Immigration of the labour force

IMMIGRATION IN THE REPUBLIC OF MOLDOVA OF FOREIGN CITIZENS AND STATELESS PERSONS.

 Submission of documents and issuance of decisions regarding the conferment / extension of right to work.

  Labour immigration in the Republic of Moldova of foreign citizens and /or stateless persons shall be possible when the vacancies cannot be filled from domestic human resources, in accordance with these Rules, the Law on Labour Migration, other normative acts and international treaties, which the Republic of Moldova is a party to.

The manager of the enterprise/organization/institution or its legal representative, empowered in accordance with the laws in force, shall submit to the unic window at the Bureau of Migration and Asylum of the Ministry of Internal Affairs (address: mun.Chisinau, bd.Stefan cel Mare si Sfint 124), the application for the National Employment Agency (hereinafter Nationa Employment Agency), in state language, with the annexation of the documents, stipulated in the Law on labour migration .

The documents are received by the worker of the National Employment Agency, detached at the unic window.

The worker of the National Employment Agency checks the correctness of the questionnaires, the requests and the documents presented according to the legislation in force.

In case when the documents do not correspond to the legislation in force, with illegible inscriptions, with corrections and incomplete data, the reception of these is denied.

The National Employment Agency examines the application within a period of up to 30 days after the date of registration and issues the decision on conferment/extension or the refusal on conferment or extension of the right to work.  

Invitation to work, conferment and extension of the right to work for foreign citizens.

In order to employ foreign citizens and stateless persons in the Republic of Moldova, the employer is obliged according to the Law of the Republic of Moldova nr.102 from 13.03.2003 on employment and social protection of the job-seekers, during 5 days, to register the job vacancies at the Regional Employment Agency (hereinafter referred to as the Regional Employment Agency) and to place the announcement about the job vacancies in a national newspaper or a web-page, with the information of the professions requested, the conditions of employment, the conditions of work and the offered salary.

If in 15 days the Regional Employment Agency does not identify the Republic of Moldova citizens who may fill the vacancies announced by the employer, the latter shall address the National Employment Agency in order to receive a positive notice concerning the invitation to work of foreign specialists.

To receive the positive notice, the employer shall submit to the National Employment Agency a request (according to a fixed model), with the argumentation of the necessity of invitation of the foreign citizen, his qualification, the place of work, the personal data of the foreign specialist (name, surname, day, month and year of birth, citizenship), passport data (series, number, validity), length of service, information about the employer (complete title, nr. of registration/IDNO, address, name and surname of the administrator. To the request the employer annexes the documents, stipulated by the legislation in force.

The positive notice from the National Employment Agency serves as a ground for the invitation of the immigrant worker and to obtain the visa for long term stay in the Republic of Moldova at the diplomatic and consular missions of the Republic of Moldova or to obtain the invitation for the citizens, who obtain a visa on the bases of the invitations from the Ministry of Internal Affairs, in the settled way.

To receive the right to work for the foreign citizen the employer or his representative, empowered in accordance with the legislation in force, with at least 30 days before the expiration of the validity of the right to stay of the foreign citizen, shall submit a request (according to the settled model) to the National Employment Agency, with the documents, settled by the legislation in force.

The decision on the issuance of the right to work is made within 30 days since the registration of the request for a period up to 1 year, with the possibility to extend it for a new term of a year.

For foreign citizen / stateless person who have set up an enterprise/organization/institution, his associate, shareholder with the leading function in the enterprise/organization/institution, or the manager of the enterprise/organization/institution, registered in the Republic of Moldova, employed on the bases of the individual employment contract, the right to work is given without the positive notice from the National Employment Agency.

To extend the right to work for foreign citizens, the employer or his representative, empowered in accordance with the legislation in force, with at least 30 days before the expiration of validity of the permit for temporary stay for labour purposes, shall submit a request at the window (according to the settled model), with the annexation of the documents stipulated by the legislation in force.

In order to receive the right to work, to the manager of the enterprise/organization/institution, at least 30 days before the expiration of validity of the right to stay for labour purposes of the foreign citizen in the country, the enterprise/institution/organization shall submit a request to the National Employment Agency (according to the settled model), with the annexation of the documents, stipulated by the legislation in force.

For the foreign citizen/stateless person or the representative of the foreign legal entity, holding the function of enterprise manager who made investments:

a)   exceeding USD 250 thousand shall be conferred the right to work for a period of up to 5 years with the possibility of extending it for a new period not exceeding the validity term of the national ID card;

b)   exceeding USD 100 thousand, but not more than USD 250, shall be conferred the right to work for a period of up to 3 years with the possibility to extend it for a new period.

c)   exceeding USD 10 thousand, but not more than USD 100 thousand, shall be conferred the right to work for a period of up to 2 years with the possibility to extend it for a new period.

For the conferment of the right to work, the foreign citizen/stateless person, the employer or its representative, empowered in accordance with the current legislation, shall submit the documents, stipulated by the legislation in force, with the annexation of the proof of respective effectuated investments.

The decisions on the conferment of the right to work to indicated foreign citizens/stateless persons shall be issued within 15 working days since the date of application registration.

 Invitation to work, conferment and extension of the right to work to detached workers

For the detachment to work of foreign citizens and stateless persons in the Republic of Moldova, the enterprise/organization/institution from the Republic of  Moldova, which concluded the contract of work and/or services with a foreign legal entity, in accordance with the Law of the Republic of Moldova nr.102 from 13.03.2003 on employment and social protection of the job-seekers, in the period of 5 days, must register the job vacancies at the Regional Employment Agency, and place the announcement about the job vacancies in a national newspaper, with the exact indication of the requested profession and offered salary .

If in 15 days the employer together with the Regional Employment Agency do not identify the Republic of Moldova citizens who may fill the announced vacancies, the enterprise/organization/institution from the Republic of Moldova, which concluded the contract of work and/or services with a foreign legal entity, can apply to the National Employment Agency in order to obtain a favorable notice for the detachment to work in the Republic of Moldova of foreign citizens.

In order to obtain a favorable notice for detachment, the enterprise/organization/institution from the Republic of Moldova, which concluded a work and/or service contract, shall submit a request to the National Employment Agency (according to a model), with the argumentation of the necessity of detachment of foreign specialist and the indication of the terms of the works, the qualification and the place, where the foreign citizen will exert his functions. To the request are annexed the documents, stipulated by the legislation in force.

In order to confer the right to work to a detached worker, the enterprise/organization/institution from the Republic of Moldova, which concluded a work and/or service contract, or its representative, empowered in accordance with the legislation in force, 30 days before the expiry of the right to stay of the foreign citizen in the country, submits a request (according to the model) to the National Employment Agency, with the annexation of the documents, stipulated by the legislation in force.   

To the foreign citizens, detached in the Republic of Moldova within the organizations/institutions on the bases of international agreements and treaties; for the implementation of the projects of international organizations; as  the representatives of foreign enterprises on the bases of service contracts in the field of control of technological process and of the quality of production within the enterprises of the Republic of Moldova the right to work is confirmed without the notice from the National Employment Agency.

To extend the right to work for a new term, the enterprise/organization/institution from the Republic of Moldova, which concluded a work and/or service contract, shall submit 30 days before the expiry of the permit for temporary stay for labour purposes a request to the National Employment Agency, with the annexation of the documents, stipulated by the legislation in force.

Refusal to confer or extend the right to work

The applicant shall be denied the conferment or extension of the right to work for a new period provided that:

a) upon examination of the documents, submitted by the applicant, there were found invalid data;

b) the applicant suffers of catching sicknesses, that put in danger the life and the health of the population;

c)   the documents submitted by the applicant were processed by transgressing the established norms;

d) the applicant is subject to restrictions as regards his/her immigration to the Republic of Moldova ;

e)  the qualification of the foreign citizen does not correspond to the owned function;

f)  the situation on the internal labour market has changed;

g) the job vacancies can be filled by the local human resources;

h)  the legal entity from the Republic of Moldova was liquidated or is under insolvability.

VII. Revocation of the right to work

The right to work shall be revoked if:

a)  the employment contract was terminated, according to the stipulations of the Labour Code;

b)  a decision to diminish the period of stay for labour purposes was taken;

c)  upon the conducted verification and/or notifications received from the competent authorities, it was concluded that the holder does not meet anymore the requirements under which the right to work was conferred/extended;

d)  in case of refusal of the Bureau of Migration and Asylum concerning the conferment/extension of the right to temporary stay for labour purposes;

e) at the holder’s request.

The revocation of the right to work shall serve as a reason for diminishing the period of stay and annulling the permit for temporary stay for labour purpose.

The right for temporary stay for labour purpose shall be revoked in accordance with the laws in force.

The loss, the deterioration or the destruction of the permit for temporary stay for labour purpose is declared at the Ministry of Internal Affairs within 3 days since the date of discovery.