New Joint Instruction No. 196/2024, “On cooperation between the Ministry of Internal Affairs, Ministry of Economy, Culture, and Innovation, and the State Intelligence Service regarding the issuance of residence permits for foreigners” (the “Instruction”), came into effect on 22 October 2024. This Instruction, aimed at clarifying and improving coordination among public institutions, does not amend existing residence or unique permit (i.e., a residence permit issued for employment purposes that combines both the residence and work permit) procedures for foreign nationals. Instead, it reaffirms the established process, ensuring that it remains consistent while improving transparency and efficiency.
No Change to the Core Process
It’s essential to emphasize that the Instruction does not introduce new procedural steps or requirements for foreign nationals applying for residence or unique permits in Albania. The fundamental process, as set out in Albania’s Law on Foreigners and related legal frameworks, remains unchanged. Rather than creating new obligations, the Instruction enhances inter-institutional coordination, making it easier for applicants to navigate the system through streamlined steps and consolidated resources.
Simplified Submission through e-Albania Portal
The Instruction provides clear guidance on the unique permit application process, which has been already implemented in practice by the relevant authorities but is now officially clarified. The process involves three main steps: (i) approval of the employment declaration by the National Agency for Employment and Skills (AKPA); (ii) issuance of a type “D” visa (if required by the applicant’s nationality); and (iii) issuance of the unique permit by the Border and Migration Authority (Migration Authority). All these steps are now confirmed to be consolidated into a single online submission through the e-Albania portal, allowing applicants to submit all necessary documentation at once. This simplified approach ensures that employment verification by AKPA, visa issuance by the designated embassy (when required), and unique permit issuance by the Migration Authority are handled in a unified process, improving the accessibility for the applicants.
Clarifications on Criminal Record Submissions
The Instruction introduces a specific clarification regarding criminal record requirements for residence permit applications. Under the updated Law on Foreigners, a criminal record certificate is required only for applicants obtaining residence permits as digital nomads or retirees. However, under the Instruction, if an applicant discloses a prior conviction when completing the application request, they must now provide a criminal record certificate directly to the Migration Authority. Following submission, the Migration Authority consults with law enforcement authorities to decide whether to approve or refuse the residence or unique permit application.
Consideration of Late Submissions
The Instruction also provides guidance on handling applications submitted after the legally mandated timeframe, provided the foreign national’s stay in Albania remains lawful. In these cases, the Migration Authority has the discretion to consider the reason for the delay on a case-by-case basis and decide whether to accept the application and potentially impose fines where applicable. This flexibility does not alter the submission deadlines but instead provides clarity on how late applications will be evaluated under the existing legal framework.
Improved Inter-Institutional Coordination
Ultimately, this Instruction enhances Albania’s migration framework by clarifying the role of each public institution in the residence and unique permit processes, facilitating better cooperation and a more predictable experience for applicants. By reinforcing coordination without changing the procedural steps, the Instruction aims to make Albania’s residence permit system more transparent and accessible for foreign nationals.
The information in this document does not constitute legal advice on any particular matter and is provided for general informational purposes only.
By Sirius Tartari and Ermal Mema, Associates, Karanovic & Partners