Macedonian authority for fulfilling the special conditions when employment, established by law;

The request for issuing opinion on the foreigner’s work, employed in a foreign company who is directed to Republic of Macedonia for providing services by a foreign trade company which provides services in its own name and on its own behalf based on a an agreement  concluded with a Macedonian client, is accompanied by the following documents:

–       Proof on relevant registration as legal entities of both contracting parties,

–       Proof on confirming the employee’s identity;

–       Proof that the employee is employed and registered in the mandatory social insurance by the foreign employer at least one year;

–       Contract for performing services for the client, which has registered activity in Republic of Macedonia;

–       Schedule for performing the work.

The Employment Service Agency shall adopt a decision on issuance of work permits and extension of work permits determined by this Law. The decision shall be adopted within a period of five working days as of the day of submission of the application with the necessary documents. The foreigner shall have the right to file an appeal against the decision of the Employment Service Agency, as a first instance body, rejecting the foreigner’s application for work permit, with the Ministry of labor and social policy within eight days as of the day of receipt of the decision.

A work permit application may be submitted in the Employment Service Agency or in another premises determined by the Employment Service Agency by a foreigner who has regulated the stay in the country on another ground. The application shall contain data on the foreigner, his qualification structure (the specialty of the worker), and data on the type of work he wants to engage. An opinion from the Ministry of Interior shall not be needed to be provided for the application submitted to the Employment Service Agency, provided that the foreigner has previously regulated the stay in the Republic of Macedonia on another ground.

Work permit may also be issued to:

1.1. A close family member of Macedonian citizens who possesses a valid temporary residence permit for work purposes (spouse, children of up to 18 years of age who are not married; spouse’s children of up to 18 years of age who are not married; children over the age of 18 who are not married and their parents who a Macedonian national is obliged to support in accordance with law of the country whose resident he is; children over the age of 18 who are not married and the parents of the spouse who the spouse of the Macedonian citizen is obliged to support, in accordance with the law of the country whose citizen he is; and parents of Macedonian citizens up to 18 years of age) who holds a valid temporary residence permit for work;

1.2.            A close family member of a foreigner (a spouse; minors of up to 18 years of age of the foreigner who are not married; minors of up to 18 years of age of the spouse who are not married; parents of a minor foreigner; and adult unmarried children and parents of the foreigner or spouse who the foreigner or the spouse is obliged to support, in accordance with the law of the country whose citizen he is) who possesses a work permit for an indefinite period of time;

1.3.            A foreigner originating from the Republic of Macedonia or his successor up to third generation who does not have a Macedonian citizenship;

1.4.            A foreigner who resides in the Republic of Macedonia on the basis of a temporary residence permit for work purposes for the purpose of reuniting the family;

1.5.A foreigner asylum seeker whose application for recognition of the right to asylum has not been decided within a period of one year, upon the expiry of the period of one year (the work permit shall be issued for a period of three months with a possibility of extension);

1.6.            A foreigner who has been recognized the status of a refugee;

1.7.A foreigner under subsidiary protection;

1.8.            A foreigner under temporary protection;

1.9.            Victims of human trafficking who have been granted a temporary residence permit for work out of humanitarian reasons for as long as the temporary residence permit is valid.

The work permit shall cease to be valid:

–       Upon the expiry of the validity of the work permit;

–       Upon the expiry of the validity of the residence permit;

–       If the foreigner renounces his work permit;

–       If the foreigner is granted citizenship of the Republic of Macedonia;

–       In case of death of the foreigner.

 

*Services provided by foreigners based on registration of the work

o    Creative services in the field of culture

The foreigners who provide creative services by themselves in the field of culture as participants in cultural workshops, meetings, colonies, and other cultural events or as reporters of such events, as creators and adapters in the field of music, music performances, folk-dances, ballet, and literature works, photography, video, film and electronic media art, as supporting staff for instructors, reporting and organizational and technical staff, and as experts in the field of protection of cultural heritage, library science, archive and creative cultures, and who do not stay in the country for more than seven days, shall be obliged, depending on the place of provision of the creative services, to obtain a previous consent from the Ministry of Culture, the Ministry of Economy, the Agency of Youth and Sports, or the unit of local self-government on the territory of which the cultural event takes place. A plan and a program of activities that the foreigners are to implement, a list of previously implemented activities and a short CV of the foreigners, and an invitation to participate or a contract concluded with the organizer or the client for the service should be attached to the request for consent submitted by the organizer or the clients for the service. The circuses and the entertainment parks shall be an exception which, for the purpose of regulating their stay, should be granted a consent by the municipality which has approved their installation on their territory. The requirement for provision of such services shall be the registration of the work with the Employment Service Agency. The organizers or the clients for the service shall be responsible for registration of the work with the Employment Service Agency in the place where the service should be provided or, if the work is performed on a number of locations, in the place where the organizer’s or client’s head offices are located. These services do not require work permit if provided several times based on a work registration certificate, but up to 30 days within one calendar year the most.

o    Services related to commercial fairs

Foreign workers posted to a country for the purpose of installing, mounting and displaying equipment and items for commercial fairs and exhibitions participated by their employer, shall not need to obtain a work permit, provided that they complete their services within the period that do not exceed the duration of the commercial fair. In such instances, the foreign employer displaying its products and items in a display window shall be obliged to register the work performed by the foreigners with the Employment Service Agency in the place the service is to be provided.

o    Short-term services provided by foreigners

The work permit shall not be required in the following instances:

1.       Where the services provided by foreign workers are related to supply of goods and installation of machines, devices and equipment, where the service provider gives initial instructions to the client’s staff and where the services are accompanied by dismantlement of machines, devices and equipment;

2.      Where regular services related to maintenance are required, provided that such services are agreed upon under the contract for purchase of machines, devices or equipment and provided that they are rendered by workers employed by the manufacturer or the legal entity authorized by the manufacturer;

3.      Where, under the contract for purchase of machines, devices or equipment from abroad, the supplier is obliged to determine the faults of the machines, devices or equipment purchased at its own cost; and

4.      Where the work lasts up to 60 days the most and the person responsible for registration registers the work performed by the foreigners.

The person who is responsible for registration of the beginning of the work of the foreigner should be a local client to whom the foreign employer and its workers or the foreigner as a natural person provide services. These services may be provided several times during the year based on a a work registration form, but up to 60 days in one calendar year at the most.

*Reside for study purposes

The foreigners residing in the Republic of Macedonia for the purpose of studying may perform short-term or ancillary activities without a work permit, provided that the total period for the performance of such activities is no longer than 10 working hours during the week. The condition for performance of short-term or ancillary activities, in accordance with the paragraph of this Article, shall be registration of the work with the Employment Service Agency. Persons responsible to register the work in the Employment Service Agency shall be the organizer, the clients or the employer in the place where the work should be performed. The employer shall be obliged to cover the costs for social insurance of the foreign students for the period during which the short-term or ancillary works are performed.

o    Emergency services

If, at request of a local client which may be a trade company, a state body, local self-government units, and the City of Skopje or an authorized organization, it is necessary to immediately obtain services by a foreign provider for the purpose of establishing or preventing economic damage or other consequence of natural disasters or other disasters or breakdowns, or carrying out rescue operations or taking measures necessary to prevent the threats to people’s health, or during special diagnostics, that is, inspection of aircraft, it shall not be necessary to obtain a work permit for the foreign workers or for the suitably qualified foreign individuals. In such instances, the client for whom the services are intended should register the service within a period of three days as of the day of arrival of the foreigners in the country, the work that they perform with the Employment Service Agency in the place where client’s head office is located. The provision of these services must not last longer than 30 days. If longer presence of the foreigners is needed, the client must require a work permit for the registered foreigners, which shall be issued regardless of the situation and the conditions at the labor market.

 

TEMPORARY RESIDENCE PERMIT

A temporary residence permit can be issued to a foreigner who intends to stay in the Republic of Macedonia longer than three months or for the following reasons:

–       Work;

–       Attending school or studies;

–       Participation in international student or pupil exchange programs;

–       Specialization, vocational education or practical training;

–       Scientific research;

–       Accommodation in facilities for elderly;

–       Medical treatment;

–       Family reunification or

–       Humanitarian reasons.

The permit for temporary residence in the Republic of Macedonia, except the work permit, may also be issued to:

–       A foreigner who is a close family member of a citizen of the Republic of Macedonia,

–       A foreigner who is from the Republic of Macedonia by origin,

–       A foreigner’s child born in the Republic of Macedonia, or

–       A foreigner resident of a member state of the European Union or the Organization for Economic Co-operation and Development (hereinafter: OECD) who has acquired the right of ownership of an apartment, a residential building, and a house on the territory of the Republic of Macedonia under the conditions determined by law, in the amount of at least Euro 40.000.

The foreigner who is granted a temporary residence for a specific purpose can stay in the Republic of Macedonia only for the purpose for which his/her residence is granted.

-Requirements for issuing temporary residence permit

A foreigner can be issued a permit for temporary residence in the Republic of Macedonia, provided that he/she:

–       Possesses livelihood means, that is his/her livelihood is ensured in any other legal way;

–       Has ensured accommodation or has means for accommodation;

–       Has a health insurance;

–       Fulfills the requirements provided for different types of temporary residence permits, and

–       There are no grounds for entry denial.

A foreigner who is under 18 and intends to stay in the Republic of Macedonia unaccompanied by his/her parent, that is a guardian, apart from fulfilling the requirements stipulated above, must submit a certified permission by his/her parents, that is guardian for stay in the Republic of Macedonia.

A temporary residence permit shall be issued based on an application made by a foreigner who intends to stay in the Republic of Macedonia, which shall be submitted to the diplomatic and consular mission of the Republic of Macedonia abroad or to external service providers. As an exception, for humanitarian reasons as well as in other cases determined by Law, the application for issuance of temporary residence permit may also be submitted to the Ministry of the Interior.

The following documents must be attached to the application made by the foreigner:

–       Proof (data) that he/she possesses livelihood means, that is his/her livelihood is ensured in any other legal way;

–       Proof on provided accommodation or has means for accommodation;

–       Proof on health insurance;

–       Proof for fulfilling requirements for temporary residence permit due to various reasons prescribed by law;

–       Valid and recognized travel document or notarized copy thereof valid for at least three months more than the period of his/her stay in the Republic of Macedonia;

–       Proof of criminal records;

–       Proof that there are no criminal proceedings against the foreigner in the country whose citizen is or in the country residing in or where he/she submits the application for issuing residence permit and

–       One 3 x 3.5 cm photograph.

*Livelihood means necessary for issuing temporary residence permit are: foreigner’s bank account statement in Republic of Macedonia or in a bank abroad; certificate from a relevant authority or legal entity regarding the salary amount or foreigner’s scholarship, as well as any other document undoubtedly certifying the existence of funds necessary for livelihood.

* Proof on provided accommodation necessary for issuing temporary residence permit, in terms of this Rulebook is owning real estate on Macedonian territory according the law, notarized agreement for purchase of an apartment, as well as existence of financial means which will enable suitable accommodation in Republic of Macedonia.

* Proof that the foreigner holds health insurance necessary for issuing temporary residence permit, in terms of this rulebook, is a copy of the health identification book, as well as a certificate from the health institution for treating the foreigner.

The Ministry of the Interior shall decide upon the foreigner’s application for issuance of a temporary residence permit by a decision and the decision shall be delivered to the foreigner through the diplomatic and consular mission of the Republic of Macedonia abroad where the foreigner has submitted the application. Where the foreigner fulfills the requirements for issuance of a temporary residence permit as determined by this Law, the Ministry of the Interior shall adopt a decision on granting a temporary residence to the foreigner within a period of 30 days and the foreigner, who has been issued a decision on granting a temporary residence, shall be issued a temporary residence permit by the Ministry of the Interior upon his/her entry into the Republic of Macedonia. The foreigner must obtain a decision granting a temporary residence in the Republic of Macedonia prior to his/her first entry in the Republic of Macedonia.

A temporary residence permit for the purposes of work shall be issued on the basis of an application submitted by the foreigner, by the legal entity with which the foreigner is to conclude an employment contract or by a person authorized by the foreigner, and which may also be submitted in the Ministry of Interior of the Republic of Macedonia. The temporary residence permit for the purposes of work may be issued to a foreigner if the employment agency of the Republic of Macedonia issues a positive opinion that the foreigner meets the requirements in accordance with the law, unless otherwise determined by a ratified international agreement. The foreigner to whom a temporary residence permit for the purposes of work in the Republic of Macedonia is issued may carry out only the work for which the permit is issued.

*PERMANENT RESIDENCE PERMIT

Permanent residence permit shall be issued to a foreigner who, prior to the submission of an application for a permanent residence permit, has stayed on the territory of the Republic of Macedonia for an uninterrupted period of minimum five years based on a temporary residence permit. The requirement for an uninterrupted five-year period of stay in the Republic of Macedonia shall be deemed as fulfilled if within the period of five years prior to the submission of the application for permanent residence the foreigner does not stay out of the territory of the Republic of Macedonia for a period of subsequent six months or for a total period not exceeding ten months.

The permanent residence permit shall not be issued to a foreigner who has stayed in the Republic of Macedonia:

–       On the basis of a temporary residence permit for the purpose of attending school or studies,

–       On the basis of a temporary residence permit for the purpose of participating in international pupils or student exchange programs,

–       On the basis of a temporary residence permit for the purpose of specialization, vocational education or practical training,

–       On the basis of a temporary residence permit for the purpose of scientific research,

–       On the basis of a temporary residence permit for the purpose of medical treatment,

–       On the basis of a residence permit for humanitarian reasons,

–       On the basis of temporary protection,

–       As a recognized refugee or an asylum-applicant for whose application there is no final decision in the procedure defined by law, and

–       On the basis of a legal statute regulated by the 1961 Vienna Convention on Diplomatic Relations, 1963 Vienna Convention on Consular Relations or Vienna Convention on the Representations of States in Their Relations with International Organizations of a Universal Character.

If you need any further information and advice regarding the published, please feel free to contact us here.

Source of the published regulations: www.slvesnik.com.mk

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